Western Australian Industrial Relations Commission

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THE mode of citation of this volume of the Western Australian Industrial Gazette will be as follows 74 W.A.I.G.

THSFaTY FIST FEPOi

OF THE CHIEF COMMISSIONER

OF THE

WESTERN AUSTRMJAM

INDUSTRIAL RELARONS COMMISSION

FOR PERIOD 1 JULY, 1993 to 30 JUNE, 1994

Pursuant to Section 16, Subsection (2) (B) of the Industrial Relations Act, 1979

Report of the Chief Commissioner

of the Western Australian industrial Relations Commission

on the operation

of the Industrial Relations Act, 1979

1 July, 1993 to 30 June, 1994

Minister Responsible For

The Administration of the Act

The Hon. G. D. Kierath, M.LA.

Minister for Labour Relations; Works; Services;

Multicultural and Ethnic Affairs

in his capacity as Minister for Labour Relations

BBiSISm IHHB IIP

i»l nOXN ■ flJ I] QM M u I '.llj^M RCKICI I] U ^ ICM1^ HU U 91

The Western Australian Industrial Relations Commission 5

The Western Australian Industrial Appeal Court 5

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Commission Constituted by Commissioner Sitting or Acting Alone

74 W.A.I.G. 2903

MEMBERSHIP OF TRIBUNALS AND PRINCIPAL OFFICERS

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

During the year to 30th June 1994, the Commission had the following members:

President The Hon. P.J. Sharkey

Acting President The Hon. G.L. Fielding

Chief Commissioner W.S. Coleman

Senior Commissioner G.G. Halliwell

Commissioners O.K. Salmon (Retired 2 July 1993)

J.A. Negus (Retired 17 June 1994)

J.F. Gregor

S.A. Kennedy

R.N. George

A.R. Beech

C.B. Parks

Dr Commissioner S.A. Kennedy is the Chairperson and Mr Commissioner

R.N. George the Deputy Chairperson of the Government School Teachers' Tribunal.

Mr Commissioner J.A. Negus, Mr Commissioner G.L. Fielding, Dr Commissioner

S.A. Kennedy and Mr Commissioner R.N. George are the Public Service Arbitrators.

Mr Commissioner G.L. Fielding is the Chairperson and Mr Commissioner C.B.Parks

the Deputy Chairperson of the Railways Classification Board.

THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT

As at 30th June, 1994, the Court had the following members:

Presiding Judge The Hon. Mr Justice Kennedy

Deputy Presiding Judge The Hon. Mr Justice Rowland

Ordinary Member The Hon. Mr Justice Franklyn

Ordinary Member The Hon. Mr Justice Nicholson

Ordinary Member The Hon. Mr Justice Anderson

INDUSTRIAL MAGISTRATES

The following Stipendiary Magistrates have exercised jurisdiction as Industrial

Magistrates at Perth during the period under review:

Mr R.J. Gething Mrs D. Bennett-Borlase Mr R.K. Black

Mr K. Moore Mr I.G. Brown Ms V.J. French

Mr R.H. Bromfield Mr W.G. Tarr Mr S.R. MaUey

Mr P.M. Heaney Mr P.G. Cockram Mr P.M. Buck

Mr D.J. Reynolds Ms B.A. Lane Mrs A.R. Robins

Mr P.S. Michelides Mr G. Cicchini

Mr M.J. McGuire Mr M.Whitely

REGISTRY &

During the period in review the Principal Officers of the Commission were:

Registrar Mr J. Carrigg

Deputy Registrars Mr T. Pope

Mr G. Yewers (Deceased)

Mr K. McCann

Mr P. Wishart (Acting)

and other staff of the Commission totalled 62.

ANALYSIS OF MATTERS PROCESSED

FULL BENCH

The Full Bench has been constituted on each occasion by the President, The Honourable P.J. Sharkey, or the Acting President the Honourable G.L. Fielding (from 16th May

1994) and two Commissioners. The extent to which each Commissioner has been a

member of the Full Bench is*:

Chief Commissioner Coleman 30

Senior Commissioner Halliwell 19

Commissioner Fielding 11

Commissioner Negus 12

Commissioner Gregor 14

Commissioner Kennedy 15

Commissioner George 17

Commissioner Beech 13

Commissioner Parks 17

The following summarises Full Bench Matters:

Appeals - Heard and determined

Appeals from decisions of the Commission

Appeals from decisions of the Industrial Magistrate.

(NOTE - Interlocutory applications - 13 applications were dealt with by the Full

Bench for extension of time for filing notice of appeal and/or lodging appeal

books)

74 W.A.I.G.

Organisations

Applications for alteration of rules of an organisation 5

Applications for registration of a new organisation 1

Applications for a declaration pursuant to section 71 2

Other

Matters remitted back from Industrial Appeal Court.

Questions of law referred under section 27(1 )(u)

Applications pursuant to section 72( A)

Proceedings for enforcement pursuant to

section 84A brought by - Registrar

- Industrial Inspector

Further and Better Particulars

Re-constitution of Full Bench.

Substituted Service

PRESIDENT

Matters (other than Full Bench matters) dealt with by the President or Acting President

were as follows:

Applications for an Order, Declaration Or Direction pursuant

to section 66 of the Act dealt with by the President 23

The following summarises section 66 applications:

Applications finalised...

Applications adjourned.

Directions hearings**...

Applications for an Order that the operation of a decision

appealed against be stayed pursuant to section 49(11) dealt with by the:

President.

Acting President, 1

Orders

Orders issued by the President or Acting President in matters heard from 1 July 1993

to 30 June 1994 inclusive:

Section 66**

Section 49(11)*

Consultations

Consultations with the Deputy Registrar under section 62 of the Act:-**

President 7

Acting President 1

* These statistics do not include matters heard or part heard this year but not yet finally determined.

** These statistics include matters heard or part heard this year, finalised or yet to

be finally determined.

COMMISSION IN COURT SESSION

During the period under review the Commission in Court Session has been

constituted by three Commissioners on all but two occasions when it was constituted by

five Commissioners to deal with a General Order or State Wage Case matter. The extent to which each Commissioner has been a member of the Commission in Court Session is

indicated by the following figures:

Chief Commissioner Coleman..

Senior Commissioner Halliwell

Commissioner Fielding

Commissioner Salmon

Commissioner Negus

Commissioner Gregor

Commissioner Kennedy

Commissioner George

Commissioner Beech

Commissioner Parks

Matters dealt with by the Commission in Court Session were:

State Wage Case

Applications for General Order under Division 3 Variation of a General Order

Interpretation of a General Order

Variation of awards

Matters referred under section 27(l)(t) Cancellation of an Order

Appeal from Long Service Leave Board of Reference

74 W.A.I.G.

Matters dealt with during the period under review:

Applications for -

New Agreements 106

Variation of Agreement 2

New Awards (by consent) 3

(by arbitration) 2

Variation of Awards (by consent) 205

(by arbitration)

Variation of Order.

Interpretation of Awards/Orders

Cancellation of Awards/Agreements/Orders

Replacement of Order

Joinder of parties

Leave to appeal

Shortened time for answers

Extension of time for answers

Order under section 29(b) 528

Order under section 23 17

Order under section 27 9

Order for production of documents

under section 27( 1 )(o)

Order for further and better particulars

Conferences under section 44 -

591

50

14

15

CONSTITUENT AUTHORITIES

Government School Teachers Tribunal:

Concluded without arbitration

Matters arbitrated by Commissioner holding conference

Matters arbitrated by another Commissioner

Matters referred but not concluded

Appeals 2

2908 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.I.G.

Conferences under section 44 -


Referred for Hearing

Variation of Award (by arbitration)

Variation of Award (by consent)....

Note: The following statistics were excluded from the 1992-1993 figures in error

Appeals - section 78 194

New Awards 2

Variation of Awards

Other Matters

Promotions Appeal Board:

Appeals Heard Withdrawn

Public Service Arbitrator

Applications pursuant to section 80E 6

Reclassification appeals 126

Appeal Board 9

Conferences under section 44


Matters arbitrated by another Commissioner

Matters arbitrated by Commissioner holding Conference

Railways Classification Board:

Conferences under section 44


Reclassification Appeals

Variation of Awards (by consent)

THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT

Matters dealt with:

Appeals from decisions of the Full Bench

Appeals from decisions of President

17

1

74 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 291

♦Complaints:

Total for period under review -

Lodged 916

Proved 84

Dismissed 199 Withdrawn by leave 214

Pending 419

(♦includes a number of matters under Federal awards)

Complaints which resulted in the application of penalties were:

Number of Complaints 86

Fines $39,875.00

Costs $ 6,573.30

The Boards of Reference detailed hereunder were chaired by the Registrar or a Deputy Registrar.

Disputed claims under the Long Service Leave

provisions of awards


Act, 1958


Government provisions

Number in force at 30th June, 1994 652

ons of employees 63

:rship 206,217

ons of employers 17

:rship 3,100

SUMMARY ©F MAIN STATISTICS

1991-92 1992-93 1993-94 FULL BENCH

Appeals 54** gl** 2 j!§SS§S

Other Matters 16 19 23

PRESIDENT SITTING ALONE

S.66 Matters 27** 24** 23

S.49(ll) Matters 22 19 19

Other Matters 23** g** 8

COMMISSION IN COURT SESSION

General Orders 4 3 1

Other Matters 20 26 17

COMMISSIONERS SITTING ALONE

New Agreements 7 48 106

New Awards 13 5 5

Variations of Awards 460 234 261

Conferences 712 678 670

Other Matters ... 1037 1018 802

CONSTITUENT AUTHORITIES:

Government School Teachers Tribunal:

Appeals (including protective

appeals) 2 194 2

Conferences 12 7 8

New Awards - 2 -

Variation of Awards 5 5 5

Other Matters - 2 -

Promotion Appeal Board:

Appeals 65 62 58

Public Service Arbitrator: Reclassification Appeals.. 44 68 126

Conferences 72 51 116

Railway Classification Board: Reclassification Appeals.. 1 2 -

Variation of Awards 6 2 2

Conferences 33 7 5

Other Matters 2 - -


AWARDS/AGREEMENTS

1991-92 1992-93 1993-94

In Force* 510* 558* 652*

BOARDS OF REFERENCE

Matters dealt with 9 7 8

INDUSTRIAL ORGANISATIONS OF EMPLOYEES 62 65 63

Membership 224,791 216,524 206,217

INDUSTRIAL ORGANISATIONS OF

EMPLOYERS 18 17 17

Membership 3,768 3,065 3,100

* Includes Public Service awards and agreements and awards applying to State School Teachers and Railway Officers.

** Includes matters heard or part heard, finalised or yet to be finally determined.

HI

During the period under review wage rates and conditions of employment have continued to be regulated by State Wage Principles. However uncertainty about the future of the centrahsed wage fixing system is a feature of industrial relations at this time.

On 24 December 1993 the Commission in Court Session issued Reasons for Decision following consideration of the October 1993 National Wage Case. The Commission stated:

"The underlying theme of the Principles promulgated as a result of the National Wage Decision is to encourage, if not to limit, regulation of industrial relations to enterprise specific collective bargaining, rather than industrywide arbitration and to confine general wage increases to lower paid workers. Although we endorse that concept and unreservedly acknowledge the need to limit general wage adjustments in a way which does not upset the delicate state of the National and State economies, having regard to the deficiencies in the Principles outlined by the bodies who have appeared before us on this occasion, and in light of our own experience with the existing State Wage Fixing Principles, we very much doubt whether the new Principles, which form the basis of the recent National Wage Decision, will achieve what they aim to achieve. In those circumstances, despite the submissions of those bodies, we question whether there is not good reason for us not to make a General Order giving effect to the National Wage Decision." ([1994] 74 WAIG 198 at 200)

Despite serious misgivings about the National Wage Decision, the Commission gave effect to it by General Order pursuant to Section 51 of the Act "...as distinct from a General Order which sets out guidelines for wage fixation which aim to maintain economic stabihty, whilst recognising the need for flexibility in wage determination on a case by case basis with an enterprise rather than industry focus (op cit p.200).

Apart from practical difficulties associated with translating the terms of a National Wage Decision into State Wage Principles, significant differences between State and federal industrial relations legislation may give rise to doubts as to this Commission's ability to continue applying a centrahsed wage fixing system under Section 51 of the Act.

The momentum for change at the enterprise level was given additional impetus by the December 1993 amendments to the Act. (Refer: Industrial Relations Amendment Act 1993).

During the period in review three (3) enterprise agreements were cancelled. Since 1st December 1993, 61 enterprise agreements have been lodged for registration under Section 41 of the Act. Thirty two (32) Enterprise Agreements were registered in the six months of the review period prior to the December 1993 amendment In all 143 Enterprise Agreements now apply under the Act. The following table identifies industry sectors in which enterprise agreements operate.

NDUSTRIAL GAZETTE 2913 74 W.A.I.G. m

i ER

'SECOND TIER' ORDERS*

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Note () Figures from last year

nulluMlKllM •■inn •jiwat ti*

IBB i (• 11 fi kTU cements particuli md sup awards

in 41 of

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e extent to s progresse riations und

to the end of the period of review.

\PPLICAT

30/6/93 30/6/94

No. of Awards Varied for 3% 73 122 120 30.46%

Superannuation July 1986 State (11.9%) (21.86%) (18.40%)

Wage Case (66WAIG 1139)


% Of 394

State Wage Case Variation 30/6/90 30/6/93 30/6/94 30/6/94*®

No. of Awards varied for 43 204 206 52.28% Restructuring and Efficiency Residual (31.60%)

Principle Wage Adjustments 1987 only

State Wage Case (67WAIG435) (see 1990 Annual

Report)

Percentage of all Awards varied 7.01% 36.56% 31.60% of

for 4% Restructuring and Residual of all awards all awards

Efficiency Principle (i.e. 2nd Tier only

increases) (see 1990 Annual

Report)

45.43% of 38.36% of

449 relevant 537 relevant

Awards * awards *

51.52% 52.28% of

of 396 394 relevant

relevant awards **

awards **

No. of Awards varied for 3% & Not 300 297 75.38%

$10 Structural Efficiency Principle available (53.76%) (45.55%) Wage Adjustments, Sept 1988

State Wage Case (68 WAIG

2412)

No. of Awards varied for 1st $10, 257 301 299 75.89% $12.50, $15 or 3% Structural (41.92%) (53.94%) (45.86%)

Efficiency Wage increase Sept

1989 State Wage Case

(69WAIG2913)

No. of Awards varied for 2nd $10, 53 280 281 71.32%

$12.50 , $15 or 3% Structural (8.65%) (50.18%) (43.10%)


1989 State Wage Case (69WAIG2913)

No. of Awards varied for the 2.5% N/A 243 250 63.45%

Structural Efficiency Principle (43.55%) (38.34%)

Wage Adjustment, June 1991

State Wage Case (71 WAIG 1723)

State Wage Case Variation 30/6/90 30/6/93 30/6/94

% of 394

30/6/94**

No. of Awards and Agreements Varied for the $8 Arbitrated

Safety Net Adjustment, State Wage Case Dec 1993

N/A N/A 103 (15.80%)

26.14%

No. of Common Rule Awards of

the Commission

176 (28.71%)

149 (26.7%)

158

(24.23%)

40.10%

Percentage of Common rule

Awards Varied to include 3% Superannuation July 1986 State

Wage Case (66WAIG 1139)

60% (includes

orders)

53.02% 53.80%

(85)

21.57%


Awards Varied to include 3% &

$10 Structural Efficiency Principle

Wage Adjustments, Sept 1988

State Wage Case (68 WAIG 2412)

87.25% 86.08% (136)

34.52%


Awards varied for 1st $10, $12.50, $15 or 3% Structural Efficiency

Wage increase Sept 1989 State

Wage Case (69WAIG2913)

66% 84.56% 82.78%

(130)

32.99%


Awards varied for 2nd $10,

$12.50 , $15 or 3% Structural



(69WAIG2913)

12% 78.52% 77.22%

(122)

30.96%


Awards Varied to include the

2.5% Structural Efficiency

Principle Wage Adjustment, June


(71 WAIG 1723)

74.5% 74.05%

(117)

29.70%

Percentage of Common Rule

Awards Varied to include the $8 Arbitrated Safety Net adjustment,

Dec 1993 State Wage Case

48.10%

(76)

19.29%

Total Number of Awards 613 558 652

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.I.G.

* This represents a percentage of the 537 Awards and Agreements that are directly relevant to the process of structural reform: i.e 652 Awards and Agreements less 115 irrelevant awards as mentioned above = 537 Awards and Agrcements.( in the case of 30/6/93 - 449 Awards and Agreements)

** This column represents a percentage of the 394 Awards and Agreements relevant to the State Wage Case adjustments: i.e. 537 relevant awards as mentioned above less 143 Enterprise Agreements = 394 relevant Awards and Agreements (in the case of 30/6/93 - 396 Awards and Agreements)

Although the focus of the Wage Fixing System for some time has been change at the enterprise level, the incidence of enterprise bargaining agreements in the public sector has been low. From the Commission's perspective a number of factors appear to be contributing to the failure of parties to successfully conclude agreements. In some cases:

• Unions and management separately or jointly have failed to work out strategies to move from commitments under structural efficiency to enterprise bargaining. Time and resources are being expended on trying to revive generalised undertakings and unfulfilled commitments under Structural Efficiency Agreements going back to 1989.

• Management has failed to define the enterprise structure within which bargaining may apply.

• Unions and management have failed to provide the resources and adequately trained personnel to embark upon the process of enterprise bargaining.

• Although initiatives to establish new administrative structures and procedures under Government policy are being developed and implemented as a matter of priority there has been a failure to integrate a comprehensive human resources policy into the process of change.

• Underlying tensions caused by the absence of a firm commitment to enterprise bargaining and the availability of work place agreements has resulted in stand offs.

• Unions initiatives to move to the federal jurisdiction have delayed attempts to initiate negotiations.

• Unions have failed to organise as a bargaining unit.

• Failure of employees at the workplace to recognise their roles in promoting enterprise bargaining and a reluctance on the part of unions to allow members to freely participate in the process.

It is appreciated that there are inherent difficulties associated with the application of enterprise bargaining in the public sector. Product orientated operations in the private sector have ready-made frameworks to apply. Best Practice benchmarks, "TQM" and "SPQ" strategies provide models to assist in promoting the environment and setting objectives for enterprise bargaining to develop. Most private sector industries have, during the recession, already confronted the difficulties of redundancies and the need to become more efficient to survive. The public sector may only now be feeling the full force of rationalisation. And in times of dislocation it may be difficult to accommodate further change under enterprise bargaining.

Whatever the factors that may conspire to make enterprise bargaining difficult there is a common aspect to successful agreements. This is the fact that management has always taken ownership of the process. The failure to realise a successful enterprise bargain will inevitably rest with management.

In the course of regulating enterprise bargaining agreements parties have implemented a range of initiatives. Some of these are summarised under the industry sectors:

Metal Industry

• Properly constituted Consultative and Training Committee to:-

- Monitor on-the-job and accredited training.

- Advise on skill based career paths.

• Improve performance and safety in critical areas of personnel, quality and production.

• Flexible working hours and rostered days off.

• Reduction of absenteeism through flexible working arrangements and safety (lost time accidents).

• Promote consultation to reduce loss time through disputation.

• Direct transfer/payment of wages, fortnightly.

• Further improve productivity through monitoring and examining Job Design and Work Practices.

• Flexible shift work arrangements to meet workloads.

• Enhance job security through multiskilling and being customer orientated.

• Redundancies to be based on skills requirements of the company/enterprise.

• Improved redundancy provisions.

• Perform alternative work/job requirements during extreme/inclement weather.

• Improve Performance Awareness to achieve

- Reduction in wastage of material.

- Maximise utilisation of machinery downtime.

• Encourage TQM through:-

- Team Training.

- Process Improvement.

- Workplace Teams.

• Active participation and commitment by all employees to ensure standards of Quality Assurance Accreditation is maintained.


Building Industry

• Flexible working hours to meet job requirements.

• Calculation of sick leave on an hourly basis.

• Flexible annual leave arrangements.

• Flexible use/accrual of rostered days off.

• Payment of Composite Allowance based on average of Special Rates and Conditions provisions of relevant award.

• Implementation of new training policy to meet changes in technology, equipment and work patterns.

• Flexible use of employees to carry out broader range of duties without promoting de-skilling (multiskilling).

• Fortnightly payment of wages.

• Annual performance and skills review process

• Work towards adoption of one award to cover all employees within a trade area.

• Detailed dispute settlement procedures to minimise downtime.

• Safety awareness program to achieve zero loss time through injury.

• Assess Tradesmen/Labourer Ratio on sites.

• Employee incentive schemes to further increase productivity.

Clerical Industry

• Adoption of training skills program.

• Standardisation of administration/clerical work.

• Achieve hours of work flexibility.

• Standardise wages and conditions to those of other State Sector workers.

Electrical Contracting Industry

• Achieve Quality Assurance Accreditation to Australian Standard 3902.

• Workteam set targets and objectives (i.e. self managed workteams).

• Development of alternative work methods.

• Improvement of customer service and service follow-up - both during and after office hours.

• Merit based training and testing.

• Inclusion of productivity measures and targets in Enterprise Bargaining.

Timber Industry

• Create outward focus to provide excellence in meeting requirements.

• Create inward focus to provide consultative, productive teams.

• Ensure site becomes more productive and efficient.

• Provide fulfilling and varied jobs.

• Ensure operates to world standards in Safety, Quality and Production.

• Introduction of performance measures.

• Implementation of Australian Standards quality systems.

• Implementation of continuous improvement processes.

• Improve training opportunities and skills.

Printing Industry

• Establish consultative committee.

• Introduction of custom programming language.

• Introduction of integrated classified pagination.

• Introduction of interactive advertisement layout.

• Introduction of interactive news layout

• Re-establishment of duties in modular make-up.

• Introduction of technology to aid display advertising make-up.

• Classified advertisements - duties.

• Electronic paper layout - introduction.

• Reduction in production errors.

• Sick Leave - monitored by consultative committee.

Shop and Warehouse Industry

• Hours of operation - longer.

• Flexible employment arrangements - casual employees.

• Cost reduction - competitive, productive operation.

• Punctuality.

• Absenteeism - reduction in level.

• B-class licence - training for truck licence.

• Public Holidays - requirement to work on these days; have day added to annual leave.

• Annual Leave - not taken during busy times.

• Rest Breaks - closely adhered to allowable times for rest break.

• Plant Familiarisation - training to enable acting in other areas.

• Sick Leave - proper notification.

• Shift Rotation - work on other shifts to meet demand.

• Performance Awareness - targets developed to efficiency and performance.

• Skills classification - full flexibility on work site.

• Quality improvement - Standards accreditation.

- Responsibility for product quality.

- Total quality management.

- Statistic recording.

• New technology.

• Training - learn appropriate skills to employment.

• Introduction of JCC (Joint Consultative Committee).

• Gain commitment to continuous improvement.

• Enhance attitude and sense of belonging.

• Increase competitiveness.

• Improve job satisfaction.

• Electronic funds transfer.

• Use of staff personnel to operate plant machinery.

• Staggered starts - meal breaks staggered.

• Occupational Health and Safety - recognition need to improve by reducing lost time injuries.

Transport Industry

• Total quality management introduction.

• Provision of adequate resources and training.

• Utilisation of teams.

74 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2'

• Continuous production.

• Training employees in TQM principles and problem solving.

• Improved service.

• Improved product quality.

• Establish Consultative Committee.

• Skills classification - Improve efficiency.

- Improve communication.

- Develop appropriate training.

- Increase opportunities.

- Favourable remuneration.

• Standards accreditation.

• Responsible for product quality.

• Statistical recording.

• Introduced new technology.

• Flexibility agreement.

• Shift rotation.

• Extension of service standards.

• Introduction of probation periods for weekly contractors.

• Flexibility and competency of personnel.

- Career opportunities through appropriate training.

- Remove barriers enable wide range of functions.

• Payment of wages (EFT).

• Introduction of safety programme - review safe working practices, procedures and programmes.

• Waste minimisation - Recording and appropriate "house keeping".

• Commitment to safety, quality and productivity program.

- Job security.

- Feedback and communication process.

- Recognition of achievement.

- Commitment to training and career paths


• Commitment to development of Key Performance Indicators.

• Occupational Health and Safety - recognise need to improve by reducing lost time injuries.

For the period now under review the number of awards and industrial agreements which have been the subject of a Minimum Rates review stands at 56. This aspect of the State Wage Principles has been difficult to implement It would appear that awards which attracted wage increases under the determination of a key minimum classification relativity have now been adjusted. Awards in which the prospect of a properly fixed key minimum classification may result in significant components of the re-structured wage rates being identified as supplementary payments has caused some parties to balk at undertaking the exercise.

The position has been further complicated by the introduction of the Arbitrated Safety Net Adjustment Principle which limits increases of up to $8 per week to Minimum Rates Awards. The identification of awards as having either "paid rates" or "minimum rates" status is proving difficult for some parties, particularly those with public sector awards. Access to the $8 per week wage adjustment is at this time available only to those employed under minimum rates awards which have had or will be the subject of a minimum rates adjustment

The failure to achieve comprehensive application of award reviews under the Minimum Rates Adjustment Principle may jeopardise wage stability in future. At present a further 42 Minimum Rates Adjustments applications have been lodged and may be called on for determination by the Commission.

EDUCATION

The contrast between the development of industrial relations in the private and public sectors of teaching continues to be significant

One of the main factors enhancing the quality of collective achievements in the private sector in recent years has been the registration of an employers' organisation (the Association of Independent Schools of Western Australia Inc.) under the Industrial Relations Act, 1979. This has facilitated information sharing, discussion and policy development between employers in an established industrial context. Another positive factor has been the effective and regular recourse by the parties in this sector to a consultative committee made up of representatives from the relevant union (The Independent Schools Salaried Officers Association of Western Australia, Industrial Union of Workers) and representatives of employers in the Catholic Schools system and other private sector schools.

These structures have facilitated a coherent approach to enterprise bargaining whilst enabling individual schools to pursue collective outcomes related to specific concerns, structures and objectives. It is confidently anticipated that the first of many enterprise agreements from this sector of education will be registered shortly.

No comparable measures of development of enterprise bargaining involving primary and secondary schools in the public sector are apparent. Indeed it appears that the position of the parties as to what the 'enterprise* is to be for the purposes of engaging in enterprise bargaining has not yet been established notwithstanding the fact that the pursuit of enterprise bargaining under the Wage Fixing Principles has been available since at least 1992.

The situation in the area of public sector technical and further education is somewhat more promising in that a framework for reasonable, mature enterprise bargaining was established earlier this year with the relevant unions and with 'grassroots' involvement rather than simply a centralised approach. There is no doubt that this same framework has been effective in many of the most advanced enterprise agreements registered in the Commission in 1993-4 and there is no good reason, of which the Commission is aware, why this structure would not serve enterprise bargaining well here.

But whether or not progress will be made in this area of public education and training probably will depend on the ability of the major union (the State School Teachers' Union) and the management, particularly middle management, to recognise and deal with genuine fear of (yet more) change with possible upheaval and job losses as well as the traditional, conservative mind-sets in this area against any change at all.

Of course any comparison between the progress of enterprise bargaining in the private and public sector needs to be drawn in the context of the continuing demarcations imposed by the Parliament in the provisions of the Industrial Relations Act, 1979.

These legislative restrictions on the jurisdiction and functioning of the Commission in the area of industrial relations involving public sector teachers compared with private sector teachers have been the subject of adverse comment in previous Annual Reports. And the difficulties and inequities resulting are recorded clearly in judgements issued by the constituent authority, the Government School Teachers Tribunal, since at least 1990. Nothing has changed.

It remains the considered view of the Commission that unless public sector education in Western Australia is brought into the industrial mainstream, there will be a continuing tendency for a sheltered workshop approach to dealing with industrial issues in the 1990s fostered within the union and management

PUBLIC HEALTH

Progress towards enterprise bargaining in the public health industry appears to be slow. Changes in the administrative structure with the demise of regionalisation and the introduction of the "funder-owner-purchaser-provider" model together with planning for "contestability" under the system of "managed competition" in the provision of health care services have contributed to a feeling of uncertainty in all sectors of the industry.

"Contestability" is defined as "the introduction of the potential for competition into government sector services which have previously held a monopoly position or which have operated in a regulated or tied market. Contestability helps to ensure that the services provided are those needed by the community, and that they are provided competitively in terms of quality time and price. Competitive forces tend to generate quality and value by forcing competitors to be responsive to client needs, and by requiring clients to make judgements about the quality and value they expect." (Refer Guidelines For Contestability in Government Sector Health Services HDWA Nov. 1993)

The opportunity to commence and conclude enterprise bargains would seem to be most propitious as health care units (enterprises) restructure to position themselves to compete for the provision of services. A failure to achieve that now may see the opportunity for enterprise agreements gone forever.

METAL TRADES CONSTRUCTION AND MAINTENANCE

As pace-setters in developing wage structures competency modules under structural efficiency, parties to metal trades awards have continued to be at the fore-front of enterprise bargaining. The majority of agreements registered in the Commission have

teen in the metal trades industry. This is consistent with observations made in previous Reports that the most successful initiatives under enterprise bargaining have followed award restructuring and workplace efficiencies under Structural Efficiency. With the spread of enterprise agreements within this industry there has been a corresponding decreased reliance on award variations. No doubt the bouyant labour market in this industry has contributed to the willingness of parties to conclude enterprise bargains.

BUILDING INDUSTRY

During the period covered by this Report any upsurge perceived in the building industry has not been reflected in an increased volume of matters brought to the Commission.

Of matters which have been brought to the Commission the majority concern applications for site allowances or claims of unfair treatment of employees. There has also been a tendency to apply for conferences pursuant to Section 44 of the Industrial Relations Act to endeavour to reach agreement on matters that otherwise would give rise to applications for enforcement of awards. In buoyant times these issues were not often brought to the Commission for conciliation.

The protracted proceedings to introduce redundancy provisions within building trades awards have still not been completed. They are the subject of private discussions between the parties.

Applications for the Arbitrated Safety Net Adjustment have been granted in the principal awards in this industry. However, the application of the minimum rates adjustment is seen by the unions in the industry as dependant upon the outcome of counterpart proceedings in relation to the federal award in the Australian Industrial Relations Commission. Therefore little progress has been made on those matters in this jurisdiction.

MINING

The Commission continues to be active in a broad spectrum of the mining industry. Conferences and hearings have taken place in the iron ore, salt, mineral sands, gold, lead, zinc and diamond sectors. For the main part, the Commission has been involved in assisting parties reach enterprise agreements. A number of significant agreements have been registered under Section 41 of the Act, however, there are many agreements made under Structural Efficiency which the parties opt not to register. Records of the terms agreed to by the parties are usually retained on the Commission's files under the provisions of Section 44(4) of the Act. This area of work is not reflected in statistics but is nevertheless ongoing and an important area of the Commission's role in facilitating work place change.

Industrial relations in the iron ore industry have continued to improve. Since my last Report, the great bulk of the wages workforce at Hamersley Iron Pty Ltd has entered into workplace agreements, thereby removing them from the jurisdiction of the Commission. That fact, coupled with improvements in relations following the "closed shop" dispute in 1992, resulted in the demand for the Commission's services being significantly less this year than last. Those matters which have required the attention of the Commission have generally been settled by conciliation.

There has been ongoing involvement in far reaching reforms in the Gold Mining Industry. In a major case at Kambalda, the Commission was able, by directing parties to communicate and negotiate, to avoid what would have been extensive arbital proceedings. The contribution to the resolution of the matter made by Deputy Registrar Pope in undertaking duties at the Commission's direction is appreciated. Similarly work done by Deputy Registrar McCann in the Pilbara particularly in the area of aboriginal employment is acknowledged.

74 W.A.I.G. 2' as

The mineral sands industry is still suffering from a depressed market. Although there has been some job losses, the industry continues to exhibit good industrial relations and the Commission has had very little involvement with the industry this year.

There has been a growth in the use of workplace agreements in the mining sector. On many occasions, die parties have kept the Commission informed of their intentions to enter into these arrangements. TTiere have been a number of requests for the Commission to be available as the arbitrator. Consistent with the provision of the legislation the Commission has accepted nomination.

STATE RAIL INDUSTRY

The industry has been the subject of dramatic restructuring with consequent job losses. This has strained relations in the workplace with a resultant increase in the Commission's involvement with the industry. As a consequence, the Commission had a greater involvement with the industry than was the case last year, principally as a result of disputes arising out of the restructuring. Most of the disputes were settled in conferences, although in some cases not without industrial action.

The industry continues to provide a significant percentage of appeals before the Promotions Appeal Board. Although there was a dramatic reduction in the number of appeals from the industry this year, the reduced number still amounted to almost 50 per cent of the appeals dealt with by the Promotions Appeal Board.

APPLICATIONS UNDER SECTION 29(b) OF THE ACT

Five hundred and twenty eight claims from individuals alleging unfair dismissals or a denial of contractual benefits not covered by an award or industrial agreement of the Commission were lodged during the year under review. In the previous year 715 claims were dealt with.

The following table details the particular basis of claims and the manner in which they were finalised.

Section 29 Section 29 Section 29 (b)(i) (b)(ii) (b)(i) & (ii) Expressed

(Unfair (Contractual (Combined as a % Dismissal) Benefits) Applications) of Total

Arbitrated Claims in which Orders issued 43(8%) 15(3%) 11(2%) 13%

Settled after proceedings before the Commission (investigation and conciliation) 264(50%) 31(6%) 37(7%) 63%

Matters withdrawn before proceedings commenced 71(14%) 34(6%) 22(4%) 24%

TOTAL 378(72%) 80(15%) 70(13%) 528(100%)

The resolution of 63% of claims without recourse to arbitration maintains the level achieved previously. Officers of the Commission acting pursuant to directions of Commissioners continue to make an important contribution to the dispute resolution process through their participation in meeting with the parties prior to formal proceedings being instigated.

The number of applications being lodged in the closing months of the period under review is comparable with the level being received earlier in the year. However, Commissioners have noted an increase in the incidence of applicants coming before the Commission advising that they are also pursuing claims in the federal jurisdiction. Apart from the difficulty that this raises for conciliation, the practice of 'forum shopping' is of concern.

ADULT MINIMUM WAGE

On 31st May 1994 pursuant to Section 14 of the Minimum Conditions of Employment Act 1993, the Commission forwarded its recommendation to the Minister following a review of minimum weekly rates of pay. At that time the adult minimum wage under Section 13(2) of the Minimum Conditions of Employment Act 1993 stood at $275.50 per week.

As noted previously in Annual Reports the rate was determined in the absence of any legislative framework and continues to be done so under the recommendation required under the Minimum Conditions of Employment Act 1993.

A minimum adult rate of $300 per week was recommended as an interim adjustment to a datum rate of $325.40 per week to be achieved over time.

Specific exclusion under Section 15 of the Minimum Conditions of Employment Act 1993 was recommended for employees classified as apprentices or trainees covered by awards or industrial agreements of the Commission. This exclusion was recommended to overcome difficulties arising from the prescription of junior rates which override awards, and agreements. Parties directly involved in promoting on-the-job training would then play a part in ensuring that skill acquisition programs remain attractive and viable.

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

During the period under review this Commission dealt with 16 matters referred from the AIRC under Section 36 or Section 174 of the Industrial Relations Act, 1988 (Commonwealth). These matters involved disputes in local government, the building and construction industry and the maritime industry. One joint sitting was conducted during the review period.

The President of the Australian Commission has convened conferences with representatives of State industrial tribunals on three occasions during the year.

The death of His Honour Mr Justice Barry James Maddem AC on 14 January 1994 is a sad loss to all who worked with him. His dedication courage and kindness will be long remembered.

CONCLUSION

The issue which confronts the award system in the immediate future is whether National Wage Decisions continue to be relevant to a Wage Fixing System in this State given the framework of the Act. The question has to be answered as to whether the pace of structural reform under the Principles has been sufficient to sustain economic growth.


If the Wage Fixing Principles are to continue in their present form the Commission may have to consider if any initiatives are necessary to ensure that the Minimum Rates Adjustment process and the Arbitrated Safety Net Adjustment Principle have consistent and comprehensive applications.

Whether or not the centralised Wage Fixing System continues, an enterprise focus is crucial to the realization of efficiency improvements and productivity increase particularly in the public sector. The Wage Fixing System has evolved to the point where the maturity of parties may now be put to the test.

On 2nd June 1994 the Hon Minister commissioned Acting Hon President G L Fielding to conduct an independent review of the State's industrial relations legislation with a view to modernising them and making them more relevant to today's working environment

On 15th June 1994 the Commission lost a valuable officer, a colleague and a friend. Deputy Registrar (Industrial) Gary Yewers' sudden death has left us all with sadness. The memory of his dedication, courtesy and good spirit will always be with us.

On 2nd July 1993 Commissioner O K Salmon retired from the Commission. Commissioner J A Negus retired on 17th June 1994. Both Commissioners take with them the appreciation of their colleagues for their contribution to industrial relations in this State. The Commission extends to them best wishes for a long, healthy and happy retirement.

I express my sincere appreciation to my colleagues, the Registrar and all the staff of the Commission for the assistance I have continued to receive from them. I thank the staff of the Court reporting service for their patience and for the service they have rendered to the Commission.

30th September 1994 W S Coleman

Chief Commissioner

FULL BENCH— . Appeals against decision of

Commission—

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION.

Industrial Relations Act 1979. The Minister for Police and The Commissioner of Police

and Western Australian Police Union of Workers.

No. 831 of 1994. BEFORE THE FULL BENCH

HIS HONOUR THE ACTING PRESIDENT G.L. FIELDING.

COMMISSIONER J.F. GREGOR. COMMISSIONER C.B. PARKS.

24 November 1994. Reasons for Decision.

THE ACTING PRESIDENT: The facts in this matter are uncontroversial. For many years prior to 1989 members of the Police Force were expressly entitled, by virtue of Part XIII of the Police Regulations 1979, to obtain free medical treatment of the kind normally provided by a general practitioner from the District Medical Officer at Perth or at Fremantle. This applied whether the cause of the treatment was work related or not. In the case of members of the Police Force stationed outside a radius of 25 kms from the police headquarters at Perth or the police station at Fremantle, they were entitled to claim reimbursement from the Police Department for the cost of treatment by a general practitioner. The cost of treatment not provided by general practitioners, such as specialist visits and x-rays, was recoverable from the Department after prior consultation with the District Medical Officer. In addition, members of the Police Force were entitled to a refund from the Department for the cost of medicines and the like supplied on prescription from a District Medical Officer or a general practitioner.

Those arrangements were changed in 1989 following the abolition of the office of District Medical Officer. Thereaf- ter, until on or about 21 February last, members of the Police Force were able to claim from the Commissioner of Police reimbursement for the cost of medical and pharmaceutical expenses incurred by them, whether those expenses were related to their work or not. Apparently the authority for that arrangement is Regulation 1307 of the Police Regulations 1979, as amended. The Regulation provides—

"(1) Subject to regulation 1308(2) and (3), a member or cadet who receives—

(a) any consultation, treatment or other service by a medical practitioner; or

(b) any X-ray or other service not provided by a medical practitioner but provided under a referral given by a medical practitioner,

may claim from the Commissioner reimbursement of the amount paid for that service, less the amount of any Medicare benefits paid or payable, and the Commissioner may pay the claim.

(2) A member or cadet is entitled to reimbursement by the Commissioner of the cost of a medicine supplied by a pharmaceutical chemist on the prescription of a medical practitioner if the medicine was at the time of issue of the prescription specified in the Commonwealth Schedule of Pharmaceutical Benefits for Medical Practitioners.

(3) A member or cadet claiming reimbursement of expenditure shall submit with his claim—

(a) in the case of expenditure of a kind referred to in subregulation (1)—

(i) a receipt for the amount paid; (ii) a statement of the amount received or

receivable as Medicare benefits; and

(iii) where applicable, documentary evidence that the health service not provided by a medical practitioner was provided under a referral given by a medical practitioner;

and (b) in the case of expenditure of a kind referred

to in subregulation (2), a receipt for the amount paid,

and the Commissioner, before approving payment, may require the member or cadet to supply additional information as to the identity of the person treated, the amount paid or, where applicable, the prescription.'

Subregulations 1308(2) and (3) provide that a member who suffers illness or injury through his own fault or misconduct is not entitled to the benefits provided by Regulation 1307.

On or about 21 February last the Commissioner of Police published a notice in the Western Australian Police Gazette informing members of the Police Force that this arrangement, as it applied to non-work related expenses, had been suspended for the balance of this financial year because funds allocated for that purpose "are expended". At the same time, notice was also given that Regulations 1306 and 1307 "will be reviewed in respect of continuation of such reimbursements".

The Union objected to the suspension of the scheme and sought a conference in the Commission regarding the matter. A conference was held, but no agreement was reached. Accordingly, the Commission referred for hearing and determination the question of whether, as the Union sought, the Commission should make an order directing the Commissioner of Police and the Minister responsible for the Police Force to "end the suspension of payments, re- institute the practice/s of reimbursement as applied up to the point of suspension and apply this to any claims by police officers and cadets caught by the suspension".

The Union's contention was that the scheme for reimbursing non-work related medical expenses constituted a condition of employment for members of the Police Force. Moreover, it contended that, not only was the action of the Commissioner of Police unlawful in depriving members of the Police Force their contractual right, die manner in which the suspension was carried out was unfair in that it deprived the members the opportunity to seek reimbursement in cases where they had already undertaken medical treatment, in some cases after checking with the Department to ensure that the costs would be met by it.

The Commissioner of Police and the Minister opposed the claim by the Union. As a preliminary point, they argued that the matter was not an "industrial matter" for the purposes of the Industrial Relations Act 1979 since, as was common ground, the Regulation in question applied exclusively to non-work related medical expenses. Work related medical expenses are, and were at all material times, covered by Regulation 1306. In the alternative, they contended that the scheme had become too costly to maintain. Moreover, members of the Police Force were entitled to generous sick leave provisions. In addition, it was argued that the scheme was said to be in conflict with the State Wage Fixing Principles.

The Commission held that the matter was an industrial matter and, further, that the practice of the Commissioner of Police reimbursing members of the Police Force for their non-work related medical expenses was so well established as to constitute a contractual entitlement. The learned Commissioner observed that the suspension "was probably in breach of the Police Regulations 1979". She found the suspension to be unfair since it involved a change in the contractual entitlement without due notice or discussion with the persons affected by its suspension. In consequence, the Commission made a declaration that the action of the Commissioner of Police in suspending without notice the payment of any reimbursement for non-work related medical expenses was unfair, and ordered that "the suspension be lifted and duly raised claims for reimburse-

74 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2'

ment already filed and affected by the suspension are to be dealt with in accordance with the standards as to what applied immediately prior to that suspension unless and until those standards are changed by due process".

From that determination the Commissioner of Police and the Minister now appeal. As was the case in the proceedings below, the Appellants contend that the matter in issue is not an industrial matter. Counsel for the Appellants submits that to constitute an industrial matter, the matter in dispute must be connected with the relationship of employer and employee in their respective capacities as such, and in a way which is direct and not merely consequential. Non-work related medical expenses, by their very nature, did not fit that description but were said to be in the nature of an ex gratia social payment and thus a claim relating to them could not give rise to an industrial matter. Further, counsel argues that the benefits arising under Regulation 1307 are not contractual because there can be no question of members of the Police Force consenting or otherwise to the Regulations. Even if the contents of the Regulations could form the basis of a contract of employment, there was no evidence before the Commission to show that they had been incorporated either expressly or by implication into the contracts of the police officers in question. Thus the Commission was wrong to conclude, as it did, that the benefit provided by the Regulations constituted a term of contract of employment for members of the Police Force. The Appellants also argue that in determining that the employees had a contractual right to reimbursement of non-work related medical expenses, the learned Commissioner purported to make a declaration of right, for which there was no authority under section 44 of the Act. That section, the Appellants argue, relying on Crewe and Sons Pty Ltd v. Amalgamated Metal Workers and Shipwrights Union of Western Australia (1989) 69 WAIG 2623 at 2627 and 2628, confines the Commission to the exercise of its arbitral powers. Further- more, counsel for the Appellants argues that the Commis- sion purported to make an order enforcing Regulation 1307, for which there was no power under the Act. If the regulation had to be enforced, that was a matter for the Supreme Court and not for the Commission, which is a tribunal of limited jurisdiction. In addition, counsel for the Appellants asserts that the learned Commissioner erred in not holding that the reimbursement of non-work related medical expenses under the Regulations was a matter solely for the discretion of the Commissioner of Police. Therefore in suspending or otherwise declining to meet the expenses, it could not be said that he acted unfairly.

Not surprisingly, the Respondent asserts that the matter in dispute is an industrial matter. Senior counsel for the Respondent argues that the conditions of employment for members of the Police Force are set out in a combination of instruments, including the Police Act, the Police Regulations, Routine Orders and the Police Award. Those instruments, most notably Clause 13-12.16 of the Routine Orders, give rise to an express entitlement for members of the Police Force to be reimbursed for non-work related medical expenses. Alternatively, senior counsel argues, there is an entitlement by implication arising through custom and practice. It is said that not only have the non-work related medical expenses been reimbursed without question for many years, that practice is consistent with written advice given by the Commissioner of Police to the Union at the time the Police Regulations were amended in 1989. Senior counsel referred to and relied on the evidence which suggested that the only reason reference was not made to the scheme in the Police Award was to prevent scope for a flow-on of the benefit to others. In any event, senior counsel argues whether the scheme is contractual or not, a dispute as to its continuation gives rise to an industrial matter as being a matter relating to, or concerning, the "privileges and rights" of members of the Police Force. He submits that members of the Police Force have received the benefit of the scheme in their capacity as members of the Police Force and not in any other capacity. It is a benefit in the nature of a reward for their service as police officers. As to the claim by counsel for the Appellant that the learned Commissioner purported to exercise judicial rather than

arbitral power, senior counsel for the Respondent submitted that the learned Commissioner exercised an arbitral function to create a new right independent of Regulation 1307, albeit that that new right was established by reference to the Regulation. Finally, the fact that the learned Commis- sioner's order had the potential to interfere with the discretion of the Commissioner of Police was not a sound basis for denying the Commission authority to make the order, once it is accepted that the discretion concerned an industrial matter. In any event, the order did not require the Commissioner of Police to do anything not permitted by the Police Act or Police Regulations 1979. Furthermore, he referred to, and relied on, the provisions of section 23(2) of the Act which, he submitted, expressly retained the Commission's power to deal with an industrial matter, notwithstanding that the discretion was statutory.

Not without a degree of diffidence I have come to the conclusion that the learned Commissioner was correct in concluding that the matter before the Commission was an industrial matter. In my view the matter falls within the general provisions of the definition of an "industrial matter" in section 7 of the Act as being a "matter affecting or relating to the ... privileges ... of ... employees" in the industry of law enforcement. At the same time, the matter may also fall within the particular provisions of the general definition as being a "matter relating to—... (b) ... conditions of employment... (d) any established custom or usage of any industry".

Although caution should be exercised in applying decisions of the High Court concerning the Federal Industrial Relations Act 1988 and its predecessors to the provisions of the State Industrial Relations Act 1979 because of the different statutory provisions, I accept the position to be that to fall within the scope of an industrial matter under the State Act' 'a matter must be connected with the relationship between an employer in his capacity as an employer and an employee in his capacity as an employee in a way which is direct and not merely consequential", as explained by the High Court in Re The Manufacturing Grocers' Employees Federation of Australia and Another; ex pane The Australian Chamber of Manufacturers and Another (1986) 160 CLR 341 at 353 (see too: Robe River Iron Associates v. Amalgamated Metal Workers and Shipwrights Union of Western Australia and Others (1987) 67 WAIG 723). It is now trite to say that a matter does not become an industrial matter simply because it is a matter about which persons who are employers and employees are disputing (see: The Queen v. Portus and Another; ex parte Australia and New Zealand Banking Group Ltd and Others (1972) 127 CLR 353).

In my assessment, the dispute before the Commission was one concerning the reinstatement of a privilege, if not a right, which directly affected the parties in their respective capacities as members of the Police Force and as the Commissioner of Police. As Mr Le Miere submitted, the privilege was given to members of the Police Force in their capacity as such, not because they had any other status or qualification. Indeed, it is difficult to see how it could be otherwise because the practice was said to be based on the Police Regulations which, in turn, were apparently founded on section 9 of the Police Act. That section empowers the Commissioner of Police, with the approval of the Minister for Police, to make Regulations '' for the general government of the members of the Police Force and of police cadets, as well with respect to ... other necessaries to be furnished to them ... and the control, management, and discipline thereof as may be necessary for rendering the same efficient for the discharge of the several duties thereof, and for the purpose of preventing neglect or abuse". The very nature of the Police Regulations are that they are to govern the management of the Police Force and not the community at large. Thus the scheme could only affect members of the Police Force as such and not as private citizens. Further- more, it is clear on the evidence that the parties regarded it as an integral part of the employment relationship. If the privilege was not a condition of employment in the strict contractual sense, it was a privilege or right in the industrial sense and thus, in my view, directly connected with the

employment relationship. The Appellants acknowledged that the scheme was originally invoked by agreement and as a result of negotiations regarding the conditions of employment. Furthermore, the arrangements, as currently reflected in the Regulations, reflect the recommendations of a working party involving representatives of employer and employee. Moreover, it is clear from a letter written by the Commissioner of Police to the Union at the time the arrangements were changed in 1989 that they represented part of a package of "members medical entitlements" which, amongst other things, required members of the Police Force to notify the Commissioner whenever they became incapacitated for work and, if need be, to submit to medical examinations arranged by the Commissioner. In my view, having regard to the history of the arrangements now in question, it cannot fairly be said that they simply constituted a means of providing an ex gratia payment of a social nature unconnected with the employment relationship. Rather, history suggests that the arrangements were an integral part of the employment relationship and a key aspect of the industrial relations between the parties. In this respect there is a difference between the somewhat similar claim held not to be an industrial matter in R. v. Industrial Appeals Court and Another; ex parte Victorian Chamber of Manufacturers and Others [1975] VR 84, a case to which neither party referred, and the circumstances surrounding the present claim. Just as superannuation benefits were said in Re The Manufacturing Grocers' Employees Federation of Australia and Another; ex parte The Australian Chamber of Manufac- turers and Another (supra) to be frequently offered as part of the remuneration package of employees, so it can be said that for the last 15 years free or heavily subsidised medical and pharmaceutical expenses can be said to form, at least by custom, an ingredient of the employment relationship in the State Police Force (see: Robe River Iron Associates v. Amalgamated Metal Workers and Shipwrights Union of Western Australia and Others (1987) 67 WAIG 1097 at 1098).

In my view, there is a marked difference between the circumstances of the matter now under review and that of a claim for "check-off" considered by the High Court in The Queen v. Portus and Another (supra) and more recently in Re Alcan Australia Ltd and Others; ex parte Federation of Industrial, Manufacturing and Engineering Employees (1994) 123 ALR 193 on which counsel for the Appellants placed much reliance. There is no question of the Commis- sioner of Police having to expend the money, or otherwise deal with money which has already been earned by members of the Police Force and therefore in essence acting as agent for members of the Police Force who have incurred the expenses, as is the case in the "check-off" arrangements. Moreover, at least in the case of medical and pharmaceutical expenses, generally the Commissioner of Police is not being required to pay a third person anything but, rather, as Regulation 1307 makes clear, is only obliged to reimburse members of the Police Force for expenditure already incurred by them, less the amount of any Medicare benefits paid or payable.

Although to constitute an industrial matter, the matter must have a direct connection with the relationship of employer and employee as Walsh J observed in The Queen v. Portus and Another (supra) at page 363 "a narrow view is not to be taken of what may arise out of that relationship or may be sufficiently connected with it to bring a demand within the description of an industrial matter". As the decision of the High Court in Re Amalgamated Metal Workers Union of Australia and Others; ex parte The Shell Company of Australia Ltd and Others (1992) 174 CLR 345) shows, the concept of an "industrial matter" is capable of a wide interpretation. Notably a claim by teachers for payment of travelling expenses, not only for themselves but for members of their family in order to obtain medical and dental treatment, was held in R. v. Bleby Olsen and Stanley; ex parte The South Australian Public Service Board (No. 1) (Tbachers) Case (1974) 9 SASR 320 to be an industrial matter, being in the nature of a reward for services. Also, in Anderson and Others v. Adelaide Football Club Ltd and Others (1993) 48 IR 440, a claim for reserve seating at

football matches for professional footballers was held to constitute an industrial matter. Similarly, in Water Authority of Western Australia v. The Federated Miscellaneous Workers Union of Australia, Hospital, Service & Miscella- neous, WA Branch (1987) 67 WAIG 1740, a claim for paid leave to attend English language classes was held to be an industrial matter. The same conclusion was reached in Hamersley Iron Pty Limited v. Amalgamated Metal Workers and Shipwrights Union of Western Australia and Others (1990) 70 WAIG 2545 regarding an obligation to purchase a house from the employing company.

Thus, in my view, it follows that the learned Commis- sioner was correct in finding, as she did, that the matter was an industrial matter. The question of whether or not the learned Commissioner erred in finding the Commissioner of Police to have acted unfairly largely called for a discretionary judgement on the part of the learned Commissioner. It is therefore not for the Full Bench to interfere with the exercise of that discretion unless and until it can be shown that the discretion has miscarried.

Accepting for the present purposes that the scheme of reimbursement was such as to give the Commissioner of Police an absolute discretion, as counsel for the AppeUants submitted was the case, in my assessment, it was still open to conclude that to change the manner in which that discretion was exercised was unfair in an industrial sense. Although in concluding that the Commissioner of Police had acted unfairly, the learned Commissioner appears to have been influenced by her assessment that there was a contractual obligation to give notice, it is clear, too, that she was impressed by the fact that the practice had been invariably followed since 1989; that the practice was arrived at after the deliberations of a working party involving not just the Commissioner of Police, but representatives of the Respondent; and by the fact that in a letter written to the Respondent at the time the Regulations were amended in 1989 to accommodate the practice, the Commissioner of Police spoke of proposed changes to members' medical "entitlements" of the Police Regulations 1979. Further- more, it is to be borne in mind that the Routine Orders expressly indicate that medical expenses incurred whilst not on duty "will be met" by the Department. In all those circumstances, it was, in my view, reasonably open to conclude, as did the learned Commissioner, that it was unfair for the Commissioner of Police to cease the practice without notice as and when he did. The unfairness is illustrated by the fact that some claims already lodged in accordance with that practice were rejected and by the fact that members of the Police Force who had already embarked upon treatment in the knowledge of the past practice would have their claims denied. The position may well have been different had not claims been met without exception some years since 1989.

There can be no questioning the proposition advanced on behalf of the Appellants that the Commission does not have the power to enforce the Police Regulations as such. Although the learned Commissioner mentioned, seemingly in passing, that the Commissioner of Police "was probably in breach of the Police Regulations 1979", clearly that was not the issue, nor does it appear to have formed the basis for the learned Commissioner's decision. Rather, she took the view, as she stated, that "in any event" it was unfair to suspend the practice without notice. She did not order the Commissioner of Police to comply with the Regulations but, rather, to reinstate the practice which applied immediately prior to its suspension. Her assessment was that because the Commissioner of Police had invariably met all claims from the time the scheme was introduced in 1989 until late in February 1994 " it could be said that the practice has resulted in an entitlement". On any fair reading of her reasons, she appears to have taken the view that because of the conduct of the Commissioner of Police, however based, over a number of years the members of the Police Force had a legitimate expectation that it would continue at least until sufficient notice was given to terminate it and indeed that is reflected in the learned Commissioner's order.

Equally, the Commission's order may well interfere with, or has the potential to interfere with, the discretion of the

74 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2' 1

Commissioner of Police regarding the reimbursement of medical expenses (but c.f. Routine Orders). However, as pointed out by the High Court in Re Cram and Others; ex parte N.S.W. Colliery Proprietors' Association Limited and Others (1987) 163 CLR 117, the mere fact than an order of the Commissioner interferes with policies of management does not take the matter outside the scope of an industrial matter. Similarly the fact that the discretion of the Commissioner of Police was statutorily based does not, in my view, require a different outcome. Whether or not the provisions of section 23(2) of the Act give the Commission extensive powers, as Mr Le Miere suggests, need not be considered because the Commissioner of Police was not being asked to do anything which the Regulations did not permit. He was simply ordered to reinstate the practice which had existed until February last, which practice no one argued was contraiy to the Regulations.

Finally, I feel bound to observe that the arguments advanced on behalf of the Appellants in this matter regarding the issue of jurisdiction lead me to question whether in fact members of the Police Force are employees for the purposes of the Industrial Relations Act and therefore whether the matter was indeed an industrial matter. The fact is that the nature of the work of members of the Police Force and the way in which it is regulated is materially different from those of persons normally classified as "employee", including Government officers. I am aware of a decision of the Australian Industrial Relations Commission in Re Australian Federal Police Association (No. 2) (1993) 51 IR 122 which suggests that members of the Police Force are employees for the purposes of the Federal legislation but, in my view, the arguments advanced by the Appellants in this case are good reason to think that the traditional view of the relationship between members of the Police Force and the Commissioner of Police might be the better view (c.f. Attorney-General for New South Wales v. Perpetual Trustee Company (Limited) (1956) 92 CLR 113; Re Commissioner of Police (1992) 3 IR 132; Sheikh v. Chief Constable of Greater Manchester Police [1989] 2 All ER 684). However, as the matter was not argued before us but, rather, proceeded on the basis that members of the Police Force were employees, the answer to this question will seemingly have to await another day.

For the foregoing reasons I would dismiss the appeal. Nonetheless, it is important to recognise that the learned Commissioner made no judgement on the merits or otherwise of the practice and it may well be that on another occasion, if the merits of the practice were debated, the Commission may well decide not to interfere.

COMMISSIONER GREGOR; I have had the opportunity of reading the Reasons for Decision of the Acting President. I agree with His Honour's decision and have nothing further to add.

COMMISSIONER PARKS: I have read the Reasons for Decision prepared by the Acting President, I agree therewith and have nothing to add.

Appearances: Ms J.H. Smith (of Counsel) and with her Ms J.C. Pritchard (of Counsel) on behalf of the Appellants

Mr R.L. Le Miere QC and with him Mr C.E. Chenu (of Counsel) on behalf of the Respondent


Industrial Relations Act 1979. The Minister for Police and The Commissioner of Police

and Western Australian Police Union of Workers.

No. 831 of 1994. BEFORE THE FULL BENCH

HIS HONOUR THE ACTING PRESIDENT G.L. FIELDING.

COMMISSIONER J.F. GREGOR. COMMISSIONER C.B. PARKS.

24 November 1994. Order.

THIS matter having come on for hearing before the Full Bench on the 24th day of October, 1994, and having heard Ms J.H. Smith (of Counsel) and with her Ms J.C. Pritchard (of Counsel) on behalf of the Appellants and Mr R.L. Le Miere QC and with him Mr C.E. Chenu (of Counsel) on behalf of the Respondent, it is this day, the 24th day of November, 1994, ordered as follows—

That the appeal be and is hereby dismissed. By the Full Bench,

(Sgd.) G.L. FIELDING, [L.S.] Acting President.

FULL BENCH—UNIONS— Application for Registration—


Industrial Relations Act 1979. The Australian Builders' Labourers' Federated Union of

Workers, Western Australian Branch and Others No. 931 of 1994.

BEFORE THE FULL BENCH HIS HONOUR THE ACTING PRESIDENT

G.L. FIELDING CHIEF COMMISSIONER W.S. COLEMAN

SENIOR COMMISSIONER G.G. HALLIWELL. 7 November 1994.

Reasons for Decision (extempore). THE ACTING PRESIDENT: This is the unanimous decision of the Full Bench.

This is an application for the registration of a new organisation arising out of the amalgamation of three Unions. Those Unions are The Australian Builders' Labour- ers' Federated Union of Workers, Western Australian Branch; The Operative Plasterers and Plaster Workers Federation of Australia (Industrial Union of Workers) Western Australian Branch; and The Operative Painters' and Decorators' Union of Australia, West Australian Branch, Union of Workers.

The application has attracted one objection, from a Mr Fims. He objects not so much to the amalgamation, but to the form of the Rules which the amalgamated organisation proposes to adopt. He asserts that the Rules, in their proposed form, leave the rights of members, "particularly in regard to financial accountability of the executive, open to the potential for exploitation". He asserts, too, that the Rules in their current form "discriminate against individual members who may be limited in their literacy". He contends, given the range of education of workers who are currently members of The Australian Builders' Labourers' Federated Union of Workers, Western Australian Branch, that this discrimination "could possibly amount to duress

or unconscionable conduct". He also objects on the grounds that the Rules, in their current form, "infringe upon the natural freedom of individual members to resign at will" and, he says, "they are therefore, a denial of natural justice". He contends, too, that in the past the executive of The Australian Builders' Labourers' Federated Union of Workers, Western Australian Branch has not exercised "the most prudent allocation of members funds to affiliated organisations" and, moreover, says that "given the demands being made upon him for further contributions" in the form of arrears, requests that there should be "stronger safeguards" in the Rules to protect his contributions. He also objects on the grounds that the quorum for a general meeting of the organisation is only 10 and questions whether that complied with the provision for a simple poll of the attendees is sufficient to protect the members "from manipulation by way of 'number stacking'". Finally, he contends that in the absence of a secret ballot as a procedure in general meetings, there will be no protection for members "from intimidation by unscrupulous factions" with "private agendas or motives" other than those which best serve the interests of the members.

The Rules proposed for the new Union substantially mirror those of the amalgamating Unions. Furthermore, they are in a typically standard form.

It appears that the principal concern of Mr Fims is that he has attempted, without success on a number of occasions, to resign from The Australian Builders' Labourers' Feder- ated Union of Workers, Western Australian Branch. Seemingly he has not been allowed to resign because he is or was not a financial member of the Union. It should be said that it is not uncommon to find a provision in the rales of unions registered under the Industrial Relations Act 1979, and indeed in the rules of other organisations, preventing unfmancial members from resigning. Section 55 of the Act requires the rules of a union to provide for striking unfmancial members from the roll after being no more than 12 months in arrears. Whatever is the position under the rules of The Australian Builders' Labourers' Federated Union of Workers, Western Australian Branch, the rules of the new Union contain, as they must, such a provision. In the circumstances we do not consider that rule in itself to be objectionable. Of course, if in breach of the rule a member is refused the right to resign, there is capacity for the member, as we have pointed out to Mr Fims, to make application to the President of the Commission to seek relief under section 66 of the Act. Indeed, section 66 of the Act is an important section because it provides the safeguards which Mr Fims seeks. For example, it provides the right of appeal he seeks in the case of a person being refused membership of the union. Much the same considerations apply regarding the provision which enables the union to fine its members.

The Act has built into it requirements designed to ensure that the democratic rights of members, about which Mr Fims has mentioned in his Notice of Objection, are protected. Furthermore, if those Rules are abused by the Executive or anyone else, the Act provides a means of relief to protect the membership. The proposed Rules meet the statutory requirements. In the circumstances, we take the view that the Rules are not in themselves objectionable. It is the way in which they are managed which is important. If the rules have been applied in an oppressive way, as Mr Fims inferred was the case for The Australian Builders' Labourers' Federated Union of Workers, Western Australian Branch, it does not follow that the rules are themselves objectionable. It is one thing to say that the rules of a union are objectionable, but another thing to say that the rules are applied in an objectionable manner.

As Mr Fims has indicated, the Rules of the new Union fix the quorum for general meetings at 10 persons, which is the formulae currently applicable to The Australian Builders' Labourers' Federated Union of Workers, Western Australian Branch. In the case of the other two Unions, the quorum is set in one case at five and in the other at 11. The evidence before us suggests that it has been difficult for the amalgamating Unions to form a quoram, even with 10 members. Members, to use the words of the witness Young,

have had to be "rounded up". The affidavits before us in support of the application suggest that in all three cases there were very few members at the general meetings at which the resolution to amalgamate was put and considered despite, as counsel for the Applicants has indicated, very wide advertising of the meetings. We are not convinced, on the evidence before us, that we should require the Rules to be amended to increase the size of the quorum. Whilst on the face of it 10 might seem to be a small number, on the evidence there seems some justification for it in that the Union would become difficult to manage and that has financial implications, apart from any other implications. Furthermore, there is no evidence of any wholesale objection to the provision from the potential membership of the new Union. Again, if that number is used to stack a meeting, as Mr Fims has suggested might be the case, there is scope to deal with that under section 66 of the Act rather than requiring what appears to be an unmanageably high number for the quorum.

The evidence before us in the affidavits of Messrs Reynolds and Smith suggests that, although the three Unions which propose to amalgamate to form the new body are members of the Building Trades Association of Unions, and although as a result they have co-operated in the past, there have not infrequently been instances of demarcation disputes. Clearly the amalgamation would avoid that problem. Likewise, it is said in the affidavits, and we accept it to be a fact, that the amalgamation will avoid duplication of services to people at the same workplace. The evidence in the affidavits is that all three Unions have suffered declining membership of recent times. That has been put down to the recession and to restructuring. Whatever the reasons for the declining membership, it is clear that the amalgamation, apart from avoiding demarcation disputes which in itself is a good enough reason to justify the amalgamation, will save costs and add to efficiencies within the Unions themselves; that can only be a laudable objective.

For those reasons we have come to the view that we ought to grant the application subject, however, to the Rules being amended in the way proposed by counsel for the Unions in his opening address; that is, Rule 4(l)(b) and Rule 4(4) are to be amended in terms of the amending minute. The original application purported, albeit apparently unwit- tingly, to extend the scope for membership, whereas the amendment reflected in the minute restricts the membership in the way in which is currently restricted. In addition, we take the view that the reference in Rule 4(4), even in the amending minute, to persons being excluded who are eligible for membership of a number of other unions which have since amalgamated into a new union is somewhat anachronistic. We are therefore inclined to the view that the reference should be to persons who would have been eligible to be a member of one or more of those Unions.

Appearances; Mr A.L. Drake-Brockman (of Counsel) on behalf of the Applicant.

Mr C.R.C. Fims as objector



Workers, Western Australian Branch and Others. No. 931 of 1994.

BEFORE THE FULL BENCH HIS HONOUR THE ACTING PRESIDENT

G.L. FIELDING CHIEF COMMISSIONER W.S. COLEMAN


Order. THIS matter having come on for hearing before the Full Bench on the 7th day of November, 1994, and having heard Mr A.L. Drake-Brockman (of Counsel) on behalf of the

74 W.A.I.G. 2' '33

Applicants and Mr C.R.C. Fims as objector, it is this day, the 8th day of November, 1994, ordered as follows—

(1) That the Registrar be and is hereby authorised to register a new organisation to be known as "The Western Australian Builders' Labourers, Painters and Plasterers Union of Workers", in accordance with section 72(1) of the Industrial Relations Act 1979, as amended, being the product of the amalgamation of The Australian Builders' Labourers' Federated Union of Workers, Western Australian Branch; The Operative Painters' and Decorators' Union of Australia, West Australian Branch, Union of Workers; and The Operative Plasterers and Plaster Workers Federation of Australia (Industrial Union of Workers) Western Australian Branch.

(2) That the rules attached to the application filed herein on the 14th day of September, 1994 are subject to the amendments set out in the Schedule hereto and authorised pursuant to section 58(3) of the Industrial Relations Act, hereby declared to be the rules of the said organisation, "The Australian Builders' Labourers, Painters and Plasterers Union of Workers".

Schedule. (a) In Rule 4(l)(b):

(i) insert the words "or usually employed" immediately after the word "employed";

(ii) delete the words "if he or she is eligible'' and insert in lieu the words "if he or she would have been eligible".

(b) In Rule 4(4): delete "(except as a life member)".

BY THE FULL BENCH (Sgd.) G.L. FIELDING,

[L.S.] Acting President.


Industrial Relations Act 1979. s.72

In the matter of an application for amalgamation by "The Australian Builders' Labourers' Federated Union of Work- ers, Western Australian Branch; The Operative Painters' and Decorators' Union of Australia, West Australian Branch,

Union of Workers; and The Operative Plasterers and Plaster Workers Federation of Australia, (Industrial Union of

Workers) Western Australian Branch". No. 931 of 1994.

TREVOR JOHN POPE, DEPUTY REGISTRAR.

14 November 1994. Decision.

HAVING been authorized by the Full Bench I have this 14th day of November 1994 registered as an amalgamation of the abovementioned organizations "The Western Australian Builders' Labourers, Painters and Plasterers Union of Workers". As a result of the amalgamation the registrations of the applicant organisations has been cancelled.

The registered office of the new organization is 27 Moore Street, East Perth WA 6000.

T.J. POPE, Deputy Registrar.

PRESIDENT— Matters dealt with—


Industrial Relations Act 1979. Peter Aitken

and Elizabeth Ducasse. No. 1080 of 1994.

BEFORE HIS HONOUR THE ACTING PRESIDENT G.L. FIELDING.

17 November 1994. Reasons for Decision, (extempore)

THE ACTING PRESIDENT: This is an application to stay the decision of Magistrate Cockram made on 28 September last whereby in respect of Complaint Nos 314 and 316 of 1993 he, after a trial, recorded convictions against the Appellant of having committed breaches of section 96E(1) of the Industrial Relations Act 1979.

The Appellant has lodged an appeal against that decision. There can be no doubt that the appeal raises serious questions. Moreover, there can be no doubt that in light of those serious questions, the balance of convenience rests with the Appellant. Indeed, to its credit, the Crown does not take issue with the matter. In the circumstances, I indicate that I am prepared to exercise the discretion vested in me to grant the order.

The Appellant has served notice, both in his affidavit in support of this application and now through counsel, that he intends to appeal against the penalty imposed as a result of the conviction. The penalty was not imposed until approximately 3 November 1994. That matter, as counsel for the Respondent has rightly said, is a separate issue, although I would be surprised if they were not interdependent in the final analysis.

Appearances: Mr M.D. Cuomo (of Counsel) on behalf of the Applicant.

Ms J.H. Smith (of Counsel) on behalf of the Respondent.


Industrial Relations Act 1979. Peter Aitken

and Elizabeth Ducasse. No. 1080 of 1994.



THIS matter having come on for hearing before me on the 17th day of November, 1994, and having heard Mr M.D. Cuomo (of Counsel) on behalf of the Applicant and Ms J.H. Smith (of Counsel) on behalf of the Respondent, it is this day, the 17th day of November, 1994, ordered as follows—

That the decision made by the Industrial Magistrate on the 28th day of September, 1994 in Complaint Nos 314 and 316 of 1993 be and is hereby wholly stayed pending the hearing and determination of Appeal Nos 1039 and 1040 of 1994 or until further order.



Industrial Relations Act 1979. The Attorney General

(Applicant) and

Western Australian Prison Officers' Union of Workers (Respondent).

No 1196 of 1994. BEFORE HIS HONOUR THE PRESIDENT

P J SHARKEY. 1 December 1994.

Reasons for Decision. THE PRESIDENT: On 28 October 1994 the Commission at first instance, constituted by a single Commissioner, after hearing and determining an application, made certain orders:—

" (1) That Gordon Eric De Grussa was unfairly dismissed by the Ministry of Justice on the 26th of October 1993.

(2) That the Ministry of Justice offer Gordon Eric De Grussa a contract of employment in the position of Prison Officer held by him at the date of dismissal.

Other orders were made, and one of those orders, order (3), is sought to be stayed in its operation by an application now before me. That order reads as follows:—

" (3) That the contract of employment offered in accordance with (2) hereof shall be deemed to be continuous with the contract terminated on the 26th of October 1993, for the purpose of entitlements, save and except for any entitlements exhausted by payment on termination."

A notice of appeal was filed herein on 18 November 1994 as appeal No 1195 of 1994.

The cases for both parties were presented by way of submissions from the bar table.

The principles which guide the Commission in relation to applications for a stay of operation of a decision in s.49(ll) of the Industrial Relations Act 1979 (as amended) (hereinafter referred to as "the Act") are well known and are set out in Gawooleng Dawang Inc v. Lupton and Others (1992) 72 WAIG 1310 (amongst other cases).

There must be a serious issue to be tried, and the balance of convenience must be established by the applicant herein to favour the applicant.

Further, such applications are to be heard and determined pursuant to s.26 of the Act. The principle that a successful party is not to be lightly deprived of the fruits of his/her order is to be applied.

The respondent's member, Mr De Grussa, was dismissed on 26 October 1993. The order was made on 28 October 1994, and it is common ground that he was not paid a substantial sum in the meantime. Indeed, Counsel for the respondent informed me from the bar table that the amount payable under order (3) of the orders of 28 October 1994 would be about $20,(XX). Currently, Mr De Grussa is re-employed by the applicant.

It was conceded, and correctly conceded, that there was a serious issue to be tried upon appeal as a matter of law.

There was a dispute as to whether the balance of convenience favoured the applicant. The manner in which it was said that the balance of convenience favoured the applicant was this. There would be a great deal of difficulty involved in recovering the moneys ordered to be paid were the appeal successful involving administrative inconvenience and the possibility of action in the District Court. Indeed, the applicant's case was that some moneys may not be recovered at all.

This was said not to constitute any real inconvenience compared to»the disadvantage suffered by Mr De Grussa, namely his being deprived of his wages. Further, it was submitted that a major consideration was that a litigant is entitled to the fruits of his or her judgment or order required that the application be dismissed.

It was said from the bar table without objection, and not controverted from the bar table, that there was $50,000 worth of equity existing in the home of the respondent to this application. There was no suggestion by either side that the moneys could not be repaid, mere reference to the difficulty of recovering them, or the possible difficulty of recovering them.

Possible inconvenience and possible difficulty is not sufficient to establish that the balance of convenience lies with the applicant in this case.

In my opinion, the balance of convenience, and the equity, good conscience, and the substantial merits of this application lie with the respondent who was dismissed more than 12 months ago, who has been ordered to be paid moneys, which would otherwise have been paid to him, as the fruits of his judgment, and who there was no real evidence would not be able to or willing to repay the moneys. Indeed, there was evidence of the existence of sufficient assets to satisfy any judgment. Further, he has for 12 months or more not been paid any wage.

I would emphasise that these findings are made for the disposition of this application and could in no way effect the task of the Full Bench on appeal.

In the circumstances, I would not be disposed to order that moneys be paid into an account to be held on trust, but rather that the moneys be paid to the respondent who has been deprived of wages for more than 12 months.

I would therefore dismiss the application. Appearances: Ms J H Smith (of Counsel) by leave on

behalf of the applicant. Mr S J McComish (of Counsel) by leave on behalf of the

respondent.


Industrial Relations Act 1979. The Attorney General

(Applicant) and

Western Australian Prison Officers' Union of Workers (Respondent).

No 1196 of 1994. BEFORE HIS HONOUR THE PRESIDENT

P J SHARKEY. 30 November 1994.

Order. This matter having come on for hearing before me on the 30th day of November 1994, and having heard Ms J H Smith (of Counsel) by leave on behalf of the applicant and Mr S J McComish (of Counsel) by leave on behalf of the respondent, and having determined that my reasons for decision will issue at a future date, it is this day, the 30th day of November 1994, ordered that application No 1196 of 1994 be and is hereby dismissed.

(Sgd.) P.J. SHARKEY, [L.S.] President.


Industrial Relations Act 1979.

The Honourable Premier of Western Australia and Others

The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western

Australian Branch. No. 1177 of 1994.

The Honourable Premier of Western Australia and Others



The Library Board of Western Australia and Others




21 November 1994. Reasons for Decision, (extempore)

THE ACTING PRESIDENT: The Commission variously constituted made orders on 24 October last amending the Gardeners (Government) 1986 Award and the Cultural Centre Award 1987; and on 28 October last amending the Cleaners and Caretakers (Government) Award by increasing the rates of pay provided in those Awards by $8.00 per week. Those amendments were purportedly made pursuant to the Arbitrated Safety Net Adjustment Principle. In each case the Commission made the amendments after determining that each of the Awards was a minimum rates award, at least for the purposes of the Principles.

The current Applicants have lodged appeals against each of the orders. In each case the Grounds of Appeal are essentially the same. They are, that the Commission was wrong to conclude that the Awards were minimum rates, rather than paid rates awards and thus the Commission was wrong to conclude that there was authority under the State Wage Fixing Principles to increase the rates of pay in each of the Awards on the basis on which it did.

To succeed in an application of this nature, it is necessary for the Applicants to establish that there is a serious issue to be determined on appeal. As to that, I accept, as the agent for the Respondents has submitted, that the power to grant a stay should be exercised sparingly, although I do not accept that there needs to be exceptional circumstances as the Respondents assert.

As was pointed out in the Gawooleng Dawang Inc v. Lupton and Others (1992) 72 WAIG 1310, special circumstances are not required (see too: Minister for Works v. The Australian Builders' Labourers' Federated Union of Work- ers, Western Australian Branch and Others (1994) 74 WAIG 1735).The case of Australian Nursing Federation, ex parte Victoria (No. 2) (1993) 67 ALJR 571 to which the Respondents refer, deals with a stay of proceedings and not simply with the stay of an order. Moreover, like Ex parte Burswood Resort (Management) Ltd and Another [1994j AELR 220, the case involves the action of a Court exercising supervisory jurisdiction over another and not the application of stay in the ordinary appeal process such as this.

In my view, there is a serious question to be tried, although I hasten to say that I in no way wish to imply that the appeals must necessarily succeed. Whether in the final

analysis the Applicants' arguments succeed is a different matter, but in my view it is at least strongly arguable, having regard to the history of the Awards, including the fact that the Respondents have previously argued before the Com- mission that these Awards were paid rates awards, that the Awards ought to be classified as paid rates awards for the current purposes. It may be that the argument is one which advances a "technical and archaic reflection on historic events", but that does not mean that there is not a serious question to be tried.

Although the Respondents now contend that whether or not the Awards are paid rates awards should not alter the position under the Arbitrated Safety Net Adjustment Principle, the fact is that the claims were dealt with on the basis that there was a difference and that the Awards were minimum rates awards. In the circumstances I do not think that can undermine the assessment that there is a serious question to be tried.

There remains to consider whether or not the balance of convenience rests with the Applicants. The Respondents have called evidence to support its written and verbal submissions that the employees covered by these Awards would, as a matter of "principle and honesty", repay any overpayment were the appeals to succeed. Moreover, one of the affected employees has testified that he would have no trouble in making the necessary arrangements to repay the money, if indeed'the appeals were to succeed. I have no doubt whatever that the employees would regard it as a matter of "principle and honesty", as the Respondents have said, to repay the money if there was any overpayment. Nonetheless it is a question of the capacity to pay and no matter how well intentioned the employees are, if they do not have the capacity to pay then there is no capacity to carry out the well intentioned plans.

In the normal course of events these appeals are unlikely to be disposed of until, at the earliest, the end of this year. The consequence is that the employees are likely to have to repay a sum which some might not regard as substantial, but which is nonetheless a not insubstantial proportion of their normal weekly income. My 13 years' experience in industrial relations leads me to conclude that lower paid employees do find it embarrassing to have to repay overpayments of wages. On the other hand, it is not easy for employers to recover overpayments. The Full Bench has held that disputes over the repayment of overpaid wages is not an industrial matter and therefore cannot be recovered through the normal industrial relations processes. It would be necessary if the moneys were not repaid for civil litigation to be commenced and I do not consider that to be a very satisfactory situation. It seems to me to be more satisfactory for the employees to receive a retrospective payment, which would occur if the appeals fail, although I do not overlook the fact that wage adjustments paid immediately are more beneficial than paid in retrospect.

All these considerations lead me to conclude that the balance of convenience is with the Applicants.

In the circumstances, not without some degree of reluctance, I have come to the conclusion that a stay ought to be granted in each case until the appeals are heard. If the appeals can be heard and determined on 5 December 1994, as the Applicants propose, then so much the better. It seems to me there is a lot to be said in favour of that happening, but it requires the Applicants to have completed all the necessary paperwork and, moreover, the Respondents to consent to it and the Respondents are not yet in a position to do that.

Appearances: Ms J.C. Pritchard (of Counsel) on behalf of the Applicants Ms S.M. Ellery on behalf of the Respondents.


Industrial Relations Act 1979. The Honourable Premier of Western Australia and Others

and The Australian Liquor, Hospitality and Miscellaneous

Workers Union, Miscellaneous Workers Division, Western Australian Branch. No. 1179 of 1994.



THIS matter having come on for hearing before me on the 21st day of November, 1994, and having heard Ms J.C. Pritchard (of Counsel) on behalf of the Applicants and Ms S.M. Ellery on behalf of the Respondents, it is this day, the 21st day of November, 1994, ordered as follows—

That the order made by the Commission on the 28th day of October, 1994 in matter No. 1562 of 1993 be and is hereby wholly stayed pending the hearing and determination of Appeal No. 1178 of 1994.



Industrial Relations Act 1979. The Honourable Premier of Western Australia and Others





THIS matter having come on for hearing before me on the 21st day of November, 1994, and having heard Ms J.C. Pritchard (of Counsel) on behalf of the Applicants and Ms S.M. Ellery on behalf of the Respondents, it is this day, the 21st day of November, 1994, ordered as follows—




Industrial Relations Act 1979. The Library Board of Western Australia and Others





THIS matter having come on for hearing before me on the 21st day of November, 1994, and having heard Ms J.C.

Pritchard (of Counsel) on behalf of the Applicants and Ms S.M. Ellery on behalf of the Respondents, it is this day, the 21st day of November, 1994, ordered as follows—


(Sgd.) G.L. FIELDING, [L.S.J Acting President.


Industrial Relations Act 1979. Minister for Education

and State School Teachers Union of WA (Inc).

No. 1070 of 1994. BEFORE HIS HONOUR THE ACTING PRESIDENT

G.L. FIELDING. 11 November 1994.

Reasons for Decision. THE ACTING PRESIDENT: This is an application to stay an order of the Government School Teachers Tribunal made on 1 November last ordering the Appellant to reinstate a Ms Byrne to the position of Personnel Consultant Acting in the Education Department's Primary Personnel Branch.

When the matter was heard by the Tribunal, the question of whether it was an industrial matter was raised by the Appellant and the Tribunal ruled against the Appellant. The Appellant now appeals on the grounds that the Tribunal erred in holding that it had jurisdiction to make the order.

Essentially, the question raised by the appeal is whether the matter was one concerning the interpretation or application of any Act or Regulation governing the service of a teacher or one concerning any inequity arising out of the application of any such Act or Regulation. The Appellant contends that the matter arose out of the application of departmental policy, not out of the interpretation or application of any Act or Regulation.

The principles governing applications for a stay order are well settled. Nothing further need be said of them on this occasion other than that they impose an onus upon the Appellant to establish that there is a serious issue to be tried and that the balance of convenience is in favour of granting the stay, bearing in mind that the Respondent is, prima facie, entitled to the fruits of its successful litigation.

In my assessment, the appeal does raise a serious question to be tried. In my opinion, there is a very real question as to whether or not the matter properly concerned the interpretation or the application of any Act or Regulation. Quite apart from the issue as to whether or not the matter involved a question of interpreting the policy rather than the Act or Regulation, it may well be questionable whether the inequity complained of by the Respondent which gave rise to the matter arose out of the application of any Act or Regulation rather than the application of administrative policy.

The question of balance of convenience is, however, more difficult. The position is, as Mr Bird for the Respondent correctly submitted, that the matter must be considered from the starting point that his client is entitled to the benefit of the order in its favour. The evidence indicates that the key responsibility of the post to which Ms Byrne has been ordered to be reinstated is to determine teacher placements for the 1995 academic year and that is a task which as a general proposition is required to be completed by the end of November. The Appellant contends that if Ms Byrne was to be reinstated into the position, she would require training and induction. At this late stage, it would be highly inconvenient, if not impractical, for that to be done if the


task currently being undertaken is to be completed on time. Mrs Doman, the person responsible for supervising this task, testified that the Department in this area is currently in a "bunker situation". There is a race on to have the task completed by the end of November and that to have another person do the job at this time, she said, would be like changing jockeys in the middle of a race. She says that the current incumbent, who would have to leave the job to make way for Ms Byrne, has been involved in interviewing people in the various schools and the time has now come to put the results of those interviewed into practice.

On the other hand, Mr Bird submitted that the post to which Ms Byrne has been ordered to be reinstated is one for a limited tenure only and that does not seem to be beyond dispute. That tenure expires on 31 December next and in all probability if the order was stayed, it is unlikely that she would be able to take up the post and therefore she would be denied the career benefits associated with occupying the post. Mr Bird submitted that if financial considerations were seen by the Appellant to be a problem, then the order could be partially stayed so that the money question could await the outcome of the appeal.

Having heard from Mrs Doman I am now satisfied that the balance of convenience does rest with the Appellant. The uncontradicted evidence is that the prime task for the occupant of the post in question is at a delicate stage. Moreover, the evidence is that the task is essentially to be finished in three weeks' time. Furthermore, the evidence is that despite the working knowledge that Ms Byrne apparently has of the primary schools and some of their needs, she would still require training and some induction. For that to be done in the space of three weeks is, to say the least, highly impracticable and unsatisfactory in the circumstances. Furthermore, the evidence is that there are only three positions and if Ms Byrne was to take up this position, as is currently her right, then the current occupant, who has already interviewed a number of people concerned with placements for next year, would, on the face of it, have to be transferred out of the job to somewhere else. There is no prospect of the current occupant remaining in the area to utilise the benefit of the interviews she has undertaken. I am not concerned about the consequences of finding her an alternative post. That is a natural incident of reinstatement, but I am concerned about the practicalities of having Ms Byrne take over the job at this time.

In the circumstances, I have come to the conclusion, somewhat reluctantly, that the order ought to be wholly stayed pending the hearing and determination of the appeal or until further order.

Appearances: Ms J.K. Prickett (of Counsel) on behalf of the Applicant.

Mr S.D.A. Bird (of Counsel) and then Mr G. Droppert (of Counsel) on behalf of the Respondent.

Counsel) on behalf of the Respondent, it is this day, the 11th day of November, 1994, ordered as follows—

That the order made by the Commission on the 1st day of November, 1994 in Application No. TCR 14 of 1994 be and is hereby wholly stayed pending the hearing and determination of Appeal No. 1069 of 1994 or until further order.


AWARDS/AGREEMENTS— Application for—

AUSTRALASIAN FOUNDRIES PTY LTD ENTERPRISE BARGAINING AGREEMENT

No. AG 125 of 1994. WESTERN AUSTRALIAN

INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979.

Australian Electrical, Electronics, Foundry and Engineering Union (Western Australian Branch)

and Australasian Foundries Pty Ltd.

No. AG 125 of 1994. CHIEF COMMISSIONER W.S. COLEMAN.

18 November 1994.

Registration of An Enterprise Bargaining Industrial Agreement Pursuant to Section 41 of the Act

No. AG 125 of 1994.

HAVING heard Mr J. Fiala on behalf of the Australian Electrical, Electronics, Foundry and Engineering Union (Western Australian Branch) and Mr K. Williamson on behalf of Australasian Foundries Pty Ltd.

And by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Enterprise Bargaining Agreement known as the "Australasian Foundries Pty Ltd Enterprise Bar- gaining Agreement No. 1 of 1994" be registered with effect from the 18 day of November 1994.

(Sgd.) W.S. COLEMAN, [L.S.] Chief Commissioner.


Industrial Relations Act 1979. Minister for Education

and State School Teachers Union of WA (Inc).

No. 1070 of 1994. BEFORE HIS HONOUR THE ACTING

PRESIDENT G.L. FIELDING. 11 November 1994.

Order. THIS matter having come on for hearing before me on the 10th and 11th days of November, 1994, and having heard Ms J.K. Prickett (of Counsel) on behalf of the Applicant and Mr S.D.A. Bird (of Counsel) then Mr G. Droppert (of

Schedule.

This agreement shall be known as the Australasian Foundries Pty Ltd Enterprise Bargaining Agreement No. Ag 125 of 1994.

2.—Arrangement. 1. Tide 2. Arrangement 3. Incidence

3A. Named Parties 4. Date, Period and Review of Operation 5. Relationship to Parent Award 6. Single Bargaining Unit 7. Strategies to achieve future productivity gains. 8. Performance Indicators 9. Wage Increases

10. No extra Claims 11. Avoidance of Dispute 12. State Standards 13. Union Contributions 14. Signatory Page

3.—Incidence. This Agreement shall apply to and be binding upon

Australasian Foundries Pty Ltd ("the Company") manufacturing plant located at 6 Paddington Street, Bayswater, The Australian Electrical Electronics Foundry and Engineering Union (Western Australian Branch) (the "Union") and employees of the Company who are members or are eligible to be members of the Union.

3A.—Named Parties. (1) Australasian Foundries Pty Ltd. (2) Australian Electrical Electronics Foundry and Engi-

neering Union (Western Australian Branch).

4.—Date Period and Review of Operation. This agreement shall operate from the beginning of the

first pay period to commence on or after the date of ratification in the Western Australian Industrial Relations Commission and shall remain in force for a period of 12 (Twelve) months.

Parties shall review this Agreement 2(Two) months prior to its expiry date and assess its achievements to date to either extend, renew or cancel this agreement.

5.—Relationship to Parent Award. This agreement is to be read and applied in conjunction

with the Metal Trades (General) Award 1965 No. 13 of 1966.

Where there is any inconsistency with the award, this agreement shall apply to the extent of that inconsistency.

6.—Single Bargaining Unit. The parties, names within this agreement, have and will

continue to act within a single bargaining unit for the purposes of negotiating and implementing the terms of this agreement in accordance with the January 1992 State Wage Case.

The Single Bargaining Unit consists of the A.E.E.F.E.U. Shop Steward plus four elected shop floor representatives.

There is also two management representatives as nominated by the company.

7.—Strategies to Achieve Future Productivity Gains. (1) Quality Control All parties are committed to achieving quality assurance

and quality control during the life of this agreement. (2) Safety All parties will comply with the provisions of the

Occupational Health and Safety Act. Employees will wear the necessary safety equipment in

designated areas and take reasonable care to ensure his/her own health and safety at work; and avoid adversely affecting the health or safety of any other person through any act or omission at work.

(3) Hours of Work Ordinary hours of work to be 38 hours per week between

the hours of 6am to 6pm, Monday to Friday inclusive. The ordinary hours Monday to Thursday being 8 hours

per day and six hours on Fridays. Overtime rates shall not apply until the employee

completes his/her ordinary hours on any day Monday to Friday inclusive. Each day stands alone.

(4) Flexible Meal Breaks The usual morning tea break (15 minutes) will be taken

by employees at 10.00am each morning. The usual lunch break (30 minutes) will be taken by

employees at 11.55am each day as scheduled each day. To ensure the continuity of foundry operations eg:

Casting, employees may be required to postpone either the morning tea break or lunch break to allow the task to be completed.

This postponement of a meal break will be without penalty to the company.

(5) Sick Leave During the life of this agreement, sick leave will be

monitored on a weekly basis with a view of reducing absenteeism to targeted levels.

(6) Job Planning To improve continual operations and productivity, em-

ployees will liaise with the production controller prior to the end of current job runs in order to have the next run ready for an immediate start.

(7) Pattern Store Improvements in pattern storage will be introduced

during this agreement. The pattern store will have numbered racks for easy location and identification. All patterns will be put on a card system and their location recorded. This action will compliment the Quality Control System.

(8) Technological Change The single bargaining unit will be used to monitor new

methods that may improve productivity and production on a continued consultative basis.

The single bargaining unit will continue to collect ideas and suggestions from the shop floor and present them to management for their consideration and possible implementation.

(9) Training Training will be provided by the company where

appropriate in conjunction with the single bargaining unit. Where appropriate employees will assist with the delivery

of on-the-job training in line with their own skill and competences.

(10) Flexibility on knock out/casts Rotation of people on the knock out and cast floor will

continue subject to employees being fully trained and competent to carry out such duties.

8.—Performance Indicators. The following performance indicators have been agreed

on to measure productivity improvements during the life of this agreement.

Particular emphasis will be placed on the areas of amount of reject work and absenteeism. Measurements

(1) Assessment of customer satisfaction/complaints. (2) Changes in production costs/hours against quoted

price/hours. (3) Amount of reject work (4) Absenteeism-reduction in the number of sick days and

lost time injuries. (5) Safety performance-reduction in non lost time/lost

time injuries. (6) Amount of overtime worked. (7) On time delivery/behind time delivety.

9.—Wage Increases. (1) A 3% wage increase to each employees ordinary

hourly rate of pay as of the date of ratification for all classifications covered by this agreement.

(2) A further 3% wage increase 3 months after the date of ratification subject to a favourable trend towards meeting the productivity measurements as defined in Clause 8 Performance Indicators of this agreement.

In the case of an unfavourable analysis, the second increase will not be payable until such time as favourable trend is forthcoming.

(3) "Ordinary hourly rate" for the purposes of this agreement shall be the base award rate including supplementary payments plus "all purpose" allowances and overaward payments.

10.—No Extra Claims. There will be no extra claims during the life of this

agreement other than consistent with a State Wage Case decision.

The parties to this agreement shall oppose any application by any other party to be joined to this agreement.

11.—Avoidance of Disputes. The parties to this agreement shall observe the procedures

as laid out in Clause 34 of the Metal Trades (General) Award No. 13 of 1965—Avoidance of Industrial Dispute.

12.—State Standards. This agreement shall not operate so as to cause any

employee to suffer a reduction in ordinary time earnings or in standards set by the Western Australian Industrial Relations Commission for hours of work, annual leave with pay or long service leave with pay.

13.—Union Contributions. The company agrees during the life of this agreement to

deduct from employees wages (where authorised), union dues from members of the union employed under this agreement and pay them to the union subject to a handling premium agreed between the union and the company.

14.—Signatory Page. The foregoing agreement is agreed between the parties

whose signatures appear below: Signed for and on behalf of Australasian Foundries Pty

Ltd (ACN 060 002 968): Signed: K. WILLIAMSON

Signed by Single Bargaining Unit: Signed: R SNEDDON

The Common Seal of Australian Electrical, Electronics, Foundry and Engineering Union (Western Australian Branch) was hereunto affixed in the presence of:

Signed: INDUSTRIAL ADVOCATE

Signed: ORGANISER

Schedule. 1.—Title.

This agreement shall be referred to as the AWU Jobskills Trainee Perth Itec Pty Ltd and Centre Care Skillshare Agreement 1994.

AWU JOBSKILLS PERTH ITEC PTY LTD AND CENTRE CARE SKILLSHARE AGREEMENT 1994.


Industrial Relations Act 1979. The Australian Workers' Union, West Australian Branch,

Industrial Union of Workers and

Perth Itec Pty Ltd. No. AG 54 of 1994.

COMMISSIONER C.B. PARKS. 1 December 1994.

Registration of an Industrial Agreement No. AG 54 of 1994.

HAVING heard Mr S. Booth on behalf of the Applicant, and Mrs J. Stacey appeared on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the document titled the AWU Jobskills Perth Itec Pty Ltd and Centre Care Skillshare Agreement 1994 as altered by hand, and signed by me for identification, be and is hereby registered as an Industrial Agreement.

(Sgd.) C.B. PARKS, [L.S.] Commissioner.

-Arrangement. Subject Matter Application Arrangement Definition Jobskills Trainee No Precedent Parties Bound Reservation Title

Clause 4 2 3 6 7 5 8 1

3.—Definition. A Jobskills Trainee is an employee who is employed

under the following conditions.

4.—Application. This Agreement applies to employees of employers listed

in Appendix A under the Jobskills programme and, insofar as the terms of this Agreement vary from the terms of the Horticultural (Nursery) Award, Landscape Gardening Award, and the Farm Workers Award, otherwise applying to the respondent, (the primary Award) the terms of this Agreement shall prevail. In all other respects the terms of the primary Award shall continue to operate.

5.—Parties Bound. This Agreement shall be binding on the respondents

named in Appendix A hereto in respect of Jobskills Trainees and on the AWU, WA Branch, Industrial Union of Workers'.

6.—Jobskills Trainee. Training Conditions (a) (i) A Jobskills trainee shall attend approved on and

off-the-job training prescribed in the relevant training Agreement, or as notified to the Jobskills trainee by the employer or Agent.

(ii) Jobskills trainees will receive over a period of up to 26 weeks a mix of supervised work experience, structured training on-the-job and off-the-job and the opportunity to develop and practice new skills in a work environment.

(iii) Jobskills trainees may only be engaged by employers to undertake activities under the Jobskills programme guidelines. The employer shall ensure that the Jobskills trainee is permitted to attend the prescribed off-the-job training and is provided with appropriate on-the-job training.

(iv) The employer shall provide an appropriate level of supervision in accordance v/ith the approved training plan.

Employment Conditions (b) (i) Jobskills trainees shall be engaged in addition to

existing staff levels. Positions normally held by permanent employees shall not be filled by Jobskills trainees.

(ii) Jobskills trainees shall be engaged for a period of up to 26 weeks as full time employees.

(iii) Jobskills trainees are permitted to be absent from work without loss of continuity of employment to attend off-the-job training in accordance with the training plan. However, except for absences provided under the primary Award failure to attend for work or training without an acceptable cause will result in loss of pay for the period of absence.

(iv) Overtime and shiftwork shall not be worked by Jobskills trainees except to enable the requirements of the training plan to be affected. When overtime and shiftwork are worked the relevant penalties and allowances of the primary Award,

Ml

based on the trainee wage, will apply. No Jobskills trainee shall work overtime on their own.

(v) The Union shall be afforded reasonable access to Jobskills trainees for the purposes of explaining the role and functions of the Union and enrolment of the trainee as a member.

Training Allowance

(c) The Weekly Training Allowance payable to Jobskills trainees shall be $300.00. It is the rate for all purposes of the Agreement and takes account of the range and extent of training provided.

7.—Precedent.

This agreement represents a compromise on the part of all parties and will not be used as a precedent in proceedings before industrial tribunals.

8.—Reservation.

(a) The parties to this Agreement reserve the right to seek its variation or revocation if circumstances develop in the operation of the Jobskills programme which adversely affect their interests of their members to the extent that variation or revocation is warranted. The operation of this Agreement is subject to review three months prior to expiration of this agreement.

(b) This Agreement shall come into force from the beginning of the first pay period to commence on or after 25 August 1994 and shall continue in force for a period of two years, or until the Jobskills programme may be wound up.

Appendix A.

This Agreement is Signed By:

On Behalf of Perth ITEC Pty Ltd and Centrecare Skills Training Centre

(signed by M. Firth) (Secretary) (signed by Jeanette Stacey) (Director) (place seal here where necessary)

(Common Seal Affixed)

(signed by P. Robertson) Pauline Robertson

Manager Centrecare Skills Training Centre

Signed on Behalf of the Australian Workers' Union, Industrial Union of Workers, Western Australian Branch By:

Ralph Blewitt Branch Secretary

(signed by R. Blewitt) (Signature)

Stephen Booth (Common Seal Affixed)

(Witness please print)

(signed by Stephen Booth) (Witness signature) Dated this 19th day of November 1994

AWU JOBSKILLS TRAINEE GROUP TRAINING SdUTH WEST (INC.) AGREEMENT



The Australian Workers' Union, West Australian Branch, Industrial Union of Workers

and Group Training South West (Inc).

No. AG 56 of 1994. COMMISSIONER C.B. PARKS.

2 December 1994.

Order.

Registration of an Industrial Agreement No. AG 56 of 1994.

HAVING heard Mr S. Booth on behalf of the first named party, and Mr G. Navarro on behalf of the second named party, and by consent, the Commission, pursuant to the powers conferred upon it under section 41 of the Industrial Relations Act 1979 hereby orders—

That the document titled the AWU Jobskills Trainee Group Training South West (Inc) Agreement 1994 as altered by hand, and signed by me for identification, be and is hereby registered as an Industrial Agreement



This agreement shall be referred to as the AWU Jobskills Trainee Group Training South West (inc) Agreement 1994.

2.—Arrangement. Clause

4 2 3 6 7 5 8 1

Subject Matter Application Arrangement Definition Jobskills Trainee No Precedent Parties Bound Reservation Tide

3.—Definition. A Jobskills Trainee is an employee who is employed

under the following conditions.

4.—Application. This Agreement applies to Group Training South West

(inc) employees under the Jobskills programme and, insofar as the terms of this Agreement vary from the terms of the Horticultural (Nursery) Award, Landscape Gardening Award, and the Farm Workers Award, otherwise applying to the respondent, (the primary Award) the terms of this Agreement shall prevail. In all other respects the terms of the primary Award shall continue to operate.

5.—Parties Bound. This Agreement shall be binding on the respondents

named in Appendix A hereto in respect of Jobskills Trainees and on the AWU, WA Branch, Industrial Union of Workers'.

6.—Jobskills Trainee. Training Conditions (a) (i) A Jobskills trainee shall attend approved on and

off-the-job training prescribed in the relevant training Agreement, or as notified to the Jobskills trainee by the employer or Agent.

(ii) Jobskills trainees will receive over a period of up to 26 weeks a mix of supervised work experience,

structured training on-the-job and of-the-job and the opportunity to develop and practice new skills in a work environment.

(iii) Jobskills trainees may only be engaged by employers to undertake activities under the Jobskills programme guidelines. The employer shall ensure that the Jobskills trainee is permitted to attend the prescribed off-the-job training and is provided with appropriate on-the-job training.

(iv) The employer shall provide an appropriate level of supervision in accordance with the approved training plan.

Employment Conditions (b) (i) Jobskills trainees shall be engaged in addition to

existing staff levels. Positions normally held by permanent employees shall not be filled by Jobskills trainees.

(ii) Jobskills trainees shall be engaged for a period of up to 26 weeks as full time employees.

(iii) Jobskills trainees are permitted to be absent from work without loss of continuity of employment to attend off-the-job training in accordance with the training plan. However, except for absences provided under the primary Award failure to attend for work or training without an acceptable cause will result in loss of pay for the period of absence.

(iv) Overtime and shiftwork shall not be worked by Jobskills trainees except to enable the requirements of the training plan to be affected. When overtime and shiftwork are worked the relevant penalties and allowances of the primary Award, based on the trainee wage, will apply. No Jobskills trainee shall work overtime on their own.

(v) The Union shall be afforded reasonable access to Jobskills trainees for the purpose of explaining the role and functions of the Union and enrolment of the trainee as a member.

Training Allowance (c) The Weekly Training Allowance payable to Jobskills

trainees shall be $300.00. It is the rate for all purposes of the Agreement and takes account of the range and extent of training provided.

7.—^Precedent. This agreement represents a compromise on the part of

all parties and will not be used as a precedent in proceedings before industrial tribunals.

8.—Reservation. (a) The parties to this Agreement reserve the right to seek

its variation or revocation if circumstances develop in the operation of the Jobskills programme which adversely affect their interests of their members to the extent that variation or revocation is warranted. The operation of this Agreement is subject to review three months prior to renewal of this agreement.

(b) This Agreement shall come into force from the beginning of the first pay period to commence on or after 18/11/94 and shall continue in force for a period of two years, or until the Jobskills programme may be wound up.

Appendix A. This Agreement is Signed By: Signed on Behalf of Group Training South West (Inc) (signed J.W. Wilson) (Director)

J.W. Wilson (Common Seal Affixed)

(Name please print) (Place seal here)

(signed by J.A. Atkinson) (Director or Witness)

J.A. Atkinson (Name please print)

Signed on Behalf of the Australian Workers' Union, Industrial Union of Workers, Western Australian Branch By: Ralph Blewitt Secretary (signed by R. Blewitt) (Common Seal Affixed)

(Signature)

Stephen Booth (Witness please print)

(signed by Stephen Booth) (Witness signature) Dated this 15th day of November 1994.

BAMS HARDING INDUSTRIES ASBESTOS ERADICATION INDUSTRIAL AGREEMENT



The Australian Builders' Labourers' Federated Union of Workers, Western Australian Branch

and Bains Harding Industries Pty Ltd.

No. AG 137 of 1994. Bains Harding Industries Asbestos Eradication Industrial

Agreement SENIOR COMMISSIONER G.G. HALLIWELL.

11 November 1994.

Order. Registration of an Enterprise Bargaining Industrial

Agreement No. AG 137 OF 1994.

HAVING heard Mr G. Giffard on behalf of the Applicant and there being no appearance on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the following schedule titled the Bains Harding Industries Asbestos Eradication Industrial Agreement, signed for me for identification, be registered as an Enterprise Bargaining Industrial Agreement and shall take effect on the first pay period on or after the 11th November, 1994.

(Sgd.) G.G. HALLIWELL, [L.S.] Senior Commissioner.

Schedule.

1.—Title. This Agreement will be known as the 'Bains Harding

Industries Asbestos Eradication Industrial Agreement'.

2.—Arrangement. 1. Title 2. Arrangement 3. Area and Parties Bound 4. Application 5. Aims and Objectives of this Agreement 6. Term and Renewal of Agreement 7. Allowances 8. Hours of Work 9. Dispute Settlement Procedure

10. Safety Dispute Resolution 11. Skills Enhancement and Training


12. First on Last Off 13. Overtime 14. Company Based Incentive Scheme 15. Industry Standards 16. Signatories to the Agreement

3.—Area and Parties Bound. This is an Agreement between the Australian Builders'

Labourers' Federated Union of Workers, Western Austra- lian Branch (hereinafter referred to as the "Union") and Bains Harding Industries Pty Ltd (hereinafter referred to as the "Company") in the State of Western Australia.

4.—Application. (1) This Agreement shall be binding on the Company, the

Union, its officers and employees eligible to be a members of the Union employed by the Company, on asbestos eradication work covered by the terms of the Building Trades (Construction) Award 1987, No. R 14 of 1978 (the relevant Award).

(2) "Asbestos eradication work" shall include all work on or about buildings, involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos.

(3) The provisions of this Agreement are in addition to entitlements specified in the relevant Award and where there is an inconsistency the Agreement shall prevail.

5.—Aims and Objectives of the Agreement. The Objectives of this Agreement are to:

(1) Increase the efficiency of the Company by the effective use of the skills and commitment of the employees of the Company.

(2) Improve the living standards, job satisfaction and continuity of employment of the Company's employees.

(3) Develop best practice standards that are based upon a culture of opportunity, continuous learning and improvement through training.

(4) Ensure that increases in efficiency on the job are implemented in such a way as to ensure that health and safety standards in the industry are maintained.

(5) Provide a mechanism by which disputes can be resolved quickly and in a manner which shall avoid lost time.

6.—Term and Renewal of Agreement. (1) This Agreement shall come into operation from the

date of signing and shall remain in force for a period of two years.

(2) Any party may terminate the Agreement provided three months' notice has first been given in writing.

(3) The parties agree to commence discussions on the terms and conditions of any future Agreement three calendar months prior to the expiration of this Agreement.

7.—Allowances. (1) Unless otherwise agreed in writing between the

Company and the Union, employees will be paid the Labourer Group 1 rate of pay as contained in the relevant award. In addition, the following allowance will be paid:

(a) A rate of $5.00 per hour will be paid to all employees;

(b) This allowance is "all purpose" and shall be included as part of the ordinary rate.

(2) The above rates are in lieu of Clause 9.—Special Rates and Provisions of the Award or allowances contained in particular site agreements.

8.—Hours of Work. (1) For employees required to wear full respiratory

equipment, six hours only will be worked in an eight hour period, and no more than three hours may pass without a paid rest period of one hour.

(2) Unless otherwise agreed in writing between the Company and the Union, a further productivity incentive of

one paid day off every four week period will be given to each employee.

9.—Dispute Settlement Procedure. The dispute settlement procedure that shall apply to this

Agreement shall be the same as that outlined in Clause 46.—Settlement of Disputes of the Award.

10.—Safety Dispute Resolution. (1) It is agreed the Company and their employees have

a responsibility to ensure that workplaces are safe and that employees are not exposed to hazards.

(2) In the event of any disagreements on the necessity to carry out any safety measure or modify, reinforce or reinstate any safety device whatsoever, the procedures set out in this clause will be adopted.

(3) No person shall dismiss a safety complaint. Any complaint should be referred to the Company's supervisor to be dealt with in accordance with the following procedures:

(a) Where any employee becomes aware of an unsafe situation, that employee will immediately notify the Company's supervisor. The Company's supervisor will take immediate action to have the unsafe situation rectified.

(b) Should the Company's supervisor consider that no safety precautions are necessary, he/she will notify the employee and the employee's safety representative accordingly as soon as possible.

(c) Should the employee's safety representative disagree with the supervisor then the Company's safety officer shall be consulted, and give a ruling.

(d) While there is disagreement on the ruling of the Company's safety officer, the Company's safety officer will arrange for the immediate transfer of all employees from the disputed area.

(e) Should the Company's safety officer be of the opinion that no action is necessary and the employees' safety representative disagrees, an appropriate inspector from the Department of Occupational Health, Safety and Welfare (DOHSWA) will be requested to undertake an inspection of the disputed area for the purpose of resolving any such matter.

(f) If disagreement still exists the chief inspector, construction branch of DOHSWA or his/her nominee will be called in to assist in the resolution of the dispute.

(4) Whilst the above procedure is being followed there will be no stoppage of work in respect of the matter being considered, except in the area alleged to be unsafe.

(5) Protective equipment that is approved by the parties will be supplied by the Company.

(6) $5 Million Public Liability asbestos related insurance shall be held by the Company..

(7) It is accepted that safety considerations override normal work practices and depending on the degree of potential risk to persons on the job, or the general public, can override normal demarcation practices.

11.—Skills Enhancement and Training. (1) The parties recognise the need to adopt a "total trade"

concept for training and skills acquisition to meet the current and future requirements of the industry. To this end the parties reaffirm their commitment to training and agree that training and retraining of both the workforce and supervision will occur on an ongoing basis.

(2) It is agreed that safety training will be an important component in the structured training programme.

(3) All asbestos eradication work will be carried out using labour suitably trained and qualified to a standard approved by the Company and the Union.

12.—First On Last Off. (1) The parties agree the continuity of employment is

desirable wherever possible, and that where it is not possible, employees will be retrenched in order of seniority.

(2) When applying the "first on last off" principle it is agreed subject to the caveat of "all things being equal", it is intended to apply on a State basis rather than a site by site basis.

(3) It is recognised from time to time instances may arise where the employee's individual skills may be subject to this caveat. Where there is any disagreement as to the application of this the matter will be processed in accordance with Clause 9.—Dispute Settlement Procedure of this Agree- ment.

13.—Overtime.

(1) The allocation of overtime will be at the employer's prerogative provided that the employer will not discriminate against any employee.

(2) The practice of "one in all in" will not occur.

(3) An overtime roster may be introduced after agreement is reached between the employees, the Company and the Union.

14.—Company Based Incentive Scheme.

(1) The Company may negotiate incentive schemes which will not affect the terms of this Agreement. These schemes must ensure that the Award provides the base safety net and that all employees on-site have the opportunity to share in the proposed scheme.

(2) Once negotiated incentive schemes will be submitted to the Union prior to its implementation for confirmation that the relevant Award requirements have been satisfied.

15.—Industry Standards.

The Company will continue to meet its current level of payments into the following non-wage benefit schemes:

(1) The Construction & Building Unions Superannua- tion Scheme, and

(2) The WA Construction Industry Redundancy Fund.

16.—Signatories to the Agreement.

D. McHutchinson

Signed on behalf of: Bains Harding Industries Pty Ltd

R. KINNEY

Signed on behalf of: The Australian Builders' Labourers' Federated Union of Workers, Western Australian Branch

Dated this 27th day of October, 1994.

BAYLEY'S ELECTRICAL SERVICES INDUSTRIAL AGREEMENT



The Australian Builders' Labourers' Federated Union of Workers, Western

Australian Branch and

Bayley's Electrical Services No. AG 136 of 1994.

Bayley's Electrical Services Industrial Agreement


Order. REGISTRATION OF AN ENTERPRISE BARGAINING

INDUSTRIAL AGREEMENT No. AG 136 of 1994

HAVING heard Mr G. Giffard on behalf of the Applicant and there being no appearance on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the following schedule titled the Bayley's Electrial Services Industrial Agreement, signed for me for identification, be registered as an Enterprise Bargaining Industrial Agreement and shall take effect on the first pay period on or after the 11th November, 1994.


Schedule.

1.—Title. This Agreement will be known as the 'Bayley's Electrical

Services Industrial Agreement'.

2.—Arrangement. 1. Title 2. Arrangement 3. Area and Parties Bound 4. Application 5. Duration 6. Dispute Settlement Procedure 7. Single Enterprise 8. Relationship with Awards 9. Enterprise Agreement

10. Wage Increase 11. Relativities 12. Industry Standards 13. Ratification

Appendix A


Labourers' Federated Union of Workers, Western Austra- lian Branch (hereinafter referred to as the "Union") and Bayley's Electrical Services (hereinafter referred to as the "Company") in the State of Western Australia.

4.—Application. This Agreement shall be binding upon the Company, the

Union, its officers and members, and any person eligible to be a member of the Union employed by the Company on work covered by the terms of the Building, Trades (Construction) Award 1987, No. R 14 of 1978 (the "Award").

5.—Duration. This Agreement shall commence from the first pay period

on or after the date of ratification as indicated in Clause 13.—Ratification of this Agreement and shall continue in effect until the 31st day of July, 1995. Provided that nothing in this clause shall prevent the implementation of a comprehensive enterprise agreement as detailed in Clause 9.—Enterprise Agreement of this Agreement.

The parties agree to commence discussion on the terms and conditions of any future agreement three calendar months prior to the expiration of this Agreement.


Agreement shall be in the same terms as that outlined in Clause 46.—Settlement of Disputes of the Building Trades (Construction) Award 1987, No. R 14 of 1978.

7.—Single Enterprise. It is agreed that this Agreement applies in respect of a

single enterprise as defined in Clause 41A(2) of the WA Industrial Relations Act 1979, as amended (the "Act").

8.—^Relationship with Awards. This Agreement shall be read wholly in conjunction with

the Award. Where this Agreement is silent on rates of pay and other matters pertaining to the employment relationship, the Award shall apply. Where there is conflict between the rates of pay, conditions, allowances and other matters in this Agreement and the Award the higher rate shall apply.

9.—Enterprise Agreement. It is agreed that in the event of the Union and the

Company agreeing on the terms of a comprehensive enterprise agreement, this Agreement may be terminated in accordance with the requirements of the Act.

10.—Wage Increase. This Agreement provides for the payment of a 7.5%

increase in the Award hourly rate resulting in the wage rates at the date of ratification as expressed in Appendix A at Part 1 of this Agreement. A following wage increase shall be payable as a further instalment of 2.5% on the first pay period on or after 1 February 1995 resulting in the wage rates also contained in Appendix A at Part 2.

11.—Relativities. The relativities in base rate and supplementary payments

as currently contained in the Award will not be altered for the life of this Agreement.

12.—Industry Standards. It is a term of this Agreement that a Company will

continue to meet its current level of payment into the following non-wage benefit schemes for the life of the Agreement: the Construction + Building Unions Superannu- ation Scheme, and the Western Australian Construction Industry Redundancy Fund.

13.—Ratification. The signatures that follow testify to the fact that this

Agreement shall come into effect from the first pay period on or after 27th October, 1994.

R. KINNEY R.J. BAYLEY

STATE SECRETARY RON BAYLEY ON BEHALF OF THE ON BEHALF OF THE UNION COMPANY

Dated this 27th day of October, 1994 Appendix A.

Part 1 Part 2 Date of Ratification 1 February 1995 Hourly Weekly Hourly Weekly Rate Rate Rate Rate

Labourer Group 1 $12.77 $485.26 $13.07 $496.66 Labourer Group 2 $12.31 $467.78 $12.60 $478.80 Labourer Group 3 $11.98 $455.24 $12.25 $465.50

BREGMA INDUSTRIAL AGREEMENT No. AG 135 of 1994.



Workers, Western Australian Branch and the Construction, Mining, Energy, Timberyards Sawmills and Woodworkers

Union of Australia—Western Australian Branch and

Bregma Pty Ltd. No. AG 135 of 1994.

Bregma Industrial Agreement. SENIOR COMMISSIONER G.G. HALLIWELL.


Registration of an Enterprise Bargaining Industrial Agreement.

No. AG 135 of 1994. HAVING heard Mr G. Giffard on behalf of the Applicants and Mr F.A. Davis on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the following schedule titled the Bregma Industrial Agreement, signed for me for identification, be registered as an Enterprise Bargaining Industrial Agreement and shall take effect on the first pay period on or after the 11th November, 1994.



This Agreement will be known as the 'Bregma Industrial Agreement'.


10. Wage Increase 11. Relativities 12. No Extra Claims 13. Industry Standards 14. Ratification

Appendix A


Labourers' Federated Union of Workers, Western Austra- lian Branch and the Construction, Mining, Energy, Timber- yards Sawmills and Woodworkers Union of Australia— Western Australian Branch (hereinafter referred to as the "Unions") and Bregma Pty Ltd (hereinafter referred to as the "Company") in the State of Western Australia.


Unions, its officers and members, and any person eligible to be a member of the Unions employed by the Company on work covered by the terms of the Building Trades (Construction) Award 1987, No. R 14 of 1978 (the "Award").

5;—Duration. This Agreement shall commence from the first pay period

on or after the date of ratification as indicated in Clause 14.-—Ratification of this Agreement and shall continue in effect until the 31 st day of July, 1995. Provided that nothing in this clause shall prevent the implementation of a comprehensive enterprise agreement as detailed in Clause 9.—Enterprise Agreement of this Agreement.





single enterprise as defined in Clause 41A(2) of the WA Industrial Relations Act 1979, as amended.

8.—Relationship with Awards. This Agreement shall be read wholly in conjunction with


9.—Enterprise Agreement. It is agreed that in the event of the Unions and the

Company agreeing on the terms of a comprehensive enterprise agreement, this Agreement may be terminated in accordance with the requirements of the Industrial Relations Act 1979 as amended.


increase in the Award hourly rate resulting in the wage rates at the date of ratification as expressed in Part 1 in Appendix A of this Agreement. Apprentices will receive a 7.5% increase on the rates of pay determined in accordance with the Award. A following wage increase identified in this clause shall be payable as a further instalment of 2.5% on the first pay period on or after 1 February 1995 resulting in the wage rates also contained in Appendix A at Part 2.

11.'—Relativities. The relativities in base rate and supplementary payments


12.—No Extra Claims. The Unions agree not to pursue any extra claims against

the Company for the life of this agreement except in the event that the annual Consumer Price Index exceeds the amounts provided for in this Agreement.

13.—Industry Standards. It is a term of this Agreement that the Company will



Agreement shall come into effect from the first pay period on or after 26th October, 1994. R. Kinney F.A. Davis

State Secretary for For and on Behalf and on behalf of the of the Company ABLE (WA) Bregma Pty Ltd

N. Flynn

State Secretary for and on behalf of the CMETU (WA)


Appendix A

Part 1 Part 2 Date of Ratification 1 February 1995

Hourly Weekly Hourly Weekly Rate Rate Rate Rate


BRISTILE CLAY TELES PRODUCTION ENTERPRISE AGREEMENT 1994

No. AG 130 of 1994.


Industrial Relations Act 1979. The Federated Brick, Tile and Pottery Industrial Union of Australia (Union of Workers) Western Australian Branch

and Bristile Clay Tile & Others.

No. AG 130 of 1994.

Bristile Clay Tiles Production Enterprise Agreement 1994

SENIOR COMMISSIONER G.G. HALLIWELL.

15 November 1994.

Order. Registration of an Enterprise Bargaining

Industrial Agreement No. AG 130 of 1994.

HAVING heard Mr J. Bainbridge on behalf of the Applicant and Mr L. Mathews on behalf of the Respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

(1) That the Bristile Clay Tiles Production Enterprise Agreement 1994, is hereby registered as an Enterprise Bargaining Industrial Agreement and replaces Agreement No. AG 33 of 1993 from the beginning of the first pay period to commence on and from the 15th day of November, 1994.

(2) That the Schedule, which is private to the parties, is sealed on the Commission's file and is available for perusal only with the permission of the Commission and the parties.


2' 74 W.A.I.G.

CITY OF STIRLING TRANSPORT SECTIONS CONSENT AGREEMENT 1994



Australian Electrical, Electronics, Foundry and Engineering Union (Western

Australian Branch) and

City of Stirling No. AG 141 of 1994.

City of Stirling Transport Sections Consent Agreement 1994



INDUSTRIAL AGREEMENT No. AG 141 of 1994.

HAVING heard Mr J. Fiala with Mr J. Lees on behalf of the Applicant and Mr T. Holland with Mr I. Lander and Mr D. Vallelonga on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

(1) That the City of Stirling Transport Sections Consent Agreement 1994, is hereby registered as an Enterprise Bargaining Industrial Agreement from the beginning of the first pay period to commence on and from the 22nd day of Novem- ber, 1994.

(2) That the Schedule, which is private to the parties, is sealed on the Commission's file and is available for perusual only with the permission of the Commission and the parties.


DELTA CORPORATION INDUSTRIAL AGREEMENT





Delta Corporation Ltd No. AG 133 of 1994.

Delta Corporation Industrial Agreement SENIOR COMMISSIONER G.G. HALLIWELL.


REGISTRATION OF AN ENTERPRISE BARGAINING INDUSTRIAL AGREEMENT

No. AG 133 of 1994. HAVING heard Mr W.R. Swain on behalf of the Applicant and Mr M. Perrella on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the following schedule titled the Delta Corpora- tion Industrial Agreement, signed for me for identification, be registered as an Enterprise Bargaining Indus-

trial Agreement and shall take effect on the first pay period on or after the 24th October, 1994.


Schedule

This Agreement will be known as the 'Delta Corporation Industrial Agreement'.


10. Wage Increase 11. Relativities 12. No Extra Claims 13. Industry Standards 14. Ratification

Appendix A


Labourers' Federated Union of Workers, Western Austra- lian Branch (hereinafter referred to as the "Union") and Delta Corporation Ltd (ACN 009 225 567) (hereinafter referred to as the "Company") in the State of Western Australia.


Union, its officers and members, and any person eligible to be a member of the Union employed by the Company on work covered by the terms of the Building Trades (Construction) Award 1987, No. R 14 of 1978 (the "Award").








8.—^Relationship with Awards. This Agreement shall be read wholly in conjunction with


9.—Ênterprise Agreement.

It is agreed that in the event of the Union and the Company agreeing on the terms of a comprehensive enterprise agreement, this Agreement may be terminated in accordance with the requirements of the Act.

10.—Wage Increase.

(1) This Agreement provides for the payment of a 7.5% increase in the Award hourly rate resulting in the wage rates at the date of ratification as expressed in Appendix A at Part 1. A following wage increase shall be payable as a further instalment of 2.5% on the first pay period on or after 1 February 1995 resulting in the wage rates also contained in Appendix A at Part 2.

(2) In addition to the increases contained in subclause (1) of this clause, employees covered by the terms of this Agreement shall receive an allowance of $1.75 per hour for all hours worked which will not count for all purposes of the Award.

11.—Relativities.

The relativities in base rate and supplementary payments as currently contained in the Award will not be altered for the life of this Agreement.

12.—No Extra Claims.

It is a condition of this Agreement that the parties will not seek any additional wage increases for the life of this Agreement other than pursuant to variations in the Award.

13.—Industry Standards.

It is a term of this Agreement that the Company will continue to meet its current level of payment into the following non-wage benefit schemes for the life of the Agreement: the Construction + Building Unions Superannu- ation Scheme, and the Western Australian Construction Industry Redundancy Fund.

14.—Ratification.

The signatures that follow testify to the fact that this Agreement shall come into effect from the first pay period on or after the Monday, 24th October, 1994.

R. KINNEY MATT PERRELLA

STATE SECRETARY FOR MATT PERRELLA (GEN- AND ON BEHALF OF ERAL MANAGER) FOR THE UNION AND ON BEHALF OF

THE COMPANY Dated this 24th day of October, 1994.

Appendix A. Part 2

f F1 * 1 February 1995 Date of Ratification Hourly Weekly Hourly Weekly Rate Rate Rate Rate


DISABILITY SERVICES COMMISSION SOCIAL TRAINER AGREEMENT 1994

PSA AG 1 of 1994. WESTERN AUSTRALIAN


Disability Services Commission and

Civil Service Association of Western Australia Incorporated.

No. PSA AG 1 of 1994. Disability Services Commission Social Trainer Agreement

1994. COMMISSIONER R.N. GEORGE.

22 November 1994.

Order.

Registration of an Industrial Agreement. No. PSA AG 1 of 1994.

HAVING heard Mr C. Milner on behalf of the Applicant and Ms J. van den Herik on behalf of the Respondent and by consent the Commission, being satisfied that the Agreement complies with the terms of the General Order of the Commission No. 1752 of 1991 dated 31 January 1992 and pursuant to the powers conferred on it by the Industrial Relations Act 1979 hereby orders—

That the Agreement as set out in the Schedule attached hereto is hereby registered as an Industrial Agreement.

(Sgd.) R.N. GEORGE, [L.S.] Commissioner.

1.—Title. This Agreement shall be known as the Disability Services

Commission Social Trainer Agreement 1994.

2.—Arrangement. 1. Title 2. Arrangement 3. Scope and Parties Bound to the Agreement 4. Date and Term 5. Relationship to Parent Award 6. Award Amendments 7. Aim of Agreement 8. Agreement to be Displayed 9. Definitions

10. Privatisation 11. Transfer Policy 12. Salaries 13. Shift Work Allowance 14. Travel Allowance—Home to Work 15. Relieving Senior Social Trainer 16. Uniforms and Laundry 17. Hours of Work 18. Rosters 19. Sleep Shifts and Sleep Shift Allowance 20. Part-Time Employees 21. Annual Leave 22. Days Off In Lieu 23. Transition Arrangements (ADO's taken in ad-

vance) 24. Signatories

3.—Scope and Parties Bound to the Agreement. This Agreement shall be binding upon the Disability

Services Commission, and the Civil Service Association of Western Australia Incoiporated, and all Social Trainers employed by the Disability Services Commission pursuant to the Government Officers (Social Trainers) Award 1988.

The parties to this Agreement are Disability Services Commission, and the Civil Service Association of Western Australia Incorporated.


4.—Date and Term. This Agreement shall operate from the beginning of the

first pay period commencing on or after 19 October 1994 and shall remain in force for a period of one year. At the expiration of this Agreement employees shall revert to the full conditions of the Government Officers (Social Trainers) Award 1988, unless replaced by another Agreement.

Negotiations between the parties for renewal of this Agreement or for the formation of an Enterprise Agreement will commence immediately with the objective of reaching agreement prior to the expiry date of this Agreement.

5.—Relationship to Parent Award. This Agreement shall be read and interpreted in conjunc-

tion with the Government Officers (Social Trainers) Award 1988 provided that where there is inconsistency between this Agreement and the parent award, this Agreement shall take precedence.

6.—Award Amendments. Except in relation to applications before the Western

Australian Industrial Relations Commission, as at the date of registration of this Agreement, the parties agree that for the term of this Agreement no award changes will be made. This clause does not apply in respect of matters that proceed by consent.

7.—Aim of Agreement. (1) It is the objective of this Agreement to implement

workplace practices so as to provide for more flexible working arrangements, which:

• improve the efficiency and productivity of the Commission

• improve the delivery of services to clients • enhance skills and job satisfaction and assist

positively in ensuring that the Commission becomes a more cost efficient enterprise

• to facilitate flexible working hours • the improvement and maintenance of the most

productive and harmonious working relationship obtainable.

(2) Within the framework of this Agreement both management and employees are committed to co-operating positively to implement work practices that are flexible to make this Agreement work.

8.—Agreement to be Displayed. Copies of this Agreement shall be distributed to all

workplaces and a copy be made available to individuals on request.

9.—Definitions. "Award" shall mean the Government Officers (Social

Trainers) Award 1988; "Commission" shall mean the Disability Services Com-

mission; "Employee" shall mean any person employed by the

Disability Services Commission under the classifications as prescribed in the Award;

"Employer" shall mean the Disability Services Commis- sion;

"Social Trainer Co-ordinator" shall mean a social trainer who is appointed or promoted to a position designated as such by the employer, provided that the minimum qualification for the appointment as a Social Trainer Co-ordinator will be the Diploma in Training the Handicapped or equivalent;

"Union" shall mean the Civil Service Association of Western Australia Incorporated;

"Unit" shall mean the workplaces designated as such by the Commission, under the management of a Social Trainer Supervisor and may include multiple locations;

"Workplace" shall mean an area of work covered by a roster for staffing purposes.

10.—Privatisation. Disability Services Commission agrees that there shall be

no wholesale privatisation of accommodation or individual and family support services for the period of this Agreement.

11.—Transfer Policy. A working party shall be established to develop and

monitor the implementation of a Transfer Policy within six months of the registration of this Agreement. Any policy developed by the working party must be endorsed by management prior to implementation. The working party is to be established as soon as possible and membership shall consist of as a minimum:

4 Level one Social Trainers (1 from each region) 2 Senior Social Trainers 1 Supervisor (either level 3 or 4) 1 Social Trainer Co-ordinator 1 Human Resources Branch Representative.

Nominations shall be called through a newsletter attached to salary advice slips and the meetings shall be chaired by either a level 1 or 2 elected by the working party.

12.—Salaries. The rates of pay for the period of this Agreement shall

be in accordance with the Award together with a productivity allowance in accordance with the schedule below. The productivity allowance shall be a fixed fortnightly allowance, proportionate to hours worked, on base hours only. The allowance will not be included in calculating overtime or other penalties and allowances. The productivity allowance is in recognition of the productivity gains that have been achieved by this Agreement.

Schedule Level One $545 per annum Level Two $289 per annum Level Three $289 per annum Level Four $289 per annum Level Five $289 per annum

13.—Shiftwork Allowance. Employees whose rostered shifts finish after 6.00pm shall

be entitled to the payment of the shiftwork allowance stated in Schedule G of the Award, in addition to ordinary salary. This allowance shall not be payable for hours worked on weekends, public holidays or for overtime.

14.—Travel Allowance—Home to Work. Travel allowance as prescribed in Clause 28.—Shiftwork

subclause (2)(g) of the Award, shall not apply for the term of this Agreement. Savings from this initiative have been included in the productivity allowance.

15.—Relieving Senior Social Trainer. Relieving Senior Social Trainer allowance as prescribed

in Clause 30.—In Charge Allowance subclause (3) of the Award, shall not apply for the term of this Agreement. Savings from this initiative have been included in the productivity allowance.

16.—Uniforms and Laundry. Employees shall not be entitled to the provisions of

Clause 31.—Uniforms and Laundry of the Award, for the term of this Agreement. Savings from this initiative have been included in the productivity allowance.

17.—Hours of Work. (1) The ordinary hours of work shall be an average of

thirty seven and a half (37.5) hours per week over any seven days of the week.

(2) An employee rostered on shifts shall work one hundred and fifty (150) ordinary hours per twenty eight (28) days exclusive of meal intervals, on the basis of not more than ten shifts per fourteen (14) days.

(3) Shift lengths shall be not less than five and a half (5.5) hours and not greater than ten (10) hours duration.

(4) There shall be no time accrued towards an Accrued Day Off as prescribed in Clause 10.—Hours of Duty of the Award.

74 W.A.I.G. im 2'

(5) Trainee Social Trainers on day study leave will work a seven and a half (7.5) hour day.

18.—Rosters. (1) The roster period shall commence at the beginning of

a pay period and continue for twenty eight (28) consecutive days.

(2) Rosters shall be available to employees at least seven clear days prior to the commencement of the roster. Rosters shall be drawn up for each workplace in consultation with employees keeping client needs in focus. Such rosters must be consistent with management requirements.

(3) There shall be a minimum of a ten (10) hour break between shifts except that an employee may request a lesser break, provided that such break shall not be less than eight hours.

(4) Where rostering of less than ten hour break is being considered in a workplace it shall be by agreement between the employer and the Union.

(5) Employees may be rostered to work on any of the seven days of the week provided that no employee shall be rostered for more than six consecutive days.

(6) Employees shall be entitled to a minimum of two breaks consisting of two consecutive days off out of the eight due in any twenty eight (28) days.

19.—Sleep Shifts and Sleep Shift Allowance. (1) Sleep shifts may be of a duration that incurs a sleep

shift allowance of two, three or four hours. (2) Units where four hour allowances were being paid,

immediately prior to this Agreement, shall have sleep shifts rostered to preserve the four hour sleep shift allowance.

(3) Sleep shifts shall include an ordinary hours component of not less than seven and a half hours.

20.—Part Time Employees. (1) Part-time employees shall be paid a proportion of the

appropriate fulltime salary dependent upon the time worked. The calculation shall be as follows:

Hours per fortnight x Full time salary

75 1 (2) Part-time employees shall have the same entitlement

to payment for days off in lieu as described in Clause 22.—Days Off In Lieu, of this Agreement. These days shall be paid at a pro rata fortnightly rate as described in subclause (1) above.

21.—Annual Recreation Leave. Employees shall accrue twenty five (25) days annual

recreation leave for each twelve months of continuous service, except that employees levels three to five who do not work more than eleven Sundays and or public holidays shall accrue only twenty (20) days annual recreation leave.

22.—Days Off in Lieu. (1) In lieu of public holidays prescribed under Clause

21.—Public Service Holidays of the Award, and in compensation for the loss of Accrued Days Off pursuant to Clause 17.—Hours of Work subclause (4) of this Agree- ment, employees shall be entitled to, in addition to Annual Recreation Leave a further fifteen (15) days leave. For the purpose of this clause a day shall mean seven and a half (7.5) hours. This leave shall be known as Days Off In Lieu (D.O.I.L.).

(2) Days Off In Lieu may be taken as single days off, or in conjunction with annual leave.

(3) Days Off In Lieu may be paid out at the request of the employee.

(4) Employees should clear days off in lieu within each twelve month period.

(5) Days Off In Lieu shall not attract any leave loading. (6) Employees who work on a public holiday shall in

addition to D.O.I.L. be entitled to payment at time and a half

for ordinary rostered hours. Work other than during ordinary rostered hours on a public holiday shall be paid for at the rate of double time and a half.

(7) The employer may require employees to take a Day Off In Lieu on a public holiday.

23.—^Transition Arrangements (ADO'S Taken in Advance) Employees who have taken Accrued Days Off in advance

of accrual shall discuss their situation with their supervisor. They may work additional hours with no payment to offset any debit balance or may offset the balance by any of the following types of leave: Annual Recreation Leave, Accrued Public Holiday Leave or Days Off In Lieu, so that employees are not unduly disadvantaged during the transition period.

24.—Signatories. This Agreement is made at Perth on this the 19th Day of

October 1994 Civil Service Association Disability Services Com- of Western Australia In- mission corporated

David Robinson Haydn R. Lowe

Name of Signatory Name of Signatory

General Secretary Chief Executive Officer

Position of Signatory Position of Signatory

19.10.94 19.10.94

Signature Date Signature Date

ELDERS LIMITED (SPEARWOOD WOOL STORE) INTERIM ENTERPRISE AGREEMENT 1994



The Shop, Distributive and Allied Employees Association of Western Australia

Elders Pty Ltd. No. AG 122 of 1994.

CHIEF COMMISSIONER W.S. COLEMAN. 25 October 1994.

Order. Registration of an Enterprise Bargaining Industrial

Agreement Pursuant to Section 41 of the Act. No. AG 122 of 1994.

HAVING heard Mr J.W. Bullock on behalf of the Applicant and Mr M.E. Jensen, with him Mr T.D. Winfield on behalf of the Respondent

And by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Enterprise Bargaining Agreement known as the "Elders Limited (Spearwood Wool Store) Interim Enterprise Agreement 1994" be registered with effect from the 25th day of October 1994.



Schedule.

Elders Limited (Spearwood Wool Store) Interim Enterprise Agreement, 1994.

1.—Title. This enterprise agreement shall be known as the "Elders

Limited (Spearwood Wool Store) Interim Enterprise Agree- ment 1994'".

2.—Application of Agreement and Parties Bound. This agreement shall bind all employees of Elders

Limited (die company) employed at the Spearwood Wool Store, Comer of Phoenix and Sudlow Roads, Spearwood, Western Australia who are bound by the terms of the Wool, Hide and Skin Store Employees' Award or any successor thereto, engaged in or in connection with the processing, handling and preparing for sale of wool (including classing, sorting, dumping, piece picking, receiving, despatching and general handling of wool) and wool dumping.

The parties to the agreement are Elders Limited and The Shop, Distribution and Allied Employees Association of Western Australia (the union).

3.—Duration. This agreement shall take effect from the date of

certification by the Western Australian Industrial Relations Commission and shall remain in force until 30 June 1995, during which time this agreement shall not be varied, including any variation from matters arising in any State or Federal Wage Cases. The parties agree that it is intended that this agreement be replaced or re-negotiated prior to 30 June 1995 to have a new agreement in place by 1 July 1995.

4.—Relationship to Parent Award. The terms and conditions of this agreement shall be read

and interpreted in conjunction with the Wool, Hide and Skin Store Employees' Award (the "parent award'') including all variations prior to the date of certification of this agreement. Where a provision of this agreement is inconsistent with a provision of the parent award the former shall to the extent of any inconsistency override the latter.

5.—Arrangement. Subject Clause Agreed Matters 8 Agreement not to be used as a precedent 7 Application of Agreement and Parties Bound 2 Arrangement 5 Classification Structure 11 Dispute Settlement Procedure 9 Duration 3 Implementation of 38 Hour Week 10 Measures to Achieve Gains in Productivity, effi-

ciency and Flexibility 15 Productivity Bonus 13 Payment of Wages 14 Relationship to Parent Award 4 Single Bargaining Unit 6 Title 1 Wage Rates (including Productivity Payment) 12

6.—Single Bargaining Unit. A single bargaining unit has been established as follows:

• The Wool Store Manager • The Regional Wool and Sheep Manager • The Operations Manager • The Shop Steward • Three elected representatives from the wool store

personnel Provided that a representative of the relevant employee

or employer organisation may attend and participate in any meeting of the single bargaining unit.

7.—Agreement not to be used as a Precedent. This agreement shall not be used in any manner

whatsoever to obtain similar arrangements or benefits in any other plant or enterprise.

8.—Agreed Matters. (1) It is a term of the agreement that the Union undertake

that for the duration of this agreement they will not pursue any extra claims.

(2) It is a term of this agreement that the parties bound by this agreement undertake that they will not take any industrial action of any form, between the date of commencement of this agreement and 30 June 1995, provided that a meeting held between the Union and it's members, at a time agreed by the company (provided that agreement will not be unreasonably withheld) to discuss or explain issues, will not be regarded as industrial action.

(3) It is a term of this agreement that no permanent employees will be made redundant between the date of commencement of this agreement and 30 June 1995.

9.—Dispute Settlement Procedure. The object of the procedure for the avoidance of industrial

dispute shall be to promote the resolution of disputes by measures based on consultation, co-operation and discussion and to avoid interruption to the performance of work and the consequential loss of production and wages.

The parties to this agreement shall observe the following settlement of industrial disputes procedure.

(1) The procedure encourages: (a) The opportunity for the Supervisor in the first

instance to discuss with an employee any request or complaint.

(b) An orderly and just method of reviewing an issue on its merits.

(c) A means of resolving an issue without disruption to work and without prejudice to final settlement.

(2) It is agreed by all parties that the following guidelines will be observed:

(a) In the event that an employee(s) has a grievance then it is agreed that the employee(s) should attempt to resolve the grievance with then- Supervisor.

(b) If the issue has not been resolved, the matter will be referred to the Wool Store Manager. The employee(s) may request their Shop Steward be present at these meeting(s).

(c) If the dispute has not then been resolved, the Shop Steward may request assistance from the Union. The matter shall then be discussed between a Management or Human Resource representative of the Company and an appropriate officer of the Union.

(3) In the event that the issue is still unresolved either party may seek the assistance of the Western Australian Industrial Relations Commission, whose decision shall, subject to any appeal, be final.

(4) The procedure outlined in subclause (2) hereof shall be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute. The parties shall co-operate to ensure that these procedures are carried out expeditiously and shall endeavour to keep to the following time limits: Procedure described Time by Subclause 9(2)(a) Within 24 hours (weekends and holidays excepted) Subclause 9(2)(b) No later than three working days after (a) Subclause 9(2)(c) No later than seven working days after (b)

It is agreed that no industrial action of a kind which affects the operation of the Spearwood Wool Store will be taken whilst the settlement of disputes procedure is being observed.

10.—Implementation of 38 Hour Week. (1) Except as provided in subclause (4) hereof, the method

of implementation of the 38 hour week may be any one of the following—

(a) By employees working no more than 7.6 ordinary hours each day.

(b) By employees working no more than 6 ordinary hours on one day each week.

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

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

(e) Any day off duty shall be arranged so that it does not coincide with a holiday prescribed in subclause (1) of Clause 16—Holidays and Annual Leave of the parent award.

(2) Notice of Days Off Duty Where, by virtue of the arrangement of their ordinary

working hours, an employee, in accordance with paragraphs (c) and (d) of subclause (1) hereof, is entitled to a day off duty during their work cycle, such employee shall be advised by the employer at least four weeks in advance of the day to be taken off duty.

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

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

(4) Banking of Rostered Days Off Notwithstanding any other provision of this clause, where

by virtue of the arrangement of ordinary hours an employee is entitled to a day off during a work cycle, the six rostered days off in October, November, December, February, March and April will be accrued.

The rostered days off accrued in accordance with the above paragraph must be taken by 30 June in accordance with the following principles:

• Days can be taken in conjunction with Annual Leave;

• Six days or part thereof can be taken on their own; • If single days are taken then the days of the week

taken must be consecutive (i.e. Monday then Thesday etc., not all Mondays and or Fridays);

• Rostered days off must be requested via a nominated staff member at least two weeks in advance. Requests will be determined in order of the date received;

• The taking of RDO's will not interfere with the operational requirements of the enterprise.

11.—Classification Structure. (1) Wool Industry Storeworker Level 1

Relativity: 90% Pre-requisites:

• Basic interpersonal and communication skills • Basic literacy and numeracy skills

Skills/Duties: • Become familiar with company policies and proce-

dures. © Responsible for quality of their own work subject to

detailed direction. © Obtain knowledge and apply appropriate manual

handling skills. • Ability to work in a team environment and/or under

routine supervision. © Ability to exercise discretion within the limits of

skills and/or training. • Ability to undertake duties in a safe and responsible

manner. The following tasks are indicative of the tasks which an

employee at this level may be required to perform: 1. Core sampling (non-mechanical) 2. Feeding wool into blending machines

3. Head marking or branding of head bale at receival or weighing

4. Inserting lot plates or dividers 5. Lobbing 6. Opening or closing bales (including fadging and

boodling) 7. Pushing into or taking from elevators or drops 8. Sewing 9. Wheeling baskets

10. Hand trucking 11. Use of non-licensed material handling equipment 12. Operate Wool Blending Machine 13. Responsible for housekeeping in own work

environment Promotional Criteria An employee remains at this level until they are capable

of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.

Wool Industry Storeworker Level 2 Relativity: 92.4% Pre-requisites:

© Wool Industry Storeworker Level 1 level or equivalent

Skills/Duties: In addition to the skills/duties required of a Wool Industry

Storeworker Level 1 the following skills/duties are required: • Able to work in a team environment under limited

supervision. • Responsible for quality of their own work. • Appropriate Licence to operate required materials

handling equipment, (other than crane or fork lift rated in excess of 20,OCX) kg), (as required).

The following tasks are indicative of the tasks which an employee at this level may be required to perform:

1. Breaking out of specified bales for shipping, showing, pooling or blending.

2. Breaking out for rail trucks (including the use of mechanical aids).

3. Breaking down stacks of wool. 4. Port marking and branding of wool for shipment. 5. Operating and in charge of semi automatic dump

press. 6. Operation of all appropriate materials handling

equipment (other than crane of fork lift rated in excess of 20,000 kg), not requiring ancillary or incidental clerical functions.

7. Sheetman or fossicker 8. Wool pressing 9. Weight adjusting

Promotional Criteria An employee remains at this level until they are capable


Wool Industry Storeworker Level 3 Relativity: 94.5% Pre-requisites:

• Wool Industry Storeworker Level 2 or equivalent Skills/Duties: In addition to the skills/duties required of a Wool Industry

Storeworker Level 2 the following skills/duties are required: © Understands and is responsible for quality control

standards. • Advanced level of interpersonal and communica-

tion skills. • Keyboard Skills. • Able to perform work required under minimal

supervision.


• Ability to operate computerised inventory equipment (as required).

Indicative of the tasks which an employee at this level may perform are the following:

1. Sworn Weigher or employee (including forklift driver) recording or carrying out clerical functions in receiving, weighing and delivering or shipping of bales including notifying locations of bales by radio or other electronic means.

2. Employee in charge of an out-store 3. Operation of semi automatic core line. 4. Employee responsible for the actual packing of

containers with dumped bales. Promotional Criteria: An employee remains at this level until they are capable


Wool Industry Storeworker Level 4 Relativity: 91% Pre-requisites:

• Wool Industry Storeworker Level 3 or equivalent Skills/Duties: In addition to the skills/duties required of a Wool Industry

Storeworker Level 4 the following skills/duties are required: • Appropriate licence to operate required materials

handling equipment and/or container handling equipment and/or crane, with capacity rated greater than 20,000 kg (as required).

• Knowledge of operation of fully automated core line operation.

• Ability to operate computerised wool handling equipment (as required)


1. Operator in charge of a fully automated core line operation.

2. Operator in charge of fully automatic Dump Press (i.e. TriPak).

3. Operator of container handling equipment rated greater than 20,000 kg.

4. Employee charged by employer with the responsibility of supervising and directing not more than 10 employees (not being a number of employees working as a team).

Promotional Criteria An employee remains at this level until they are capable


Wool Industry Storeworker Level 5—Wool Classer Relativity: 100% Pre-requisites:

• Wool Industry Storeworker Level 4 or equivalent • Appropriate Certification

Skills/Duties: In addition to the skills/duties required of a Wool Industry

Storeworker Level 4 the following skills/duties are required: • Ability to sort all types of wool to desired graded

lines. • Ability to allocate bin types and calculate bin

weights and percentages. • Responsible for sorting wool to Industry Quality

Control Standards. • Understanding of operation of a Wool Re-

handling Department. Indicative of the tasks which an employee at this level

may perform are the following: 1. Classing or sorting wool with or without mechan-

ical aids.

2. Undertake appropriate recording functions. Promotional Criteria An employee remains at this level until they are capable


Wool Industry Storeworker Level 6—Overlooker Relativity: 105% Pre-requisites:

• Wool Classer or equivalent Skills/Duties: In addition to the skills/duties required of a Wool Classer

the following skills/duties are required: • Proven ability to train and supervise • Must be competent to train wool classers • Proficient in the accurate allocation of types and

component percentages and weights of all wool bales.

• Must ensure quality control standards are met by all wool re-handling personnel.

• Must ensure the efficient operation of a Wool Re-handling Department.


Control and co-ordinate all relevant functions of a Wool Re-handling Operation.

(2) Employees employed at handling "dead wool" shall in addition receive payment at the rate of 34 cents per hour or fraction of an hour whilst so engaged.

(3) An allowance of five per cent of the amount fixed from time to time for storeman level 1 exclusive of overtime shall be paid to a weekly employee if he is employed in a wool store for any period of less than six successive calendar months unless such employment has been terminated voluntarily or on account of malingering, inefficiency, neglect of duty or misconduct.

Provided that in the event of any such employee being dismissed (except for malingering, inefficiency, neglect of duty or misconduct) within fourteen days prior to Christmas Day, he shall receive not less than one half week's wages by way of such allowance or the five per cent allowance on wages earned up to the time of dismissal, whichever is the greater.

(4) If an employee is appointed by the company to act as first aid attendant in any store, for so acting the employee shall be paid in addition to their ordinary rate of pay the sum of 76 cents per day.

12.—Wage Rates (Including Productivity Payment). 3% Productivity Payment

Payable from date of certification of agreement The total wage rate per week for adult employees

performing the work described by any of the classifications detailed in Clause 13 of the parent award shall be as detailed in column 4 of the table below with effect from the first full pay period on or after the certification of this agreement. Classifica- Award Productivity Total tion Rate Payment Rate Level 1 $383.50 $11.50 $395.00 Level 2 $393.50 $11.80 $405.30 Level 3 $402.20 $12.10 $414.30 Level 4 $412.70 $12.40 $425.10 Level 5 $425.20 $12.80 $438.00 Level 6 $446.10 $13.40 $459.50

13.—Productivity Bonus. It is agreed that the following productivity bonuses shall

be paid to employees (other than casual or seasonal employees) during the life of this agreement:

• A bonus of $400.00 per employee upon the ratification of this agreement by the Western Australian Industrial Relations Commission.

• A bonus of $200.00 per employee in the first pay period in December 1994.


• A bonus of $400.00 per employee in the last pay period prior to 30 June 1995.

14.—Payment of Wages. Wages for all employees shall be paid fortnightly on any

of the ordinary working days of the week on the usual pay day by Electronic Funds Transfer.

15.—Measures to Achieve Gains in Productivity, Efficiency and Flexibility.

(1) The aim of this agreement is to adopt a productive culture dedicated to achieving real and measurable improvement through teamwork, participation, trust and mutual respect.

(2) Multi-skilling It is agreed that employees will continue to broaden their

skills and embrace multi-skilling (for example moving between functions and around the store according to the work load) as opposed to specialisation of tasks.

(3) Labour Productivity Grab/Core Operators will seal their own bags in order to

allow for the testing house operator to remain at the weighing station and provide for greater throughput in the sampling line.

(4) Banking of Rostered Days Off It is agreed that employees will defer rostered days off

accrued during the busy part of the season and take them when the workload permits.

(5) Future Agreement The Single Bargaining Unit will act as an advisory body

and will discuss in a positive manner issues in order to achieve real and demonstrable gains in productivity, efficiency and flexibility, together with commensurate improvements in wages.

The Single Bargaining Unit will recommend a basis upon which future wage increases will be based upon rewarding improved productivity and linked to the achievement of agreed objectives.

The parties commit themselves to the enterprise bargaining process and intend that a comprehensive enterprise agreement for the Spearwood Wool Store will be developed prior to 30 June 1995.

Parties to the Agreement Sd/- Sd/-

T M Bishop David A Fooks Branch Secretary Regional Wool and Sheep The Shop, Distribution and Manager, W.A. Elders Lim- Allied Employees Associa- ited tion of Western Australia

FISHER CATERING SERVICES PTY LTD AGREEMENT 1994 No. AG 16 of 1994.


Industrial Relations Act 1979. Fisher Catering Services Pty Ltd

and Federated Liquor and Allied Industries Employees' Union of Australia, Western Australian Branch, Union of Workers

and Others. No. AG 16 of 1994.

COMMISSIONER S.A. KENNEDY. 2 June 1994.

Reasons for Decision. THE COMMISSIONER; This application by Fisher Cater- ing Services Pty Ltd ("Fisher Catering") is for registration of an industrial agreement it has reached with the Federated Liquor and Allied Industries Employees' Union of Austra- lia, Western Australian Branch, Union of Workers ("the

FLAIEU"). The application was duly served on the bodies prescribed by section 29A(2) of the Industrial Relations Act 1979 as amended ("the Act") and one of these, the Trades and Labor Council of Western Australia ("the Council") was represented when the application proceeded to hearing.

The scope of the proposed agreement is set out in its Clause 4 and is as follows—

4.—Scope. This Agreement shall apply to Fisher Catering

Services 1% Ltd and all persons employed by it in the callings described in Clause 21 of this Agreement wherever work is performed.

Without limiting the generality of the above it shall apply where work is performed in;

(a) schools, colleges, universities and other teaching facilities;

(b) any facility in which persons are received for medical, surgical observation, rest or other treatment or care including hospitals, nursing homes, hostels, residential accommodation and/or personal care facilities for aged or disabled persons and any education and/or training and/or residential accommodation facilities for intellectually handicapped persons;

(c) restaurants, tearooms and catering establishments (as defined in clause 6 of this Agreement);

(d) residential accommodation including hostels and retirement villages;

(e) commercial and industrial sites; (f) government and military installations; (g) remote and mining locations (including fea-

sibUity, construction and production camps). The definition referred to in (c) of this clause reads—

"Restaurant and/or Tearoom" shall mean any meal room, dining room, grill room, coffee shop, tea shop, oyster shop, fish cafe, cafeteria or hamburger shop, and includes any place, building, or part thereof, stand, stall, tent, vehicle or boat in and from which food is sold or served for consumption on the premises and also includes any establishment or place where food is prepared and/or cooked to be sold or served for consumption elsewhere.

The "callings" in clause 21 of the Agreement, are as follows, with the rates sought to be applied (as per amendment by leave raised at the hearing of this matter) included—

(1) Chef 393.95 (2) Qualified Cook 367.60 (3) Cook Employed Alone 347.10 (4) Breakfast and/or Other Cooks 343.75 (5) Bar Attendant—Category 1 346.60 (6) Bar Attendant—Category 2 353.00 (7) Head Waiter/Waitress 367.60 (8) Head Steward/Stewardess 367.60 (9) Hostess 367.60

(10) Waiter/Waitress 339.25 (11) Steward/Stewardess 339.25 (12) Cashier 346.60 (13) Counterhand 339.25 (14) Kitchenhand 336.15 (15) Laundress 336.15 (16) Cleaner 336.15 (17) Yardman 336.15 (18) General Hand 336.15

On 6 April 1994 The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch ("the ALHMWU") filed notice of an application for leave to intervene in the matter. The application was filed in accordance with the Commission's regulations. The grounds for intervention were particularised as follows—

1. This Union has constitutional coverage of those industries sought to be covered by the Agreement.


2. This Union has members and/or potential members who will be covered by the Agreement.

3. The Union's legal rights to represent and protect the interests of itself and its members may be adversely affected by the Agreement because:

(i) the conditions of the Agreement are inferior to those currently applying in the industry;

(ii) the Union may be prevented from having industrial matters concerning members covered by the Agreement determined by the Commission and;

(iii) the Union may be prevented from making application to the Commission to improve the conditions of its members employed subject to the Agreement.

The application for intervention is opposed by Fisher Catering and the FLAIEU. The application is supported by the Council.

These reasons deal with the application for intervention only.

The ALHMWU's submission can be summarised as follows.

Where there is not a statutory right to be heard there may be an alternative right at common law by virtue of the rules of natural justice. In this instance the Commission should recognise that a union's legitimate interests included members both present and future whose livelihoods, it was submitted, could be affected by the outcome of this application to register an agreement between Fisher Cater- ing and the FLAIEU. The Commission was referred to a judgement of the Supreme Court of Tasmania per Under- wood J in support of this submission [R v. Bevan Johnson & Ors; ex parte AMEU and TTLC (No. 2) issued on 11 March 1994 in Matters No. M 209/1993 and M 210/1993]. According to the ALHMWU the judgement in that case was based on a consideration of recent amending provisions of the (Tasmanian) Industrial Relations Act 1984 which were analogous to the relevant provisions (including recent amendments) in the (Western Australian) Industrial Rela- tions Act 1979 relevant to the application to register an industrial agreement.

It was submitted that the scope clause of the proposed agreement and the wages claims therein have serious ramifications for members (and potential members) of the ALHMWU. The Commission was told that the ALHMWU has constitutional coverage of some of the classifications identified in the proposed agreement and existing awards, to which it is a party, cover classes of work which the proposed agreement seeks to cover. Further, it submitted, the rates of pay contained within the proposed agreement are significantly lower than those applying in these awards with a potential, therefore, for industrial disputation. It supported this submission by reference to the industrial record in respect of a number of hospitals. Evidence to this effect was given by one of its officials, Mr D. Kelly. Indeed it was Mr Kelly's evidence that as a consequence of this record of industrial disputes and the prospects for ongoing disputation, the ALHMWU had decided to apply for an award to cover contractors providing services to hospitals and other institutions which involved a contractor's employees carrying out the same work as currently regulated by awards of the ALHMWU. Reference was made to the proposed scope clause in relation to this contention. The Commission was told that the application for a new award (being matter No. A 7 of 1991 part heard by the Commission in Court Session), should it be successful, would result in wage rates and conditions paralleling existing award rates for the same work. According to Mr Kelly, not only did the ALHMWU resort to arbitration as the appropriate course to settle the issues in lieu of industrial action, it had undertaken to eschew any further direct action pending the outcome of that application. His evidence then is that the advent of this application for an industrial agreement, given that Fisher Catering is a party to the award application and the agreement includes rates of pay significantly lower for the same work and lower than current award rates for the same

work, is a matter of great interest to the ALHMWU and its members.

Mr Blackburn, appearing for Fisher Catering, argued that the application for leave to intervene should be rejected for a number of reasons. It was submitted that the ALHMWU did not have a sufficient interest in the matter; He said that the Tasmanian judgement should not be relied upon at all because it ignored High Court dicta (which bound the Commission) and was therefore "per curiam". It was argued that as the ALHMWU had no direct interest in the outcome of Fisher Catering's application and that this should be given significant weight by the Commission. Reference was made to the High Court decision in the Grimshaw case [Re Grimshaw : Ex Parte Australian Telephone and Phonogram Officers' Association (1986) 60 ALJR 558 and particularly at pages 591-2], And a decision of the President of the Western Australian Industrial Relations Commission in a section 66 application [J. Gaims and P. Dempsey and The Royal Australian Nursing Federation Industrial Union of Workers, Perth, No. 436 of 1989 (1989) 69 WAIG 2343 at 2347] was cited in support of this submission.

If the ALHMWU could not establish a direct interest then, it was submitted, it would follow that it was doubtful it could establish a "sufficient interest" so as to warrant leave to intervene. The business of Fisher Catering was described as being a contract caterer with employees currently covered by the Restaurant, Tearoom and Catering Workers' Award, 1979. Thus, it was submitted, it was involved in the ' 'industry" of contract catering, which is to be distinguished from the industries in which employers bound by the awards of the ALHMWU are engaged. Reference was made to a decision of a Commission in Court Session in the Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous W.A. Branch and Anglican Homes for the Aged (Inc.) (1987) 67 WAIG 2243, at 2248 in support of this view.

Thus, it was submitted, the ALHMWU grounds for intervention were flimsy in that the industry involved is contract catering with the work involved covered industrially by the FLAIEU and with the relevant employment relationship/s being currently bound by an award to which that (respondent to the agreement here) union was party.

Mr Blackburn argued that even if there was a "sufficient interest", the Commission should not allow intervention because either it "would serve no purpose" or the issues sought to be raised by the ALHMWU "were not relevant to the determination of the application for registration". The Commission was urged to come to this conclusion on an analysis of sections 41 and 41A of the Act. It was submitted that given that the legislature had prescribed in sections 41 and 41A the manner in which the Commission is to deal with applications for registration, the Commission should be precluded from dealing with the matter in accordance with section 27(1 )(a) or any of the more general provisions contained in the Act. It follows then, it was argued, that the issues sought to be raised by the ALHMWU, should its application for intervention succeed, would be useless. Therefore its application to be heard as an intervenor should be rejected. According to Mr Blackburn to do otherwise would be contrary to the intent of the Parliament in that it clearly intended the provisions by sections 41 and 41A (and the repealing of section 42) that there be a facilitation of industrial agreements—

to allow parties to come to an agreement without the intervention of the Commission and to allow parties to directly and freely negotiate with one another over a broad range of matters.

[Transcript: page 40] The Minister's second reading speech on the most recent

Bill to amend the legislation was tendered as evidence of this.

Further it was put that the authority of the Commission in dealing with the application was limited to either registering it or declining to register it and that its discretion in respect of this authority to accept / reject was based on the narrow criteria prescribed. Thus, on the basis that what

the ALHMWU sought to raise through intervention could not go to the requirements for registration and because its intervention would serve no purpose, the Commission should exercise its discretion to deny the application for intervention because, effectively, allowing intervention would be contrary to the purpose behind the enactment of sections 41 and 41A and the repeal of section 42.

Further, Mr Blackburn said, given the object of intervention is to allow all interested parties to participate in a single resolution [Re Ludeke and Ors; Ex Parte Customs Officers' Association of Australia, Fourth Division (1986) 13 IR 86 at 93] and the fact of the prescribed outcomes from the application of the relevant provisions of the legislation here, it follows that to allow the intervention of the ALHMWU would not advance the resolution of any controversy at all and thereby should be refused.

In its submission the FLAIEU, represented by Mr Fry, generally supported the submissions put in objection by Fisher Catering to the ALHMWU's application. Mr Fry submitted that the onus on the ALHMWU to establish why it should be granted leave to intervene needed to be borne in mind in the context of whether the ALHMWU would then be in a position to influence or alter the proceedings. The answer to this, it was submitted, must be no given that it could not become a party to the agreement and was not in any position to alter or affect the terms of the agreement. The principles in respect of an application to intervene should result in a rejection of the application.

Mr Fry said the constitutional coverage of the ALHMWU could have no bearing in the matter because the industry clearly the subject of the agreement was to be distinguished as it involved an employer in the contract catering industry. According to the FLAIEU the rest of the recitation in the scope clause of the agreement merely contained examples of "the sort of areas" in which the contractor may be engaged and could not extend to industries beyond.

The Council, which was represented by Ms Jackson, supported the application for intervention. It submitted that the critical question here is whether or not the ALHMWU and its members would be denied natural justice if the application for intervention was rejected. In exercising its discretion the Commission should have regard for the existing constitutional and award coverage by the ALHMWU in areas which could be caught by the scope and application of the proposed agreement, the evidence of Kelly on the possible impact, the industrial record, the situation re Matter No. A 7 of 1991 and the prospects for confusion. And, in the context of the last, Ms Jackson submitted that the obligations on the Commission per section 41(3) militated against the submission of Mr Blackburn that "no useful purpose" could be served at all by allowing the intervention.

In reply to the objections, Ms Blaskett put that the distinctions between the Grimshaw and Tasmanian decisions drawn by Mr Blackburn were not valid in that those judgements, on proper examination, were not incompatible. And she argued that the facts in the Ludeke case were to be distinguished from the facts of this matter. It was said that the submissions of Mr Blackburn failed to recognise current standards for the application of the rules of natural justice and more relevant case law and misapprehended the nature of proceedings to date.

So far as the submission by Mr Fry on the existence of a distinct "contract catering industry" were concerned, Ms Blaskett submitted that the situation was by no means as clear cut as the FLAIEU claimed. The Commission was referred to the judgements of Burt C.J. and Wickham J. in the case of J & J.H. Moora trading as A.A.A. Cleaning Service and Hospital Employees' Industrial Union of Workers, W.A., (1977) 59 WAIG 1679 in support of this.

I have considered the submissions and evidence carefully in coming to the following conclusions. The Commission has a discretion to allow any person who, "in the opinion of the Commission has a sufficient interest'' in any matter before it, to intervene in a matter before it pursuant to section 27(i)(k) of the Act.

Thus the onus is on any applicant for leave to intervene to satisfy the Commission that it has "sufficient interest" in a particular matter such that the discretionary authority conferred by the Act should be exercised to allow it to be heard. There is no prescribed or universal criterion by which the decision to hear a person or body by allowing intervention is to be determined. Regard must be had to all the particular circumstances. As Brennan J. observed in his judgement in Re Ludeke and Ors; Ex Parte Customs Officers' Association of Australia Fourth Division (1985) 13 IR 86 at 94—

Regard must be had to all the circumstances of the case, including the language of the statute, the nature of the power and of the body in which the power is reposed, the nature of the proceedings, the procedural rules that govern the proceedings (especially any provision for intervention by a person not directly involved in them), the interests which are likely to be affected, directly or indirectly, by the exercise of the power and the stage the proceedings have reached when the repository of the power learns of those interests.

The Commission is not a court. It is a specialist tribunal. In discharging the obligations imposed by the Act it must, subject to the legislation, act in accordance with section 26. In the case of an application for registration of an industrial agreement the Commission will be bound by sections 41 and 41A so far as the application of section 26 is concerned. The authority to grant leave to intervene is not disposed of nor diminished by the fact that the matter concerned is an application for registration of an industrial agreement. That fact is just one of the circumstances for which regard must be had. Implicit in this is the fact that, should the industrial agreement be registered, the parties directly affected by that decision would be limited to Fisher Catering and the FLAIEU. The rights and obligations of the ALHMWU would not be directly affected by that outcome. But that is not to say that the ALHMWU can not have an indirect interest in the outcome or that it can not have a "sufficient interest'' in the matter before the Commission.

Some aspects of the submissions in objection are dealt with before turning to the fundamental question of whether or not the ALHMWU has "sufficient interest" such that leave to intervene should be granted.

The first is the submission that the amendments to the legislation demonstrated an "intent" of the Parliament to preclude intervention any body (including the Commission) from "interfering" with industrial agreements entered into directly between two parties and that the Commission should give effect to this by rejecting the ALHMWU application for leave to intervene.

This submission must be rejected having regard for the frame of the legislation given that it must be to the legislation in the first instance that one looks for the expression of Parliament's intent. For one there is express provision pursuant to section 29A(b)(2) for bodies who are not directly affected by the outcome of an application to register an industrial agreement (namely the Minister for Industrial Relations, the Australian Mines and Metals Association (Inc.), Chamber of Commerce and Industry of Western Australia and the Council) not only to have a right to be heard in any proceedings on such application but also to be given notice of it through an express obligation on the applicant for registration to serve the application upon those bodies; which service results pursuant to section 29B in those bodies actually becoming parties to the particular matter by right.

Then there are the provisions in section 29A(2a) for advertising an application for registration of an industrial agreement prior to it proceeding further. These provisions, and the authority pursuant to section 27(l)(k), could not allow of the prohibitive construction of sections 41 as amended and section 41A as asserted here in relation to the application for intervention. Nor does the deletion of section 42 assist that construction that there is prohibitive force in the amendments to the legislation or at least an inferred force.

2956 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.LG.

Section 42 provided a mechanism for organisations, associations or employers other than the original parties to be joined to an existing industrial agreement so as to be bound by its terms. The deletion of section 42 and the insertion of section 41A has disposed of this avenue for extending the scope of an industrial agreement. The result, clearly, allows now for the advent of the enterprise bargaining principle implemented through the centralised wage fixing principle some time ago. There is no warrant, in my view, to conclude that the changes should be construed so as to dispose of or at least militate against any application for intervention succeeding at all.

Nor do I accept the argument that the application for leave to intervene should be rejected because the submissions sought to be put in intervention could not "serve any purpose". That would be to decide a preliminary question (the application for leave to intervene in order to be heard) on the presumption that what would be heard (if the preliminary application was successful) would be "useless". The judgement of whether a submission is useless or not would be one to be made after hearing the submission, not without hearing it at all and certainly not in answer to the question of whether or not there was a "sufficient interest" so that a hearing should be afforded in the first place.

Nor is the argument that the purpose of allowing intervention is to enable a single resolution of a controversy persuasive. This also relies on the presumption that because of the nature of the application and the provisions of the legislation the ALHMWU could not affect the outcome so intervention should not be allowed.

Notwithstanding these conclusions on arguments raised in objection to the application for leave to intervene, it remains the case that the onus lies with the ALHMWU to establish that it has a sufficient interest in the matter to warrant leave for it to intervene being granted.

It is not disputed that the ALHMWU has constitutional coverage of the work in question. In 1991 it applied for an award to bind employers involved in contracting services to various enterprises. It has pursued that application and it is currently part heard. The applicant here. Fisher Catering, is one of the contractor employers who is involved in that application. There is evidence of industrial disputation involving the ALHMWU and contractors over the terms and conditions to apply in work places. The scope clause of the proposed agreement may go to matters of constitutional rights and award coverage of the ALHMWU.

Having regard for all this I am convinced that the ALHMWU has a sufficient interest in the matter and should be heard. Leave is granted for it to intervene.

The ALHMWU is now directed to provide particulars of its position on the application for registration of the industrial agreement to all the parties within three working days of the date these reasons issued.

Hospitality and Miscellaneous Workers Union, Miscellane- ous Workers Division, Western Australian Branch applying for the right to intervene, now therefore, I the undersigned do hereby find—

That The Australian Liquor, Hospitality and Miscel- laneous Workers Union, Miscellaneous Workers Divi- sion, Western Australian Branch has sufficient interest in Matter No. AG 16 of 1994 to be accorded the right to intervene.

(Sgd.) S.A. KENNEDY, [L.S.] Commissioner.

FREMANTLE FOUNDRY AND ENGINEERING COMPANY ENTERPRISE BARGAINING

AGREEMENT 1944 No. AG 152 of 1994.


Industrial Relations Act 1979. Metals and Engineering Workers' Union—Western


Fremantle Foundry. No. AG 152 of 1994.

Fremantle Foundry and Engineering Company Enterprise Bargaining Agreement 1994

SENIOR COMMISSIONER G.G. HALLIWELL. 6 December 1994.

Order. Registration of An Enterprise Bargaining

Industrial Agreement No. AG 152 of 1994.

HAVING heard Mr K. Peckham on behalf of the Applicant and Mr J. Chalmers on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Fremantle Foundry and Engineering Com- pany Enterprise Bargaining Agreement 1994, is hereby registered as an Enterprise Bargaining Industrie Agreement to take effect on the first pay period commencing on or after the 6th day of December, 1994.



Industrial Relations Act 1979. Fisher Catering Services Pty Ltd

and Federated Liquor and Allied Industries Employees' Union of Australia, Western Australian Branch, Union of Workers

and Another. No. AG 16 of 1994.

COMMISSIONER S.A. KENNEDY. 2 June 1994.

Finding. HAVING heard Mr J. Blackburn on behalf of Fisher Catering Services Pty Ltd, Mr E. Fry on behalf of the Federated Liquor and Allied Industries Employees' Union of Australia, Western Australian Branch, Union of Workers and Ms D. Blaskett on behalf of The Australian Liquor,


This Agreement shall be known as the 'Fremantle Foundry and Engineering Company Enterprise Bargaining Agreement 1994'.

1A.—State Wage Principles—December 1993. It is a condition of this Agreement that any variation to

its terms on or from the 24th day of December, 1993, including the Arbitrated Safety Net Adjustment of up to $8.00 per week, shall not be made except in compliance with the Principles set down by the Commission in the Reasons for Decision in Matter No. 1457 of 1993.

2.—Arrangement. 1. Title

1A. State Wage Principles—December 1993 2. Arrangement 3. Area and Scope 4. Incidence and Parties Bound 5. Date and Period of Operation

6. Relationship to Parent Award 7. Single Bargaining Unit 8. Flexibility 9. Training

10. Productivity and Performance Improvement Pro- gramme

11. Racial Discrimination/Harassment 12. Wages 13. Commitments

Signatories to Agreement

3.—Area and Scope. The area and scope of this Agreement is the same as that

prescribed in the Metal Trades (General) Award 1966 No. 13 of 1965 as it applies to the Fremantle Foundry and Engineering Company on the day immediately preceding the date of registration of this Agreement.

4.—Incidence and Parties Bound. This Agreement shall apply to and be binding upon the

Fremantle Foundry and Engineering Company, all employees at its Fremantle operations engaged in the classifications set out in Clause 12.—Wages of this Agreement and the Metals and Engineering Workers' Union—Western Austra- lian Branch.

5.—Date and Period of Operation. This Agreement shall operate from the commencement of

the first pay period beginning on or after its registration for a period of two years and will not continue after this date unless reviewed. All parties make a commitment to re-negotiate this Agreement and apply for its replacement or cancellation before its expiry date.

6.—Relationship to Parent Award. (1) This Agreement shall be read and interpreted wholly

in conjunction with the Metal Trades (General) 1966 No. 13 of 1965.

(2) Where there is any inconsistency between this Agreement and the Metal Trades (General) 1966 No. 13 of ,1965, this Agreement shall prevail to the extent of the inconsistency.

7.—Single Bargaining Unit. (1) For the purposes of this Enterprise Agreement and in

accordance with the decision of the Western Australian State Wage Case Decision in January 1993, a Single Bargaining Unit has been established by way of a Consultative Works Committee. The Committee shall comprise the following members:

The Factory Manager; The elected Shop Floor Representative of the Metals

and Engineering Workers' Union—Western Australian Branch.

(2) The Single Bargaining Unit shall be given all relevant information to enable effective development and the implementation of measures to improve productivity, efficiency and flexibility.

8.—Flexibility. (1) As the Company is engaged mainly in Ship Repair

activities and general engineering industries, overtime may be required to be worked for extended periods at short notice.

(2) Restrictions will not be placed on such overtime.

9.—^Training. (1) The parties to this Agreement recognise that in order

to increase productivity, efficiency and flexibility, a greater commitment to training and skills development is required.

(2) Accordingly, the parties agree to implement an accredited career path competency-based training programme in accordance with Clause 35.—^Training of the Metal Trades (General) Award 1966 No. 13 of 1965.

(3) Quality Assurance requirements will be followed in order to maintain standards in ship repairs and general engineering.

(4) To achieve this a Training Committee, consisting of nominated employer and employee representatives, will develop appropriate training and assessment procedures to ensure that new and current employees are multi-skilled in the operational requirements of the Company. Amongst other things, this will involve identifying training programmes through consultation with employees and the Company.

10.—Productivity and Performance Improvement Pro- gramme.

(1) The parties agree to examine a range of issues to increase productivity, efficiency and flexibility.

(2) A range of performance indicators will be developed through a consultative process during the term of this Agreement.

(3) When completing paper work for Job Monitoring Cards and daily time-sheets, employees will be required to pay more attention to details, i.e.—sourcing, job numbers and descriptions.

(4) Punctuality will be monitored to gauge improvement.

11.—Racial Discrimination/Harassment. (1) The parties to this Agreement acknowledge that

discrimination or harassment on the grounds of racial origin, as defined by State and Federal legislation, is unlawful.

(2) During the tern of this Agreement, through the Single Bargaining Unit, the parties will examine ways to maintain racial harmony in the workplace.

12.—Wages. (1) The wage rates to apply pursuant to this Agreement

are as follows: 2.5% 2.5% 2.5% 2.5%

increase increase increase increase payable on payable on payable on payable on

Classification 11.11.94 11.5.95 11.11.95 11.5.96 $ $ $ $

Leading Hand 518.40 531.40 544.70 558.30 Tradesperson 495.05 507.45 520.10 533.10 Tradesperson's

Assistant Class 2 420.65 431.20 442.00 453.05 Tradesperson's

Assistant Class 1 393.80 403.60 413.70 424.05 (2) Apprentices are to be paid a percentage of the above

Tradesperson's rate in accordance with percentages prescribed by subclause (3) in Clause 31.—Wages and Supplementary Payments of the Metals Trades (General) Award 1966 No. 13 of 1965.

13.—Commitments. (1) The parties undertake that the terms of this Agreement

will not be used to progress or obtain similar arrangements or benefits in any other enterprise.

(2) This Agreement shall not operate to cause any employee to suffer a reduction in ordinary-time earnings, or to depart from the standards of the Western Australian Industrial Relations Commission in regard to hours of work, annual leave with pay, or long service leave with pay.

(3) There shall not be any further wage increases for the life of this Agreement, except when consistent with a State Wage Case decision.

Signatories to Agreement. For and on behalf of the Metal- sand Engineering Workers' Union—Western Australian Branch— J. SHARP-COLLETT For and on behalf of the Fre- mantle Foundry and Engineering Company— J. CHALMERS

Dated this 10th day of November, 1994.


JENNY CRAIG WEIGHT LOSS CENTRE PTY LTD AWARD

No. A 1 of 1994. WESTERN AUSTRALIAN


The Australian Liquor. Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western


Jenny Craig Weight Loss Centres Pty Ltd. No. A 1 of 1994.

COMMISSIONER S.A. KENNEDY. 3 November 1994.

Reasons for Decision. THE COMMISSIONER: By this application The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch ('the ALHMWU') seeks an award to issue covering persons employed by Jenny Craig Weight Loss Centres Pty Ltd ('the Company'). The Company opposes the application. The parties consented to the threshold question of whether an award should issue being heard and determined first. These reasons are limited to that question.

The Company's particulars of objection were not forthcoming prior to the hearing proceeding but were stated at it. In summary form these were as follows: that there was no ability for the applicant union in its rules to cover the employees concerned; that there was no need to make an award because there was a record of employee satisfaction and attention by the Company to employee concerns; that a majority of the employees had now entered into workplace agreements; that employees did not want a union involved in their affairs; that the union's application was designed to upset the good relationship between staff and the corporate body; that it was not in the public interest to make an award to cover a few people; and that the terms and conditions were not so substandard or deficient so as to warrant an award.

The onus lies with the applicant party to establish on the balance of probabilities that an award should issue. Its case in support of its application is dealt with subsequently.

Six witnesses were called by the ALHMWU. Five of these are employees of the Company. These are Ms Jennifer Horsley, Ms Elizabeth Bradfield, Ms Helga Bjelland, Ms Judy Thornton and Ms Ellen Tracey. The other witness, Mr Gordon Thomson, is an official of the applicant union. His evidence largely went to the record of discussions/negotiations between the ALHMWU and the Company over the prospects for an award. The employees' evidence included their respective experiences in the raising of individual concerns about employment conditions with management, the organisation of work, the type of work, facilities, conditions of employment applying, approaches to the ALHMWU by a number of employees seeking representation, and events subsequent to that giving rise to this application for an award.

The Company called seven witnesses. Two of these are senior managers. Ms Wendy Blennerhassett is responsible for the management of the Company's operations in Western Australia. Ms Patti Neubek is the managing director of the Company with responsibilities for Australia and New Zealand. The evidence of these witnesses largely went to the operation of the Company; its history in Western Australia; the means of dealing with issues or concerns of employees; the means of setting terms and conditions of employment; the history of the relationship between the applicant union and the Company over its pursuance of an award; the lines of authority within the Company; and the attitude of management to industrial awards.

Other witnesses called by the Company were Ms Karen Waldock and Ms Jill Smith, both of whom work for it in Bunbury. Ms Joanne Mooney, Ms Sandra Ashley and Ms Jennifer Holdsworthy work for the Company in other centres. The evidence of these witnesses largely went to

their experience respectively in dealing with issues in then- workplaces; their involvement in and perceptions of outcomes of meetings on the prospect of an award or otherwise; and their working conditions.

The Company is in the business of selling weight loss programs to members of the public. With headquarters in Melbourne, Victoria, it operates in Australia as a subsidiary of a United States of America company. Ms Blennerhassett, who holds the position of regional or State manager, reports to the Company's head office in Melbourne. The regional manager has no authority to settle any terms and conditions of remuneration for employees.

The business in Western Australia is carried out in premises usually located in shopping complexes. At the time the ALHMWU commenced pursuing its award claim directly with the Company in mid 1993, and for some time after, there were nine premises (centres) being operated by the Company. Seven of these were in the Perth metropolitan area and two in country centres. At the time of hearing of the ALHMWU's claim, Ms Blennerhassett said one country centre had closed.

The staff in the larger centres consists of a centre manager, a 'program director' and a number of 'weight loss counsellors'. These last may also carry out duties which are designated as those of a 'workshop facilitator'. In smaller centres the centre manager also carries out the duties of a program director. Sometimes a centre may have an employee who carries out receptionist duties. It is acknowledged that such employees would have their terms and conditions regulated by a common rule clerical award of this Commission.

There is a position of 'service trainer', the occupant of which works out of the Company's State headquarters in South Perth. The service trainer is concerned with induction training of what are termed new 'hires' (employees) and with training existing staff on ways and means of promoting the ends of the programs devised by the Company (or the parent company) for use in its centres. This includes training aimed at maintaining the skills of weight loss counsellors and their knowledge of the food stuffs/products of the Company used in the programs as well as the programs. The programs are pre-packaged.

The usual modus operandi in the centres is for a prospective client to be interviewed by the program director (sometimes centre manager). This involves an ascertaining of the individual's perceived aims and objectives and the particular program to suit. If the person signs up then he/she is referred to a weight loss counsellor whose role is to encourage and motivate the person to remain on the program until the desired objective is attained. This is done through weekly 20 minute interviews. During these, the weight loss counsellor discusses with the client his/her activities in the previous week and Togs' these. Exercise is encouraged as well as adherence to the controlled food program. The weight loss counsellor is responsible for the distribution of supplies of the Company-prepared food to the client and the receipt of moneys for these at the time. Clients may also attend workshops at the centre run by a workshop facilitator (otherwise a weight loss counsellor). These too are aimed at motivating the client to achieve his/her objective of weight loss and to remain committed to the particular program over time. According to witnesses such as Ms Blennerhassett an important element of the weight loss programs is the development of a client's ability to 'self-manage' his/her weight after its completion.

It is the evidence of the regional manager that at the time the ALHMWU was pursuing its claim directly with the Company there was a total of 53 employees in Western Australia. This included nine centre managers, five program directors and 38 weight loss consultants/workshop facilitators.

At the time of hearing the claim the total number of employees was said to be 48, including eight centre managers, four program directors and 34 weight loss counsellors/workshop facilitators. The average age of weight loss counsellors was said by the regional manager to be about 40 years old. There is an emphasis in the

recruiting of personnel on communication skills and maturity. There is an annual turnover of staff of about 25% according to the regional manager.

A significant proportion of the weight loss counsellors, (nearly 50%) are designated 'casual' albeit they work regular weekly hours. This distinction between the 'casual' employees and the full time employees is not that which usually applies in industry. In this instance, the designation is fundamentally drawn on the fact that they work less hours per week than those designated as full time employees on a 40 hour week.

The evidence is that different terms and conditions apply depending on the distinction. The hourly rate for full time employees is $8.35 for a 40 hour week; though the hours actually worked may be less than this because of a credit of Vz time for Saturday time worked and a credit of time for broken hours. There is also a commission of 75c per client per week applying for full time employees. The average annual gross income of a full time weight loss counsellor appears to be between $21,000—$22,000.

A 'casual' weight loss counsellor receives a loading of 20% on the full time hourly rate, is not entitled to commissions on numbers of clients seen and does not have the same time credit arrangements as apply to those designated full time or sick leave or annual leave entitlements.

The Company has been carrying on business directly in Western Australia since 1989. A single franchisee carried out the business in Western Australia for approximately two years prior to that. Some of the franchisee's employees, carried on in their positions after the Company took over. It appears that most of the conditions of employment remained the same other than that the current condition that 'casual' employees are not entitled to the commissions was instituted in lieu of a right to such commissions which applied previously for these employees.

The Company's centres usually consist of a reception area, some offices used for interviews, a room used for the workshop activities and a storage area and or cool room for the food stocks.

The ALHMWU's application seeks to cover those employees who are engaged as program directors and weight loss counsellors/workshop facilitators. It does not seek to cover any receptionist or management positions, including the centre manager positions.

The eligibility rule on which the ALHMWU relies is as follows—

(i) The Union shall consist of an unlimited number of persons who are employed or are usually employed in or in connection with any of the following industries or callings, within the State of Western Australia:—

(u) Persons employed in child minding centres; day nurseries; pre-school centres; health or physical culture studios other than registered nurses, but not excluding enrolled nurses.

[emphasis added] The approach to be adopted in questions of this kind can

be simply stated. What do the rules say and does the work performed by employees fall within the ordinary meaning of this? [see Industrial Appeal Court, Operative Plasters and Plaster Workers Federation of Australia (Industrial Union of Workers) Western Australian Branch and the Building Workers Industrial Union of Australia, Western Australian Branch, No. 14 of 1987, (1987) 67 WAIG 1201].

The ordinary meaning of "health or physical culture studios" seems to me to mean premises where the objects of improvement in or maintenance of health or physical well-being is pursued.

It is clear from the evidence of the work carried out in the Company's centres by weight loss counsellors/workshop facilitators and program directors that its primaty purposes is to enable clients to achieve desired improvements in their physical condition and a maintenance of that subsequently. That is the outcome to programs, which include the tools of

prepared food and motivation through a mentor, which is the subject of the transaction. Exercise is promoted in the programs as a means to the end along with the controlled food supply and the use of tapes and other aids.

Having regard for the evidence of the work carried out I consider it falls within the meaning of the ALHMWU eligibility rule. Thus, the ALHMWU is entitled to pursue an award on behalf of members engaged in such work.

The principle to apply in considering an application for an award to issue are well established [see Industrial Appeal Court decision, Hamersley Iron Pty Limited and Association of Draughting, Supervisory and Technical Employees, Western Australian Branch, (1984) 64 WAIG 852 and the Full Bench decision, Hamersley Iron Pty Limited and Federated Clerks' Union of Australia Industrial Union of Workers, W.A. Branch, (1982) 62 WAIG 2418],

In considering such an application the Commission is bound to apply section 26 of the Industrial Relations Act 1979. That is, the issue of an award is not an automatic right conditional only upon a union making an application. In considering such an application the Commission must have regard for the merits in the particular case in accordance with "equity, good conscience and substantial merits". The onus of establishing on balance that an award should issue lies with the party making the application; the ALHMWU.

The applicant union's argument that an award should issue can be summarised as follows. A number of employees of the Company have demonstrated that they desire award coverage and have demonstrated a commitment to that over time and reasonably so. There is reason in the record of conduct of issues between employees and the management for an award. There is dissatisfaction amongst some employees over terms and conditions and security and they seek to redress these concerns in a reasonable manner through union representation. An award would facilitate the union's ability to cany out this task effectively by securing its right to representation of these interests. It was put that the fact that the Company's operations in other parts of Australia were award regulated was significant in that the current situation amounted to different and inferior conditions applying to employees in Western Australian doing the same work for this employer and was reason for an award to be made in this State.

According to the ALHMWU the fact the other employees have entered into workplace agreements with the Company does not militate against the merit of the ALHMWU's position at all and particularly if there is validity in the common representation of the advent of these as a 'choice' for employees. As Ms Jackson put it succinctly for the ALHMWU, the employees the union represented were currently employed under common law contracts of employment subject only to the minimum standards prescribed by legislation. They had freely chosen to pursue an industrial award. The merit of that position should not be rejected or belittled simply because other employees had chosen differently. Further, she argued strongly that it was incongruous for the employer to argue that die Commission should have regard for the fact of some workplace agreements as reason to deny the employees the union represented an award in the face of the secrecy provisions in section 26A of the Industrial Relations Act 1979 as amended which prohibit the Commission from enquiring into or having any cognisance of work place agreements.

There is considerable evidence before the Commission of the dispute between the ALHMWU and the Company over time which is now to be determined here. It is the evidence of Ms Horsely, Ms Bradfield and the other employee witnesses for the ALHMWU that issues and concerns about working conditions and rates of pay had been raised in centres and appropriately with management over time but for the most part these went unanswered. It is very clear from this evidence and indeed the evidence of the other employees that this was not a reflection upon either centre management or the regional management; neither of which has the authority to determine the issues raised.

Ms Neubek gave evidence that there were annual reviews of the remuneration rates for employees conducted by the

Company through its head office in Melbourne, with any decision as to an increase resting with the parent company in the USA. It appears that the employees are not directly or indirectly involved in any of this.

The evidence is that the only changes to remuneration which have applied since the Company took over in 1989 have been a reduction for casual employees at that time by the removal of commissions and an increase in the ordinary hourly rate in mid June 1993 from $7.57 to $8.35 and the commission rate. It is a fact that this increase occurred shortly after the ALHMWU first took up the question of conditions of employment with the Company.

There is evidence that a number of employees approached the ALHMWU with a view to it representing their interests to the Company. The ALHMWU formally advised the Company that it wished to discuss a range of issues involving wages and conditions in June 1993. This was followed up some two weeks later by way of a letter dated 14 June 1993. In September the ALHMWU sought a conciliation conference in the Commission on the grounds that its efforts to meet with the Company to raise issues on behalf of members had been to no avail. A conference proceeded before the Commission differently constituted. It appears that as a result of these proceedings the ALHMWU and the Company, which was represented by the Chamber of Commerce and Industry of Western Australia ('CCF), were to meet and discuss issues.

On 7 October a meeting was held. Employees from the metropolitan centres attended. According to Ms Bradfield these were representative in that they included full time and casual employees across the centres and whether they were union members was of no account. Ms Neubek attended with other Company representatives. The ALHMWU was represented too. Issues for discussion were identified by the employees through, it seems, the union. These included the pursuance of an award or industrial agreement as an outcome. This was followed up by the ALHMWU a week later with a request that the date for the agreed further meeting be set. The Company circulated a memorandum to all its employees shortly after. It set out some concerns raised and what it saw as solutions or answers.

A further meeting was held on the 27 October. It seems the same people attended as attended the earlier meeting on the 7 October. The question of an award was raised early. The CCI officer present for the Company called an adjournment. When the Company representatives returned to the meeting Ms Neubek cancelled it on the basis that the employees present were not representative in the Company's view.

On 27 November the Company arranged a meeting in Perth of all its employees including from country centres. It appears nothing substantive was resolved other than that a secret ballot of employees was to be held. A postal vote was arranged by the Company through the CCI. The question posed to employees was whether they wanted a workplace agreement or arbitrated award. It seems the ballot went to all employees in Western Australia save the regional manager and the service trainer. The result of the poll was a majority of employees chose work place agreements of the two options given. Figures for the ballot were given as being 34 for workplace agreements and 17 for an award.

The outcome of the ballot figured significantly in the Company's argument that no award should issue. It was put that the majority view should prevail against any award issuing. But the import of the outcome is overstated in this argument. It is quite clear that there was no resolution at the meeting of the 27 November in these terms. All the evidence of the meeting points to the ballot being an expression of choice, not an exclusion of an option. Even the evidence of the employee witnesses called by the Company supports this to a degree.

There are other factors which are relevant to an evaluation of the ballot outcome now. There was an inadvertent irregularity in the process going to the secrecy. The managers of centres voted but the scope of the proposed award would not affect them. And 15 staff have left the Company since January 1994 to the date of hearing. There

is some discrepancy too between the voting figures put in submissions on behalf of the Company and the evidence. Having regard for the evidence of Ms Blennerhassett, it seems that if the number of management staff who voted is excluded, the totals choosing a workplace agreement and an award respectively was 24 and 17.

Mr Jones from the CCI, representing the Company, submitted that on the day of hearing 23 workplace agreements between it and employees had been registered elsewhere and that having regard for that fact it was not in the public interest to issue an award for a minority of employees.

There are a number of difficulties with this submission too. For one the aspect of choice of the majority late in 1993 and the advent of 23 work place agreements which are said to have been registered by or in August 1994 needs to be seen in context. For one, there is the evidence of staff turnover. Given the evidence of the Company's attitude towards any award, there is no reason to presume that new employees have been offered that option. It may be that there are registered work place agreements amongst the 23 now said to exist which are a result, simply, of that being a condition of the offer of employment. Further it cannot be presumed on what is before the Commission that they go only to the category of work relevant to this application.

And then there is Part 1A and section 26A of the Industrial Relations Act 1979. This last is as follows—

26A In the exercise of its jurisdiction the Commission shall not—

(a) receive in evidence or inform itself of any workplace agreement or any provision of a workplace agreement; or

(b) award particular conditions of employment to employees who are not parties to a workplace agreement merely because those conditions apply to any other employees who are parties to a work place agreement.

[emphasis added] It was submitted by Mr Jones that there was no

impediment to the Commission having regard for the existence of workplace agreements in this matter and indeed it should give that and the number, significant weight.

It may be he is correct in his view that the Commission can have regard for the fact of the existence of work place agreements and a number. But, in any event, for the reasons already stated, such detail would not give rise in my view to the significance attached to it by the Company.

There is another aspect of the 'majority rule' argument that bears raising in the context of the authorities cited earlier. The circumstances applying now are different from those applying at the time those judgements issued because of recent amendments to the legislation. Then all employees who were employed in the classifications or work covered by an award which bound their employer were commonly bound by its terms. A majority view of the employees as to whether an award should issue in a situation where the result would bind all is likely to be a significant consideration in determining the question. However, since December 1993 that framework no longer applies. An award cannot apply to persons who have entered into workplace agreements. As such the issue of an award is quite irrelevant to them. Indeed they are not even 'employees' for the purposes of the Act. It seems to me that the only majority view of employees which it would be reasonable to have regard for in answering the question of whether an award should issue would be of those who could be affected by such an award.

What evidence is before me in this respect is that those employees by and large support the issue of an award.

I note the submission that the prospect of an award in the context of workplace agreements is a matter of concern to the Company in that it could lead to differences between people doing the same work. I have considered this carefully before concluding that it is not persuasive. The fact is the pursuance of an award outcome has been on the agenda and well known to the Company for more than a year. That it

74 W.A.I.G.

subsequently pursued an alternative course and result with some of its employees should not now be construed as a bar to the union's claim succeeding. Further it would appear that in amending the legislation by adding section 26A, the parliament recognised that there could well be different terms and conditions applying to employees doing the same work because of work place agreements and endorsed this situation by way of the prohibition on the Commission contained in (b) of that provision.

So far as the merit of the ALHMWU's claim goes I have concluded as follows.

Employees of the Company have dUigently and properly pursued an award through the union applicant. They have been actively involved in the process and in formulating the claim. The employment relationship between management and these employees is generally harmonious. These is nothing in the conduct of these employees then or now, or of the ALHMWU, which reasonably could give rise to a presumption that the advent of the claim or its success will result in a deterioration of this relationship. The decision making process in the Company which applies to the setting of remuneration levels is distant from the employees affected by it and one which could not be said to be reasonably open to real discussion and/or negotiation by individual employees. The availability of a union would be likely to improve the process. And prima facie, the grievances or industrial concerns raised by the employees, both individually and through the union, are not trivial and are matters which are commonly resolved through award regulation. The evidence of award regulation applying to employees of the Company in other parties of Australia is of account. The evidence of only one increase in the hourly rate of pay in nearly five years is a relevant consideration.

Having regard for all before me I have concluded that the application by the ALHMWU for an award to issue to cover certain employees of the respondent employer has been made out.

The matter will be relisted shortly to commence proceedings on the establishment of the terms and conditions to apply in the award.


Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous

Workers Union, Miscellaneous Workers Division, Western Australian Branch

and Jenny Craig Weight Loss Centre Pty Ltd.

No. A 1 of 1994. COMMISSIONER S.A. KENNEDY.

17 November 1994. Finding.

WHEREAS the parties to this application agreed that the question of whether or not an award should issue at all should be heard and determined in the first instance; and

Whereas the decision on that question in the affirmative with reasons issued on the 3 November 1994; and

Whereas at a conference pursuant to section 32 of the Industrial Relations Act 1979 the parties accepted a framework for pursuing a settlement of issues as to the terms of the award to issue; and

Whereas given commitments of the Commission as constituted, it is appropriate now to take steps to publish the finding issued on the 3 November 1994;

Now therefore I the undersigned declare— That the case for an award to issue has been made

out. (Sgd.) S.A. KENNEDY,

[L.S.] Commissioner.

JOBSKILLS TRAINEE (CHILD CARE) AGREEMENT 1994 No. AG 63 of 1994.




and The Committee of Management, Balcatta ChUd Care Centre

and Others No. AG 63 of 1994.

Jobskills Trainee (Child Care) Agreement 1994 CHIEF COMMISSIONER W.S. COLEMAN.

20th October 1994. Order.

REGISTRATION OF AN ENTERPRISE BARGAINING INDUSTRIAL AGREEMENT PURSUANT TO SECTION

41A OF THE ACT No. AG 63/1994.

HAVING heard Ms S. Mayman on behalf of the Applicant and Ms H. Blanckensee and Ms D. Roche on behalf of Lady Gowrie and Ms L. Kooperman on behalf of Moolanda Child Care Centre, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Enterprise Bargaining Agreement known as Jobskills Trainee (Child Care) Agreement 1994 be registered with effect from the first pay period commencing on or after the 20th day of October 1994.

(Sgd.) W.S. COLEMAN. [L.S.] Chief Commissioner.

Schedule.

JOBSKILLS TRAINEE (CHILD CARE) AGREEMENT. 1994

This agreement shall be referred to as the Jobskills Trainee (Child Care) Agreement 1994.

2.—Arrangements. 1. Title 2. Arrangements 3. Definition 4. Application 5. Parties bound 6. Jobskills trainee 7. No precedent 8. Reservation

Appendix A: Procedures for Jobskills Placement Appendix B: Signatories

3.—Definition. A Jobskills trainee is an employee who is employed under

the conditions applying in the Commonwealth Government Jobskills Program Guidelines applying as at the date of operation of this Agreement and in accordance with the terms of this Agreement including the provisions of Appendix A—Procedures for Jobskills Placements.

A Jobskills broker is an organisation or person(s) identified and selected by the Department of Education, Employment and Training to participate in the Common- wealth Jobskills Program.

4.—Application. This agreement applies to children's services employees

engaged under the jobskills program and insofar as the terms of this Agreement vary from the terms of the Child Care (Subsidised Centres) Award No. 26 of 1985, or, the Child


Care (Lady Gowrie Child Centre) Award No. 3 of 1984 or, the Children's Services Consent Award No. A1 of 1985 (the relevant award) whichever applies to the respondent, the terms of this Agreement shall prevail. In all other respects the terms of the relevant award shall continue to operate.

5.—Parties Bound. This agreement shall be binding on the respondents

named in Appendix B—Signatories hereto in respect of Jobskills Trainees and on the Australian Liquor Hospitality and Miscellaneous Workers' Union, Miscellaneous Work- ers' Division, WA Branch, and its members.

6.—Jobskills Trainee. In respect of procedures for placements, other than those

provided for within this agreement, the parties shall follow the procedures provided for in Appendix A to this agreement.

(1) Training Conditions (a) A jobskills trainee shall attend approved on and

off-the-job training prescribed in the relevant training agreement, or as notified to the Jobskills trainee by the employer or agent.

(b) Jobskills trainees will receive over a period of up to 26 weeks a mix of supervised work experience, structured training on-the-job and off-the-job and the opportunity to develop and practice new skills in a work environment.

(c) Jobskills trainees may only be engaged by employers to undertake activities under the Jobskills program guidelines. The employer shall ensure that the Jobskills trainee is permitted to attend the prescribed off-the-job training and is provided with appropriate on-the-job training.

(d) The employer shall provide an appropriate level of supervision in accordance with the approved training plan.

(2) Employment conditions (a) Jobskills trainees shall be engaged in addition to

existing staff levels. Positions normally held by permanent employees shall not be filled by Jobskills trainees nor shall the trainee positions be incorporated at any stage into staff requirements specified in accordance with the Child Care Centre Regulations, 1988.

(b) Jobskills trainees shall be engaged for a period of up to 26 weeks as full-time employees.

(c) Jobskills trainees are permitted to be absent from work without loss of continuity of employment to attend the off-the-job training in accordance with the training plan. However, except for absences provided for under the relevant award, failure to attend for work or training without an acceptable cause will result in loss of pay for the period of absence.

(d) Overtime and shiftwork shall not be worked by jobskills trainees except to enable the requirements of the training plan to be effected. When overtime and shiftwork are worked the relevant penalties and allowances of the relevant award, based on the trainee wage, will apply. No jobskills trainee shall work overtime or shiftwork on their own.

(e) The union shall be afforded reasonable access to jobskills trainees for the purposes of explaining the role and functions of the union and enrolment of the trainee as a member.

(f) Where the employment of the trainee is continued after completion of the traineeship period, such traineeship period shall be counted as service for all purposes of the award.

(3) Wages The weekly wages payable to jobskills trainees shall be

$300.00. It is the rate for all purposes of the agreement and takes account of the range and extent of training provided.

7.—No Precedent. This agreement represents a compromise on the part of

all parties and will not be used as a precedent in any proceedings before industrial tribunals.

8.—Reservation. This agreement shall come into force from the beginning

of the first pay period to commence on or after the date of registration of this agreement and shall continue for a period of 12 months from that date, or until the jobskills program may be wound up.

Appendix A. Procedures for Jobskills Placements.

1. DUTY STATEMENTS Step 1 A duty statement must be developed for each jobskills

position. The Broker (The Lady Gowrie Centre) and the employer should jointly develop the duty statement. Ideally this process should include the prospective participant.

The duty statement should be a comprehensive description of duties to be performed by the participant. The job description is used to select a suitable participant and is the basis for identifying skills and knowledge required by the participant to perform the job. The training is then developed to meet the individual's training needs. The duty statement must not include words such as 'other duties as required', or 'carry out other functions'.

Additionality: (a) In accordance with the Commonwealth Jobskills

program Guidelines, the work experience placements must be additional to the normal work force of the employing organisation or business in which the placements occur, so that jobskills participants shall not replace paid workers or reduce the hours worked by existing employees. The position should not take duties away from an employee or an established position.

(b) Volunteers must not be displaced. However, if they are eligible they could become jobskills participant.

(c) Jobskills positions must not replace Australian Traineeship positions.

Step 2 Once the duty statement has been developed, the Union

must be sent a copy, so that they can approve additionality. If additionality is dealt with at this stage, it will prevent work being done on a position they may not be given the go ahead.

The union will then identify the LHMU union representative who can sign the duty statement as additional. If a union representative is unable to sign the duty statement,a nominee of the LHMU, will assess additionality. The duty statement must also have the additionality approval signed by the personnel officer.

Please note: — The same job description can only be used twice

at the same workplace. — A duty statement cannot be changed without the

approval of the LHMU. The Union will be available to discuss changes to duty statements.

Once the duty statement has been approved by the LHMU, the training provider must write up the duties on the duty statement in competency based format.

2. Training There is some flexibility with the training component of

the jobskills program. However, every effort should be made to ensure that:

(a) On-the-job training is written in competency based language and is able to be assessed by the supervisor.

(b) Off-the-job training is accredited by the State Skills Accreditation Board (SSAB), preferably via the relevant Industry Employment and Training Councils (IETC).

(c) Each module is accredited so that jobskills trainees are able to show prospective employers that they have attained a recognised level of competency.

(d) Course providers are accredited by SSAB. Brokers should be aware that they can have their own

modules/courses accredited. An IETC executive officer will assist with accreditation matters.

Individualised Training programs In accordance with the jobskills program guidelines, and

training program should be underpinned by a participant centred educational philosophy which meets the specific training and work experience needs of individual jobskills trainees. This means that each jobskills trainee should have all on-the-job and off-the-job training developed to meet their individual training needs.

The recognition of prior learning is an integral part of this approach. Jobskills participants should not participate in any training if the LHMU, the relevant employer and the Jobskills broker consider the person competent in that area.

3. INFORMATION TO BE SENT TO UNION The following documentation will be provided to the

LHMU: (a) Each participant's on and off-the-job training

program. This must arrive at the Union Office prior to setting a commencement date. This will ensure that participants will not be inconven- ienced and disappointed if a commencement date is postponed because agreement between the Broker and the LHMU is not reached in time.

(b) The process used by Brokers for developing individualised on and off-the-job training.

(c) The accreditation status of the training courses/ modules and providers.

(d) A copy of the on-the-job training records book. (e) A written assurance that both the jobskills

participants and the supervisors are familiar with the purpose of the training records book.

(f) The process used to assessing prior learning. (g) A copy of any off-the-job training developed by

TAPE or any other training provider. There is no need to send the whole training courses/

modules, where such materials have already been provided to the Union.

4. BROKERS MUST INFORM EMPLOYERS OF THE FOLLOWING REQUIREMENTS:

(a) If there is an LHMU union representative for the workplace in which a jobskills participant is placed, the union representative will need to be released for a day course conducted by the LHMU. The aim of the course is to better inform LHMU union representatives about the jobskills program, the relevant awards and other relevant issues. This leave is paid leave over and above TUTA leave.

(b) The LHMU shall be allocated a minimum of a one hour presentation at the jobskills participant's induction. Reasonable notice must be given to the union.

(c) All jobskills trainees must be supervised by a responsible officer who is an employee of the employer.

(d) There is to be no placement of jobskills participants where a contract relationship exists between the employer and other employers. This is to protect the trainee from acting outside workers compensation and public liability cover.

Appendix B. Employer Signatories

The Committee of Management Balcatta Child Care Centre 344 Albert Street BALCATTA WA 6021

The Committee of Management Salvation Army Balga Child Care Centre 14-18 Lavant Way BALGA WA 6061 The Committee of Management Duncraig Child Care Centre 43 Beddi Road DUNCRAIG WA 6023 The Committee of Management Forrestfield Child Care Centre 12 Anderson Road FORRESTFIELD WA 6058 City of Fremantle Esme Fletcher Day Nursery Cnr. High and Parry Streets FREMANTLE WA 6160 City of Fremantle Fremantle Children's Services Centre 15 Quarry Street FREMANTLE WA 6160 The Committee of Management Wirrabirra Child Care Centre 59 Corfield Street GOSNELLS WA 6110 The Committee of Management Curtin University Child Care Centre Building 002 Kent Street BENTLEY WA 6102 The Committee of Management Treasure Island Child Care Centre 30 Cecil Avenue CANNINGTON WA 6107 City of Fremantle Fred Notley Day Nursery 32 Collick Street HILTON WA 6163 The Committee of Management The Lady Cowrie Child Centre (WA) Inc 3 Yaralla Place KARAWARA WA 6152 The Committee of Management Tomato Lake Child Care Centre 23 Paterson Road KEWDALE WA 6105 The Committee of Management Moolanda Child Care Centre 133 Moolanda Boulevard KINGSLEY WA 6026 The Town of Kwinana The Committee of Management Kwinana Child Care Centre Cnr Peel Court & Chisham Avenue KWINANA WA 6167 The Shire of Mundaring Midvale Child Care Centre 22-26 Hooley Road MIDVALE WA 6056 The Committee of Management Mirrabooka Multicultural Child Care Centre 28 Chesterfield Street MIRRABOOKA WA 6061 The Committee of Management Padbury Child Care Centre Giles Avenue PADBURY WA 6025 The Committee of Management South Lake Child Care Centre 2 South Lake Drive SOUTH LAKE WA 6164 The Committee of Management Subicare 295 Bagot Road SUBIACO WA 6008


The Committee of Management Victoria Park Community Child Care 1-5 Sussex Street VICTORIA PARK EAST WA 6101 The Committee of Management Catherine McAuley Day Care Centre 18 Barrett Street WEMBLEY WA 6014 The Committee of Management Birra-Li Child Care Centre 1 Stacey Street W1LLAGEE WA 6156 The Committee of Management Winterfold Child Care Centre Winterfold Road COOLBELLUP WA 6163 The Committee of Management The International Child Care Centre Doig Place BEACONSF1ELD WA 6162 The Committee of Management Communicare Incorporated Child Care 28 Cevil Avenue CANNINGTON WA 6107 Union Signatory Helen Creed Australian Liquor, Hospitality & Miscellaneous Work-

ers Union 61 Thomas St. SUBIACO

KURDA EMPLOYMENT AND TRAINING JOBSKHAS AGREEMENT 1994



The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers

Union of Australia—Western Australian Branch

and Kurda Employment and Training (Inc)


Kurda Employment and Training Jobskills Agreement 1994.


Order. Registration of an Industrial Agreement

No. AG 140 of 1994. HAVING heard Ms B. Love on behalf of the Applicant and Mr K. Beasland on behalf of the Respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Kurda Employment and Training JobSkills Agreement 1994, is hereby registered as an Industrial Agreement to take effect on the first pay period commencing on or after the 6th day of December, 1994.


Schedule. L—Title.

This Agreement shall be referred to as the 'Kurda Employment and Training JobSkills Agreement 1994'.

2.—Arrangement. 1. Title 2. Arrangement 3. Application 4. Area 5. Parties Bound 6. Definition 7. Duration of Agreement 8. Jobskills Trainee 9. No Precedent

10. Reservation Signatures

3.—Application. This Agreement applies to Kurda Employment and

Training Project (inc.) employees engaged under the Commonwealth Government JobSkills program and insofar as the terms of this Agreement vary from the terms of the Building Trades (Construction) Award 1987 No. R 14 of 1978 (the Award) the terms of the Award apply.

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

Western Australia.

5.—Parties Bound. This Agreement shall be binding on Kurda Employment

and Training Project (inc.) in respect of JobSkills trainees and The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers' Union of Australia—Western Australian Branch.

6.—Definition. A JobSkills trainee is an employee who is employed

under the conditions applying in the Commonwealth Government JobSkills Program Guidelines 1994—95.

7.—Duration of Agreement. The Agreement shall operate from the date of signature

by the Union for a period of 26 weeks; provided that where the agreement is terminated in accordance with Section 43 of the Industrial Relations Act 1979 such termination shall not prejudice any training agreements or employment contracts between the JobSkills trainee and the employer which were entered into during the currency of the Agreement.

8.—Jobskills Trainee. (1) Training Conditions

(a) A JobSkills trainee shall attend approved on and off-the-job training prescribed in the relevant training agreement, or as notified to the JobSkills trainee by the employer or agent.

(b) JobSkills trainees will receive over a period of up to 26 weeks a mix of supervised work experience, structured training on-the-job and off-the-job the opportunity to practice new skills in a work environment.

(c) JobSkills trainees may only be engaged by the employer to undertake the JobSkills program guidelines. The employer shall ensure that the JobSkills trainee is permitted to attend the prescribed off-the-job training and is provided with appropriate on-the-job training.


(2) Employment Conditions (a) JobSkills trainees will be employed in addition to

existing staff levels. Positions normally held by permanent employees shall not be filled by JobSkills trainees.

(b) JobSkills trainees will be employed for a period of up to 26 weeks as full-time employees.

(c) JobSkills employees are permitted to be absent from work without loss of continuity of employment to attend the off-the-job training in accordance with the training plan. However, except for absences provided under the Award failure to attend for work or training without an acceptable cause will result in loss of pay for the period of the absences.

(d) Overtime and shiftwork shall not be worked by JobSkills trainees except to enable the requirements of the training to be effected. When overtime and shiftwork are worked the relevant allowances and penalties of the Award, based on the trainee wage shall apply. No JobSkills trainee shall work overtime or shiftwork on their own.

(e) The Union shall be afforded reasonable access to JobSkills trainees for the purpose of explaining the role and functions of the Union and enrolment of the trainee as a member.

(3) Wages The weekly wages payable to JobSkills trainees shall be

$300.00. It is the rate for all purposes of the agreement and takes account of the range and extent of training provided.

9.—No Precedent. This Agreement represents a compromise on the part of

all parties and will not be used a precedent in proceedings before industrial tribunals.

10.—Reservation. The parties to this Agreement reserve the right to seek its

variation or revocation if circumstances develop in the operation of the JobSkills program which adversely affect the interests of their members to the extent that the variation or revocation is warranted.

Signatures. This Agreement is signed on behalf of Kurda Employ-

ment and Training Project (inc.) RONALD CROSS (NAME) CHAIRPERSON (OfTicieELD) RONALD CROSS (SIGNATURE) KEVIN JOHN BEASLAND. (wiTNESS''NAME) K.J.BEASLAND (WITI^SS SIGNATURE)

Signed on behalf of the Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers' Union of Aus- tralia—Western Australian Branch N E IL I^ Y N N (NAME)' SECRETARY (OFFicE HELD) NE^FLYNN (Sgnature) BRENDA LOVE (WITNESS NAME) BRENDA LOVE (WrTNESSSIGNATURE)


MASTERS DAIRY AWARD 1994 No. A 2 of 1994.




and Masters Dairy Ltd. No. A 2 of 1994.

Masters Dairy Award 1994. COMMISSIONER S.A. KENNEDY.


HAVING heard Ms D. Blaskett on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch, Mr A. Waddell on behalf of the Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch, Mr N. Hodgson on behalf of the Metals and Engineering Workers' Union—Western Australian Branch and Mr P. Cocks on behalf of Masters Dairy Ltd, now therefore I the undersigned pursuant to the powers conferred by the Industrial Relations Act 1979, and by consent, do hereby order—

(1) That the terms and conditions in the following schedule of a new award to be known as the 'Masters Dairy Award 1994' now issue.

(2) That the operative date for the terms and conditions shall be the 16th day of September, 1994 unless otherwise provided within the terms of the award.

(Sgd.) S.A. KENNEDY, [L.S.] Commissioner.


(1) This award shall be known as 'Masters Dairy Award 1994'.

(2) This award supersedes and replaces the following awards with effect on and from 16 September 1994 so far as they apply to employees of Masters Dairy Ltd.

• Dairy Factory Workers' Award 1982 (No. A 15 of 1982)

• Transport Workers' (General) Award No. 10 of 1961

• Metal Trades (General) Award 1966 (No. 13 of 1965)

1A.—State Wage Principles—December 1993. It is a condition of this award that any variation to its

terms on or from the 24th day of December 1993, including the Arbitrated Safety Net Adjustment of $8.00 per week, shall not be made except in compliance with the Principles set down by the Commission in the Reasons For Decision in Matter No. 1457 of 1993.

2.—Arrangement. 1. Title

1A. State Wage Principles—December 1993 2. Arrangement 3. Area & Scope 4. Definitions 5. Contract of Service

PART 1—Classifications, Hours and Remuneration Pro- visions

6. Classifications and Rates 7. Hours 8. Rosters

9. Overtime 10. Shift Work 11. Saturday and Sunday Rates 12. Meal Money 13. Higher Duties 14. Payment of Wages 15. Superannuation 16. No Reduction

PART 2—Leave Provisions 17. Annual Leave 18. Bereavement Leave 19. Long Service Leave 20. Holidays 21. Sick Leave 22. Parental Leave

PART 3—Other Allowances and Conditions 23. Vehicle Allowance 24. Other Allowances 25. Protective Clothing 26. Training 27. Redundancy

PART 4—Other Provisions 28. Introduction of Change 29. Settlement of Disputes and Claims 30. Stoppages/Stand Downs 31. Disciplinary Procedures 32. Time and Wages Records 33. Posting of Award and Union Notices 34. Right of Entry

Schedule 1—Parties to Award Schedule 2—Wage Rates Schedule 3—Vehicle Allowances Schedule 4—Other Allowances Schedule 5—Existing Definitions

3.—Area and Scope. This award shall apply to employees of Masters Dairy Ltd

who are members or eligible to be members of the unions party to this award and who are engaged in classifications prescribed in this award.

4.—Definitions. "employer" means Masters Dairy Ltd.

5.—Contract of Service. General:

(1) (a) Subject to paragraph (b) of subclause (1) hereof, all employees shall be engaged either as weekly full time, weekly part time or casual employees,

(b) (i) The employer may engage a new employee as a casual and may alter the engagement to a weekly one at any time up to the pay day immediately following the day of engagement.

(ii) If the employer so alters the engagement the employer shall only be liable to pay the employee concerned the proportion of the weekly rate calculated on the basis of the time worked.

(2) The contract of service of an employee shall not, except in the case of a casual or probationary employee, be terminated otherwise than in accordance with this clause.

(3) The provisions of this clause do not affect the right of the employer to dismiss an employee without notice for misconduct in which case wages shall be paid up to the time of dismissal.

(4) The employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training. Probationary Employment:

(5) Except where otherwise agreed in writing between the employer and the relevant union, the employer may engage an employee on a probationary period for up to one month during which time either the employee or employer may end the contract with one day's notice provided that this

subclause shall not apply to employees engaged on a casual basis.

(6) Casual Employment: The following shall apply—

(a) A casual employee's contract of employment shall be by the hour.

(b) A casual employee may be employed for one of the following reasons:

(i) to replace employees who are on annual leave, sick leave, paternity leave, leave for training courses or any other form of paid leave; or

(ii) to meet market demands. (c) Casual employees shall only be employed by

agreement between the employers and the relevant union.

(d) The employer shall not employ a casual employee for more than six weeks unless the period of leave referred to in paragraph (b)(i) of this subclause is in excess of six weeks in which case the employer may employ the casual for the entire period of leave.

(e) A casual employee shall receive a 20% loading in addition to the rate prescribed for the relevant class of work for work performed during ordinary time provided that a minimum payment for four hours of work shall apply.

(f) A casual employee shall not be entitled to sick leave, annual leave, bereavement leave or public holidays.

(g) A casual employee shall not be engaged on overtime rates if permanent employees in the employee's section are available to complete required tasks.

(7) Part Time Employment: The following shall apply—

(a) Except in the transport areas of the operations a part time employee may be engaged to work for a constant number of hours each week which, having regard to the various ways of arranging ordinary hours, shall average less than 38 hours per week.

(b) An employee so engaged shall be paid per hour one thirty-eighth of the weekly wage presented for the classification in which the employee is engaged.

(c) An employee engaged on a part time basis shall be entitled to annual leave, holidays, sick leave and bereavement leave arising under this award on a proportionate basis with payment for such leave calculated as follows:

(i) Annual Leave: Where a part time employee is entitled to a payment, either on termination or for the purpose of annual leave or at a close down, for continuous service in any qualifying twelve monthly period then the payment of 2.923 hours' pay prescribed by paragraph (b) of subclause (5) of Clause 17.—Annual Leave shall be in respect of each cumulative period of 38 ordinary hours worked during the qualifying period.

(ii) Holidays: A part time employee shall be allowed the holidays prescribed by Clause 20.—Holidays without deduction of pay in respect of each holiday which is observed on a day ordinarily worked by the part time employee.

(iii) Sick Leave: There shall be accrual of one-sixth of a week for each completed month of service shall be calculated on the average number of ordinary hours worked each week for every completed month of service.

(iv) Bereavement Leave: Where a part time employee would normally work on either or both of the two working days following the death of a close relative which would entitle an employee on weekly hiring to bereavement leave in accordance with Clause 18.— Bereavement Leave of this award the employee shall be entitled to be absent on bereavement leave on either or both of those two working days without loss of pay.

(d) A part time employee who works in excess of the hours fixed under the contract of employment shall be paid overtime in accordance with Clause 9.—Overtime of this award.

Termination of Employment: (8) Subject to Clause 27.—Redundancy, the following

shall apply to the termination of employment of other than casual employees.

(a) (i) Notice of termination by the employer: The employer shall give the employee the notice in accordance with the following: Period of continuous service Period of

notice Less than 1 year 1 week 1 year and up to the completion 2 weeks of 3 years 3 years and up to the completion 3 weeks of 5 years 5 years and over 4 weeks

(ii) In addition to the notice in (i) of paragraph (a) of this subclause, employees over 45 years of age at the time of the giving of the notice who have not less than two years' continuous service, shall be entitled to an additional weeks notice.

(iii) Payment in lieu of the notice period prescribed in (i) of paragraph (a) and/or (ii) of paragraph (a) of this subclause or part of that notice period hereof may be made.

(iv) Any payment in lieu of notice shall be calculated having regard for the wages an employee would have received in respect of the ordinary time he would have worked during the period of notice had the employment not been terminated.

(v) The period-of notice shaH-not apply in the case of dismissal for conduct justifying instant dismissal, (including malingering, inefficiency, dishonesty, misconduct, or neglect of duty) or for absence from work without reasonable cause or casual employees or employees engaged for a specific period of time or for a specific task or tasks.

(vi) For the purpose of this clause, continuity of service shall be calculated in the manner prescribed by (iv) and (v) of this subclause.

(b) Time off work during the notice period: Where an employer has given notice of termination to an employee, the employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment provided that such time off shall be taken at times that are convenient to the employee after consultation with the employer.

(c) Statement of employment: Upon receipt of a request from an employee who has been given notice of termination of employment, the employer shall provide to that employee a written statement specifying the period of the employment and the classification of or the type of work performed by the employee.

(d) Notice of termination by an employee: (i) The notice of termination required to be given by

an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned.

(ii) If an employee fails to give the required notice or fails to work out a notice period, the employer may withhold moneys due to the employee to a

maximum amount equal to the ordinary time rate of pay for the period of notice either required or not worked out.

(e) Payment In Lieu of Notice: (i) Where an employee has given or been given

notice as aforesaid, or payment in lieu of some of the prescribed notice period unless otherwise agreed between the employer and the employee, the employee shall continue in employment until the date of expiration of the notice.

(ii) An employee who has been given notice and who is absent from work during the period of notice without good reason, proof of which shall be upon the employee shall not be entitled to payment for work done within such period of notice.

(f) (i) Tfermination of employment by the employer shall not be harsh, unjust or unreasonable.

(ii) For the purposes of this clause, termination of employment shall include terminations with or without notice.

(iii) Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the ground of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.

Part 1—Classification, Hours and Remuneration Provisions.

6.—Classifications and Rates. (1) (i) The parties to this award agree that through

enterprise bargaining they will develop a single classification structure for all employees which will provide a common career structure.

(ii) Pending (i) hereof, the rates in Schedule 2—Wage Rates of this award shall apply unless otherwise ordered by the Western Australian Industrial Commission.

(2) Production Area: (a) Dairy Production Worker—Grade 1: shall mean

a new employee with less than three months of employment in the industry who performs routine duties under supervision.

(b) Dairy Production Worker—Grade II: shall mean an employee classified as such engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties under supervision beyond the skills of a Grade I employee and who, may be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained— Special Duties—Grade II

(i) Recrater/Decrater (ii) Cool Room Hand

(iii) Wheeler (iv) Yard Person (v) Auto Cutting (Cheese Section)

(vi) Spotter (vii) Hand Packer

(viii) Machine Feeder (ix) Hand Conveyor Loader (x) Box Maker

(xi) Powdered Milk Bagger (xii) Cleaner (General)

(c) Dairy Production Worker—Grade II: shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties with routine supervision, beyond the skills of a Grade II employee and who, may, be required to regularly carry out a range of the specific duties

listed hereunder for which they have been suitably trained.

Special Duties—Grade III (i) Mobile Electric Milk Crate Lifter

(ii) Cheese Room Hand (Machine Operator) (iii) Mill Attendant (Casein/Cheese Manuf

Plants) (iv) Separator Operator (v) Freezer Room Hand

(vi) Laboratory Assistant (vii) Bulk Bag Operator (Milk Section)

(viii) Separator Operator (Cheese) (ix) Pickers (x) Dispatch Hands

(xi) Cleaning/Machine Operator (xii) Milk Receiver and Sampler

(d) Dairy Production Worker—Grade IV: shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to carry out duties beyond the skills of a Grade III employee and who, may be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained—

Special Duties—Grade IV (i) Pasteuriser (HTST)

(ii) Separator and/or Mix Maker (iii) Machine Operator (Cup) (iv) Tfester and Grader (v) Cream Grader (Single)

(vi) Cream Tester (Single) (vii) Assist. Cheesemaker

(viii) Pasteuriser Operator (Cheese) (ix) Butter Cutter (in charge of machine) (x) Vacreator Operator

(xi) Tfester and Grader (Casein—Certificated) (xii) Casein Maker

(xiii) Continuous Evaporator (Dryer Operator) (xiv) Machine Operator (Single) (xv) Blow Moulder Operator

(xvi) Reverse Osmosis and/or Ultra Filtration Operator

(xvii) Blender/Mix Maker (xviii) Butter Maker

(xix) Dispatch (Multiple Function) (xx) Boiler Attendant

(e) Dairy Production Worker—Grade V: shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties beyond the skills of a Grade IV employee and who, may be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained—

Special Duties—Grade V (i) Tfechnical Assistant (Unqualified)

(ii) Butter Maker with Certificate (iii) Machine Operator (Multiple) (iv) Auto Form—Fill Aspectic Machine (v) Blow Moulder Operator (Advanced)

(vi) Stores (Advanced) (vii) Process Controller (UHT, Ultra clean, Pas-

teuriser) (f) Dairy Production Worker-r-Grade VI: shall mean

an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties, beyond the skills of a Grade V employee, and who, may be required to regularly carry out at least one of the specific duties lister hereunder for which they have been suitably trained—

Special Duties—Grade VI (i) Tfechnical Assistant (Qualified)

(ii) Cheese Maker (Qualified—up to 2 varieties) (iii) Process Controller (Advanced) Automated

Batchmaking and Computerised Plant (g) Dairy Production—Grade VII: shall mean an

employee who is classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties beyond the skills required of a Dairy Production Worker—Grade VI and who may be required to regularly carry out at least one of the specific duties listed hereunder for which they have been suitably trained—

Special Duties—Grade VII (i) Laboratory Technician

(ii) Cheese maker (Advanced—more than 2 varieties)

(3) Transport Area (a) Grade 3:

Driver, rigid vehicle from 4.5 t 13.9 tonnes GVM or GCM (Gross Combination Mass) Driver, fork lift up to and including 5 tonnes lifting capacity Driver, tractor without power operated attachments

(b) Grade 4: Driver, rigid vehicle over 13.9 tonnes GVM or GCM and up to 13 tonnes capacity Straddle carrier driver (unlicensed) Driver of fork lift over 5 and up to 10 tonnes lifting capacity

(c) Grade 6: Driver low loader to 43 tonnes GCM Driver articulated vehicle over 22.4 tonnes GCM and up to 39 tonnes capacity Driver mobile crane up to 25 tonnes lifting capacity Driver rigid vehicle and heavy trailer over 22.4 tonnes GCM Driver of forklift over 34 tonnes lifting capacity

(d) Grade 7: Driver articulated vehicle over 22.4 tonnes GCM over 39 and up to 60 tonnes capacity Driver multiple articulated vehicle up to 53.4 tonnes GCM Driver low loader over 43 tonnes GCM (for each additional complete tonne over 43 tonnes an the all purpose allowance prescribed in Schedule 4 shall be payable as part of the weekly wage.

(e) Van Driver—Salesperson shall be paid the allowance per week of prescribed in Schedule 4

(4) Maintenance Area: (a) Engineering Tradesperson Special

Class Level II C7 (Relativity to CIO—115%)

(i) An Engineering Tradesperson Special Class Level II shall mean an:

Engineering Tradesperson Special Class (electrical/electronic) Level H; or Engineering Tradesperson Special Class (mechanical) Level II; or


Engineering Tradesperson Special Class (fabrication) Level 11;

who has completed the following training requirement, including appropriate on-the- job training: three appropriate modules which are qualita- tively higher than and in addition to the training requirements of C8 level; and where practical the modules should be identified in the Enterprise Training Pro- gramme.

(ii) An Engineering Tradesperson Special Class Level II works above and beyond a Trade- sperson at C8 and to the level of the employee's training:

(a) Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

(b) Is able to provide trade guidance and assistance as part of a work team.

(c) Provides training in conjunction with supervisors and trainers.

(d) Understands and implements quality control techniques.

(e) Works under limited supervision either individually or in a team environment.

(iii) The following tasks are indicative of what an employee at this level may perform subject to the employee having appropriate Trade and Post Trade Training to enable the particular tasks to be performed;

• works on machines or equipment which utilise complex mechanical, hydraulic and/or pneumatic circuitry and controls or a combination thereof;

• works on machinery or equipment which utilises complex electrical/electronic circuitry and controls.

® works on instruments which make up a complex control system which utilises some combination of electrical, electronic, mechanical or fluid power principles.

• applies advanced computer numerical control techniques in machining or cutting or welding or fabrication.

• exercises intermediate CAD/CAM skills in the performance of routine modifications to programs.

• works on complex or intricate interconnected electrical circuits at a level above €8.

• works on complex radio/communication equipment.

(b) Tradesperson, Mechanic C8 (i) Employees classified as tradesperson or

mechanic, are expected to: • exercise the skills attained through

satisfactory completion of the training prescribed for this classification.

• provide trade guidance and assistance as part of a work team.

• assist in the provision of training in conjunction with supervisors and trainers.

• Understand and implement quality control techniques.

• Work under limited supervision either individually or in a team environment.

(ii) The following tasks are indicative of what an employee in this classification may perform subject to the employee having the appropri-

ate Trade and Post Trade Training to enable the particular tasks to be performed;

• exercises high precision trade skills using various materials and/or specialised techniques.

• performs operations on a CAD/CAM terminal in the performance of routine modifications to NC/CNC programs.

• installs, repairs and maintains, tests, modifies, commissions and or fault finds on complex machinery and equipment which utilises hydraulic and or pneumatic principles and in the course of such work, is required to read and understand hydraulic and pneumatic circuitry which controls fluid power systems.

• works on complex intricate circuitry which involves examining, diagnosing and modifying systems comprising inter-connected circuits.

(c) Engineering Tradesperson Level II C9— (Relativity to €10—105%)

(i) An Engineering Tradesperson Level II is an: Engineering Tradesperson (electrical/ electronic) Level II; or Engineering Tradesperson (mechanical) Level II or Engineering Tradesperson (fabrication) Level II:

who has completed the following training requirement including appropriate on-the-job training:

three appropriate modules in addition to the training requirements of €10 level;

and where practical the modules should be identified in the Enterprise Training Pro- gramme.

(ii) An Engineering Tradesperson Level II works above and beyond a Tradesperson at €10 and to the level of the employee's training:

• exercises the skills attained through satisfactory completion of the training prescribed for this classification;

• exercises discretion within the scope of this grade;

• works under limited supervision either individually or in a team environment;

® understands and implements quality control techniques;

® Provides trade guidance and assistance as part of a work team;

• Exercises trade skills relevant to the specific requirements of the enterprise at a level higher than Engineering Tradesperson Level 1.

(iii) Tasks which an employee at this level may perform are subject to the employee having the appropriate Trade and Post Trade Train- ing to enable to particular tasks to be performed.

(d) Engineering Tradesperson Level I €10— (i) An Engineering Tradesperson Level I holds

a Trade Certificate or Tradesperson Rights Certificate as an:

Engineering Tradesperson (electrical/ electronic) Level I; or Engineering Tradesperson (mechanical) Level I; or Engineering Tradesperson (fabrication) Level I; and is able to exercise the skills and knowledge of that trade.

(ii) An Engineering Tradesperson Level I works above and beyond an employee at C11 and to the level of the employee's training:

• understands and applies quality control techniques;

• exercises good interpersonal and communication skills;

• exercises keyboard skills at a level higher than Cll;

• exercises discretion within the scope of this grade;

• performs work under limited supervision either individually or in a team environment;

• operates all lifting equipment incidental to the employee's work;

• performs non-trade tasks incidental to the employee's work;

• performs work which while primarily involving the skills of the employee's trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training.

• is able to inspect products and/or material for conformity with established operational standards.

(e) Trades Assistant C11— (i) An employee classified as a trades assistant

are expected to: • work from complex instructions and

procedures; • assist in the provision of on the job

training to a limited degree; • Co-ordinates work in a team environ-

ment or work individually under general supervision;

• Be responsible for assuring the quality of the employee's own work.

(ii) Indicative of the tasks which an employee at this level may perform are the following:

• use precision measuring instruments; • machine setting, loading and operation; • rigging (certificated); • inventory and store control including; • licensed operation of all appropriate

materials handling equipment; • use of tools and equipment within the

scope of (basic non-trades) maintenance;

• intermediate keyboard skills; • basic engineering and fault finding

skills; • basic quality checks on the work of

others; • use a knowledge of the employer's

operations as it related to production processes;

• lubricate production machinery equipment;

• assist in the provision of on the job training in conjunction with tradespersons and supervisor/trainers.

(5) Leading Hand Allowances for all purposes of the award

A leading hand appointed by the employer and responsible for the work of:

(a) Not less than three and not more than 10 other employees shall be paid an additional sum per week as prescribed in Schedule 4.

(b) More than 10 and not more than 20 other employees shall be paid an additional sum per week as prescribed in Schedule 4.

(c) More than 20 other employees shall be paid an additional sum per week as prescribed in Schedule 4.

7.—Hours. (1) The ordinary hours of work shall be an average of 38

per week to be worked in one of the following ways. (a) 38 ordinary hours over not more than 5 days

within a work cycle of seven consecutive days; or (b) 76 ordinary hours over not more than 10 days in

a work cycle not exceeding fourteen consecutive days; or

(c) 114 ordinary hours over not more than 15 days in a work cycle not exceeding twenty-one consecutive days; or

(d) 152 ordinary hours over not more than 19 days in a work cycle not exceeding twenty-eight consecutive days.

(2) The ordinary hours of work may be worked on any or all days of the week up to five consecutive shifts and shall be worked between the hours of 7.00 a.m. and 6.00 p.m; provided that the spread of hours may be altered by agreement between the employer, the majority of employees and relevant union(s) in the plant, section or sections concerned.

(3) The ordinary hours of work shall not exceed 10 any day; provided that—

(a) in any arrangement of ordinary working hours in excess of 8 hours on any day, the arrangement of hours shall be subject to agreement between the employer, the majority of employees in the plant, section or sections concerned and relevant union(s); and

(b) by arrangement between the employer, majority of employees in the plant, section or sections concerned, and relevant union(s), ordinary hours, not exceeding 12 on any day, may be worked subject to—

(i) the employer and the employees concerned being guided by the Occupational Health and Safety provisions of the Australian Council of Trade Unions ('ACTU') Code of Conduct on 12-hour shifts.

(ii) proper health monitoring procedures being introduced;

(iii) suitable roster arrangements being made; and (iv) proper supervision being provided.

(4) (a) An employee shall be entitled to an unpaid meal break of between 30 minutes and one hour duration, between the end of the third hour and before the fifth hour of work. Shift workers shall receive a paid meal break of 20 minutes.

(b) The employer may stagger the time of taking a meal or rest break to meet operational requirements.

(c) When an employee is required, as directed by the employer, for duty during the employees usual meal break and the meal break is thereby postponed for more than half an hour, the employee shall be paid at overtime rates until the employee gets the meal break.

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

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

(6) (a) Rostered Days Off ('RDOs') shall accrue as leisure time and where possible shall be given as rostered leisure time.

(b) If a RDO cannot be granted as leisure time in the month, it may be carried over or accrued up to a maximum of 12 RDOs.

(c) Accrued RDOs may be taken either as leisure time or paid out up to a maximum of 5 RDOs at ordinary rates in the first pay period commencing on or after 16 September of any year.

(d) An employee shall nominate within four weeks which week RDOs are to be paid.

8.—Rosters. (1) Employees shall be consulted in the construction of

rosters through employee nominated representatives with the aim of achieving an even spread of hours across the workforce but the supervisor shall be responsible for determining duties to be performed.

(2) Rosters showing each employees' commencing and ceasing time for ordinary hours on each day of the week shall be posted in a place accessible to all employees. The roster may be varied by the employer providing seven days notice of change or by mutual agreement between the employer and the employee. The 7 days notice shall not apply to transport employees. Failing initial agreement the employer may give 24 hours notice to an individual employee of a roster change without penalty. The employee should be paid in accordance to actual hours worked.

9.—Overtime. (1) Unless otherwise provided, all work done outside the

ordinary hours of duty or outside the daily rostered start and finish times payment shall be made at the rate of time and one half for the first two hours and double time thereafter.

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

(3) Notwithstanding anything contained in this award the employer may require any employee to work reasonable overtime at overtime rates, and such employee shall work overtime in accordance with such requirements.

(4) In the calculation of overtime rates, each day's work shall stand alone.

(5) The overtime rates prescribed in this clause shall not apply to employees who work overtime—

(a) because of a private arrangements between employees; or

(b) to give effect to the periodical rotation of shifts. (6) (a) All time worked outside the ordinary hours of duty

or outside the daily rostered start and finish times on Sundays or after 12.00 noon on Saturdays shall be paid for at the rate of double time.

(b) All time worked on any day prescribed as a holiday under this award shall be paid for at the rate of double time and one half, however at the employees request they may be paid time and one half and an accrued day off at single time which must be cleared within 12 months of accrual.

(7) When an employee is required for duty during any meal time so that the meal time is postponed for more than half an hour, the employee shall be paid at overtime rates until the employee gets a meal.

(8) An employee who has left the employer's premises after completing an ordinary day's work shall if recalled to work overtime, be paid for a minimum of four hours at the appropriate rate.

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

(b) An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of overtime until the employee has had ten consecu-

tive hours off duty without loss of pay for ordinary working time occurring during the absence.

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

(d) The provisions of this subclause shall apply in the case of shift employees as if eight hours were substituted for ten hours when overtime is worked:

(i) For the purpose of changing shift rosters; or (ii) Where a shift employee does not report for

duty and a day employee or shift employee is required to replay such shift employee;

(iii) Where a shift is worked by arrangement between the employees.

10.—Shift Work. (1) (a) An employee employed on early morning or

afternoon shift, shall be paid 15 per cent in addition to the ordinary rate.

(b) An employee employed on night shift shall be paid W'hVo in addition to the ordinary rate.

(2) For the purpose of this award, unless otherwise provided;

"early morning shift" means any shift commencing before 7.00 a.m;

"afternoon shift" means any shift where the ordinary hours finish at or before midnight;

"night shift" means any shift where the ordinary hours finish after midnight and at or before 8.00 a.m.

(3) The rate prescribed in this clause shall be paid in addition to upon the Saturday and Sunday rates prescribed in Clause 11.—Saturday and Sunday Rates and the Public Holiday rates prescribed in Clause 20.—Holidays of this award.

11.—Saturday and Sunday Rates. (1) (a) All work performed during the ordinary working

hours on a Saturday shift shall be paid for at the rate of time and one half.

(b) All work performed during the ordinary working hours on a Sunday shift shall be paid for at the rate of double time.

(2) For the purposes of subclause (1) of this clause a Saturday or Sunday shift shall be deemed to be any shift which commences between midnight Friday and midnight Saturday or midnight Saturday and midnight Sunday respectively, irrespective of the number of hours worked on such days.

12.—Meal Money. (1) (a) Subject to the provisions of this clause an

employee who is required to continue working after the usual ceasing time for more than two hours shall be supplied with a meal the employer or be paid the allowance for a meal prescribed in Schedule 4.

(b) For the purpose of paragraph (a) of this subclause the continuity of work shall not be deemed to have been interrupted by any meal break allowed.

(2) Where the amount of overtime worked is at least four hours from the time the employee became entitled to a meal, the employer shall supply an additional meal or pay to the employee the meal allowance prescribed in Schedule 4 for each additional meal.

(3) Subclause (1) and (2) of this clause shall not apply— (a) in respect of any period of overtime for which the

employee has been notified on the previous day or earlier that the employee will be required; or

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

(4) If an employee to whom paragraph (a) of subclause (3) of this clause applies has, as a consequence of the notification referred to in that paragraph, provided themself with a meal or meals and is not required to work overtime in excess of two hours, the appropriate amount prescribed in paragraph (a) of subclause (1) of this clause shall be paid.

13.—Higher Duties. (1) An employee engaged for more than two hours of a

day or shift on duties carrying a higher rate than the employees ordinary classification shall be paid the higher rate for such day or shift. If employed for less than two hours of one day or shift the employee shall be paid the higher rate for the time so worked.

(2) This clause shall not apply where an employee is performing duties for the sole purpose of training in accordance with the enterprise training programme defined in Clause 26.—Training.

14.—Payment of Wages. Wages shall be paid weekly by the employer by electronic

funds transfer on any set day Monday to Friday.

15.—Superannuation. The employer shall continue to apply superannuation

arrangements in line with the Superannuation Guarantee Act.

16.—No Reduction. Nothing contained in this award shall entitle the employer

to reduce the wage of any employee who at the 16th day of September 1994 was being paid a higher rate of wage than the minimum prescribed for the employee's class of work.

Part 2—Leave Provisions

17.—Annual Leave. (1) A period of four consecutive weeks' leave with

payment of ordinary wages as prescribed shall be allowed annually to an employee by the employer after a period of 12 months' continuous service with the employer, unless otherwise provided in this clause.

(2) Before going on leave, an employee shall be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave during the relevant period.

(3) (a) Subject to (a) and (b) hereof, during a period of annual leave an employee shall receive a leave loading of 1772% calculated on the ordinary rate of wage.

(b) Where the employee would have received any additional rates for the work performed in ordinary hours, as prescribed by this award, had the employee not been on leave during the relevant period and those additional rates would have entitled the employee to a greater amount than the loading of 17%, then those additional rates shall be added to the employee's ordinary rate of wage in lieu of the 17% loading.

(c) Provided further, that if the additional rates would have entitled the employee to a lesser amount than the loading of 1772%, then the loading of 17% shall be added to the employee's ordinary rate of wage in lieu of the additional rates.

(4) The loading prescribed by subclause (3) of this clause shall not apply to proportionate leave due on termination of the employment.

(5) (a) An employee whose employment terminates after completing a 12 monthly qualifying period, and who has not been allowed the leave prescribed under this clause in respect of that qualifying period, shall be given payment as prescribed in subclauses (2) and (3) of this clause in respect of that qualifying period, in lieu of that leave or in lieu of so much of that leave as has not been

allowed unless the employee has been justifiably dismissed for misconduct; and the misconduct for which the employee has been dismissed occurred prior to the completion of that qualifying period.

(b) If, after one month's continuous service in any qualifying 12 month period, an employee lawfully leaves employment, or employment is terminated by the employer through no fault of the employee, the employee shall be paid 2.923 hours' pay at the rate of wage prescribed by subclause (1) of this clause, divided by 38, in respect of each completed week of continuous service in that 12 month period.

(6) If any award holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to that period one paid day at single time being an ordinary working day for each of those holidays.

(7) Any time in respect of which an employee is absent from work, except time for which the employee is entitled to claim sick pay or time spent on holidays, annual leave or long service leave as prescribed by this award, shall not count for the purpose of determining the employee's right to annual leave.

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

(9) (a) An employer may require an employee to take annual leave within twelve months of that leave falling due.

(b) Leave may be taken in blocks of less than four weeks, by mutual agreement between the employer and employee.

18.—Bereavement Leave. (1) (a) On the death of a spouse, defacto spouse, child,

step child, parent, step parent, parent in law, brother, sister or any other person who immediately before that person's death lived with the employee as a member of the employee's family, the employee shall be entitled to bereavement leave with out loss of pay for a period not exceeding the number of hours worked by the employee in two ordinary working days.

(b) Reasonable proof of the death for the entitlement to be taken shall be furnished by the employee to the employer at the employer's request.

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

(3) An employee shall not be entitled to claim payment or compassionate leave on a day when that employee is absent on an accrued day off in accordance with the provisions of subclauses (1) and (2) of Clause 7.—Hours of this award.

(4) An employee on compassionate leave prescribed by this clause, shall continue to accrue an entitlement to an accrued day off as prescribed in subclauses (1) and (2) of Clause 7.—Hours of this award and all other entitlements.

19.—Long Service Leave. (1) The Long Service Leave provisions except for Clause

3.—Period of Leave publised in Volume 73 of the Western Australian Industrial Gazette at pages 1 to 4 shall be applied to employees employed under die terms of this award.

(2) The following shall apply in lieu of Clause 3.—Period of Leave of the Long Service Leave Provisions.

(a) The leave to which an employee shall be entided or deemed to be entided shall be as provided in this subclause.

(b) Subject to the provisions of paragraphs (e) and (f) of this subclause:

74 W.A.I.G. !£! m

Where an employee has completed at least ten years' service the amount of leave shall be:—

(i) in respect of each ten years' service so completed 13 weeks' leave;

(ii) in respect of ten years' service after the first ten years—13 weeks' leave;

(iii) on termination of the employee's employment (aa) by death; or (bb) in any circumstances, otherwise than by

the employer for serious misconduct; in respect of the number of year's service with the employer completed since the employee last became entitled to an amount of long service leave a proportionate amount on the basis of 13 weeks for ten year's service.

(c) Subject to the provisions of paragraph (f) of this clause, where an employee has completed at least seven years' service but less than ten years' service since commencement and his/her employment is terminated:

(i) by his/her death; or (ii) in any circumstances, otherwise than by the

employer for serious misconduct; the amount of leave shall be such proportion of 13 weeks' leave as the number of completed years of service bears to ten years.

(d) In the cases to which (iii) of subclause (b) and subclause (c) of this clause apply the employee shall be deemed to have been entitled to and to have commenced leave immediately prior to the termination.

(e) An employee whose service with the employer commenced before July 1, 1981, and whose service would entitle him/her to long service leave under this clause shall be entitled to leave calculated on the following basis:

(i) for each completed year of service commencing before October 1, 1964, an amount of leave calculated on the basis of 13 weeks' leave for 20 years' service; and

(ii) for each completed year of service in the period commencing on or after October 1, 1964 and concluding June 30, 1981, an amount of leave calculated on the basis of 13 weeks' leave for 15 years' service; and

(iii) for each completed year of service commencing on or after July 1, 1981, an amount of leave calculated on the basis of 13 weeks' leave for ten years' service.

Provided that the employee shall not be entitled to long service leave until the completed years of service entitled the employee to the amount of long service leave prescribed in either paragraphs (i) and (ii) of subclause (b) of this clause as the case may be.

(f) An employee to whom paragraphs (iii) of subclause (b) and subclause (c) apply whose service with an employer commenced before July 1,1981, shall be entitled to an amount of long service leave calculated on the following basis:

(i) for each completed year of service commencing before October 1, 1964 an amount of leave calculated on the basis of 13 weeks; leave for 20 years' service; and

(ii) for each completed year of service in the period commencing on or after October 1, 1964 and concluding June 30, 1981, an amount of leave calculated on the basis of 13 weeks' leave for 15 years' service; and

(iii) for each completed year of service commencing on or after July 1, 1981 an amount of leave calculated on the basis of 13 weeks' leave for ten years' service.

20.—Holidays. (1) (a) The following days, or the days observed in lieu

shall, subject to this clause, be allowed as holidays without deduction of pay: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sover- eign's Birthday, Christmas Day and Boxing Day; provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.

(b) When any of the days mentioned in paragraph (a) of subclause (1) of this clause falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on die next succeeding Thesday.

In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(2) All time worked on a holiday prescribed in subclause (1) of this clause shall be paid for at the rate of double time and a half, however at the employee's request the employee may be paid time and one half and an accrued day off at single time which must be cleared within 12 months of accrual.

(3) Where an employee is required for duty on a holiday the employee shall be paid for a minimum of four hours at the rate appropriate to the day.

(4) When an employee is on duty or is available for duty on the working day immediately preceding a holiday, or resumes duty or is available for duty on the whole of the working day immediately following a holiday, as prescribed in subclause (1) of this clause the employee shall be paid for that holiday, provided that any employee on paid sick leave shall be entitled to the paid for sick holiday subject to proof of that illness at the request of the employer.

21.—Sick Leave. (1) (a) An employee who is unable to attend or remain

at their place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during that absence in accordance with the provision of this clause.

(b) An employee who works an average of 38 ordinary hours each week during a particular work cycle shall be entitled to pay during such absence calculated as follows:

duration of absence X appropriate weekly rate

ordinary hours nor- 5

mally worked that day (c) An employee shall not be entitled to claim

payment for personal ill health or injury nor will his/her sick leave entitlement be reduced if such ill health or injury occurs on the week day he/she is to take off duty occasioned by subclause (1) of Clause 7.—Hours of this award.

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

(e) Entitlement to payment shall accrue at the rate of l/6th of a week for each completed month of service with the employer.

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

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

(3) (a) To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of his/her inability to attend for work, the nature of their illness or injury and the estimated duration of the absence.

(b) That advice, other than in extraordinary circumstances, shall be given to the employer within 24 hours of the commencement of the absence.

(c) Where practicable notification of absence due to sickness is to be given no later than two hours after the normal start time. In the case of shift employees, where practicable, the notification is to be given prior to the start of normal shift hours.

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

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

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

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

(d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is to be replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 17.— Annual Leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 17.—Annual Leave shall be deemed to have been paid with respect to the replaced annual leave.

(6) Where a business has been transmitted from one employer to another and the employee's service has been

deemed continuous in accordance with subclause (3) of Clause 2.—Long Service Leave provisions published in Volume 73 of the Western Australian Industrial Gazette at page 1 to 4, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmitter shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

(7) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation and Rehabilitation Act 1981 nor to employees whose injury or illness is the result of the employees' own misconduct.


22.—Parental Leave. The parental leave provisions contained in the Industrial

Relations Act 1988 as amended in force on 16 September 1994 will apply to employees under this award.

Part 3—Other Allowances and Conditions.

23.—Vehicle Allowance. (1) Where an employee is required during normal working

hours by the employer to work outside the usual place of employment, the employer shall pay the employee any reasonable travelling expenses incurred except where an allowance is paid in accordance with subclause (2) of this clause.

(2) (a) Where an employee is required and authorised to use their own motor vehicle in the course of their duties the employee shall be paid an allowance not less than that provided for in Schedule 3 of this Award; provided that the employer and the employee may make any other arrangements as to an allowance no less favourable to (he employee.

(b) Where an employee in the course of a journey travels through two or more of the separate areas, payment at the rates in Schedule 3 of this Award shall be made at the appropriate rate applicable to each of the separate areas traversed.

(c) A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next following.

24.—Other Allowances. The following allowances shall apply in accordance with

the rates prescribed in Schedule 4 to this Award. (1) Freezer Allowance (2) Training Allowance (3) BPU Drivers (4) Dryer Cleaning (5) Dirt Money (6) Confined Space

25.—^Protective Clothing. If an employee is required to wear rubber boots,

waterproof apron, overall, or a uniform, the employer shall provide them free for use by the employee. The rubber boots, waterproof apron, overall or uniform shall remain the property of the employer and shall be returned when required in good order and condition, fair wear and tear accepted.

26.—Training. (1) The parties to this Award recognise that in order to

increase the efficiency of Masters Dairy's operations, a commitment to training and skills development is required. Accordingly the parties commit themselves to;

(a) Developing a more highly skilled and flexible workforce;

(b) Providing employees with career opportunities through appropriate training to acquire additional skills;

(c) Ensuring better paid and more satisfying jobs for employees.

74 W.A.I.G. 2' •75

(2) The parties agree to the formation of relevant training committees which, in consultation with individual employees to be affected, will develop training programs to ensure the upgrading of employees' skills. Through an agreed training period developed in consultation with the relevant Unions, an employee undertaking training may perform tasks at a higher classification but not receive payment at the rate appropriate to that classification whilst under supervision. Upon the successful completion of the training program(s), the employee shall receive payment for all work performed at a higher classification.

(3) Following consultation between the employer, the union(s) and the training committee, training programs may be developed consistent with:

(a) The current and future skill needs of the workforce.

(b) The size, structure and nature of the operation of the enterprise.

(c) The need to develop vocational skills relevant to the enterprise through courses conducted by accredited training institutions and providers.

(4) The employer will pay all agreed costs associated with an approved training course, including apprentices, which is only available externally. All time spent undertaking training will be paid as time worked.

27.—Redundancy. (1) Discussions before Tfermination:

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

(b) The discussion shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of paragraph (a) of this subclause and shall cover any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(c) For the purpose of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and their union(s), all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that the employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer's interest.

(2) Transfer to lower paid duties: Where an employee is transferred to lower paid

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

(3) Severance pay: (a) In addition to the period of notice prescribed for

ordinary termination in subclause (a)(i)—(a)(vi) of subclause (9) of Clause 5.—Contract of Service, and subject to any further order of the Western Australian Industrial Relations Commis- sion, an employee whose employment is terminated for reasons set out in subclause (1) of this

clause shall be entitled to the following amount of severance pay in respect of a continuous period of service. Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date. Period of continuous service Severance

Pay 1 year or less Nil Over 1 year and up to the 4 weeks completion of 2 years Over 2 years and up to the 6 weeks completion of 3 years Over 3 years and up to the 7 weeks completion of 4 years Over 4 years 8 weeks

(b) "Weeks pay" means the ordinary time rate of pay for the employee concerned.

(4) Employee leaving during notice: An employee whose employment is terminated for

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

(5) Alternative employment: The employer in a particular redundancy case may make

application to the Western Australian Industrial Relations Commission to have the general severance pay prescriptions varied if the employer obtains acceptable alternative employment for an employee.

(6) Time off during notice period: (a) During the period of notice of termination given

by the employer for reasons set in subclause (1) of this clause, an employee shall be allowed up to one day off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, produce proof of attendance at any interview or the employee shall not receive payment for the time absent.

(c) For this purpose a statutory declaration will be sufficient.

(7) Notice to Commonwealth Employment Service: Where a decision has been made to terminate an

employee in the circumstances outlined in subclause (1) of this clause, the employer shall notify the Commonwealth Employment Service thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(8) Superannuation Benefits: (a) Subject to any further order of the Western

Australian Industrial Relations Commission where an employee whose employment is terminated receives a benefit from a superannuation scheme, the employee shall receive under subclause (3) of this clause only the difference between the severance pay specified in that subclause and the amount of the superannuation benefit the employee receives which is attributable to employer contributions only.

(b) If the superannuation benefit is greater than the amount due under subclause (3) of this clause then the employee shall receive no payment under that subclause.

(c) Provided that benefits arising directly or indirectly from contributions made by an" employer in accordance with an award, agreement or order

2976 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE

made or registered under the Industrial Relations Act 1979 shall not be taken into account unless the Western Australian Industrial Relations Commis- sion so orders in a particular case.

(9) Transmission of business: (a) Where before or after the 16 September 1994 a

business is transmitted from an employer (in this subclause called "the transmitter") to another employer (in the subclause called "the transmittee") and an employee who at the time of such transmission was an employee of the transmitter in that business becomes an employee of the transmittee:

(i) The continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

(ii) The period of employment which the employee has had with the transmitter shall be deemed to be service of the employee with the transmittee.

(b) In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

(10) Employees with less than one year's service: This clause shall not apply to employees with less than

one year's continuous service and the general obligation on employers shall be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity and to take whatever steps are reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(11) Employees exempted: This clause shall not apply where employment is

terminated as a consequence of conduct that justifies instant dismissal (including malingering, inefficiency or neglect of duty) or casual employees or employees engaged for a specific period of time or for a specified task or tasks for a period of less than twelve months.

Part 4—Other Provisions.

28.—Introduction of Change. (1) (a) Where the employer has made a definite decision

to introduce major changes in production, programme, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and their union.

(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where the award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

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

(b) The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in subclause (1) of this clause.

74 W.A.I.G.

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

29.—Settlement of Disputes and Claims. (1) Any dispute arising from this agreement shall be dealt

with in accordance with the following procedure: (a) The matter shall first be discussed between the

employee affected and the appropriate team leader.

(b) If not settled the matter shall be discussed between the accredited union representative and the manager or other appropriate representative of the employer.

(c) If not settled the matter may be referred to the Consultative Committee for discussion.

(d) If not settled the matter shall be discussed between the Branch Secretary of the Union or other appropriate official of the Union and the appropriate representative of the employer.

(2) A time limit of two working days should apply to each step of the procedure in subclause (1) of tis clause.

(3) While the matter in dispute is being discussed in accordance with the dispute settlement procedure, work shall continue and the status quo as applying before the dispute shall be maintained.

(4) No party shall be prejudiced in relation to the final settlement by the continuance of work in accordance with this clause.

(5) It shall be open to either party at any time to seek the assistance of the Western Australian Industrial Relations Commission in resolving any dispute.

(6) In the event of a work stoppage, such employees as are necessary shall, where appropriate, complete production in process to avoid spoilage and clean the plant according to hygiene requirements before stopping work.

(7) In the event of a stoppage of work, employees will be available to ensure that hospitals and institutions have available a milk supply and export orders are not disrupted.

30.—Stoppages/Stand Downs. (1) The employer is entitled to deduct payment for any

day upon which an employee (including an apprentice) cannot be usefully employed because of a strike by any of the unions party to this award, or by any other association or union.

(2) The provisions of subclause (1) of this clause also apply where the employee cannot be usefully employed through any cause which the employer could not reasonably have prevented but only if, and to the extent that, the employer and the union or unions concerned so agree or, in the event of disagreement, the Western Australian Industrial Relations Commission so determines.

(3) Where the stoppage of work has resulted from a breakdown of the employer's machinery the Western Australian Industrial Relations Commission, in determining a dispute under subclause (2) of this clause shall have regard for the duration of the stoppage and the endeavours made by the employer to repair the. breakdown.

31.—Disciplinary Procedure. If the employer has reason to counsel an employee with

regard to work performance or conduct, the following procedure should generally be followed:

(1) The employee shall be verbally warned with regard to the performance or conduct and advised of the employer's expectations and how they can be met. The employee will also be advised that the

74 W.A.I.G. 2' 177

verbal warning will be recorded and be requested to initial such record.

(2) In the event that the employee's conduct or performance does not improve following the verbal warning, the employee shall be further counselled and issued with a letter outlining the areas required to be improved and stating if there is no improvement the employer may terminate the employees services. The employee will be offered the opportunity of having a union delegate or other employee present at this counselling as a witness. The letter will provide a probationary period during which the employee's conduct or performance will be reviewed. A written warning shall be inactive after 12 months, however this shall not mean that warning did not occur.

(3) If after the letter, there is no improvement in the employees conduct or performance, the employee may be dismissed.

(4) Nothing in this clause prevents the employer from instantly terminating an employee for misconduct justifying instant dismissal.

(5) Nothing in this clause prevents the employee from disputing any warning given by the employer.

32.—Time and Wages Record. (1) The employer shall keep a time and wages book

showing the name of each employee, the nature of the employee's work, the hours worked each day, and the wages and allowances paid each week. Any system of automatic recording by means of machines shall be deemed to comply with this provision to the extend of the information recorded.

(2) The time and wages record shall be open for inspection by a duly accredited official of the union during the usual office hours, at the employer's office or other convenient place, and the official 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 but if for any reason the record be not available at the works when the official calls to inspect it, it shall be made available for inspection within 24 hours, either at the employer's office or at the works.

33.—Posting of Award and Union Notices. The employer shall have a copy of this award accessible

for employees and shall provide a notice board for the posting of union notices.

34.—Right of Entry. (1) Accredited representatives of the union shall be

permitted to interview the employees on the business premises of the employer during non working times or meal breaks, provided they advise the employer prior to entering the premises.

(2) In the case of a dispute between the union and an employer which is likely to lead to a cessation of work or to an application to the Commission and which involves the inspection of employees or of machines in the process of production, such union representatives shall have right of entry into the factory at any time during which the employees or machines concerned are working, provided they advise the employer prior to entering the factory.

Schedule 1—Parties to Award. The unions party to this Award are:

• The Australian Liquor, Hospitality and Miscella- neous Workers Union, Miscellaneous Workers Division, Western Australian Branch

• Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch

• Metals and Engineering Workers' Union—West- ern Australian Branch

The employer party to this Award is: • Masters Dairy Limited

Schedule. 2—Wage Rates, j Production Effective

06.05.94 Dairy Production Worker Grade 1 $341.03 Dairy Production Worker Grade 2 $375.60 Dairy Production Worker Grade 3 $383.15 Dairy Production Worker Grade 4 $391.54 Dairy Production Worker Grade 5 $408.41 Dairy Production Worker Grade 6 $416.79 Dairy Production Worker Grade 7 $433.66

2. Transport Driver Grade 3 $395.58 Driver Grade 4 $407.48 Driver Grade 6 $423.31 Driver Grade 7 $431.28

3. Maintenance Tradesperson Mechanic Grade Cll $398.99 Tradesperson Mechanic Grade C10 $431.80 Tradesperson Mechanic Grade C9 $453.43 Tradesperson Mechanic Grade C8 $496.24

Schedule 3—Vehicle Allowances. (1) Motor Car Allowances

Area and Details ,EnSin5. Displacement (in cubic centimetres) Rate per kilometre Over 1600 cc 1600cc

2600 cc -2600 cc & Under Rate per Kilometre: c/km c/km c/km Metropolitan Area 51.6 46.2 40.2 South West Land Division 52.8 47.4 41.2 North of 23.5' South Latitude 58.0 52.2 45.4 Rest of State 54.6 48.9 42.5 Motor vehicles with rotary engines are to be included in the 1600-2600cc category.

(2) Motor Cycle Allowances Distance Travelled Dur- âte

ing a Year on Official c/'cm

Business Rate per Kilometre 17.8

Schedule 4—Other Allowances. (1) Freezer Allowances:

Van Salesperson $1.40 per day (b) Storeperson $0.67 per hour

(2) Train Allowance $0.50 per hour when driving B. Train

(3) BPU Drivers $3.09 per day for milk testing

(4) Dryer Cleaning $0.94 for every dryer cleaned

(5) Dirt Money $0.33 per hour (6) Confined Space $0.39 per hour (7) Meal Money $6.50 (8) Driver (General)—over 43 $0.79 for each addi-

tonnes all purposes of the tional tonne over 43 award allowance tonnes to be paid for all

purposes of the award as part of the weekly wage.

(9) Van Driver—Salesperson $6.90 per week extra allowance per week for all purposes of the Award

(10) Leading Hand allowance for all purposes of the Award

(a) Not less then 3 and not $17.90 per week more than 10 other employees

(b) More than 10 and not $26.70 per week more than 20 other employees

(c) More than 20 other cm- $33.90 per week ployees


Schedule 5—Existing Definitions. The following definitions applied at the time this Award

issued on 16 September 1994. They are of relevance in the application of quality control and standards. They are reproduced here as a record and for proper reference.

(1) Definitions for Production Employees includes: (a) Cheese Room Hand shall mean a person who

participates in the cutting, packing and storing of cheese who is not a Cheese maker or Assistant Cheese maker.

(b) Laboratory Attendant shall mean an employee who under general supervision assists in a laboratory or test room and whose duties may include sampling, testing, recording, bottle washing and the care of materials used in a laboratory or test room.

(c) Laboratory Tbchnical Assistant Unqualified shall mean an employee engaged in, and responsible for, technical activities including chemical and biological analyses at a level included in Level 1 duties as defined without direct supervision and control.

In addition, the employee shall satisfy the following conditions:

(i) have attained a grade of 6 or better in the Tertiary Admissions Examination in at least mathematics, chemistry and, if appropriate, a biological science subject; and

(ii) hold W.A. Milk and Cream Tfesters and Graders' Certificates or a recognised equivalent.

Notwithstanding the foregoing, an employee who does not satisfy the conditions of (i) and/or (ii) above, and who is required by the employer to undertake the aforementioned duties without supervision shall be classified by the employer as a Laboratory Technical Assistant, after having carried out the duties required for a continuous period of six months which time shall be probationary and not count as experience.

(d) Laboratory Tbchnical Assistant—Qualified shall mean a Laboratory Technical Assistant Unquali- fied, who holds the TAPE certificate in laboratory practices or a recognised equivalent.

(e) Laboratory Tfcchnician shall mean an adult employee engaged in and responsible for technical activities involving the exercise of knowledge, judgement and skill in performing duties at a level included in Level II duties as defined, without supervision.

In addition, the employee shall satisfy the following conditions:

To be classified as a Laboratory Technician, the employee shall:

(i) hold W.A. Milk and Cream Tfesters and Graders Certificate; and

(ii) hold a Diploma in Dairy or Food Tfechnol- ogy, or a Diploma in Laboratory Tfechniques, or a recognised equivalent or superior qualification appropriate to the work; and

(iii) have had at least two years experience as a Laboratory Tbchnical Assistant or other industry experience deemed by the employer as equivalent and sufficient to enable the required duties to be undertaken.

(iv) Notwithstanding the foregoing, an employee who does not satisfy the conditions of (i), (ii) or (iii) above, and who is required by the employer to undertake the aforementioned duties without supervision, may be classified by the employer as a Laboratory Technician, after having carried out those duties for a continuous period of six months.

(f) Laboratory Duties:— (i) Level I Duties:

• Sampling and collecting of raw and manufactured product.

• Temperature monitoring and thermome- ter checking—incubators, refrigerators, cool rooms, vats, heats exchangers, recorders, etc.

• Checking under and over fills. • Cleaning of laboratory equipment and

facilities. • Testing solution strengths, e.g. cleaning

solution, chain lubricants, etc. • Simple water analysis—boiler water,

brine, cooling towers, mains and bore water.

• Ph and acidity testing of all products. • Butterfat analysis—Babcock, Milko

Tfester and Milko Scan. • Total solids analysis—hydrometric,

gravimetric and Milko Scan. • Phosphatase, resazurin and methylene

blue testing. • Freezing point depression. • Homegenisation index. • Sugar content—Brix Refractometer. • Viscosity testing. • Routine calibration of equipment. • Media and reagent preparation. • Sterilising equipment and materials. • Biological testing: standard plate count,

presumptive coliform test, presumptive E coli test, yeast and mould plate count, plant swabs.

• Carry out other duties of equivalent technical sophistication as required.

• Assist with research and development work under supervision.

(ii) Level II Duties: • Performance and interpretation of all

level I analyses. • Non routine and routine analysis requir-

ing a higher level of technical ability than Level I duties.

• Initiate action in response to routine testing in Level I duties.

• Calibration of equipment. • Maintenance of stock levels of consum-

ables. • Culture preparation. • Assist with research and development

work where required. • Carry out other duties of equivalent

technical ability as required. (2) Dairy Production Worker—Grade I shall mean a new

employee with less than three months of employment in the industry who performs routine duties under supervision.

(3) (a) Dairy Production Worker—Grade II shall mean an employee classified as such engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties under supervision beyond the skills of a Grade I employee and who, may be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained—

(b) Special Duties—Grade II (i) Recrater/Decrater

(ii) Cool Room Hand (iii) Wheeler (iv) Yard Person

74 W.A.I.G. 2!

(v) Auto Cutting (Cheese Section) (vi) Spotter

(vii) Hand Packer (viii) Machine Feeder

(ix) Hand Conveyor Loader (x) Box Maker

(xi) Powdered Milk Bagger (xii) Cleaner (General)

(4) (a) Dairy Production Worker—Grade III shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties with routine supervision, beyond the skills of a Grade II employee and who, may, be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained.

(b) Special Duties—Grade II (i) Mobile Electric Milk Crate Lifter

(ii) Cheese Room Hand (Machine Operator) (iii) Mill Attendant (Casein/Cheese Manuf

Plants) (iv) Separator Operator (v) Freezer Room Hand

(vi) Laboratory Assistant (vii) Bulk Bag Operator (Milk Section)

(viii) Separator Operator (Cheese) (ix) Pickers (x) Dispatch Hands

(xi) Cleaning/Machine Operator (xii) Milk Receiver and Sampler

(5) (a) Dairy Production Worker—Grade IV shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to carry out duties beyond the skills of a Grade III employee and who, may be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained,

(b) Special Duties—Grade IV (i) Pasteuriser (HTST)

(ii) Separator and/or Mix Maker (iii) Machine Operator (Cup) (iv) Tester and Grader (v) Cream Grader (Single)

(vi) Cream Tester (Single) (vii) Assist. Cheesemaker

(viii) Pasteuriser Operator (Cheese) (ix) Butter Cutter (in charge of machine) (x) Vacreator Operator

(xi) Tester and Grader (Casein—Certificated) (xii) Casein Maker

(xiii) Continuous Evaporator (Dryer Operator) (xiv) Machine Operator (Single) (xv) Blow Moulder Operator

(xvi) Reverse Osmosis and/or Ultra Filtration Operator

(xvii) Blender/Mix Maker (xviii) Butter Maker

(xix) Dispatch (Multiple Function) (xx) Boiler Attendant

(6) (a) Dairy Production Worker—Grade V shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties beyond the skills of a Grade IV employee and who, may be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained,

(b) Special Duties—Grade V— (i) Technical Assistant (Unqualified)

(ii) Butter Maker with Certificate (iii) Machine Operator (Multiple) (iv) Auto Form—Fill Aseptic Machine

(v) Blow Moulder Operator (Advanced) (vi) Stores (Advanced)

(vii) Process Controller (UHT, Ultra clean, Pas- teuriser)

(7) (a) Dairy Production Worker—Grade VI shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties, beyond the skills of a Grade V employee, and who, may be required to regularly carry out at least one of the specific duties listed hereunder for which they have been suitably trained.

Special Duties—Grade VI (i) Ifechnical Assistant (Qualified)

(ii) Cheese Maker (Qualified—up to 2 varieties) (iii) Process Controller (Advanced) Automated

Batchmaking and Computerised Plant (8) (a) Dairy Production—Grade VII shall mean an

employee who is classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties beyond the skills required of a Dairy Production Worker—Grade VI and who, may be required to regularly carry out at least one of the specific duties listed hereunder for which they have been suitably trained.

(b) Special Duties—Grade VII (i) Laboratory Tfechnician

(ii) Cheese maker (Advanced—more than 2 varieties)

ON-SITE ENGINEERING INDUSTRIAL AGREEMENT





On-Site Engineering Pty Ltd No. AG 132 of 1994.

On-Site Engineering Industrial Agreement SENIOR COMMISSIONER G.G. HALLIWELL.



No. AG 132 of 1994. HAVING heard Mr W.R. Swain on behalf of the Applicant and No Appearance on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the following schedule titled the On-Site Engineering Industrial Agreement, signed for me for identification, be registered as an Enterprise Bargain- ing Industrial Agreement and shall take effect on the first pay period on or after the 25th day of October, 1994.

(Sgd.) G. G. HALLIWELL, [L.S.] Senior Commissioner.

29! !0 74 W.A.I.G.

Schedule.

1.—Title. This Agreement will be known as the 'On-Site Engineer-

ing Industrial Agreement'. 2.—-Arrangement.

1. Title 2. Arrangement 3. Area and Parties Bound 4. Application 5. Duration 6. Dispute Settlement Procedure 7. Single Enterprise 8. Relationship with Awards 9. Enterprise Agreement

10. Wage Increase 11. Relativities 12. Industry Standards 13. Ratification

Appendix A 3.—Area and Parties Bound.

This is an Agreement between the Australian BuOders' Labourers' Federated Union of Workers, Western Austra- lian Branch (hereinafter referred to as the "Union") and On-Site Engineering Pty Ltd (hereinafter referred to as the "Company") in the State of Western Australia.


Union, its officers and members, and any person eligible to be a member of the Union employed by the Company on work covered by the terms of the Building Trades (Construction) Award 1987, No. R 14 of 1978 (the "Award").





Agreement shall be in the same terms as that outlined in Clause 46.—Settlement of Disputes of the Award.



8.—Relationship with Awards. This Agreement shall be read wholly in conjunction with


9.—Enterprise Agreement. It is agreed that in the event of the Union and the

Company agreeing on the terms of a comprehensive enterprise agreement, this Agreement may be terminated in accordance with the requirements of the Act.


increase in the Award hourly rate resulting in the wage rates at the date of ratification as expressed in Appendix A at Part 1. A following wage increase shall be payable as a further instalment of 2.5% on the first pay period on or after 1 February 1995 resulting in the wage rates also contained in Appendix A at Part 2.

11.—Relativities. The relativities in base rate and supplementary payments


12.—Industry Standards. It is a term of this Agreement that the Company will



Agreement shall come into effect from the first pay period on or after 25th October, 1994.

R. KINNEY R. NOLAN

STATE SECRETARY ON BEHALF OF THE ON BEHALF OF THE UNION COMPANY


Appendix A. Part 1 Part 2

Date of Ratification 1 February 1995 Hourly Weekly Hourly Weekly Rate Rate Rate Rate


ORVARD WA SCAFFOLDING INDUSTRIAL AGREEMENT





Orvad WA Pty Ltd No. AG 138 of 1994.

Orvad WA Scaffolding Industrial Agreement SENIOR COMMISSIONER G.G. HALLIWELL.



No. AG 138 OF 1994 HAVING heard Mr G. Giffard on behalf of the Applicant and there being no appearance on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the following schedule titled the Orvad WA Scaffolding Industrial Agreement, signed for me for identification, be registered as an Enterprise Bargain- ing Industrial Agreement and shall take effect on the first pay period on or after the 11th November, 1994.


74 W.A.I.G. 2'

Schedule.

This Agreement will be known as the 'Orvad WA Scaffolding Industrial Agreement'.

2.—Arrangement. 1. Title 2. Arrangement 3. Area and Parties Bound 4. Application 5. Aims and Objectives of this Agreement 6. Term and Renewal of Agreement 7. Allowances 8. Dispute Settlement Procedure 9. Safety Dispute Resolution

10. Skills Enhancement and Training 11. First on Last Off 12. Overtime 13. Company Based Incentive Scheme 14. Industry Standards 15. Signatories to the Agreement

3.—Area and Parties Bound. This is an Agreement between the Australian BuOders'

Labourers' Federated Union of Workers, Western Austra- lian Branch (hereinafter referred to as the "Union") and Orvad WA Pty Ltd (hereinafter referred to as the "Com- pany") in the State of Western Australia.

4.—Application. (1) This Agreement shall be binding on the Company, the

Union, its officers and employees eligible to be a members of the Union employed by die Company, on scaffolding work covered by the terms of the Building Trades (Construction) Award 1987, No. R 14 of 1978 (the relevant Award).

(2) The provisions of this Agreement are in addition to entitlements specified in the relevant Award and where there is an inconsistency the Agreement shall prevail.

5.—Aims and Objectives of the Agreement. The Objectives of this Agreement are to: (1) Increase the efficiency of the Company by the

effective use of the skills and commitment of the employees of the Company.

(2) Improve the living standards, job satisfaction and continuity of employment of the Company's employees.

(3) Develop best practice standards that are based upon a culture of opportunity, continuous learning and improvement through training.

(4) Ensure that increases in efficiency on the job are implemented in such a way as to ensure that health and safety standards in the industry are maintained.

(5) Provide a mechanism by which disputes can be resolved quickly and in a manner which shall avoid lost

6.—Tferm and Renewal of Agreement. (1) This Agreement shall come into operation from the

date of signing and shall remain in force for a period of two years.

(2) Any party may terminate the Agreement provided three months' notice has first been given in writing.

(3) The parties agree to commence discussions on the terms and conditions of any future Agreement three calendar months prior to the expiration of this Agreement.

7.—Allowances. (1) Unless otherwise agreed in writing between the

Company and the Union, employees will be paid the Labourer Group 2 rate of pay as contained in the relevant award. In addition, the following allowance will be paid:

(a) A rate of $5.25 per hour will be paid to all employees;

(b) This allowance is "all purpose" and shall be included as part of the ordinary rate.

(2) The above rates are in lieu of Clause 9.—Special Rates and Provisions of the Award or allowances contained in particular site agreements.


Agreement shall be the same as that outlined in Clause 46.—Settlement of Disputes of the Award.

9.—Safety Dispute Resolution. (1) It is agreed the Company and their employees have

a responsibility to ensure that workplaces are safe and that employees are not exposed to hazards.

(2) In the event of any disagreements on the necessity to carry out any safety measure or modify, reinforce or reinstate any safety device whatsoever, the procedures set out in this clause will be adopted.

(3) No person shall dismiss a safety complaint. Any complaint should be referred to the Company's safety officer or employee's safety representative to be dealt with in accordance with the following procedures:

(a) Where any employee becomes aware of an unsafe situation, that employee will immediately notify the Company's safety officer or the employee's safety representative.

(b) The Company's safety officer and the employee's safety representative will take immediate action to have the unsafe situation rectified.

(c) Should the Company's safety officer consider that no safety precautions are necessary, he/she will notify the employee's safety representative accordingly as soon as possible.

(d) While there is disagreement on the ruling of the Company's safety officer, the Company's safety officer will arrange for the immediate transfer of all employees from the disputed area.

(e) Should the Company's safety officer be of the opinion that no action is necessary and the employees' safety representative disagrees, an appropriate inspector from the Department of Occupational Health, Safety and Welfare (DOHSWA) will be requested to undertake an inspection of the disputed area for the purpose of resolving any such matter.

(f) If disagreement still exists the chief inspector, construction branch of DOHSWA or his/her nominee will be called in to assist in the resolution of the dispute.

(4) Whilst the above procedure is being followed there will be no stoppage of work in respect of the matter being considered, except in the area alleged to be unsafe.

(5) It is accepted that safety considerations override normal work practices and depending on the degree of potential risk to persons on the job, or the general public, can override normal demarcation practices.

10.—Skills Enhancement and Training. (1) The parties recognise the need to adopt a "total trade"

concept for training and skills acquisition to meet the current and future requirements of the industry. To this end the parties reaffirm their commitment to training and agree that training and retraining of both the workforce and supervision will occur on an ongoing basis.

(2) It is agreed that safety training will be an important component in the structured training programme.

(3) All scaffolding work will be carried out using labour suitably trained and qualified to a standard approved by the Company and the Union.

11.—First on Last Off. (1) The parties agree the continuity of employment is

desirable wherever possible, and that where it is not possible, employees will be retrenched in order of seniority.

(2) When applying the "first on last off" principle it is agreed subject to the caveat of "all things being equal", it

is intended to apply on a state basis rather than a site by site basis.

(3) It is recognised from time to time instances may arise where the employee's individual skills may be subject to this caveat. Where there is any disagreement as to the application of this the matter will be processed in accordance with Clause 8.—Dispute Settlement Procedure of this Agree- ment.

12.—Overtime. (1) The allocation of overtime will be at the employer's

prerogative provided that the employer will not discriminate against any employee.

(2) The practice of "one in all in" will not occur. (3) An overtime roster may be introduced after agreement

is reached between the employees, the Company and the Union.

13.—Company Based Incentive Scheme. (1) The Company may negotiate incentive schemes which

will not affect the terms of this Agreement. These schemes must ensure that the Award provides the base safety net and that all employees on-site have the opportunity to share in the proposed scheme.

(2) Once negotiated incentive schemes will be submitted to the Union prior to its implementation for confirmation that the relevant Award requirements have been satisfied.

14.—Industry Standards. The Company will continue to meet its current level of

payments into the following non-wage benefit schemes: (1) The Construction & Building Unions Superannua-

tion Scheme, and (2) The WA Construction Industry Redundancy Fund.

-Signatories to the Agreement. P. ORVAD

Signed on behalf of: Orvad WA Pty Ltd

R.KINNEY

Signed on behalf of: The Australian Builders' Labourers' Federated Union of Workers, Western Australian Branch

Dated this 28th day of October, 1994

PETERS (W.A.) LIMITED (BALCATTA OPERATIONS) ENTERPRISE BARGAINING

AGREEMENT 1994 No. 2. No. AG 123 of 1994.


Industrial Relations Act 1979. Australian Municipal, Administrative,

Clerical and Services Union of Employees, WA Clerical and

Administrative Branch and

Peters (W.A.) Limited. No. AG 123 of 1994.

COMMISSIONER C.B. PARKS. 28 November 1994.

Order.

Registration of an Industrial Agreement. No. AG 123 of 1994.

HAVING heard Mr M.H. Hammond on behalf of the Applicant, and Ms B.L. Gavranich and with her Mr R. Snowden appeared on behalf of the Respondent, by consent,

the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the document titled the Peters (W.A.) Limited (Balcatta Operations) Enterprise Bargaining Agree- ment 1994 No. 2, and signed by me for identification, be and is hereby registered as an Industrial Agreement.


Schedule.

1.—Title. This Agreement shall be known as the "Peters (W.A.)

Limited (Balcatta Operations) Enterprise Bargaining Agree- ment 1994 No.2".

2.—Arrangement. 1. Title 2. Arrangement 3. Area and Scope, Incidence, Relationship to Parent

Awards 4. Single Bargaining Unit 5. Background 6. Intent 7. Commitment 8. Operation of Agreement 9. Training

10. Hours of Work 11. Meal Breaks 12. Disputes Procedure 13. Disciplinary Procedure 14. Performance Counselling 15. Movement in Wages 16. Payment of Wages 17. SQP Programme 18. Parental Leave 19. Equal Employment Opportunity 20. Personal Files

Appendix A—Wages rates Appendix B—Consultative Committee Constitution Appendix C—Parental leave Appendix D—K.P.I. Appendix E—Equal Opportunity Policy

3.—Area & Scope, Incidence and Parties Bound and Relationship to Parent Awards.

3.1. Area & Scope The scope of this Agreement shall be that prescribed in

the Clerks' (Wholesale and Retail Establishments) Award No. 38 of 1947.

3.2. Incidence and Parties Bound 3.2.1. This Agreement shall be binding on the parties to

the Agreement individually and collectively and shall apply to all persons employed at Peters (W.A.) Limited, Balcatta (including the Factory and DC employees) who are members, or eligible to be members of the organisation of employees party to the Agreement and who are covered by the Award detailed subclause (3) of this clause.

3.2.2. The party to this Agreement is: Australian Municipal, Administrative, Clerical,

and Services Union of Employees, W.A. Clerical and Administrative Branch.

3.2.3. The Award which at 11/11/94 covered Peters (W.A.) Balcatta Operations is: Clerks' (Wholesale and Retail Establishments) Award No. 38 of 1947.

3.3. Relationship to Parent Award 3.3.1. This Agreement shall be read and interpreted

wholly in conjunction with the relevant award as identified in subclause (3.2) of clause 3—Area & Scope, Incidence and Parties Bound and Relation- ship to Parent Awards of this Agreement.

74 W.A.I.G. 291 3

3.3.2. Where there is any inconsistency between the award and this Agreement, this Agreement shall prevail.

4.—Single Bargaining Unit. In accordance with the State wage decision of January

1992 (72 WAIG 191) a single bargaining unit has been established between the above Union representing the clerical employees of Peters (W.A.) Limited.

5.—Background. Peters (W.A.) Limited is one of the oldest WA companies

having its origins back in the last century and is the largest food manufacturer in Western Australia. Consequently, the Company has been an integral part of the history of the West Australian Food Industry and one of the leaders in this community.

During the past ten years, the Company has been progressively modernising its manufacturing operations at a time when most of the industry has been acting very cautiously and as a consequence, the Company now has the most modem ice cream operation in Australasia and among the most technologically advanced dairies and abattoirs within Australia. With this investment in facilities, plant and equipment, has also come investment in technology culmi- nating, for the Balcatta site, in penetration of the extremely difficult Japanese market. It is of significance that at the time of entering into this agreement, the Company is the largest exporter of ice cream into Japan, having overtaken its leading international competitors in New Zealand in May of 1993. This is an important achievement for the Company, all its employees and the State.

From the outset, the Company has recognised that if it is to continue to succeed in local, national and international markets, it must produce world class products and this requires Best International Practice. Essential to this is the methodical re examination of all aspects of the business by all employees, and the vehicle designed to develop these improvements is the Safety, Quality and Productivity Program. This process of change has to be undertaken cautiously in the present environment, to ensure that the gains and strengths that have been achieved are not lost, and to minimise the risk to the operation in a continuingly difficult environment.

6.—Intent. 6.1. This Agreement is made between the Union, the

Company and its employees. The Agreement has been developed through a process of consultation and co- operation involving, a Works Committee comprising employee representative(s), a State office union representative and representatives of the Company and reflects an ongoing commitment by all parties to continue that co-operation and consultation in working to make Peters Balcatta a safe, productive, efficient and internationally competitive company. This Works Committee will oversee the implementation of this EBA and monitor its progress.

Fundamental to this Agreement is the commitment of the employees and the Unions to work with the Company to continuously improve and maximise safety, quality and productivity at Balcatta.

6.2. Subject to clause 17 SQP Programme of this Agreement, all the parties to this Agreement recognise the right and responsibility of the Company to manage its operations.

6.3. The Company, the Union and the employees will work to ensure this Agreement is effective and where any part of this Agreement requires interpretation, it will be interpreted in the context of the commitments and Intent expressed in this clause.

6.4. This Agreement reflects modem and flexible working arrangements and conditions in a manner which is appropriate to the enhanced operation of Peters (W.A.) Limited at Balcatta.

6.5. The Company, the Union and the employees acknowledge the requirement to develop and improve all aspects of the employment relationship including the issue of mutual trast and respect. To this extent the parties are

committed to actively, co-operatively and effectively deal with this matter. This may involve the assistance of an external party with expertise in this area.

7.—Commitments. 7.1. All parties undertake that the terms of this Agreement

will not be used to progress or obtain similar arrangements or benefits in any other enterprise.

7.2. This Agreement shall not operate to cause any employee to suffer a reduction in ordinary time earnings, or to depart from the standards of the Western Australian Industrial Relations Commission in regard to hours of work, annual leave with pay or long service leave with pay.

7.3. The parties undertake that the increase referred to in Clause 15—Movement in Wages of this Agreement will be the only increases to apply during the life of the Agreement provided that further increases may result from real productivity improvements implemented and quantified by the consultative process and/or in accordance with the State Wage Principles.

7.4. The parties will review the terms of this Agreement by 11 November 1997 and this review will commence no later than thirteen weeks prior to expiry.

7.5. The parties will assess the achievement in productivity and efficiency during the term of this Agreement with key targets set for achievement at the end of each 12 month period. The SQP Committee will be responsible for this assessment.

7.6. The Works Committee agree that following the process of reviewing this Agreement it will be renewed or replaced.

7.7. The parties commit to opposing any attempt by any other person, employees or organisation to become a party to this Agreement.

7.8. The Company recognises that the linking of wage movements under this Agreement to productivity increases requires the commitment by the Company to ensure the resources are available to properly develop the key performance indicators to be used in this process and to ensure that measurement of the key performance indicators is fair and accurate.

The Company undertakes to ensure that appropriate resources are made available for this purpose. The Company further undertakes to participate with its employees through the SQP processes in the development of the key performance indicators.

In line with its commitment to effective communication and proper feedback to its employees, the Company gives its commitment to provide regular updates to employees on the development of the measurement of the key performance indicators.

7.9. Through this Agreement the Company, the employees and the Union reaffirm their commitment to the SQP program at Balcatta and undertake through the SQP program to strive for real improvements in safety, quality and productivity at Balcatta. This Agreement reflects the commitment of the parties to remove obstacles to SQP by providing for increased flexibility and working arrangements and by meeting the needs of employees and recognising the importance of the contribution of the employees in this process.

7.10. The parties agree that during the first nine months of this Agreement the Works Committee shall oversee the development of an expanded classification structure to recognise employees with skills, competency and responsibilities over and above those currently provided for in The Clerks (Wholesale and Retail Establishments) Award No. 38 of 1947.

8.—Operation of Agreement. This Agreement shaU operate from the commencement of

the first pay period on or after 11/11/94 and shall remain in operation for the following 3 years.

9.—Training. 9.1. Following consultation with the Works Committee,

which may involve the setting up of training committees, the


Company will develop a training policy and programme consistent with:

• the current and future skill needs of the enterprise; • the size, structure and nature of the operations of

the enterprise; • the need to develop vocational skills relevant to

the enterprise. 9.2. Where it is agreed by the Company that additional

training should be undertaken by an employee, training may be undertaken either on or off the job, however, the Company will not compel an employee to attend unpaid training outside of normal working hours. If the training is undertaken during ordinary working hours, the employee concerned will not suffer any loss of pay for ordinary hours. The Company will not unreasonably withhold paid training leave.

9.3. The parties recognise the importance of training being appropriately accredited. Where relevant accredited training is available it will be utilised to meet training needs.

10.—Hours of Work. 10.1. The ordinary hours of work shall be an average of

38 per week over any five days of the week worked over any one of the following cycles and rostering will take into account the need to provide for no less than two consecutive days off between working cycles:

10.1.1. 38 hours within a work cycle not exceeding 7 consecutive work days; or

10.1.2. 152 hours within a work cycle not exceeding 28 consecutive days; or

10.1.3. 1,976 hours within a work cycle of one calendar year provided that for each day in excess of 364 days in a calendar year, 7 hours and 36 minutes shall be added to 1,976 hours.

10.2. The ordinary hours of work may be altered by agreement between the employer and the employee/s concerned.

10.3. The ordinary hours of work will not exceed 10 hours on any day.

10.4. Where the Company wishes to alter the work cycle arrangement for any employees to include a Saturday and/or Sunday, the Company must give not less than 1 month's notice of its intention to do so to the employees affected by the change. During this notice period, the Company will consult with the majority of employees concerned and the Union. Introduction of the new work cycle will be by mutual agreement. In exceptional circumstances, individual preferences within the division will be taken into consideration.

10.5. The ordinary hours of work in any one week may be worked, by agreement between the employee and employer, over any four days between Monday to Friday provided that on no one day the number of ordinary hours worked shall not exceed 10.

10.6. Any dispute as to the operation of any work cycle in any area for any employees will be resolved by following the procedure set out in clause 12—Disputes Procedure of the Agreement.

10.7. For new employees, the hours of work and work cycle will be determined at the commencement of employment. Any alteration to the hours of work or the work cycle for that employee will be in accordance with this clause and be in line with the work cycle worked in the plant or that work section.

10.8. Where in accordance with the provisions of this clause employees work ordinary hours on a Saturday, all such hours worked shall be paid for at the rate of time and a half.

10.9. Where in accordance with the provisions of this clause employees work ordinary hours on a Sunday all such hours worked shall be paid for at the rate of double time.

10.10. Employees who are engaged in a work cycle which provides for up to ten ordinary hours to be worked in any one day shall be paid for all hours worked in excess of ten ordinary hours in any one day or 38 ordinary hours in a week at double time.

10.11. All overtime is to be paid. Agreement may be reached between the employer and the employee for time in lieu of overtime to be granted. Such time in lieu will take into account overtime provisions.

10.12. An employee who at the requirement of the employer, works two or more hours overtime after completion of ordinary hours will be paid a meal allowance of $7.00.

10.13. An employee who is required to work overtime after 1.00 pm on a Sunday or any holiday as prescribed in the Parent Award will be paid a meal allowance of $7.00.

11.—Meal Breaks. 11.1. An employee shall not be compelled to work for

more than five hours without a meal interval except where an alternative arrangement is entered into as a result of discussions between the employer and an employee or an employer and the majority of employees in the plant or work section concerned. Such agreement will be limited to an additional one hour.

11.2. A meal break of not less than half an hour but not exceeding one hour, will be available to all employees.

11.3. The meal break shall not be paid. 11.4. The time of taking a scheduled meal break may be

postponed in order to meet a requirement for continuity of operations.

11.5. Where an employee is required by the Company to postpone his or her meal break for more than one hour he or she will be paid at overtime rates after that one hour until the meal break is allowed.

12.—Disputes Procedure. 12.1. The objective of the dispute settlement procedure

is as follows: 12.1.1. To promote resolution of disputes by measures

based on consultation, co-operation and discussion;

12.1.2. To reduce the level of industrial confrontation, and

12.1.3. To avoid interruption to the performance of work and the consequential loss of productivity and wages.

12.2. Where a grievance, complaint, claim or any matter which is likely to result in a dispute arises between the employer and an employee or group of employees the following procedure will apply:

12.2.1. The employee or group of employees will discuss the matter with their immediate supervisor(s);

12.2.2. Where the matter is not resolved within a reasonable time the matter will be referred to the Union representative for discussion with the employer representative;

12.2.3. If the matter is still not resolved (within reasonable time limit) the matter will be referred to a Union official and a senior employer representative;

12.2.4. Where a negotiated settlement cannot be reached after a reasonable time, the parties may apply to the Western Australian Industrial Relations Com- mission for resolution.

12.3. The parties are committed to avoiding stoppages of work or the placing of bans, or any other limitation on the performance of work prior to the completion of the dispute settlement procedure.

13.—Disciplinary Procedure. 13.1. Where an employee engages in unsatisfactory

conduct the Company may, as appropriate: 13.1.1. Informally counsel the employee. 13.1.2. Verbally warn the employee. 13.1.3. Warn the employee in writing. 13.1.4. Suspend the employee with or without pay at the

employer's discretion for up to one week. Where an employee is suspended without pay and the employee believes the withholding of pay is unduly severe, the employee may utilise the

74 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 29: :5

disputes procedure to resolve whether the suspension should have been with or without pay.

13.1.5. Dismiss the employee with notice or with pay in lieu of notice.

13.2. Where a representative of the Company engages in any discussions with an employee concerning any conduct of an employee which may lead to dismissal or other disciplinary or counselling measures being taken by the Company, the employee is entitled to elect to have either another employee or a Union representative present during the discussion. The representative of the Company will remind the employee of that entitlement at the beginning of the discussion.

When counselling or warning an employee concerning unsatisfactory conduct engaged in by that employee, the Company's representatives will:

13.2.1. Specifically identify the conduct complained of. 13.2.2. Explain why the conduct is considered unsatisfac-

tory by the Company and what would constitute acceptable conduct.

13.2.3. Explain the consequences if the employee again engages in that unsatisfactory conduct.

13.3. No record will be kept by the Company of informal counselling of an employee. Where a record is kept by the Company of a verbal warning given to an employee, the employee and any other employee or Union representative present will be given the opportunity to verify the accuracy of the record within a reasonable time of the warning being given.

13.4. Nothing in this clause affects the Company's right to dismiss an employee without notice for misconduct which justifies summary dismissal.

14.—Performance Counselling. 14.1. If the Company considers that the performance of

an employee is unsatisfactory, the Company's representative will discuss the matter informally with the employee with a view to identifying ways in which the performance of the employee could be improved. Specifically, the Company's representatives and the employee will discuss:

14.1.1. The areas of the employee's performance which are unsatisfactory. •

14.1.2. The reasons for the employee's unsatisfactory performance.

14.1.3. The steps available to the Company which would assist the employee to perform satisfactory, which may include arranging for the employee to receive training or additional training or altering the employee's working conditions.

14.1.4. The steps available to the employee to remedy the unsatisfactory performance.

During any such informal discussions, the employee is entitled to elect to have either another employee or a Union representative present during the discussion. The representative of the Company will remind the employee of that entitlement at the beginning of the discussion.

14.2. If, after informal discussions, the Company still considers that the performance of the employee is unsatisfactory, advise the employee in writing of:

14.2.1. The areas of the employee's performance which are unsatisfactory.

14.2.2. The Company's response to any reasons offered by the employee for his or her unsatisfactory performance.

14.2.3. The steps taken or intended to be taken by the Company which would assist the employee to perform satisfactorily.

14.2.4. The steps required of the employee to remedy the unsatisfactory performance.

14.2.5. The time allowed for improvement before further assessment.

14.3. Where the required improvement has not occurred following the steps set out in paragraphs 14.1 and 14.2 above, give the employee a written warning that failure to improve performance within a given time may lead to the employee's suspension for a maximum of one week or dismissal from employment, and setting out the steps

necessary to be taken by the employee to improve their performance to a satisfactory level.

14.4. Where the performance of an employee then continues to be unsatisfactory, suspend the employee without pay for a time specified in writing by the Company of not more than one week or dismiss the employee with notice.

15.—Movement in Wages. 15.1. In addition to the productivity based wage increases

detailed below the following wage increases will apply to employees covered by this Agreement:

3V2% increase on entering into this Agreement; 2% increase after the first 12 months of operation of this Agreement; and 2% increase after the second 12 months of operation of this Agreement.

15.2. Where the work cycle of any employee or group of employees is altered as provided for in clause 10.4 and this change involves the employee(s) working a cycle which includes a Saturday and/or Sunday and/or a normal working day of greater than 7.5 hours, the employee(s) affected shall have their then current rate of pay increased by a further 1.5%.

15.3. Key Performance Indicators (KPI's) will form the basis of determining the quantum of productivity based wage increases during the term of the Agreement, ie "KPI Payments".

The KPI payments will be either 1%, 2%, 3% or 3.5% depending on performance against KPI targets to be determined in terms of 15.4 below.

The first KPI payment will be effective from the first pay period 12 months after the date of the Agreement, the second 12 months after that, the third 12 months after the second. The KPI targets will apply to the 12 months immediately preceding each KPI target, ie to the nearest accounting month.

15.4. Key Performance Indicators and targets will be established through the SQP Consultative Committee during the first 6 months of this Agreement with the first productivity based payment becoming due at the end of the first year of this Agreement. Subsequent payments will be made from the end of the second and third years of this Agreement.

The Key Performance Indicators applying to the second and third years of this Agreement will be the subject of further negotiations and refinement before the commencement of each of those years.

Separate KPI's will apply to each of the three main work sections at Balcatta, ie the Factory, the Distribution Centre and the Sales and Services buildings.

KPI based payments are dependent on continued active participation in the SQP programme and the minimum payment at the end of each of the three twelve month periods will be 1%.

The Company will make the necessary resources available to assist in the development of the Key Performance Indicators used for the purposes of this clause and to ensure that measurement of the Key Performance Indicators is fair and accurate.

Employees will be kept informed of the progress and measurement of the Key Performance Indicators through consultation and regular reports giving feedback in each area.

16.—Payment of Wages. 16.1. Employees' wages will be paid regularly each week

on a nominated day Monday to Friday. Provided that the employee and employer may agree, wages may be paid on a fortnightly basis. From the date of any such agreement employees will be paid one week's wages in advance to prevent any financial difficulties arising. At the time of an employee leaving the company the one week's wages paid in advance shall be deducted from the employee's termination payment.


16.2. The method of payment of wages may be by cash or direct transfer of funds into a bank or financial institution nominated by the employee. If an employer uses direct transfer as the method of payment, employees are obliged to comply with this method provided that they are not disadvantaged by way of the times of availability of pay.

16.3. An employee who lawfully leaves his or her employment or is dismissed for reasons other than misconduct will be paid all moneys due at termination, before leaving the employer's premises or alternatively, (except for casual employees) a cheque for the amount due may be forwarded to the employee's last known address within 48 hours of such termination.

17.—SQP Programme. 17.1. It is recognised by the parties that the key to

productive and harmonious working relationships lies in establishing and maintaining effective consultative mechanisms that will:

17.1.1. Ensure that the views of the employees are known and taken into account by the Company:

17.1.2. Provide management with an informed basis upon which to make decisions.

17.2. To this end, it is agreed that the SQP Consultative Committee continue to operate by constitution as provided for in Appendix B to this Agreement.

17.3. The key purpose of the Committee is to promote a spirit of co-operation. Each party will give constructive and sympathetic consideration to all views and representations submitted to the Committee with a view to furthering the common well being of the establishment as a whole.

17.4. Employee representatives on the Committee are required to keep their constituents advised on matters arising at the meeting.

17.5. The Company will consult with employee representatives on the Committee and give prompt consideration to matters raised by employees:

17.5.1. In order to encourage the improvement of all employees in the ongoing search for measures to improve safety, quality and productivity;

17.5.2. To otherwise foster a fully committed and informed workforce.

18.—Union Awareness. 18.1. At the time of engagement all new employees will

be provided by the employer with information about the Union. Such information shall be in the form of a "New Member Kit" to be supplied by the Union. The elected on site Union Representative shall be allowed reasonable time to discuss the Union with new employees within one week of commencing employment.

19.—Parental Leave. Parental Leave will be in accordance with the provisions

of Appendix C of this Agreement.

20.—Equal Employment Opportunity. The Company is an equal opportunity employer and is

committed to an Affirmative Action Programme as detailed in Appendix E—Equal Employment Opportunity And Affirmative Action Programme.

21.—Personal Files. 21.1. Employee personal files shall be kept securely and

access shall be permitted to these files in accordance with this clause.

21.2. The Managing Director or his representative shall be responsible for keeping the personal files of all employees.

21.3. An employee's personal file shall be available for perusal by the employee, and where the employee representative has the relevant employee's written permission, the employee representative under the supervision of the Managing Director or his representative, shall be allowed access at all reasonable times.

21.4. An employee shall have the right to include a statement of their own on their file.

The Common Seal of Peters (W.A) Limited ACN 008 668 was affixed in the presence of:

(signed by G. Raveh) (signed by C. Murphy) DIRECTOR CAROLE MURPHY

PRESIDENT (signed by P.M. Clark) AUSTRALIAN SERV-

ICES UNION SECRETARY (Common Seal Affixed) (Common Seal Affixed)

Appendices. APPENDIX A WAGE RATES APPENDIX B SQP CONSULTATIVE COM-

MITTEE CONSTITUTION APPENDIX C PARENTAL LEAVE APPENDIX D K.P.I.'s APPENDIX E EQUAL EMPLOYMENT OP-

PORTUNITY

Appendix A. Wage Rates

Current Award

wage wef 13 April 94

Existing rates of pay.incl 4% SQP

Hate of Pay wef / /94

Rate of pay wef

1/95 Rate of pay wef tm

Grade 1 1st year of experience at this grade 366.80 373.16 386.08 393.68 401.66 2nd year of experience at this grade 380.60 387.51 400.90 408.88 417.24 3rd year of experience at this grade 392.20 399.58 413.44 421.80 430.16 Grade 2 1st year of experience at this grade 402.70 410.50 424.84 433.20 441.94 2nd year of experience at this grade 406.80 414.76 429.40 438.14 446.88 3rd year of experience at this grade 412.70 420.90 435.48 444.22 452.96 Grade 3 1st year of experience at this grade 420.20 428.70 443.84 452.58 461.70 2nd year of experience at this grade 425.20 433.90 449.16 458.28 467.40

Appendix B Peters (W.A.) Limited

Constitution Balcatta Sales & Services

SQP Consultative Committee 1. Preamble The Unions, salaried staff and management are commit-

ted to improved and effective consultation in the workplace and to provide all employees with an opportunity to participate fully. All representatives fully support and endorse the Safety Quality & Productivity (SQP) program as a means of ensuring the future viability of Peters (WA).

The parties agree that effective consultation is dependent upon:

* information sharing; * facilities and training for representatives; * commitment from both sides.

It is therefore agreed that the establishment of a consultative committee is the most appropriate method whereby the above principles can be practised and upheld.

2. Objectives of the Committee The objectives of the committee will be:

2.1. To increase the quality of working life for all employees at the Balcatta site, particularly in the areas of job design, skill formation, training and the working environment both physical and mental.

2.2. To improve job safety, quality and productivity. 2.3. To increase the competitiveness of the Company

and its products. 2.4. To establish a culture of continuous improvement

at the enterprise.

74 W.A.I.G. 29!

3. Terms of Reference The following matters will be discussed at the committee,

and, where appropriate, decisions made and agreements reached will go to Management and/or Steering Committee in the form of recommendations, to enable decisions made by the Company to take into account the views of the workforce.

lb be responsible for the Balcatta Sales & Services SQP programme, specifically:

3.1. The day to day activities of the SQP project. 3.2. To .establish the SQP teams. 3.3. To identify the training needs for the SQP teams. 3.4. To deal with the recommendations coming from

the SQP teams and other sources. 3.5. To ensure full communication of progress to all

staff. 3.6. The introduction of new technology/machines or

new or revised work methods and the associated planning of layout, training, job numbers, skill requirements.

3.7. Company training plans developed in accordance with future career paths.

3.8. The Company's affirmative action policy and programs and equality of opportunity within the workplace.

3.9. Occupational health and safety matters will be referred to the Balcatta Safety Committee for then- consideration and recommendation.

3.10. In the future at a time agreed by the Unions, the Committee will discuss changes to do with the implementation of the restructured awards in the workplace, or the establishment of an enterprise agreement, and make recommendations to the Steering Committee.

3.11. Any other matters raised by unions, employees or management which impact on union members or the efficiency of the Company other than those matters raised in the following section, "Matters Requiring Central Union Involvement."

4. Matters Requiring Central Union Involvement Most matters specific to work organisation in the (plant

or enterprise) can be discussed at the Consultative Commit- tee. The purpose of such discussion being the resolution of any issues. However, some matters which may be raised go to award areas. These matters include but are not limited to:

* hours of work (including shift changes), * penalty rates, * leave loading, * sick leave, * holidays.

Any item which is an award matter must be referred to the Steering Committee.

5. Composition 5.1. The consultative committee will consist of a

maximum of 15 representatives, 6 from Award staff, 6 from Salaried staff and 2 from Manage- ment and a Secretary.

Initially all members of the committee are nominated for a period of six months from the date of this charter, after this period elections shall be called for employee (Salaried and Award) representation. Unions party to this Agreement will each nominate a representative to die committee, who shall count as Award representatives and need not be elected.

5.2. Any committee member who ceases to be an employee of the Company ceases to be on the committee. The Union, Salaried staff or Manage- ment will elect/appoint a replacement as appropriate. Re-election of the Union representatives will be determined by the union. Any committee member who fails to attend three consecutive committee meetings will automatically cease to be

a member of the committee, unless the committee resolves otherwise, in light of the particular circumstances. In addition, both Union officials and appropriate management officers may be involved by their representatives to attend meetings and address issues as agreed by the Commit- tee.

5.3. The appointment of representatives will be determined by the Unions, Salaried staff and Manage- ment respectively. All representatives shall be employees of the enterprise concerned.

5.4. In the determination of representatives on the Committee, consideration shall be given to:

5.4.1. The make-up of the workforce—in particular the proportion of women, migrants and juniors.

5.4.2. The size of the workforce. 5.4.3. The number of distinct operations at the

workplace. 5.4.4. Shift arrangements. 5.4.5. The corporate structure. 5.4.6. Other existing consultative mechanisms.

5.5 Considering the size and scope of the Sales & Services staff at the Balcatta site, the number of consultative committee shall be determined by the Steering Committee. Should more than one Committee be established, the Steering Commit- tee shall ensure a coordinated approach.

5.6. The Committee, once established, may invite persons to attend specific meetings. In addition, both Union officials and appropriate management officers may be involved by their representatives to attend meetings and address issues as agreed by the Committee.

6. Tbrms of Office All members appointed to the Committee shall hold office

for a period of six months subject to Clause 1 composition, and thereafter for a period of twelve months.

7. Meetings The committee will endeavour to meet as required during

paid time in normal working hours. 8. Quorom Comprising of seven representatives of which one is from

Management, two from Union Representatives and two from Salaried staff representatives.

9. Chairperson The chair will be elected by the Consultative Committee. 10. Secretary A Secretary shall be appointed for the purposes of

recording minutes, preparation and distribution of agendas and other administrative duties. The administrative requirements of this position shall be provided by the employer.

11. Agenda All members of the Committee may submit items. A

Union representative, a Management representative and the Secretary shall meet at least one week prior to each meeting to formulate the agenda and circulate it, together with all relevant written information and documents, where frequency of meetings permits.

12. Minutes The Secretary to take the Minutes and type. A confidential

copy of the draft Minutes will be sent to the Steering Consultative Committee members. The minutes will be formally accepted at the next meeting of the committee and thereafter the minutes will be distributed as quickly as possible.

13. Facilities and Rights for Representatives It is agreed that representatives should have the following

facilities and rights: 13.1. Time off to canvas the views of the membership

and to prepare items for the agenda; to prepare for the consultative meeting as representatives, and to


report back to members on the Committee Meeting.

13.2. All time spent in meetings, preparing for meetings and reporting back to members about the Consul- tative Committee Meeting, shall be treated and paid for as time worked.

13.3. Facilities such as a meeting room, telephone, photocopier and typing facilities should be made available as needed.

13.4. All representatives and potential representatives should attend relevant training courses.

13.5. Any representative will not be discriminated against by the employer or treated unfairly because of being a member of the Consultative Committee or having an interest in the Consulta- tive Committee.

14. Responsibilities of Committee Members All committee members have the following responsibili-

ties: 14.1. To attend all meetings and to give serious

consideration to all matters raised. 14.2. To represent the views of their constituents.

15. Confidentiality and Information Sharing It is recognised that Management will be unable to

provide certain information, due to the fact that the information could compromise the competitiveness of the Company.

Management and unions agree to make every effort to make available as much information as possible for the effective resolution of problems and for the genuine participation of representatives in decisions. All committee members to sign a confidentiality agreement.

16. Training All members of the committee are entitled to extra

training to ensure they are able to represent their members and fully participate in the Consultative Committee.

Appendix C Parental Leave

The following provisions shall apply to employees under this Agreement. References to award shall mean references to this Agreement.

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

(1) Maternity Leave (a) (i) Nature of Leave

Maternity leave is unpaid leave, (ii) Definitions

For the purposes of this subclause: (1) "Employee" includes a part time or

seasonal employee but does not include an employee engaged upon casual work.

(2) "Paternity leave" means leave of the type provided for in subclause (b) whether prescribed in an award or otherwise.

(3) "Child" means a child of the employee under the age of one year.

(4) "Spouse" includes a de facto or a former spouse.

(5) "Continuous service" means service under an unbroken contract of employment and includes: (A) any period of leave taken in accor-

dance with this clause; (B) any period of part time employ-

ment worked in accordance with this clause; or

(C) any period of leave or absence authorised by the award.

(iii) Eligibility for Maternity Leave An employee who becomes pregnant, upon production to her employer of a certificate required by paragraph (iv) hereof, shall be entitled to a period of up to 52 weeks maternity leave provided that such leave shall not extend beyond the child's first birthday. This entitlement shall be reduced by any period of paternity leave taken by the employee's spouse in relation to the same child and, apart from paternity leave of up to one week at the time of confinement, shall not be taken concurrently with paternity leave.

Subject to paragraphs (vi) and (ix) hereof, the period of maternity leave shall be unbroken and shall, immediately following confinement, include a period of up to six weeks compulsory leave.

The employee must have had at least twelve months continuous service with that employer immediately preceding the date upon which she proceeds on such leave.

(iv) At the time specified in paragraph (v) the employee must produce to her employer: (1) a certificate from a registered medical

practitioner stating that she is pregnant and the expected date of confinement;

(2) a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

(v) Notice Requirements (1) An employee shall, not less than ten

weeks prior to the presumed date of confinement, produce to her employer the certificate referred to in subparagraph (iv)(l).

(2) An employee shall give not less than four weeks notice in writing to her employer of the date on which she proposes to commence maternity leave, stating the period of leave to be taken and shall, at the same time, produce to her employer the statutory declaration referred to in subparagraph (iv)(2) hereof.

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

(4) An employee shall not be in breach of this clause as a consequence of failure to give the stipulated period of notice in accordance with subparagraph (2) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date.

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

If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take

74 W.A.I.G. 2'

leave for such period as is certified necessary by a registered medical practitioner. Such leave shall be treated as maternity leave for the purposes of paragraphs (x), (xi), (xii) and (xiii) hereof.

(vii) Variation of Period of Maternity Leave (1) Provided the maximum period of mater-

nity leave does not exceed the period to which the employee is entitled under paragraph (iii) hereof: (A) the period of maternity leave may

be lengthened once only by the employee giving not less than fourteen days notice in writing stating the period by which the leave is to be lengthened;

(B) the period may be further lengthened by agreement between the employer and the employee.

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

(viii) Cancellation of Maternity Leave (1) Maternity leave, applied for but not

commenced, shall be cancelled when the pregnancy of an employee terminates other than by birth of a living child.

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

(ix) Special Maternity Leave and Sick Leave (1) Where the pregnancy of an employee

not then on maternity leave terminates after 28 weeks other than by the birth of a living child then: (A) she shall be entitled to such period

of unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work; or

(B) 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 registered medical practitioner certifies as necessary before her return to work.

(2) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work, provided that the aggregate to paid sick leave, special maternity leave and maternity leave shall not exceed the period to which the employee is entitled under paragraph (iii) hereof.

(3) For the purposes of paragraphs (x), (xi), and (xii) hereof, maternity leave shall include special maternity leave.

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

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

(x) Maternity Leave and Other Leave Entitle- ments (1) Provided the aggregate of any leave,

including leave taken under this subclause, does not exceed the period to which the employee is entitled under paragraph (iii) hereof, an employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled.

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

(xi) Effect of Maternity Leave on Employment Subject to this subclause, notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

(xii) Termination of Employment (1) An employee on maternity leave may

terminate her employment at any time during the period of leave by notice given in accordance with this award.

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

(xiii) Return to Work After Maternity Leave (1) An employee shall confirm her inten-

tion of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave.

(2) An employee, upon returning to work after maternity leave or the expiration of the notice required by subparagraph (1) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to paragraph (vi) hereof, to the position which she held immediately before such transfer or in relation to an employee who has worked part-time during the pregnancy the position she held immediately before commencing such part-time work.

■1 Bl>

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

(xiv) Replacement Employees (1) A replacement employee is an em-

ployee specifically engaged as a result of an employee proceeding on maternity leave.

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

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

(4) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

2. Paternity Leave (b) (i) Nature of Leave

Paternity leave is unpaid leave (ii) Definitions

For the purposes of this subclause: (1) "Employee" includes a part-time or


(2) "Maternity leave" means leave of the type provided in subclause (a) hereof (and includes special maternity leave) whether prescribed in an award or otherwise.

(3) "Child" means a child of the employee or the employee's spouse under the age of one year.

(4) "Spouse" includes a de facto or a former spouse.

(5) "Primary care-giver" means a person who assumes the principal role of providing care and attention to a child.


dance with this clause; (B) any period of part-time employ-


(C) any period of leave or absence authorised by the employer or by the award.

(iii) Eligibility for Paternity Leave A male employee, upon production to the employer of a certificate required by paragraph (iv), shall be entitled to one or two periods of paternity leave, the total of which shall not exceed 52 weeks, in the following circumstances: (1) an unbroken period of up to one week

at the time of confinement of his spouse; (2) a further unbroken period of up to 51

weeks in order to be the primary care-giver of a child provided that such leave shall not extend beyond the

child's first birthday. This entitlement shall be reduced by any period of maternity leave taken by the employee's spouse and shall not be taken concurrently with that maternity leave.

An employee must have had a least twelve months continuous service with that employer immediately preceding the date upon which he proceeds upon either period of leave.

(iv) Certification At the time specified in paragraph (v) hereof the employee must produce to the employer: (1) a certificate from a registered medical

practitioner which names his spouse, states that she is pregnant and the expected date of confinement or states the date on which the birth took place;

(2) in relation to any period to be taken under subparagraph (iii)(2) hereof, a statutory declaration stating: (A) he will take that period of paternity

leave to become the primary care- giver of a child;

(B) particulars of any period of maternity leave sought or taken by his spouse; and

(C) for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

(v) Notice Requirements (1) The employee shall, not less than ten

weeks prior to each proposed period of leave, give the employer notice in writing stating the dates on which he proposes to start and finish the period or periods of leave and produce the certificate and statutory declaration required in paragraph (iv) hereof.

(2) The employee shall not be in breach of this paragraph as a consequence of failure to give the notice required in subparagraph (1) hereof if such failure is due to: (A) the birth occurring earlier than the

expected date; or (B) the death of the mother of the

child; or (C) other compelling circumstances.

(3) The employee shall immediately notify the employer of any change in the information provided pursuant to paragraph (iv) hereof.

(vi) Variation of Period of Paternity Leave (1) Provided the maximum period of pater-

nity leave does not exceed the period to which the employee is entitled under paragraph (iii) hereof: (A) the period of paternity leave pro-

vided by subparagraph (iii)(2) may be lengthened once only by the employee giving not less than fourteen days notice in writing stating the period by which the leave is to be lengthened;

(B) the period may be further lengthened by agreement between the employer and the employee.

(2) The period of paternity leave taken under subparagraph (iii)(2) hereof may, with the consent of the employer, be shortened by the employee giving not less than fourteen days notice in writing


stating the period by which the leave is to be shortened.

(vii) Cancellation of Paternity Leave Paternity leave, applied for under subparagraph (iii)(2) hereof but not commenced, shall be cancelled when the pregnancy of the employee's spouse terminates other than by the birth of a living child.

(viii) Paternity Leave and Other Leave Entitle- ments (1) Provided the aggregate of any leave,

including leave taken under this subclause, does not exceed the period to which the employee is entitled under paragraph (iii) hereof, an employee may, in lieu of or in conjunction with paternity leave, take any annual leave or long service leave or any part thereof to which he is entitled.

(2) Paid sick leave or other paid authorised award absence (excluding annual leave or long service leave) shall not be available to an employee during his absence on paternity leave.

(ix) Effect on Paternity Leave on Employment Subject to this subclause, notwithstanding any award or other provision to the contrary, absence on paternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

(x) Termination of Employment (1) An employee on paternity leave may

terminate the employment at any time during the period of leave by notice given in accordance with this award.

(2) An employer shall not terminate the employment of an employee on the ground of his absence on paternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

(xi) Return to Work After Paternity Leave (1) An employee shall confirm his intention

of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of the period of paternity leave provided by subparagraph (iii)(2) hereof.

(2) An employee, upon returning to work after paternity leave or the expiration of the notice required by subparagraph (1) hereof, shall be entitled to the position which he held immediately before proceeding on paternity leave, or in relation to an employee who has worked part- time under this clause to the position he held immediately before commencing such part-time work.

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

(xii) Replacement Employees (1) A replacement employee is an em-

ployee specifically engaged as a result of an employee proceeding on paternity leave.

(2) Before an employer engages a replacement employee the employer shall inform that person of the temporary nature

of the employment and of the rights of the employee who is being replaced.

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

(4) Nothing in this subclause shall be construed as requiring the employer to engage a replacement employee.

3. Adoption Leave (c) (i) Nature of Leave

Adoption leave is unpaid leave. (ii) Definitions

For the purposes of this subclause: (1) "Employee" includes a part-time or


(2) "Child" means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or stepchild of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

(3) "Relative adoption" occurs where a child, as defined, is adopted by a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage).

(4) "Primary care-giver" means a person who assumes the principal role of providing care and attention to a child.

(5) "Spouse" includes a de facto spouse. (6) "Continuous service" means service

under an unbroken contract of employment and includes: (A) any period of leave taken in accor-

dance with this clause; (B) any period of part time employ-



(iii) Eligibility An employee, upon production to the employer of the documentation required by paragraph (iv) hereof, shall be entitled to one or two periods of adoption leave, the total of which shall not exceed 52 weeks, in the following circumstances: (1) an unbroken period of up to three weeks

at the time of the placement of the child; (2) an unbroken period of up to 52 weeks

from the time of its placement in order to be the primary giver of the child. This leave shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the employee's spouse in relation to the same child. This entitlement of up to 52 weeks shall be reduced by:

The employee must have had at least twelve months continuous service with that employer immediately preceding the date upon which he or she proceeds upon such leave in either case.


(iv) Certification Before taking adoption leave the employee must produce to the employer: (1) (A) a statement from an adoption

agency or other appropriate body of the presumed date of placement of the child with the employee for adoption purposes; or

(B) a statement from the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order.

(2) In relation to any period to be taken under subparagraph (iii)(2) hereof, a statutory declaration stating: (A) the employee is seeking adoption

leave to become the primary care- giver of the child;

(B) particulars of any period of adoption leave sought or taken by the employee's spouse; and

(C) for the period of adoption leave the employee will not engage in any conduct inconsistent with his or her contract of employment.

(v) Notice Requirements (1) Upon receiving notice of approval for

adoption purposes, an employee shall notify the employer of such approval and within two months of such approval shall further notify the employer of the period or periods of adoption leave the employee proposes to take. In the case of a relative adoption the employee shall notify as aforesaid upon deciding to take a child into custody pending an application for an adoption order.

(2) An employee who commences employment with the employer after the date of approval for adoption purposes shall notify the employer thereof upon commencing employment and of the period or periods of adoption leave which the employee proposes to take. Provided that such employee shall not be entitled to adoption leave unless the employee has not less than twelve months continuous service with the employer immediately preceding the date upon which he or she proceeds upon such leave.

(3) An employee shall, as soon as the employee is aware of the presumed date of placement of a child for adoption purposes but not later than fourteen days before such placement, give notice in writing to the employer of such date, and of the date of the commencement of any period of leave to be taken under subparagraph (iii)(l) hereof.

(4) An employee shall, ten weeks before the proposed date of commencing any leave to be taken under subparagraph (iii)(2) hereof give notice in writing to the employer of the date of commencing leave and the period of leave to be taken.

(5) An employee shall not be in breach of this subclause, as a consequence of failure to give the stipulated period of notice in accordance with subparagraphs (3) and (4) hereof if such failure is occasioned by the requirement of an adoption agency to accept earlier or later placement of a child, the death of the spouse or other compelling circumstances.

(vi) Variation of Period of Adoption Leave (1) Provided the maximum period of adop-

tion leave does not exceed the period to which the employee is entitled under paragraph (iii) hereof: (A) the period of adoption leave taken

under subparagraph (iii)(2) hereof may be lengthened once only by the employee giving not less than fourteen days notice in writing stating the period by which the leave is to be lengthened;

(B) the period may be further lengthened by agreement between the employer and the employment.

(2) The period of adoption leave taken under subparagraph (iii)(2) hereof may, with the consent of the employer, be shortened by the employee giving not less than fourteen days notice in writing stating the period by which the leave is to be shortened.

(vii) Cancellation of Adoption Leave (1) Adoption leave, applied for but not

commenced, shall be cancelled should the placement of the child not proceed.

(2) Where the placement of a child for adoption purposes with an employee then on adoption leave does not proceed or continue, the employee shall notify the employer forthwith and the employer shall nominate a time not exceeding four weeks from receipt of notification for the employee's resumption of work.

(viii) Special Leave The employer shall grant to any employee who is seeking to adopt a child, such unpaid leave not exceeding two days, as is required by the employee to attend any compulsory interviews or examinations as are necessary as part of the adoption procedure. Where paid leave is available to the employee the employer may require the employee to take such leave in lieu of special leave.

(ix) Adoption Leave and Other Leave Entitle- ments (1) Provided the aggregate of any leave,

including leave taken under this subclause, does not exceed the period to which the employee is entitled under paragraph (iii) hereof, an employee may, in lieu of or in conjunction with adoption leave, take any annual leave or long service leave or any part thereof to which he or she is entitled.

(2) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during the employee's absence on adoption leave.

(x) Effect of Adoption Leave on Employment Subject to this subclause, notwithstanding any award or other provision to the contrary, absence or adoption leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

(xi) Termination of Employment (1) An employee on adoption leave may

terminate the employment at any time during the period of leave by notice given in accordance with this award.

74 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 29 '3

(2) An employer shall not terminate the employment of an employee on the ground of the employee's application to adopt a child or absence on adoption leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

(xii) Return to Work After Adoption Leave (1) An employee shall confirm the intention

of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of the period of adoption leave provided by subparagraph (iii)(2) hereof.

(2) An employee, upon returning to work after adoption leave shall be entitled to the position held immediately before proceeding on such leave or, in relation to an employee who has worked part- time under this clause the position held immediately before commencing such part-time work.

Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of the employee's former position (xiii).

(xiii) Replacement Employees (1) A replacement employee is an em-

ployee specifically engaged as a result of an employee proceeding on adoption leave.

(2) Before an employer engages a replacement employee die employer shall inform that person of the temporary nature of the employment and the rights of the employee who is being replaced.

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


4. Part-Time Work (d) (i) Definitions

For the purposes of this subclause: (1) "Male employee" means an employed

male who is caring for a child bom of his spouse or a child placed with the employee for adoption purposes.

(2) "Female employee" means an employed female who is pregnant or is caring for a child she has borne or a child who has been placed with her for adoption purposes.

(3) "Spouse" includes a de facto spouse. (4) "Former position" means the position

held by a female or male employee immediately before proceeding on leave or part-time employment under this subclause whichever first occurs or, if such position no longer exists but there are other positions available for which the employee is qualified and the duties of which he or she is capable of performing, a position as nearly comparable in status and pay to that of the

position first mentioned in this definition.


dance with this clause; (B) any period of part-time employ-



(ii) Entitlement With the agreement of the employer: (1) A male employee may work part-time

in one or more periods at any time from the date of birth of the child until its second birthday or, in relation to adoption, from the date of placement of the child until the second anniversary of the placement.

(2) A female employee may work part-time in one or more periods while she is pregnant where part-time employment is, because of the pregnancy, necessary or desirable.

(3) A female employee may work part-time in one or more periods at any time from the seventh week after the date of birth of the child until its second birthday.

(4) In relation to adoption a female employee may work part-time in one or more periods at any time from the date of the placement of the child until the second anniversary of that date.

(iii) Return to Former Position (1) An employee who has had at least

twelve months continuous service with the employer immediately before commencing part-time employment after the birth or placement of a child has, at the expiration of the period of such part- time employment or the first period, if there is more than one, the right to return to his or her former position.

(2) Nothing in subparagraph (1) hereof shall prevent the employer from permit- ting the employee to return to his or her former position after a second or subsequent period of part-time employment.

(iv) Pro Rata Entitlements Subject to the provisions of this subclause and the matters agreed to in accordance with paragraph (viii) hereof, part-time employment shall be in accordance with the provisions of this award which shall apply pro rata.

(v) Part-time Work Agreement (1) Before commencing a period of part time

employment under this subclause the employee and the employer shall agree: (A) that the employee may work part-

time; (B) upon the hours to be worked by the

employee, the days upon which they will be worked and commencing times for the work;

(C) upon the classification applying to the work to be performed; and

(D) upon the period of part-time employment.

(2) The terms of this agreement may be varied by consent.


(3) The terms of this agreement or any variation to it shall be reduced to writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.

(4) The terms of this agreement shall apply to part-time employment.

(vi) Tfermination of Employment (1) The employment of a part-time em-

ployee under this clause, may be terminated in accordance with the provisions of this award but may not be terminated by the employer because the employee has exercised or proposes to exercise any rights arising under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause.

(2) Any termination entitlements payable to an employee whose employment is terminated while working part-time under this clause, or while working full-time after transferring from part- time under this clause, shall be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a full-time employee as qualifying for a termination entitlement based on the period of full-time employment and all service as a part-time employee on a pro rata basis.

(vii) Extension of Hours of Work An employer may request, but not require, an employee working part-time under this clause to work outside or in excess of the employee's ordinary hours of duty provided for in accordance with paragraph (viii) hereof.

(viii) Nature of Part-time Work • The work to be performed part-time need not

be the work performed by the employee in his or her former position but shall be work otherwise performed under this award.

(ix) Inconsistent Award Provisions An employee may work part-time under this clause notwithstanding any other provision of this award which limits or restricts the circumstances in which part-time employment may be worked or the terms upon which it may be worked including provisions: (1) limiting the number of employees who

may work part-time; (2) establishing quotas as to the ratio of

part-time to full-time employees; (3) prescribing a minimum or maximum

number of hours a part-time employee may work; or

(4) requiring consultation with, consent of or monitoring by a union;

and such provisions do not apply to part-time work under this clause.

(x) Replacement Employees (1) A replacement employee is an em-

ployee specifically engaged as a result of an employee working part-time under this subclause.

(2) A replacement employee may be employed part-time. Subject to this paragraph, paragraphs (v), (vi), (vii), (viii), (ix) and (xii) of this subclause apply to the part-time employment of replacement employees.

(3) Before an employer engages a replacement employee under this paragraph.

the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

(4) Unbroken service as a replacement employee shall be treated as continuous service for the purposes of subparagraph (i)(5) hereof.


Appendix D

Key Performance Indicators The parties to this agreement are committed to the

development of Key Performance Indicators, the purpose of which, is to;

• Create an awareness of productivity within the organisation by providing a focus on existing activities.

• Establish a profile of existing performance from which to plan for an improvement in performance.

• Provide a tool for the ongoing continuation of the productivity improvement process as part of the SQP programme.

• Provide an ongoing mechanism for the monitoring, analysis and evaluation of changes introduced.

• Provide a fair and equitable way of measuring the contribution of employees to productivity improvement within Peters WA, Balcatta in order to quantify productivity based wage increases, consistent with the principles of Enterprise Bargain- ing.

Development of KPFs KPI's will be developed as part of the SQP programme.

The SQP Consultative Committee will develop a matrix of KPI's from which specific KPI's will be selected to provide for the measurement of annual productivity payments. Further the SQP Consultative Committee will take the responsibility for the collecting of KPI data, the monitoring of KPI's and the review of the effectiveness of the KPI as requested.

Some measures that may be considered for inclusion in the KPI matrix are;

• Processing, Data input errors. • Cycle, Response times • Safety Performance • Communication • Wastage • Customer Complaints

Appendix E

Equal Employment Opportunity and

Affirmative Action Programme The Peters (W.A.) Limited Equal Employment Opportu-

nity and Affirmative Action programme will operate on the principle of recruitment and promotion by merit. This will involve giving people in the workplace the opportunity to compete equally for jobs and to have equal access to training and promotion at all levels, limited only by their skills experience and qualifications.

1. Peters (W.A.) Limited is committed to an objective of equal opportunity in employment and affirmative action is the way to achieve it.

2. The principles of Equal Employment Opportunity and Affirmative Action (EEO for Women) will apply to all employment practices, including recruitment, promotion, acting appointments, transfers, training, staff development, conditions of employment and termination of employment.

3. Peters (W.A.) Limited is opposed to all forms of discrimination whether direct or indirect. Discrim-

74 W.A.I.G. 29!

ination is taken by Peters (W.A.) Limited to mean denying people equal treatment in employment on grounds which are not based on inherent job requirements.

4. Peters (W.A.) Limited believes that the requirements for any job must be carefully defined so that people are not excluded from consideration or disadvantaged by the application of irrelevant criteria.

5. Peters (W.A.) Limited is committed to taking positive steps by means of an Equal Employment Opportunity/Affirmative Action programme to relieve the effects of possible past discrimination and to ensure that all current and future employees may have equal employment opportunities in keeping with the principle of appointment and advancement by merit.

6. Peters (W.A.) Limited has appointed an Equal Employment Opportunity/Affirmative Action Co- ordinator (Personnel and Industrial Relations Manager) and an Equal Employment Opportunity/ Affirmative Action Officer (Staff Development Officer) to ensure the implementation of this policy and to design and co-ordinate an Equal Employment Opportunity/Affirmative Action programme.

7. Peters (W.A.) Limited undertakes to inform all employees and in particular supervisory staff, of the Equal Employment Opportunity/Affirmative Action policy and of the resources available to assist in its implementation.

PVS/UNIVERSAL RETAILERS PTY LTD JOBSKILLS RETAIL AGREEMENT



The Shop, Distributive and Allied Employees' Association of

Western Australia and

Universal Retailers Pty Ltd No. Ag 150 of 1994.

PVS/Universal Retailers Pty Ltd Jobskills Retail Agreement

COMMISSIONER A R BEECH. 30 November 1994.

Order. HAVING heard Mr B Johnston on behalf of the Applicant and Ms W Hoare on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the PVS/Universal Retailers Pty Ltd Jobskills Retail Agreement be registered in accordance with the following Schedule as an industrial agreement on and from the beginning of the first pay period commencing on or after the 30th day of November 1994.

(Sgd.) A. R. BEECH, [L.S.] Commissioner.

Schedule.

1.—Title. This agreement shall be known as the PVS/Universal

Retailers Pty Ltd JobskiUs Retail Agreement.

2.—Arrangement. 1. Title 2. Arrangement 3. Object 4. Area and Scope 5. Definitions 6. Tferms of Agreement 7. Jobskills Trainee 8. Reservation 9. Signatures Clause

3.—Object. The object of this agreement is to provide the form and

substance of the conditions of employment, including rates of pay, applicable to adult retail trainees employed by the company in Western Australia employed through PVS under the Commonwealth Government Jobskills programme and who but for this agreement would be covered by The Shop and Warehouse (Wholesale and Retail Establishments) Award 1977 hereinafter referred to as the award.

4.—Area and Scope. This agreement applies to employees engaged under the

Jobskills programme by the company through PVS in the state of Western Australia. Insofar as the terms of this agreement vary from the terms of the award this agreement shall prevail. In all other respects the terms of the award shall continue to operate.

5.—Definitions. (1) "PVS" shall mean "Professional Vocational Serv-

ices" of 17 South port Street, Leederville, Western Austra- lia, 60)7.

(2) "The company" shall mean Universal Retailers Pty Ltd, 696 Hay Street, Perth, Western Australia, 6000 trading as Edments and Goldmark.

(3) "Jobskills programme" shall mean the trial of the Commonwealth Government's Jobskills programme in the retail industry. The objective of Jobskills is to improve the long term employment prospects of people who have been unemployed for twelve months or more by equipping them with new skills, work experience and training.

(4) "Jobskills trainee" is an employee who is employed under the conditions applying in the Commonwealth Government Jobskills programme guidelines.

(5) "SDA" shall mean The Shop, Distributive and Allied Employees' Association of Western Australia.

(6) "The award" shall mean The Shop and Warehouse (Wholesale and Retail Establishments) Award 1977.

6.—Terms of Agreement. (1) The agreement shall operate from the 10th October

1994 for a period of twelve months. (2) The agreement may be extended by agreement in

writing between the parties for up to two further periods of six months.

(3) If not renewed, or after having been renewed twice, the agreement shall cease.

(4) This agreement shall not be used in the arbitration of any other matter and shall not be seen as a precedent for any other matter.

7.—Jobskills Trainee. (1) Training Conditions (a) A Jobskills trainee shall attend approved on and off

the job training prescribed in the relevant training agreement, or as notified to the Jobskills trainee by the company or the agent.

(b) Jobskills trainees will receive, over a period of up to 26 weeks, a mix of supervised work experience, structured

training on the job and off the job and the opportunity to practice new skills in a work environment.

(c) Jobskills trainees may only be engaged by the company to undertake activities under the Jobskills programme guidelines. The company shall ensure that the Jobskills trainee is permitted to attend the prescribed off the job training and is provided with the appropriate on the job training.

(d) The company shall provide an appropriate level of supervision in accordance with the approved training plan.

(2) Employment Conditions

(a) (i) Jobskills trainees shall be engaged in addition to existing staff levels.

(ii) No existing casual or part time employee shall have hours reduced by the employment of a Jobskills trainee.

(iii) Jobskills trainees shall not fill permanent positions within any retail establishment.

(b) (i) Jobskills trainees shall be engaged for a period of 26 weeks as full time employees.

(ii) Notwithstanding subparagraph (2)(a)(i) of this clause, the union and the company may agree in writing for a period of engagement of less than 26 weeks.

(c) Jobskills trainees shall be permitted to be absent without loss of continuity of employment to attend the off the job training in accordance with the training plan. However, except for absences provided under the award, failure to attend for work or training without an acceptable cause will result in loss of pay for the period of absence.

(d) Ordinary hours for a Jobskills trainee shall be 7.00am to 6.00pm Monday to Friday only. Ordinary hours shall be 38 per week with four days on the job and one day of formal training off the job each week.

(e) Overtime shall not be worked by a Jobskills trainee.

(f) The SDA shall be afforded reasonable access to Jobskills trainees for the purposes of explaining the role and function of the union and enrolment of the trainee as a member.

TRANSFIELD CONSTRUCTION PTY LTD W.A. DIVISION ALCOA KWINANA B-30 PROJECT

ENTERPRISE BARGAINING AGREEMENT No. AG 151 of 1994.


Industrial Relations Act 1979. Metals and Engineering Workers' Union—

Western Australian Branch and

Transfield Construction Pty Ltd No. AG 151 of 1994.

Transfield Construction Pty Ltd W.A. Division Alcoa Kwinana B-30 Project

Enterprise Bargaining Agreement No. AG 151 of 1994



INDUSTRIAL AGREEMENT No. AG 151 of 1994.

HAVING heard Mr F. Logan on behalf of the Metals and Engineering Workers' Union—Western Australian Branch and The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian Branch and Mr P. Stillman and with him Mr T. Tomich on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

(1) That the Transfield Construction Pty Ltd W.A. Division Alcoa Kwinana B-30 Project Enterprise Bargaining Agreement No. AG 151 of 1994 be registered as an Enterprise Bargaining Industrial Agreement from the beginning of the first pay period to commence on and from the 2nd day of December, 1994.

(2) That the Schedule, which is private to the parties, is sealed on the Commission's file and is available for perusual only with the permission of the Commission and the parties.


(3) Wages

The weekly wage payable to Jobskills trainees shall be $300.00 which rate shall be for all purposes of this agreement and shall take account of the range and extent of training provided.

8.—Reservation.

The parties to this agreement reserve the right to seek its variation or revocation if circumstances develop in the operation of the Jobskillsprogramme which adversely affect their interests or the interests of their members to the extent that the variation or revocation is warranted.

9.—Signatures Clause. Mark Bishop For and on behalf of The Shop, Distributive and Allied

Employees' Association of Western Australia.

For and on behalf of Universal Retailers Pty Ltd

WATER AUTHORITY OF WESTERN AUSTRALIA (ENTERPRISE BARGAINING) AGREEMENT 1993



Water Authority of Western Australia and Another and

Federated Liquor and Allied Industries Employees' Union of Australia, Western Australian Branch, Union of Workers


COMMISSIONER G.L. FIELDING. 27 January 1994.

Order. HAVING heard Mr B.M. Abrahams and with him Mr P. Newman on behalf of the Water Authority of Western Australia; Mr A.J. Merton on behalf of the Public Service Commission; Ms S. Jackson on behalf of The Australian Liquor, Hospitality and Miscellaneous Workers' Union, Miscellaneous Workers Division, Western Australian Branch; the Metal and Engineering Workers' Union— Western Australia; the Australian Electrical, Electronics,

Foundry and Engineering Union (Western Australian Branch); The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian Branch; and The Operative Painters' and Decora- tors' Union of Australia, W.A. Branch, Union of Workers; Mr M.H. Hammond on behalf of the Federated Clerks' Union of Australia, Industrial Union of Workers, W.A. Branch; and Ms K. Franz on behalf of The Civil Service Association of Western Australia Incorporated, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders—

That the Agreement known as the Water Authority of Western Australia (Enterprise Bargaining) Agree- ment—1993 be registered as an industrial agreement under the Industrial Relations Act 1979 with effect on and from the date hereof.

(Sgd.) G.L. FIELDING, [L.S.] Commissioner/Public Service Arbitrator.

Water Authority of Western Australia (Enterprise Bargaining) Agreement 1993.

Date: January 27, 1994.

This Enterprise Agreement shall be known as the Water Authority of Western Australia (Enterprise Bargaining) Agreement—1993.

2. Arrangement. 1. Title 2. Arrangement 3. Parties Bound 4. Date and Period of Operation and Review 5. Relationship to Parent Awards 6. Federal And State Wage Principles 7. Single Bargaining Unit 8. Shared Vision For WAWA 9. The Consultation Process to Achieve This Agree-

ment 10. What Do We Want To Achieve Through Enter-

prise Bargaining 11. Objectives Of This Agreement And Steps To Get

There 11.1 Broad Agenda 11.2 Structure of Issues

12. The Issues 12.1 Workplace Change 12.2 Management of Work and Use of Resources 12.3 Demarcation 12.4 Mobility 12.5 Single Employer Status 12.6 Single Award 12.7 Continuous Workplace Improvement

13. Dispute Resolution Process 14. Consultative Mechanism 15. Workforce Management 16. Measurement of Organisational Productivity 17. Workplace Key Performance Indicators 18. Timetable for Payments 19. Attestation

Appendix 1 Gainsharing/Payment Appendix 2 Dispute Resolution Procedure Appendix 3 Salary and Wage Rates

3. Parties Bound. (1) This Agreement shall be binding upon the Public

Service Commissioner, the Water Authority of Western Australia (WAWA), the organisations of employees set out below and, with the exception of the Chief Executive Officer, all persons employed by WAWA who are members of or who are eligible to be members of the following organisations of employees:

Australian Liquor Hospitality and Miscellaneous Workers Union (LHMU);

AWU—FIMEE Amalgamated Union (AWU); Civil Service Association of Western Australia/State

Public Services Federation (Western Australian Branch) (CSA/SPSF);

Metals and Engineering Workers Union (MEWU); Australian Electrical, Electronics, Foundry and

Engineering Union (AEEFEU); Federated Clerks Union (FCU); Operative Painters and Decorators Union of Austra-

lia (OPDU). Construction Mining Energy Timberyards Sawmills

& Woodworkers Union of Australia (WA Branch) (CMETU)

4. Date and Period of Operation and Review. 1. This Agreement shall operate from the beginning of the

pay period during which this agreement is registered in the Australian and Western Australian Industrial Commissions and shall remain in force for a period of two (2) years from the date of certification/registration which is January 27, 1994.

2. The parties will review this Agreement six months prior to the date of expiration of this Agreement as to the renewal or replacement of the Agreement.

3. The parties will assess achievements in performance, productivity and efficiency during the term of this Agree- ment.

4. Following the process of reviewing this Agreement it will be renewed or replaced by another Agreement or cancelled as appropriate. However the pay quantums achieved as a result of this Agreement will remain and form the new base pay rates for future agreements or continue to apply in the absence of a further agreement. The parties agree to continue the spirit of this agreement until replaced by a further agreement.

5. Relationship to Parent Awards. This Agreement shall be read and interpreted wholly in

conjunction with the following Awards: The Australian Workers Union Construction,

Maintenance and Services (WA Government) Award 1987;

Metropolitan Water Supply Sewerage and Drainage Employees Western Australia Award 1988;

Government Water Supply Sewerage and Drainage Employees Award 1981;

Building Trades (Government) Award 1968; The Government Water Supply, Sewerage and

Drainage Foremen's Award 1984; Clerks (Public Authorities) Award 1987; Catering Employees and Tea Attendants (Govern-

ment) Award 1982; Public Service Award 1992;

and/or registered Agreements or their successor's, provided that where there is any inconsistency, this Agreement shall prevail to the extent of the inconsistency.

6. Federal and State Wage Principles. 6.1 It is a condition of this Agreement that there shall be

no further wage increases for its life except where consistent with a National or State Wage Case decision.

6.2 The parties to the agreement shall be bound by the terms of the Agreement for its duration.

6.3 The parties to the Agreement shall oppose any applications by other parties to be joined to this Enterprise Agreement.

6.4 The terms of this Agreement will not be used to progress or obtain similar arrangements or benefits in any other enterprise.

6.5 No provisions in this Agreement shall operate to cause any employee a reduction in ordinary time earnings, or to cause a departure from the standards of the Australian Industrial Relations Commission and Western Australian Industrial Relations Commission in regard to hours of work, annual leave with pay or long service leave with pay.

7. Single Bargaining Unit. 7.1 The Organisations of employees covered by this

Agreement have, together with Water Authority management and employees, formed a Single Bargaining Unit (SBU) in accordance with the requirements of the January 1992 State Wage Case Decision of the Western Australian Industrial Relations Commission (72 WAIG 191) and the October 1991 National Wage Decision of the Australian Industrial Relations Commission (PRINT KO300).

7.2 The SBU has held negotiations with WAWA and reached All agreement on the terms of this Agreement.

7.3 This Agreement has been presented to employees of the Water Authority of Western Australia who have endorsed it.

8. Shared Vision for W.A.W.A. 8.1 The Parties to this Agreement are committed in

striving to achieve the Water Authority of Western Australia's vision which is—

TO EXCEL IN SATISFYING OUR CUSTOMERS NEEDS FOR THE PROVISION OF QUALITY WATER AND WATER RESOURCE MANAGE- MENT SERVICES

8.2 Water Authority of Western Australia's mission is— TO PROVIDE QUALITY WATER UTILITY AND WATER RESOURCE MANAGEMENT SERVICES.

In achieving our mission we have five primary values which shape the way we will operate. These are—

• Satisfying our customers • Continuous Improvement • Respect for people and their rights • Integrity • Concern for the Natural Environment

8.3 To achieve our vision and mission we will need to pursue the following supporting objectives—

• Operate in a commercial manner using best management and operating practices consistent with the overall Government policies.

• Provide cost effective services at minimum long term cost.

• Develop an equitable, safe and healthy work environment in which employees personal contributions and growth are supported and encouraged.

• Deliver agreed community services on behalf of the Government.

• Achieve an agreed economic return on behalf of the Government.

• Meet all regulatory obligations. • Actively fulfill our environmental commitment

and the principles of environmentally sustainable development.

9. The Consultative Process to Achieve this Agreement. In order to achieve this Agreement the parties agreed to

form a single bargaining unit, comprising Management, Employees and Union representatives.

The processes established in arriving at this Agreement involved regular consultative meetings between the relevant Unions, the Water Authority and Employee Representatives.

The education process involved half day awareness and information sharing sessions at all workplaces. These awareness sessions were followed up by regular up-to-date information sent to the workplace both on hard copy and through the Authority's office automation system.

The approval process involved all employees at the workplace. All employees received a copy of the Agreement

in advance of an explanatory overview provided in the workplaces. Employees then voted, resulting in endorse- ment of the Agreement. These processes will cease to exist once this Agreement is ratified by the Industrial Commis- sions.

10. What Do We Want to Achieve Through Enterprise Bargaining.

The Water Authority of Western Australia is a quality organisation that will continually strive to improve it's business processes and performance. Enterprise Bargaining will assist this by—

10.1 Improving the quality of working life for all Authority employees.

10.2 Facilitating an efficient improvement process by encouraging all employees, management and workforce to identify and deal with real productivity barriers in a participative manner.

10.3 Continuous improvement of all processes to achieve reduced cost, less waste and improve quality, technology, work organisation, customer service, delivery, timelines, safety and training.

10.4 All employees actively supported by their respective supervisors contributing ideas for improvement of opportunities and assisting with their implementation and overcoming barriers to improvements.

10.5 Encouraging and facilitating teamwork and team performance with the ultimate objective of achieving self managed work teams with effective leadership at all levels.

10.6 Employees having a strong focus on satisfying internal and external customer requirements.

10.7 Employees cooperating with each other and other work teams.

10.8 Employees collecting and using necessary data to improve organisational performance.

10.9 Improving existing consultative processes. 10.10 Developing the skills of employees through the

provision of appropriate training. 10.11 Continuing and supporting the programme of

structural efficiency and workplace reform commenced in 1989. The programme of work to be completed is contained within the various memo- randums of Agreements, Awards, Understandings and Agreements reached in various formal consultative forums (JDIC/JEC's), between the Water Authority of Western Australia and Unions.

11. Objectives of this Agreement and Steps to Get There. 11.1 BROAD AGENDA

In accordance with the National and State Wage Fixing Principles, the parties acknowledge that a broad agenda must be considered in the implementation of improved productivity within the Water Authority of Western Austra- lia. 11.2 STRUCTURE OF ISSUES

Central to this Agreement is a commitment to the process of continuous improvement which will be the vehicle for sustained productivity improvement in the years ahead. In addition the Agreement focuses on some structural issues that will assist workplace improvement.

The parties acknowledge that the Authority's employees are the organisation's most valuable asset and that involvement in and the development and implementation of processes for continuous workplace improvement will be done in full consultation with employees and their Union representatives.

12. The Issues. 12.1 WORKPLACE CHANGE

It is agreed that the Authority must be able to operate its business on a 365 day 24 hours a day basis.

74 W.A.I.G. 2999

Any move to alter how work is arranged must support the organisation's vision and be consistent with operational objectives. The focus must be on satisfying our customers requirements and delivering a service in the most effective and efficient way.

Because of the different types of businesses within the Authority, no one work arrangement will be suitable to all businesses. Therefore workplace specific arrangements will need to be developed that match the business of a particular workplace.

The Authority will continue to offer more empowerment to employees. This process will link with the continuous improvement initiatives.

An integral part of the workplace change process will be the move towards implementation of self managed work teams. This is seen as an integral part of increasing the productivity of the Authority.

The parties acknowledge that the above initiatives will result in fundamental changes to how our workforce is organised and that this will result in such aspects as reducing the layers of management, job design and the integration of occupational groups.

It is agreed that this process will be done with full consultation with employees.

It is further agreed that any changes to work arrangements that require changes to award provisions will be discussed with the relevant union representative and will be considered for inclusion into the consolidated award. MILESTONES:

For the 12 month payment: 1. Develop a Policy Statement of intent of Clause

12.1; 2. Develop a generic process (which includes em-

ployee participation in the relevant workplaces); and

3. Develop plans for implementation in identified workplaces.

For the 24 month payment: 1. Review and audit process; 2. Develop plans for implementation in identified

workplaces; and 3. Implementation of plans in workplaces identified

in the first 12 months. 12.2 MANAGEMENT OF WORK AND USE OF RE- SOURCES

The parties agree to continue with the orderly implementation of improved work management, scheduling and reporting methods across all areas of the Authority.

This will assist in providing a quality service to customers by—

• Improved efficiency of scheduling, allocation and performance reporting of work undertaken

• Managing the business with data, which is timely and accurate

• Workforce flexibility (both geographic and functional) including work commencing from, and finishing at home where it does not prejudice worker's compensation coverage.

• Measurement and reporting of work performance to determine best practice, benchmarking and standards, communicating results with work teams and taking appropriate action to continually improve performance

• Improved management and supervisory practices to give more responsibility to work teams, within guidelines, and management with information.

• Increased devolution of accountability and responsibility leading to self managing work teams

• Simplification and change of work processes and procedures

® Implementation and use of new technologies including advanced communications and information technology systems

The Works Management System will not be used to assess an individual employee's performance. 12.3 DEMARCATION

The introduction of new technologies, increasing empowerment of employees, the move towards self managed work teams and a focus on continuous workplace improvement will result in work being organised on a whole of job approach. This will necessitate changes to some existing work practices and the removal of current restrictions and restraints that impact adversely on performance. These may apply to work practices across trades and occupational groups or across functions.

This is a continuation of processes already underway such as the cross skilling initiatives in the trades the non-trades areas and in the salaried employees area.

The parties to this agreement support the concept of removing demarcation from the work place as this is fundamental to improving productivity. By removing demarcation there are numerous benefits both to the employer and employee such as:

• improved level of service to our customers • increased job satisfaction • improvements in productivity which leads to pay

increases . • the concept of empowerment, ownership and pride • reduction in overheads

The parties agree to remove demarcations as they are identified through workplace change initiatives and acknowledge that provided that safety and relevant training are addressed all demarcation issues will be positively addressed to remove their restrictions to productivity. Every endeavour will be made to resolve individual demarcations at the workplace through consultation with employees and their union representatives. MILESTONES:

For the 12 month payment: Where a demarcation issue is identified by a

Workplace Team, within 6 months, an agreed strategy will be identified to address that demarcation.

For the 24 month payment: Where a demarcation issue is identified by a

Workplace Team, within 6 months, an agreed strategy will be identified to address that demarcation.

12.4 MOBILITY The Water Authority has a statutory responsibility to

operate efficiently and to meet our customers needs for the provision of quality water services and water resource management.

The Authority has the ability to move its workforce to meet the changing work loads and requirements and the parties to this agreement agree that the Authority will continue to move employees within established mechanisms.

Mobility can be for either short or long term periods and may be within regions or across regions, branches or sections.

The Water Authority already has mechanisms in place to move the workforce through the 'Western Australian Government Employees Redeployment Retraining and Redundancy General Order". In 1987 under the 4% Second Tier Agreement it was agreed there would be relocation of wages employees between regions. In 1990 the 'Second Memorandum of Agreement' identified the need to discuss the important issue of mobility under award restructuring. Mobility is also mentioned in the "Metropolitan Water Supply Sewerage and Drainage Employees Award of 1988' under clause 54 (a)(ii) Introduction of change which states in part: "the need for retraining or transfer of employees to other work or locations and restructuring of jobs". Condi-

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.I.G. BGQO

tions covering mobility of salaried officers are defined in the Public Service Award 1992 and Public Service Act 1978.

The Authority will ensure employment security of its employees, however,' job security cannot be assured.

Mobility has been included as an issue in this agreement to enable implementation of a uniform approach throughout the Authority.

The parties agree to develop, within 12 months of registration of this agreement, an Authority wide set of guiding principles for mobility which will include consideration of employees personal, financial and family commitments and provide for consultation with employees. Whilst these guiding principles are being developed the Authority will continue to move employees in accordance with existing mechanisms. These principles will be developed in consultation with employees and their union representatives, provided that the Tferms of Reference for these principles are developed in such a way that current and future Public Sector-wide redeployment and mobility opportunities are not reduced. MILESTONES:

For the 12 month payment: Develop "Guiding Principles" for mobility within

12 months of the date of commencement of the Agreement.

For the 24 month payment: Audit the effectiveness of the use of the Guiding

Principles. 12.5 SINGLE EMPLOYER STATUS

The parties agree to move towards single employer status for all Water Authority of Western Australia employees. A proposal will be developed by the parties to this Agreement for presentation to Government within twelve (12) months of the date of commencement of this Agreement. 12.6 SINGLE AWARD

Currently employees of the Authority are covered by 11 separate awards

The Engineering Trades (Govt) Award 1968 and the Government Water Supply (Kalgoorlie Pipeline) Award 1981 are currently being consolidated into the Government Water supply Sewerage and Drainage Award 1981.

The Metropolitan Water Supply 1988 Award and The Australian Workers Union Construction, Maintenance and Services (WA Government) Award 1987, Schedule E and the Government Water Supply, Sewerage and Drainage Forepersons Award closely mirror each other as a result of work under the Structural Efficiency Principle.

Similarly the Clerks (Public Authorities) Award 1987 and Public Service Award 1992 closely mirror each other.

This agreement seeks to consolidate in two parts, all awards into a Single Enterprise Award specific to the Water Authority. The objective of this consolidation is to promote improved workforce flexibility by removing barriers that inhibit performance. The parties agree that within twelve (12) months of registration of this agreement to consolidate all awards into a Water Authority specific award covering all Authority employees on the following basis:

• There will be common conditions of employment that will cover clauses in the various awards that are either common to all awards or can be made common within twelve months of the registration of this agreement.

• There will be three separate salary/wages classifications in the award (these being:— trades, non-trades and salaried) together with the respective mechanisms to operate each salary/wages classification as developed under various structural efficiency exercises and clauses from existing awards and agreements (eg District Electrical Technicians Agreement, Travelling Fitters Agree- ment etc) that are peculiar and applicable to each parent award.

• Unions will be party to the award.

Within the second twelve months of this agreement, the parties agree to consolidate clauses that are not common with a view to determining their appropriateness in progressively incorporating them into the common conditions.

The parties agree to move towards a common classification structure supported by a competency framework made up of appropriate nationally endorsed (e.g., National Training Board, Public Service Commission, National Electrical & Electronic Industry Training Committee, etc) and enterprise specific competency standards.

The parties acknowledge that the resolution of demarcations which may arise by any of the initiatives in this agreement shall not confer on any party to the Agreement, an ability to dispute existing Union coverage for the life of the Agreement.

MILESTONE: An application for Registration of the Single Award with

the Australian and Western Australian Industrial Commis- sions within twelve (12) months of the date of Registration of this Agreement.

12.7 CONTINUOUS WORKPLACE IMPROVEMENT It is agreed that there will be full support and involvement

to the on-going process of continuous improvement. This strategy is targeted to support the Water Authority

Vision and Mission. A fundamental ingredient in the achievement of this

strategy is the involvement of all Water Authority employees in its development and implementation. The consultative mechanisms and the education process will be critical to this process.

The process of continuous improvement has been progressively implemented within the Authority over the past 3 years. However it has not yet been fully operational- ised within all workplaces within the Authority. The parties agree to promote the involvement of all employees in continuously improving their workplaces and to actively work to remove barriers to its implementation.

In particular the parties agree to focus on the following issues:

1. Customer Focus: • Building customer requirements into the

design of new products, services or processes.

• Ensuring that all employees understand that organisational success comes from satisfying internal and external customer requirements.

2. Leadership and Behaviour: All employees:

• Having a shared vision of the future. • Focusing on achieving the long term aims of

the organisation whilst continually satisfying short term requirements.

• Demonstrating ethical and best behaviours by example.

• "Coaching" and not "Judging" behaviour. • Eliminating fear and developing trust

amongst all employees. 3. Involvement of People:

• Systematically involving all employees through team work.

• Ensuring communication is open, effective and two-way, with clear concise guidance.

• Empowering employees at all levels to be involved in making decisions in their workplace wherever possible.

• Providing employees with necessary training to assist employees to undertake continuous workplace improvement.

• Understanding and acceptance by all employees that everyone is responsible for the quiity of their work.

4. Acting on Facts and Knowledge: • Making decisions on the basis of accurate

information, data and knowledge. • Developing effective and efficient processes

to solve problems and improve quality. • Ensuring that all employees understand their

responsibilities, how to measure their effectiveness and how to target improvement.

• Collecting data that is informative and relevant so that it can be interpreted correctly.

5. Emphasis on Process and Systems: • Participating in cross functional improve-

ment activities. • Ensuring that the processes are documented,

controlled and constantly improved. • Involving external suppliers as partners in the

quality improvement process. 6. Emphasis on Continuous Learning:

• Treating mistakes and problems as opportunities to learn and improve.

• Standardising gains and communicating improvements to other areas other organisation that might also learn from them.

7. Structure for Continuous Improvement • Developing a framework to enable employ-

ees to submit ideas, obtain decisions and receive feedback on their ideas.

• Develop appropriate organisational structures to support the process of continuous improvement.

• Recognising and rewarding employee's efforts and achievements through gainsharing (see Section 16) and the Authority's recognition scheme.

MILESTONE: For the 12 month payment:

The process for Continuous Workplace Improve- ment developed and progressively implemented.

For the 24 month payment: Evaluation and audit of the Continuous Workplace

Improvement process. The majority of Workplace Tfeams have implemented Continuous Workplace Im- provement processes.

13. Dispute Resolution Process. Where an issue arises that cannot be settled by the parties,

and the matter relates to an interpretation of, and/or the interpretation of the intent of the issues contained in this agreement, the parties agree to adopt the dispute resolution process detailed in Appendix 2 of this agreement to resolve the issue(s).

14. Consultative Mechanism. The parties are committed to working together to improve

the business performance and working environment of the Authority.

Consultation in the context of this agreement is defined as information sharing and discussion on matters relevant to the operation of the Authority. It is acknowledged by the parties to this agreement that decisions will continue to be made by the Authority which is responsible and accountable to Government through statute for die efficient and effective operation of its business.

As part of this Agreement, the Authority agrees to establish processes which will facilitate employee involvement.

The processes will be at three levels— (1) at the workplace level employees will be involved

in contributing to improve the efficiency and effectiveness of their work teams within set policies and guidelines.

(2) Regions/Branch/Section level. A representative cross section of employees will be involved in discussions on all matters relevant to the work area including planning initiatives such as region/ branch plans, the progressive establishment of self managed teams, policies affecting only that region/branch etc.

(3) At the strategic and corporate level the parties agree to establish a peak forum to monitor, review and have input into the progress of the implementation of the enterprise agreement and to actively share information and consult on corporate strategic issues affecting the Authority's business operation.

The parties to the Peak Forum will consist of senior management, a Union official and an employee representative from each Union.

15. Workforce Management. (a) The parties recognise that the Authority provides

quality services that in the main are competitive. The parties are committed to improve the Authority's processes so that it can improve its competitive position.

(b) The parties agree that a review will be undertaken of each function and service which will analyse their strategic importance to the Authority/Community and their competitiveness with the aim of providing an efficient and effective quality service to its customers.

The reviews will be undertaken with employee's involvement. Expert industry assistance will be sought if and when required.

(c) Where the results indicate that a function or service is strategic but not efficient or effective, every endeavour will be made to improve its competitive position relative to Best Practice industry benchmarks through continuous improvement processes. If however the function or service remains uncompetitive, other options for providing the function or service will be considered.

The parties agree that prior to such considerations, all relevant information will be shared and discussed with employees and their union representatives and, all parties will provide input to the decision making process.

(d) The Authority,.in consultation with employees and their union representatives will work towards determining the most effective arid efficient means of using internal and external resources, with proper regard to the needs, security, training and development and long term efficiency of employees within the Authority.

(e) Where there are more cost effective solutions than in-house service provision and these impact on our existing employees, the parties agree to continue to use the current practice of internal redeployment, retraining and voluntary severance to match the expectations of Authority employees with the needs of the Authority.

The parties agree that arbitrary job reductions are not a sound basis upon which to secure improvements in productivity.

The parties agree that the Peak Forum will consult on all matters (as outlined in this clause) affecting workforce management.

16. Measurement of Organisational Productivity. The parties to this Agreement acknowledge that the Water

Authority will use a "Tomqvist Total Factor Productivity Index", following the methodology laid down by the Industry Commission report "Measuring the Total Factor Productivity of Government Trading Enterprises", to determine the pool of 'savings' available for wage and salary increases during this agreement. The TFP methodology adopted by the Authority for the life of this Agreement is

attached at Appendix 1, and will not be altered without the approval of all parties to the Agreement.

While the Unions party to this Agreement have a basic philosophical problem with the principle of TFP measurement, they agree that, for the life of this Agreement, the TFP model will be used by the Water Authority to determine the savings 'pool*.

17. Workplace Key Performance Indicators.

The parties have agreed to move toward the implementation of self-managed work teams throughout the Authority to fundamentally alter the way work is organised within the Organisation. The parties acknowledge that the implementation of self managed work teams will need to be strategically managed and phased in.

An action/implementation plan for the introduction of self managed work teams will be developed in accordance with the broad direction agreed between the parties. The successful introduction of work based teams is dependent upon investment in appropriate and agreed training to all Water Authority employees. The training packages will be discussed with unions and their input taken into consideration prior to implementation, and will include skills development for workteams and specialist leadership training for co-ordinators/coaches. Part of the agreed direction is to commence the development of Key Performance Indicators (KPI's) and the necessary training for its introduction in the workplace.

Each workteam will be required to establish at least six key performance indicators relevant to their work, which will include between two and four corporate indicators in the following categories:

• Occupational Health, Safety and Welfare; • Customer Satisfaction;

• Employee Satisfaction; and • Controllable Costs.

The team will then establish performance targets (improvements in the KPI's over a time period) which are realistic and achievable, and will be responsible for monitoring and evaluating their KPFs, recognising that they are an instrument for continuous improvement.

Payment of the first year bonus as calculated in Appendix 1 will be for the "milestone" of establishing team and corporate Key Performance Indicators as outlined in this agreement.

Within twelve (12) months of registration of this agreement, each workplace will establish their workplace specific KPI's, performance targets and monitoring process. Team monitoring of KPI's will commence during this period.

The parties agree that our target is to establish the KPI's in the first year. The parties will continuously monitor the implementation of teams and the development of KPI's to ensure that this project is completed within the life of this agreement.

Payment of the second year bonus will be paid for the review and refining of the KPI's; and the ongoing implementation and monitoring of this process.

Whilst the parties are committed to achieving the various milestones in this Agreement, it is recognised that there may be unforeseen circumstances which arise that preclude this achievement in some workplaces. The parties agree that the bonus payment will be paid for the milestone of implementation of KPI's into 90% of workplaces. In the event of the milestones not being achieved the bonus payment will be postponed until such milestone has been achieved.

Pay Increases (%)

18. Timetable for Payments.

Period (Months)

Pay Increases (KPI's)

Guaranteed 1.5% Start -

Registration of Agreement

Guaranteed 1.0% 6 months

Actual TFP achieved less the initial and six month payments made. Subject to achievement of milestones.

12 months Guaranteed S250 minimum salary bonus for establishment of KPI's. Size of bonus subject to level of TFP achieved.

Guaranteed 2.0% 18 months

Actual TFP achieved less 18 month payment made. Subject to achievement of milestones.

24 months Guaranteed S250 minimum salary bonus for monitoring KPI's. Size of bonus subject to level of TFP achieved.

rci» ■I 74 W.A.I.G.

19. Attestation. Signed for and on behalf of the Water Authority of

Western Australia by R. Burrows, A/Managing In the presence of L. Thornton Director Date 27/1/94 Date 28/1/94

Signed for and on behalf of the Public Service Commis- sion of Western Australia (PSC) A. Merton In the presence of D. Holling-

worth Date 27/1/94 Date 27/1/94

Signed for and on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union (LHMU) S. Jackson In the presence of J. Butcher Date 27/1/94 Date 27/1/94

Signed for and on behalf of the AWU—FIMEE Amalga- mated Union (AWU) by R. Blewitt In the presence of D. Vyner Date 27/1/94 Date 27/1/94

Signed for and on behalf of Western Australian Branch (CSA/SPSF) by D. Robinson In the presence of K. F. Franz Date 27/1/94 Date 27/1/94

Signed for and on behalf of the Metal and Engineering Workers Union (MEWU) by J. Sharp-Collett In the presence of B. Abrahams Date 27/1/94 Date 27/1/94

Signed for and on behalf of the Australian Electrical, Electronics and Engineering Union (AEEFEU) by W. Game In the presence of B. Abrahams Date 27/1/94 Date 27/1/94

Signed for and on behalf of the Australian Seamens Union of Workers W.A. Branch W. Smith In the presence of B. Abrahams Date 28/1/94 Date 28/1/94

Signed for and on behalf of the Operative Painters & Decorators Union of Australia (OP&D) F. Smith In the presence of B. Abrahams Date 27/1/94 Date 27/1/94

Signed for and on behalf of the Construction Mining Energy Timberyards Sawmills & Woodworkers Union of Australia (WA Branch) CMETU by R. Tbdd In the presence of B. Abrahams Date 27/1/94 Date 27/1/94

Appendix 1 Gainsharing/Payment.

A 1.1 TOTAL ORGANISATION SAVINGS

Total organisation savings will be calculated by the following formula:

SAVINGS = TFP ORGANISATION EXPENDITURE

Where:

Savings = total organisation savings.

TFP =Tomqvist TFP index for previous year as defined in Section 16 expressed as a percentage change.

Organisation expenditure = expenditure as defined for TFP index.

A1.2 EMPLOYEES SHARE OF SAVINGS

The employee share of total organisation savings will be calculated in two portions:

(a) the 'regular' payment, equal to 24% of the savings as defined in Section Al.l

(b) the "bonus" payment, equal to 9% of the savings as defined in Section Al.l.

A1.3 PAYMENT OF 'REGULAR' EMPLOYEE SHARE

The 'regular' employee share, as defined above will be calculated as a percentage pay rise due to employees by the following formula:

'Regular' pay rise = Employee 'Regular' Payment

Labour expenditure as defined for TFP

A1.4 PAYMENT OF 'BONUS' EMPLOYEE SHARE The 'bonus' employee share, as defined above, will be

calculated as a flat pay rise due to employees by the following formula:

Flat share = Average pay P.A. x bonus percentage where: Flat share = flat pay rise to all employees (note that

part-time employees to be paid pro-rata to their equivalent hours eg. 50% PTE employee paid 50% of bonus).

Average pay P.A = Direct labour expenditure

Total EOY PTE employees Direct labour expendi- total amount paid in employee ture = pay packets (note this is not

the same as labour expenditure defined for TFP, which includes overheads).

Total EOY PTE em- the number of full time equiv- ployees = alent employees of WAWA at

the end of the year. Bonus percentage = Employee 'Bonus' Payment

Labour expenditure as defined for TFP

A 1.5 DISTRIBUTION OF FIRST YEAR 'REGULAR- PAY INCREASES

The pay rise will be distributed as follows: (a) on signing of the agreement 1.5% (b) after six months 1% (c) after 12 months the total 'regular' pay rise due to

employees for the first year will be calculated as outlined in Section A1.3. This will then be compared against pay rises granted ie. 1.5% and 1%, a total of 2.515% cumulative.

If the 'regular' pay rise is greater than 2.515%, the balance owing to employees will be calculated as follows:

Balance owing = {(1 + payrise) - 1} x 100%

1.02515 Where: Balance owing = percentage extra pay rise for employees. Pay rise = 'regular' pay rise expressed as a

decimal. The 'balance owing' will then be paid to employees, provided that the milestones associated with each of the issues in the Agreement have been achieved.

If the milestones designated as required for achievement by 12 months have not been achieved, the 'balance owing' pay rise will be postponed until such milestones have been achieved.

If the 'regular' pay rise equals 2.515%, then employees will have no additional pay rise for that year, apart from any due under the 'bonus' payment.

If the 'regular' pay rise is below 2.515%, the loss carry forward' provision comes into effect.

The functioning of this provision is described in Section A1.9.

A1.6 DISTRIBUTION OF FIRST YEAR 'BONUS' PAY INCREASES

The ' 'bonus" is a Lump Sum Payment paid at twelve (12) and twenty four (24) months of this Agreement.

It shall be paid as an initial Lump Sum Payment. It is subsequently added to the employee's weekly wage/salary at the rate of 1/52.166 of its amount.

A1.7 DISTRIBUTION OF SECOND YEAR: 'REGU- LAR' PAY INCREASES

The pay rise will be distributed as follows: (a) eighteen months into the agreement 2% (b) after 24 months the year two 'regular' pay rise due

to employees for the second year will be calculated as outlined in Section A 1.3

This will then be compared against pay rises already granted ie. 2% and the 'loss carry forward', if any.

If the 'regular' pay rise is greater than 2%, and there is no "loss carry forward" from year 1 the balance owing to employees will be calculated as follows:

Balance owing {(1 + payrise) - 1) x 100%

1.02 where: Balance owing = possible year 2 percentage pay rise

for employees Pay rise = 'regular' pay rise for year 2 expressed

as a decimal. The 'balance owing', will then be paid to employees,

provided that the milestones associated with each of the issues in the Agreement have been achieved.

If the milestones designated as required for achievement by 24 months have not been achieved, the 'balance owing' pay rise will be postponed untU such milestones have been achieved.

If the 'regular' pay rise is equal to or below 2%, there will be no additional "balance owing" pay rise for employees, If the 'regular' pay rise is below 2%, or there is a' Toss carry forward" from year one the year two loss carry forward provision comes into effect.

This is described in Section A 1.9. A 1.8 DISTRIBUTION OF SECOND YEAR: 'BONUS'

PAY INCREASES As for Section A 1.6 Should the Toss carry forward' provision be in effect, the

size of this bonus may be reduced as set out in Section A 1.9. A 1.9 LOSS CARRY FORWARD PROVISION Any shortfall between the total amount paid to employees

against projected TFP savings, and the actual TFP calculated at the conclusion of each twelve (12) months of this agreement, shall be deducted from the twenty four (24) month payment in excess of the guaranteed minimums payable for the achievement of the Key Performance Indicator milestone.

A 1.10 APPLICATION OF PAY INCREASES Any pay increase subsequent to the first pay increase will

be based on the quantum from the previous pay increase and will be in addition to wages and salaries prescribed in the Parent Awards as per Section 5 of this Agreement.

The award rates as prescribed in the above awards together with the accumulated Enterprise Bargaining adjustments will remain in force until varied or replaced by a new Enterprise Agreement or Award.

Appendix 2 Dispute Resolution Process. Unless otherwise agreed by the parties to this agreement

at an Enterprise level, the following procedure will apply: (a) This procedure is entered into by all parties in the

interests of promoting a more open environment conducive of change.

Parties to this procedure shall at all levels regard any dispute raised as a matter of importance.

This is not a procedure for the resolution of safety matters.

The unions and respondents shall take steps to jointly notify all employees covered by this procedure of its terms and obligations.

(b) Objective The objective of the parties to this procedure is

to avoid industrial disputes and resolve issues by: (i) providing a mutually satisfactory mechanism

for dealing with issues; (ii) clearly identifying the issue/dispute;

(iii) engaging expeditiously in: (1) consultations and discussions; and/or (2) negotiations

(iv) having regards to the rules of natural justice abiding by the following procedure to facilitate an early resolution at the local level or wherever is most practicable for an amicable settlement.

(c) Definitions An issue is a difference of opinion between an

employee or group of employees and management concerning an interpretation or the implementation of this agreement. It shall include a disagreement, complaint or grievance raised about any interpretation or the implementation of this agreement matter by either party.

A dispute is an issue which cannot be resolved by discussion between local management and employees.

In the event of a dispute arising and this disputes settlement procedure being invoked by either party, the status quo shall be maintained pending resolution of the dispute by conciliation or arbitration. "Status quo" shall mean that which is the usual custom and practice applied to work arrangements.

That in the event of a dispute over the facts of what constitutes the status quo, the parties shall:

(i) At the level of employee—immediate supervisor/management affected by the dispute have discussions as soon as is practicable with a view to reaching agreement on what is to apply pending resolution of the dispute, in which way as such an agreement shall be deemed to be the status quo for the purposes of this procedure.

(ii) In the event of no agreement being reached in subclause (i) the parties shall refer that matter to the Australian/Western Australian Industrial Relations Commission(s) for a conference, at which each party may put its proposal for the interim arrangement to apply on without a prejudice basis.

(d) Stages of Procedure Any dispute or issue is to be dealt with in

accordance with the following procedure. At each stage discussion shall be confined to the issue as first stated.

(i) Issue Resolution Stage (1) Any employee, group of employees or

employer with a grievance or complaint will discuss it at a local level with their immediate supervisor or union representative in the case of the employer in the first instance; provided that this does not prevent a shop steward or union representative from directly approach- ing the immediate supervisor on behalf

of such employee(s) or being present at such meeting and does not prevent any officer of the employer from being present on behalf of management.

(2) The supervisor or union representative will make any necessary enquiries and will attempt to resolve the matter or provide an authoritative answer if not on the day the issue is raised then as soon as it is practical to do so.

(3) If any such issue requires time to provide an answer, the supervisor will keep the employee(s) informed of the progress, until an answer has been given.

(4) If the employee or group of employees continues to be aggrieved or the issue is still in dispute, Stage 1 of the procedure shall be invoked.

(5) However, where the issue(s) has wide- spread implication for the employers employees represented by the union(s) concerned. Stage 2 of the procedure shall be the first step in the dispute settlement process.

(ii) Dispute Resolution Stage

Stage 1

(1) If an issue is unresolved after application of Preliminary Stage and/or the employee(s) or employer continues to be aggrieved, then the dispute should be submitted in writing to the Supervisor's Manager, or employee and Union Offi- cial or Representative, within five (5) working days (excluding Saturdays, Sundays and Public Holidays).

Employees are recommended to seek the advice of their shop steward/ workplace delegate/councillor at this stage if they have not already done so.

(2) As soon as possible, but usually within two (2) working days (excluding Satur- days, Sundays and Public Holidays), of receipt of the document, the Manager or nominated representative and/or Union Representative shall convene a meeting with a view to making a decision as to the action to be taken.

(3) The employee's shop steward/ workplace delegate/councillor or union official, together with another member of management may be present. Each party is to be given prior notice of who will be present at the meeting.

(4) The Manager or nominated representative shall confirm the decision in writing to the parties concerned.

(5) If the employee or employer continues to be aggrieved or unreasonable delay on the part of management or union representative has resulted in Stage 1 not being implemented or the issue is unresolved after the application of Stage 1 of this procedure, then the matter as first stated shall be referred in writing to the Manager responsible for Indus- trial Relations for the employer, or the relevant Union Branch Secretary(s).

(iii) Stage 2

(1) On being notified of an unresolved issue/grievance the Industrial Relations Manager will arrange a meeting between the State Secretary of the Union(s) or nominee(s), the Union's local representatives (if any), the Re- gion/Branch Manager involved or nominee and the local employer representative(s).

(2) A meeting shall be arranged as soon as possible by normally within three (3) working days of a request by a party (excluding Saturdays, Sundays and Pub- lic Holidays). Depending upon the nature of the issue, an extension to the three day provision may be agreed between the parties.

(3) Each party shall be given reasonable notice of the issues to be discussed or negotiated at the meeting convened.

(4) If Stage 2 of the procedure is completed without the full resolution of the issue(s) the parties may proceed to Stage 3.

(iv) Stage 3

Each party is free to refer any industrial matter to the Australian/Western Australian Industrial Relations Commission as appropriate. In keeping with the spirit of this procedure, this would be after Stage 2 is completed.

Water Authority of Western Australia (Enterprise Bargaining Agreement 1993) Appendix 3.

AUSTRALIAN WORKERS UNION CONSTRUCTION, MAINTENANCE AND SERVICES (W.A.

GOVERNMENT) AWARD 1987.

Schedule E—The Water Authority of Western Australia Schedule.

Clause 4.—Wages. Classification Wage Start Tbtal 6 Months Tbtal Water Industry Per Week 1.5% $ 1.0% $ Worker Level $ $ $ W.I.W. Level 6.4 579.65 8.70 588.35 5.90 594.25 W.I.W. Level 6.3 557.35 8.35 565.70 5.65 571.35 W.I.W. Level 6.2 535.05 8.05 543.10 5.45 548.55 W.I.W. Level 6.1 523.90 7.85 531.75 5.30 537.05 W.I.W. Level 5.4 512.75 7.70 520.45 5.20 525.65 W.I.W. Level 5.3 501.60 7.50 509.10 5.10 514.20 W.I.W. Level 5.2 490.45 7.35 497.80 5.00 502.80 W.I.W. Level 5.1 479.30 7.20 486.50 4.85 491.35 W.I.W. Level 4.2 468.15 7.00 475.15 4.75 479.90 W.I.W. Level 4.1 457.05 6.85 463.90 4.65 468.55 W.I.W. Level 3.2 445.90 6.70 452.60 4.55 457.15 W.I.W. Level 3.1 437.70 6.55 444.25 4.45 448.70 W.I.W. Level 2.4 434.00 6.50 440.50 4.40 444.90 W.I.W. Level 2.3 424.10 6.35 430.45 4.30 434.75 W.I.W. Level 2.2 414.20 6.20 420.40 4.20 424.60 W.I.W. Level 2.1 406.95 6.10 413.05 4.15 417.20 W.I.W. Level 1 403.85 6.05 409.90 4.10 414.00

Water Authority of Western Australia (Enterprise Bargaining Agreement 1993)

Appendix 3.

BUILDING TRADES (GOVERNMENT) AWARD 1968.

Clause 9.—Wages. (i) Classification

(a) Tradesmen On Engagement After 1 Yr Svce After 2 Yr Svce

Wage Per Week

$

6 Month 1.0%



Appendix 3. CATERING EMPLOYEES AND TEA ATTENDANTS

(GOVERNMENT) AWARD 1982. Clause 22.—Wages.

(l) Classification Wage Start Tbtal 6 Month Tbtal

Per Week 1.5% S 1.0% S $ $ $

(j) Ttea Attendant 297.20 4.45 301.65 3.00 304.65 (k) Kitchenhand 297.20 4.45 301.65 3.00 304.65

Service Pay Year 1 49.70 0.75 50.45 0.50 50.95 Year 2 54.30 0.80 55.10 0.55 55.65 Year 3 and 58.30 0.85 59.15 0.60 59.75 Thereafter

(2) (a) (it) Water Industry Engineering Trades Employees (Instrument/Electrical Classifications) Level DC10 494.10 7.40 501.50 5.00 506.50 Level DC 9 525.20 7.90 533.10 5.35 538.45 Level DC 8 547.00 8.20 555.20 5.55 560.75 Level DC 7 568.80 8.55 577.35 5.75 583.10 Level DC 6 601.10 9.00 610.10 6.10 616.20 Level DC 5 622.90 9.35 632.25 6.30 638.55 (2) (a) (iii) Experience 10.30 0.15 10.45 0.10 10.55 Allowance (4) Building Trades Employees on Engagement 436.00 6.55 442.55 4.45 447.00 After 1 Yrs Svce 441.30 6.60 447.90 4.50 452.40 After 2 Yrs Svce 445.60 6.70 452.30 4.50 456.80


Appendix 3. CLERKS (PUBLIC AUTHORITIES) AWARD 1987.

Schedule A.— Salaries. Level Salary Start Tbtal 6 Month Tbtal

Per 1.5% $ 1.0% $ Annum

Level 1 $ $ $ Under 17 Yrs 10445 157 10602 106 10708 17 Yrs 12207 183 12390 124 12514 18 Yrs 14238 214 14452 145 14597 19 Yrs 16481 247 16728 167 16895 20 Yrs 18507 278 18785 188 18973 21 Yrs/lst Yr 20331 305 20636 206 20842 22 Yrs/2nd Yr 20983 315 21298 213 21511 23 Yrs/3rd Yr 21634 325 21959 220 22179 24 Yrs/4th Yr 22281 334 22615 226 22841 25 Yrs/5th Yr 22932 344 23276 233 23509 26 Yrs/6th Yr 23583 354 23937 239 24176 27 Yrs/7th Yr 24332 365 24697 247 24944 28 Yrs/8th Yr 24850 373 25223 252 25475

25616 384 26000 260 26260 Level 2 1st Yr 26533 398 26931 269 27200 2nd Yr 27236 409 27645 276 27921 3rd Yr 27975 420 28395 284 28679 4th Yr 28756 431 29187 292 29479 5th Yr 29573 444 30017 300 30317 Level 3 1st Yr 30696 460 31156 312 31468 2nd Yr 31571 474 32045 320 32365 3rd Yr 32473 487 32960 330 33290 4th Yr 33399 501 33900 339 34239 Level 4 1st Yr 34669 520 35189 352 35541 2nd Yr 35664 535 36199 362 36561 3rd Yr 36688 550 37238 372 37610 Level 5 1st Yr 38660 580 39240 392 39632 2nd Yr 39993 600 40593 406 40999 3rd Yr 41378 621 41999 420 42419 4th Yr 42815 642 43457 435 43892


Appendix 3 GOVERNMENT WATER SUPPLY SEWERAGE AND

DRAINAGE EMPLOYEES AWARD 1981. Clause 38.—Wages.

(2) (a) (i) Classification Wage Start Tbtal 6 Months Tbtal Water Industry Per Week 1.5% $ 1.0% Engineering $ $ $ $ Trades Employees Level C13 $357.50 5.35 362.85 3.65 366.50 Level C12 381.10 5.70 386.80 3.85 390.65 Level Cll 402.90 6.05 408.95 4.10 413.05 Level C10 436.00 6.55 442.55 4.45 447.00 Level C9 457.80 6.85 464.65 4.65 469.30 Level C8 479.60 7.20 486.80 4.85 491.65 Level C7 501.40 7.50 508.90 5.10 514.00 Level C6 545.00 8.15 553.20 5.55 558.75 Level C5 566.80 8.50 575.30 5.75 581.05


Appendix 3.

GOVERNMENT WATER SUPPLY SEWERAGE AND DRAINAGE FOREMEN'S AWARD 1984.

Clause 27.—Wages. Classification Water Industry Worker Level

Wage Per Week

$

1.5% $

Tbtal $

1.0% $

Tbtal $

W.l.W. Level 7.1 590.80 8.85 599.65 6.00 605.65 W.I.W. Level 6.4 W.l.W. Level 6.3 W.I.W. Level 6.2 W.l.W. Level 6.1

579.65 557.35 535.05 523.90

8.70 8.35 8.05 7.85

588.35 565.70 543.10 531.75

5.90 5.65 5.45 5.30

594.25 571.35 548.55 537.05

W.l.W. Level 5.4 W.l.W. Level 5.3 W.l.W. Level 5.2 W.I.W. Level 5.1

512.75 501.60 490.45 479.30

7.70 7.50 7.35 7.20

520.45 509.10 497.80 486.50

5.20 5.10 5.00 4.85

525.65 514.20 502.80 491.35

W.l.W. Level 4,2 W.l.W. Level 4.1

468.15 457.05

7.00 6.85

475.15 463.90

4.75 4.65

479.90 468.55

W.l.W. Level 3.2 W.l.W. Level 3.1

445.90 437.70

6.70 6.55

452.60 444.25

4.55 4.45

457.15 448.70

W.I.W. Level 2.4 W.I.W. Level 2.3 W.l.W. Level 2.2 W.I.W. Level 2.1

434.00 424.10 414.20 406.95

6.50 6.35 6.20 6.10

440.50 430.45 420.40 413.05

4.40 4.30 4.20 4.15

444.90 434.75 424.60 417.20

W.l.W. Level 1 403.85 6.05 409.90 4.10 414.00


Appendix 3.

METROPOLITAN WATER SUPPLY SEWERAGE AND DRAINAGE WESTERN AUSTRALIA AWARD 1988.

Clause 43.—Wages. Classification Wage Start Tbtal 6 Month Tbtal Water Industry Per Week 1.5% $ 1.0% $ Worker Level $ $ $ W.I.W. Level 6.4 579.65 8.70 588.35 5.90 594.25 W.l.W. Level 6.3 557.35 8.35 565.70 5.65 571.35 W.I.W. Level 6.2 535.05 8.05 543.10 5.45 548.55 W.l.W. Level 6.1 523.90 7.85 531.75 5.30 537.05 W.l.W. Level 5.4 512.75 7.70 520.45 5.20 525.65 W.l.W. Level 5.3 501.60 7.50 509.10 5.10 514.20 W.l.W. Level 5.2 490.45 7.35 497.80 5.00 502.80 W.l.W. Level 5.1 479.30 7.20 486.50 4.85 491.35 W.l.W. Level 4.2 468.15 7.00 475.15 4.75 479.90 W.I.W. Level 4.1 457.05 6.85 463.90 4.65 468.55 W.l.W. Level 3.2 445.90 6.70 452.60 4.55 457.15 W.l.W. Level 3.1 437.70 6.55 444.25 4.45 448.70 W.I.W. Level 2.4 434.00 6.50 440.50 4.40 444.90 W.I.W. Level 2.3 424.10 6.35 430.45 4.30 434.75 W.I.W. Level 2.2 414.20 6.20 420.40 4.20 424.60 W.l.W. Level 2.1 406.95 6.10 413.05 4.15 417.20 W.I.W. Level 1 403.85 6.05 409.90 4.1 0 414.00

74 W.A.I.G. as iflii MM


Appendix 3.

PUBLIC SERVICE AWARD 1992.

Schedule A.—Salaries. Level Salary Start Total 6 Month Tbtal

Per 1.5% $ 1.0% $ Annum

Level 1 $ $ $ Under 17 Yrs 10445 157 10602 106 10708 17 Yrs 12207 183 12390 124 12514 18 Yrs 14238 214 14452 145 14597 19 Yrs 16481 247 16728 167 16895 20 Yrs 18507 278 18785 188 18973 21 Yrs/lst Yr 20331 305 20636 206 20842 22 Yrs/2nd Yr 20983 315 21298 213 21511 23 Yrs/3rd Yr 21634 325 21959 220 22179 24 Yrs/4th Yr 22281 334 22615 226 22841 25 Yrs/5th Yr 22932 344 23276 233 23509 26 Yrs/6th Yr 23583 354 23937 239 24176 27 Yrs/7th Yr 24332 365 24697 247 24944 28 Yrs/8th Yr 24850 373 25223 252 25475

25616 384 26000 260 26260 Level 2 1st Yr 26533 398 26931 269 27200 2nd Yr 27236 409 27645 276 27921 3rd Yr 27975 420 28395 284 28679 4th Yr 28756 431 29187 292 29479 5th Yr 29573 444 30017 300 30317 Level 3 1st Yr 30696 460 31156 312 31468 2nd Yr 31571 474 32045 320 32365 3rd Yr 32473 487 32960 330 33290 4th Yr 33399 501 33900 339 34239 Level 4 1st Yr 34669 520 35189 352 35541 2nd Yr 35664 535 36199 362 36561 3rd Yr 36686 550 37238 372 37610 Level 5 1st Yr 38660 580 39240 392 39632 2nd Yr 39993 600 40593 406 40999 3rd Yr 41378 621 41999 420 42419 4th Yr 42615 642 43457 435 43692 Level 6 1st Yr 45126 677 45803 458 46261 2nd Yr 46697 700 47397 474 47871 3rd Yr 48323 725 49048 490 49538 4th Yr 50059 751 50810 508 51318 Level 7 1st Yr 52721 791 53512 535 54047 2nd Yr 54563 818 55381 554 55935 3rd Yr 56567 849 57416 574 57990 Level 8 1st Yr 59824 897 60721 607 61328 2nd Yr 62157 932 63089 631 63720 3rd Yr 65050 976 66026 660 66686 Level 9 1st Yr 68663 1030 69693 697 70390 2nd Yr 71104 1067 72171 722 72893 3rd Yr 73888 1108 74996 750 75746 Class 1 78098 1171 79269 793 80062 Class 2 82308 1235 83543 835 84378 Class 3 86516 1298 87814 878 88692 Class 4 90726 1361 92087 921 93008


Appendix 3.

PUBLIC SERVICE AWARD 1992.

Schedule B.—Salaries—Specified Callings. Level Salary Start Tbtal 6 Month Tbtal

Per 1.5% $ 1.0% $ Annum

Level 2/4 $ $ $ 1st Year 26533 398 26931 269 27200 2nd Year 27975 420 28395 284 28679 3rd Year 29573 444 30017 300 30317 4th Year 31571 474 32045 320 32365 5th Year 34669 520 35189 352 35541 6th Year 36688 550 37238 372 37610 Level 5 1st Yr 38660 580 39240 392 39632 2nd Yr 39993 600 40593 406 40999 3rd Yr 41378 621 41999 420 42419 4th Yr 42815 642 43457 435 43892

Level Salary Start Tbtal 6 Month Tbtal Per 1.5% $ 1.0% $

Annum Level 6 $ $ $ 1st Yr 45126 677 45803 458 46261 2nd Yr 46697 700 47397 474 47871 3rd Yr 48323 725 49048 490 49538 4th Yr 50059 751 50810 508 51318 Level 7 1st Yr 52721 791 53512 535 54047 2nd Yr 54563 818 55381 554 55935 3rd Yr 56567 849 57416 574 57990 Level 8 1st Yr 59824 897 60721 607 61328 2nd Yr 62157 932 63089 631 63720 3rd Yr 65050 976 66026 660 66686 Level 9 1st Yr 68663 1030 69693 697 70390 2nd Yr 71104 1067 72171 722 72893 3rd Yr 73888 1108 74996 750 75746

PUBLIC SERVICE ARBITRATOR—

Awards/Agreements- Variation of—

THE POLICE AWARD 1965 No. 2 of 1966.



Minister for Police

and

Western Australian Police Union of Workers.

No. 849 of 1994.

Police Award 1965 No. 2 of 1966.

CHIEF COMMISSIONER W.S. COLEMAN.


HAVING heard Mr D. Ferguson on behalf of the Hon. Minister for Police and Mr J. Stirling on behalf of the Western Australian Police Union of Workers, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Police Award, 1965 be varied 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 24th day of August, 1994.


Schedule.

Clause 4.—Area and Scope: Delete this clause and insert in lieu the following:—

4.—Area and Scope.

This award shall apply to all members of the Western Australian Police Force except those whose salaries are recommended or determined pursuant to the Salaries and Allowances Act 1975 and shall operate over the whole of the State.

AWARDS/AGREEMENTS— Variation of—

CROTHALL HOSPITAL SERVICES (W.A.) PTY LTD AWARD No. A3 of 1987.


Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division,


Crothall Hospital Services (W.A.) Pty Ltd

No. 1566 of 1993.

Crothall Hospital Services (W.A.) Pty Ltd Award

No. A 3 of 1987.

COMMISSIONER I.E. GREGOR. 11 November 1994.

Order. HAVING heard Mr D.J. Kelly on behalf of the Applicant and there being no appearance on behalf of the Respondent but having received a letter of consent from the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Crothall Hospital Services (W.A.) Pty Ltd Award be varied 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 the 26th day of July 1994.

(Sgd.) J.F. GREGOR, [U.S.] Commissioner.

Schedule. 1. Clause 32.—Wages: Delete this clause and insert in

lieu thereof the following:

32.—Wages. (1) The minimum weekly rate of wage payable to

employees covered by this award shall be the Base Rate plus the Arbitrated Safety Net Adjustment (ASNA) Payment expressed hereunder:

Base Rate ASNA Minimum Payment Weekly

Rate $ $ $

HOSPITAL WORKER LEVEL 1 Comprehends the following classes of

work: Carpark Attendant Cleaner Dining Attendant Domestic Gardener (other) Ironer and Presser Kitchen Assistant Laundry Assistant Maintenance Employee Orderly (other) Pantry Assistant Hotel Services Assistant Yard Assistant Ward Assistant 1st year of employment 369.80 8.00 377.80 2nd year of employment 374.30 8.00 382.30 3rd year of employment and thereafter 378.30 8.00 386.30


Rate S S j


work: Machinist House Parent Gardener (only one employed) Orderly (handling patients) First Laundry Worker (where more

than 1 employed) Washing Machine Attendant 1st year of employment 374.90 8.00 382.90 2nd year of employment 379.80 8.00 387.80 3rd year of employment and thereafter 384.10 8.00 392.10 HOSPITAL WORKER LEVEL 3 Comprehends the following classes of

work: Shaving Orderly Theatre Assistant Security Attendant Theatre Orderly Call Room Orderly Menu Assistants Gardener (Herbicide and Propagator) Machinist (who cuts and fits) Boiler Firing Orderly CSSD Assistant (1st year of employ-

ment) TSSU Assistant (1st year of employ-

ment) 1st year of employment 384.10 8.00 392.10 2nd year of employment 388.20 8.00 396.20 3rd year of employment and thereafter 392.30 8.00 400.30


work: TSSU Assistant (2nd, 3rd year of

employment and thereafter) CSSD Assistant (2nd, 3rd year of

employment and thereafter) Cook 1st year of employment 389.00 8.00 397.00 2nd year of employment 393.60 8.00 401.60 3rd year of employment and thereafter 397.30 8.00 405.30 HOSPITAL WORKER LEVEL 5 Comprehends the following classes of

work: Cook (only one employed) Storeperson Driver (under 3 tonnes) 1st year of employment 404.00 8.00 412.00 2nd year of employment 407.60 8.00 415.60 3rd year of employment and thereafter 411.30 8.00 419.30


wotk: Driver (over 3 tonnes) Bus Driver (less than 25 passengers) Canteen Supervisor 1st year of employment 407.80 8.00 415.80 2nd year of employment 411.30 8.00 419.30 3rd year of employment and thereafter 414.80 8.00 422.80


work: Bus Driver (over 25 passengers) Second Cooks 1st year of employment 417.30 8.00 425.30 2nd year of employment 422.20 8.00 430.20 3rd year of employment and thereafter 426.40 8.00 434.40


work: Senior Food Service Attendant

(Hospitals less than 100 beds) Deputy Head Orderly Machinist Tradesperson Horticulturist Fiist Cook (where more than one

employed) 1st year of employment 440.10 8.00 448.10 2nd year of employment 445.00 8.00 453.00 3rd year of employment and thereafter 448.50 8.00 456.50

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3009 74 W.A.I.G


Rate

HOSPITAL WORKER LEVEL 9 454.80 8.00 462.80 Comprehends the following classes of

work: Tradesperson Cook Senior Food Services Attendant

(more than 100 beds) Head Gardener Catering Supervisor Laundry Supervisor Head Orderly Domestic Supervisor/Housekeeper Cleaning Services Supervisor Linen Services Supervisor 1st year of employment 2nd year of employment 459.10 8.00 467.10 3rd year of employment and thereafter 462.90 8.00 470.90 HOSPITAL WORKER LEVEL 10 Comprehends the following classes of

work: Chef 1st year of employment 475.50 8.00 483.50 2nd year of employment 481.90 8.00 489.90 3rd year of employment and thereafter 488.00 8.00 496.00

(2) JUNIOR HOSPITAL EMPLOYEES

The minimum rate of wage payable to junior hospital employees shall be the following percentage of the prescribed wage for an adult employee in his/her first year of employment doing the same class of work.

% Under 17 years of age 60 At 17 years of age 70 At 18 years of age 80 At 19 years of age 100

(3) GENERAL CONDITIONS

ETHNIC CHILDREN'S SERVICES INDUSTRIAL AWARD 1993

No. A10 of 1989.



The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division. Western


Ethnic Child Care Resources Unit. No. 1574 of 1993.

Ethnic Children's Services Industrial Award, 1993 No. A 10 of 1989.


Order. HAVING heard Ms D. Blaskett on behalf of the Applicant and Mr L. Vartesi on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Ethnic Children's Services Industrial Award, 1993 No. A 10 of 1989 be varied 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 the 22nd day of November, 1994.

(Sgd.) G.G. HALLIWELL, [L.S.j Senior Commissioner.

(a) The ordinary wages of any employee, placed in charge of three or more employees, shall be increased by $14.20 per week.

(b) Where the term "year of employment" is used in this clause, it shall mean all service whether full time or part time and regardless of the class of work with that employer.

Such service shall be calculated in periods of calendar years from the date of commencement of work with the employer and shall be by automatic progression subject to satisfactory service.

Provided that in determining the rate of wage of an employee nineteen years of age and over, service prior to attaining the age of nineteen years shall not be counted in determining the total service of an employee for the purpose of this clause.

(c) A casual employee shall be paid a loading of twenty-five percent over the rates specified in this clause.

(d) The hourly rate for an employee working an average of 38 hours per week shall be calculated by dividing the weekly rate herein expressed by 40.

(e) The hourly rate for an employee actually working 38 hours shall be calculated by dividing the weekly rate herein expressed by 38.

Schedule. Clause 16.—Salaries:

(A) Delete subclause (1) of this clause and insert the following in lieu thereof: (1) The minimum salary payable to employees

covered by this award shall be: Base Arbitrated Minimum Rate Safety Net Award

Wage $ $ $

Grade 1 509.40 8.00 517.40 2 532.30 8.00 540.30 3 555.30 8.00 563.30 4 578.20 8.00 586.20 5 601.10 8.00 609.10 6 624.00 8.00 632.00 7 647.00 8.00 655.00 8 669.90 8.00 677.90 9 692.80 8.00 700.80

(B) Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) (a) For transition of existing employees onto the new grading structure contained in subclause (1) the interim rates contained in paragraph (d) of this subclause shall apply from the operative date of the award.

(b) The interim rates shall apply until such time as the anniversary date of employment of the employee provides for an increase in accordance with subclause (5) of this clause.

(c) From the anniversary date of employment the employee shall move onto the next highest salary point contained in the grading structure in subclause (1) of this clause.

3010 74 W.A.I.G.

(d) The interim rates of pay shall be:

Interim Rates Arbitrated Minimum

Base Rate Safety Net Award

Wage $ $ $

Classification CIDO or Chil-

dren's Serv- ices Develop- ment & Re- source Officer 561.35 8.00 567.35

Classification Supervision 581.55 8.00 589.55 Co-ordinator 639.90 8.00 647.90 (e) At the conclusion of the transition process

this subclause shall cease to exist.

(C) Delete subclause (7) of this clause and insert the following in lieu thereof:

(7) Child Care (Ethnic Support) Employee shall be paid as follows:

Arbitrated Minimum Base Rate Safety Net Award

Wage $ $ $

1st year of experience 416.25 8.00 424.25

2nd year of experience 434.30 8.00 442.30

3rd year of experience and thereafter 456.00 8.00 464.00

These rates are inclusive of the 20% loading.

HOSPITAL LAUNDRY & LINEN SERVICE (GOVERNMENT) AWARD 1982



The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division,


Health Care Linen No. 1586 of 1993.

Hospital Laundry & Linen Service (Government) Award, 1982

No. A 36 of 1981.


Order. HAVING heard Ms S. Ellery on behalf of the Applicant and Ms T. Bowyer on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Hospital Laundry & Linen Service (Govern- ment) Award, 1982 be varied 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 the 9th day of November, 1994.

(Sgd.) G. G. HALLIWELL, [L.S.] Senior Commissioner.

(D) Immediately following subclause (7) of this clause insert a new subclause (8) as follows:

(8) (a) The minimum award set out in this clause includes an Arbitrated Safety Net Adjust- ment (ASNA) of $8.00 per week available in accordance with the December 1993 State Wage Decision, and is included to produce the new "Minimum Award Rate".

(b) Consistent with the requirements of the December 1993 State Wage Decision, the ASNA is absorbable to the extent of any equivalent amount in rates of pay (whether award, or overaward or enterprise agreement) in excess of the "Minimum Award Rate".

(c) "Overaward Payment" is defined as the amount (whether it be termed "overaward payment", "attendance bonus" or any term whatsoever), which an employee would receive in excess of the "Minimum Award Rate". Provided that such payment shall exclude overtime, shift allowance, penalty rates, disability allowances, fares and travelling time allowances and any other ancillary payments of a like nature prescribed by the award.

Schedule. Clause 25.—Wages: Delete text immediately preceding

subclause (2) of this clause and insert in lieu thereof the following:

(1) (a) The total minimum weekly rate of wage, inclusive of the $8.00 per week Arbitrated Safety Net Adjustment shall be as follows:

Base Arbitrated Minimum Rate Safety Net Award

Rate $ $ $

I^vel One Comprehends the following class of work: Laundry Operator

1st year of employment 369.50 8.00 377.50

2nd year of employment 374.10 8.00 382.10

3rd year of employment and thereafter 378.00 8.00 386.00

Level Two Comprehends the following class of work: Laundry Person Grade I




Level Three Comprehends the following class of work: Machinist Gardener




74 W.A.I.G. mmMvtwammsvmmWfm™™**** 3011


Rate $ $ $

Level Four Comprehends the following class of work: Laundry Presser Spotter Dry Cleaner




Level Five Comprehends the following class of work: Laundry Person Grade 11




Level Six Comprehends the following class of work: CSSD Assistant




Level Seven Comprehends the following classes of work: Dry Cleaner Dry Cleaner Presser




Level Eight Comprehends the following classes of work: Driver (up to 13.9 tonnes Gross Vehicle Mass or Gross Combination Mass) Storeperson Cook Security Officer




Level Nine Comprehends the following class of work: Supervisor Grade One




Level Ten Comprehends the following class of work: Supervisor Grade Two





Rate $ $ $

Level Eleven Comprehends the following class of work: Supervisor Grade Three




Level Twelve Comprehends the following class of work: Supervisor Grade Four




(b) The minimum award wage set out in this clause includes an Arbitrated Safety Net Adjustment (ASNA) of $8.00 per week available in accordance with the December 1993 State Wage Decision, and is included to produce the new "Minimum Award Wage".

(c) Consistent with the requirements of the December 1993 State Wage Decision, the ASNA is absorbable to the extent of any equivalent amount in rates of pay (whether award, or overaward or enterprise agreement) in excess of the "Minimum Award Wage" (classification rate and supplementary payment) established through the Minimum Rates Adjustment process.

(d) "Overaward Payment" is defined as the amount (whether it be termed "overaward payment", "attendance bonus" or any term whatsoever), which an employee would receive in excess of the "Minimum Award Wage". Provided that such payment shall exclude overtime, shift allowance, penalty rates, disability allowances, fares and travelling time allowances and any other ancillary payments of a like nature prescribed by the award.

IRON ORE PRODUCTION AND PROCESSING (HAMERSLEY IRON PTY LIMITED) AWARD 1987



Hamersley Iron Pty Limited and The Australian Workers' Union, West Australian Branch, Industrial Union of Workers

and The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian

Branch and Others No. 1016 of 1994.

Iron Ore Production and Processing (Hamersley Iron Pty Limited) Award 1987

No. A 20 of 1987.

COMMISSIONER S.A. CAWLEY. 15 November 1994.

Order. WHEREAS this is a joint application by Hamersley Iron Pty Limited and The Australian Workers' Union, West Austra- lian Branch, Industrial Union of Workers to vary the Iron Ore Production and Processing (Hamersley Iron Pty Limited) Award 1987; and


Whereas having heard Mr A. Cameron on behalf of the employer applicant and Mr S. Booth on behalf of the union applicant and there being no objection from any of the other parties to the award;

Now therefore, I the undersigned pursuant to the powers conferred by the Industrial Relations Act 1979, do hereby order—

That the Iron Ore Production and Processing (Hamersley Iron Pty Limited) Award 1987 as amended be further varied in accordance with the following schedule with effect from the beginning of the first pay period on or after the 2 November 1994.

(Sgd.) S. A. CAWLEY, [L.S.] Commissioner.

Schedule. 1. In Division 1—Part 1:

Clause 8.—Definitions: Delete paragraph (a) and (d) of subclause (3) of this clause and insert the following new paragraph (a) in subclause (3) with a new subclause heading as follows: (3) Plant Employees

(a) Tom Price Plant Employees • "Plant Production Employee—Tom

Price—Level 5" Means an employee classified as such who performs any work within the competence of that employee and who is undergoing training to acquire one Selected Offered Skill in the Tom Price Plant Operations.

• "Plant Production Employee—Tom Price—Level 4" Means an employee classified as such who performs any work within the competence of that employee and who has been passed out as having successfully acquired one Selected Offered Skill in the Tom Price Plant Operations and who undertakes training to acquire an additional two Selected Offered Skills.

• "High Grade Plant Production Em- ployee—Tom Price—Level 3" Means an employee classified as such who performs any work within the competence of that employee and who has been passed out as having successfully acquired three Selected Offered Skills and who undertakes training to acquire an additional two Selected Offered Skills.

• "High Grade Plant Production Em- ployee—Tom Price—Level 2" Means an employee classified as such who performs any work within the competence of that employee and who has been passed out as having successfully acquired five Selected Offered Skills, in the Tom Price Plant Operations and who undertakes training to acquire an additional two Selected Offered Skills.

® "Plant Production Employee—Tom Price—Level 1" Means an employee classified as such who performs any work within the competence of that employee and who has been passed out as having successfully acquired seven Selected Offered Skills, in the Tom Price Plant Operations and who undertakes training to acquire an additional three Selected Offered Skills. These additional Selected Offered Skills may be nominated

by the Company in accordance with Clause 35, Part E(5). NOTE: The Selected Offered Skills are

listed in Clause 35.—Production Employees Skills Acquisition and Career Path Programme.

2. Clause 32.—Wages: Delete paragraph (b) of subclause (3) of this clause and insert the following in lieu:

(b) Plant Production Employees (i) Tom Price and Paraburdoo Plant Employees

Level 5 405.90 Level 4 454.40 Level 3 466.50 Level 2 497.20 Level 1 522.10

(ii) Port Operations Employees Level 4 405.90 Level 3 454.40 Level 2 466.50 Level 1 497.20

3. Clause 35.—Production Employees Skills Acquisition and Career Path Programme: Delete parts E and H of this clause and insert the following in lieu:

PARTE (1) Tom Price Plant Operations

Progression through the Tom Price Plant Opera- tions Skills Acquisition and Career Path Pro- gramme shall be in accordance with the provisions of Part A of this Clause. Progression to level one shall occur on acquisition of an additional three selected offered skills nominated by the company. Progression shall be as illustrated in the chart in subclause (2) hereof.

(2) Tom Price Plant Operations Skills Acquisition and Career Path Programme

Level 1 I 10 SOS I

Level 2

Level 3

Level 4

Level 5 [ INDUCTION |

SOS = Selected Offered Skills (3) The Selected Offered Skills in the Plant Operation

are: lump loading fines loading reclaiming stacking crushing screening control rooms tails cyclone plant drum plant W.H.I.M.S. advanced plant operating metallurgical technical

(4) The acquisition of skills modules shall be in accordance with the relevant task sheets.

(5) The Selected Offered Skills undertaken by an employee for re-classification to Level 1 may be nominated by the Company so as to ensure that

the skills profile of the workforce matches the Company's operational requirements. However, the Company will endeavour to meet employee's training preferences where possible. This will not be an impediment to employees gaining further skills where they desire to do so.

4. Clause 35.—Production Employees Acquisition and Career Programme: Reletter the parts as follows:

Part I becomes Part H Part J becomes Part I Part K becomes Part J Park L becomes Part K Part M becomes Part L

LAUNDRY WORKERS' AWARD 1981 No. A29 of 1981.



The Federated Miscellaneous Workers' Union of Australia, Western Australian Branch

and

Alsco Linen Service Pty Ltd and Others.

No. 310 of 1993.

COMMISSIONER C.B. PARKS.

5 December 1994.

Order.

HAVING heard Ms S. Ellery on behalf of the Applicant and Ms L. O'Farrell on behalf of the Respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Laundry Workers' Award 1981 be varied in accordance with the following Schedule and that such variation shall have effect from 3 September 1994.


Schedule.

Clause 7.—Wages: Delete paragraph (a) of subclause (1) of this clause and insert in lieu thereof—

(a) Adult Employees Classifica- Base Relativ- Supple- Award tion Rate ity to

Trades- person

mentary Payment

Rate

Laundry Employee Grade 1 $333.75 80% 8.00 $341.75 Grade 2 $354.60 85% 8.00 $362.60 Grade 3 $379.65 91% 8.00 $387.65 Grade 4 $396.35 95% 8.00 $404.35

MISCELLANEOUS GOVERNMENT CONDITIONS AND ALLOWANCES

AWARD No. A 4 of 1992. WESTERN AUSTRALIAN




The Board of Management, Albany Regional Hospital & Others.

No. 941 of 1994.

Miscellaneous Government Conditions and Allowances Award No. A 4 of 1992.


Reasons for Decision. SENIOR COMMISSIONER: This is an application to vary the Miscellaneous Government Conditions and Allowances Award No. A 4 of 1992. The application seeks the insertion of a new Clause 25.—Jobskills Trainees and a consequential amendment to Clause 2.—Arrangement.

The respondent does not oppose the Jobskills Trainees provisions sought by the applicant but nonetheless opposes the insertion of what are in fact agreed provisions into this particular award. The basis for that opposition is that the applicant union should apply to vary some twenty one (21) individual awards and agreements. If this occurs, shortened time for the filing of answers would be agreed as would the actual variation to the individual awards and agreements. This agreement would be to the same provisions sought in the present application. In seeking what amounts to enforcement of its wish that filing of twenty one (21) individual applications occurs, the respondent contends that as the subject award is still within its four year term (see 73 WAIG 1490 @ 1493) the provisions of Section 40 of the Act apply and the award should not therefore be varied.

So far as is relevant here Section 40 provides: "40. (1) Subject to subsections (2), (3) and (4) and to

sections 29A and 38, the Commission may by order at any time vary an award.

(3) Where an award or any provision thereof is limited as to its duration the Commission—

(b) shall not, within the specified term, vary the award or that provision, as the case may be unless and to the extent that

(i) it is satisfied that, by reason of circumstances which have arisen since the time at which the specified term was fixed, it would be inequitable and unjust not to do so;

(ii) on an application made under paragraph (a), it is satisfied that it is fair and right so to do; or"

(Section 40 of the Act). The respondent points to Exhibit A and argues that it is

clear that the Jobskills program has been in existence since late July 1991 is thus is not a circumstance which has arisen since the term of the award was fixed and to now vary the award, which remains in term, would contravene paragraphs (b)(i) and (ii) of Section 40 of the Act (supra).

The remaining contention was that it is contrary to Government policy for this award to be varied instead of the twenty one (21) individual awards and agreements. Why this is the Government's policy was not explained in any detail at all. However, apparently the present Government with- drew its consent to the award being issued which the former

government had given to this Commission. On this occuring the matter was the subject of arbitration before Negus C. (as he then was) (73 WAIG 1490) and a later appeal against that decision to the Full Bench was unsuccessful (74 WAIG 38).

With due respect I am unable to comprehend why this background of some nineteen months ago provides any reason, let alone any valid reason now, for opposing the variation of the subject award. A reasonable inference that

•'arises is that having been unsuccessful in the earlier proceedings (supra) the Department of Productivity and Labour Relations (DOPLR) is determined to be totally unproductive in its attitude towards the variation of this particular award.

The submission that some individual respondents will not require use of the provisions sought is not a sufficient reason to refuse to apply the provisions generally for use if later required.

For the applicant it was submitted that the Union become aware of its part in the Jobskills programme in W.A. about August, 1993 when it approved placement of persons in several industries under Jobskills Trainee provisions. The present application was filed in the Commission on 16th September, 1994. It will be noted that the applicant's first awareness of its part was August, 1993 some two (2) months after the award issued.

On 6th October, 1994, Mr J.R. Love, Manager—Human Resources, Royal Perth Hospital, wrote to Ms Helen Creed, Secretary of the applicant union, in the following terms:

"Thank you for your letter dated 16 September 1994 advising that the Union has proposed a Jobskills Clause to be inserted into the Miscellaneous Workers Com- mon Conditions Award.

While I accept that this would be the ideal solution for not only the Health Industry but the Public Sector wide, the difficulty as I understand, is that DOPLAR intend to oppose it on the basis that it would be seen to be more appropriate to be inserted into the Hospital Workers (Government) Award. If the above does occur it will obviously delay this Hospital's intention to employ forty trainees under the new work opportunities provisions of the Commonwealth Government's White Paper in the 1994195 financial year.

Given the above, I would strongly request, that while negotiations are continuing for the proposed clause to be inserted into the Common Conditions Award and/or any other award, that for the purposes of expediency as far as Royal Perth Hospital is concerned, an Agreement be drafted and registered with the Commis- sion on an interim basis pending the outcome and finalisation of those negotiations.

I would appreciate if you could consider this issue as a matter of urgency and please do not hesitate to contact me if you wish to discuss the issue further."

(Exhibit 1) (My Emphasis). The Commission takes into account that forty (40)

trainees would be employed under the scheme should the award be varied. Further, on 22nd November, 1994, Ms Creed was advised by Trott Casey and Associates (Exhibit 2) inter alia that:

"Trott Casey & Associates is deeply concerned at the ramifications of the matter currently before the Industrial Relations Commission on 24 November, relating to the General Conditions Award and its effect on placement of long time unemployed and otherwise disadvantaged jobseekers under the Federal Govern- ment's Jobskills Program.

Figures from the Green Paper indicate that the national rate of successful outcomes for Jobskills Programs was 43%, and 52% in Western Australia. Moreover, Trott Casey & Associates as approved Jobskills brokers, have a current success rate of 72%.

The current DEBT guidelines concerning Jobskills requirements incorporate a tripartite contract under the

relevant industrial agreement. It is our concern that any delays to varying the General Conditions Award for Miscellaneous government workers will effectively delay the employment and training of Jobskills applicants who are already disadvantaged in terms of recent experience and relevant training.'

(Exhibit 2) (Emphasis Added).

Again the Commission takes into account the probable harm done in placement of long term unemployed persons by any further unnecessary delay.

Exhibit 4, a letter to Ms Creed from Mr R. Harvey, Assistant Secretary, Workskills Branch of the Federal Department of Employment Education and Training notes inter alia:

"I am writing in relation to the Commonwealth's Jobskills program and your union's endeavour to have the State Government Common Conditions Award varied to incorporate a Jobskills provision. This provision would allow Jobskills participants to gain access to several State Government sectors that previously have been unavailable to participants in Western Australia.

I appreciate the support that your union is demonstrating towards die JobskUls program and in assisting the long term unemployed back into employment.

The JobSkills program is one labour market program which the Commonwealth Government is utilising to reduce unemployment. This program is open to people who are long term unemployed and provides them with valuable work experience and structured on and off-the-job training. The combination of work experience and training provides participants with a combination of skills to allow participants to become competitive in the labour market."

(Exhibit 4). Having considered the submissions, exhibits and evi-

dence given, the Commission finds as follows:

(1) It is satisfied that circumstances have arisen since the specified term was fixed that would make it inequitable and unjust not to vary the subject award.

(2) That it is fair and right on the established facts of this application to vary the subject award.

(3) That there is consent to the actual provisions contained in the application.

(4) No good reason has been advanced on a merit basis as to why this award should not now be varied.

(5) The Commission accepts, in total, the evidence of Ms H. Creed which plainly sets out the merits of the circumstances and therefore of the application to vary the award.

(6) The material contained in Exhibits 1, 2 and 4 (supra) further supports the merit of the application and that delay is highly undesirable in the circumstances.

Having regard to all the above described facts and circumstances, the applicant has substantiated its claim and the award will be varied accordingly.

Appearances: Ms S. Mayman appeared on behalf of the Applicant.

Ms C. Baetge appeared on behalf of the Respondent.






The Board of Management, Albany Regional Hospital & Others.

No. 941 of 1994. Miscellaneous Government Conditions

and Allowances Award. No. A 4 of 1992.


Order. HAVING heard Ms S. Mayman on behalf of the Applicant and Ms C. Baetge on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Miscellaneous Government Conditions and Allowances Award No. A 4 of 1992 be varied 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 the 24th day of November, 1994.


Schedule. 1. Clause 2.—Arrangement: Following the number and

title Clause 24.—Liberty to apply insert a new number and title as follows:

25.—Jobskills Trainees. 2. Following Clause 24.—Liberty to Apply insert a new

clause as follows:

25.—Jobskills Trainees. (1) "Jobskills Trainee" means an employee who is

employed under the conditions applying in the Commonwealth Government Jobskills programme.

(2) "Relevant Award" shall mean those award(s) and/or Agreements that are relevant to the respondent, including this award, applying to persons employed pursuant to this Award, and listed in Schedule C of this award.

(3) This clause applies to the engagement of Jobskills Trainees under the Jobskills programme and insofar as the terms of this clause vary from terms within other clauses of this award or other relevant awards then the terms and conditions of this clause shall prevail only in so far as application to the Jobskills Trainee(s). In all other respects, the terms of this and any other relevant award shall apply to Jobskills Trainee(s).

(4) This clause is binding only on those respondent employers in respect of those Jobskills Trainees who, but for this Clause, would be employed pursuant to the standard provisions of the relevant award.

(5) For each Jobskills Position a procedure must be followed that is in accordance with the Common- wealth Jobskills Programme Guidelines. Where the procedure has not been followed to the satisfaction of the Department of Employment, Education and Training, and/or the broker and/or

the respondent Union then the employer cannot employ a Jobskills Trainee.

(6) Training Conditions (a) A Jobskills trainee employed pursuant to this

Clause shall attend approved on and off-the- job training prescribed in the relevant training agreement, or as notified to the Jobskills trainee by the employer or Jobskills broker.

(b) Jobskills trainees will receive over a period of 26 weeks a mix of supervised work experience, structured training on-the-job and off-the-job and the opportunity to develop and practice new skills in a work environment.

(c) Jobskills trainees shall only be engaged by employers respondent to this award to undertake activities under the Jobskills programme guidelines. The employer shall ensure that the Jobskills trainee is permitted to attend the prescribed off-the-job training and is provided with appropriate on-the-job training.


(7) Employment Conditions (a) Any Jobskills trainees employed pursuant to

this award shall be engaged in addition to existing staff levels.

(b) "Existing Staff Levels" in respect of this clause shall mean those staff/employee(s) levels, inclusive of employees on absences of workers compensation, maternity or long service leave, applying prior to the operation of this clause, and shall include:

— existing casual and temporary employees; and

— existing full time and part-time employees; and

— existing permanent employees. (c) In addition, no existing staff who fall within

the definition of existing staff levels shall have hours reduced by the employment of a Jobskills Trainee.

(d) The provisions, as referred to herein, shall apply until such time as the period of the Jobskills placement has ended and no further Jobskills Trainee(s) have been appointed.

(e) Jobskills trainees shall be engaged for a period of 26 weeks as full time trainees.

(f) Jobskills trainees are permitted to be absent from work without loss of continuity of employment to attend the off-the-job training in accordance with the training plan. How- ever, except for absences provided for under the relevant award, failure to attend for work or training without an acceptable cause will result in loss of pay for the period of absence.

(g) Overtime and shift work shall not be worked by Jobskills trainees except to enable the requirements of the training plan to be effected. When overtime and shift work are worked the penalties and allowances prescribed in the relevant award based on the trainee wage, will apply. No Jobskills trainee shall work overtime or shift work on their own.

(h) The respondent Union to this and other relevant awards shall be afforded reasonable access to Jobskills trainees for the purposes of explaining the role and functions of the Union and enrolment of the trainee as a member.


(i) Where the employment of the trainee is continued after completion of the traineeship period such traineeship period shall be counted as service for the purpose of the relevant award.

(8) Wages (a) The weekly wages payable to Jobskills

trainees shall be $300.00 or in accordance with the Commonwealth Jobskills Pro- gramme Guidelines as varied from time to time.

(b) The rate in (a) herein shall apply, only in so far as a Jobskill Trainee(s), for all purposes of the award and shall take account of the range and extent of training provided.

(9) The insertion of this clause into the Award represents a compromise on the part of all parties and will not be used as a precedent in proceedings before industrial tribunals.

(10) This Clause shall come into force from the beginning of the first pay period to commence on or after the 24th day of November, 1994 and shall continue in force for a period of 12 months or until the Jobskills programme is ended.

(11) The parties to this Award reserve the right to seek its variation or revocation if circumstances develop in the operation of the Jobskills programme which adversely affect their interests or the interests of their members to the extent that the variation or revocation is warranted.

NURSES' (ABORIGINAL MEDICAL SERVICES) AWARD

No. A 23 of 1987.


Industrial Relations Act 1979. The Australian Nursing Federation, Industrial Union of

Workers Perth

Kimberley Aboriginal Medical Service Council, Aboriginal Corporation and Others.

No. 118 of 1994.

Nurses' (Aboriginal Medical Services) Award No. A 23 of 1987.

COMMISSIONER J.F. GREGOR. 30 November 1994.

Order. HAVING heard Ms J.P. Quinlivan on behalf of the Applicant and Mr P. Robertson on behalf of the Respon- dents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Nurses' (Aboriginal Medical Services) Award No. A 23 of 1987 be varied 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 the 19th day of October 1994.

(Sgd.) J.F. GREGOR, [L.S.] Commissioner.

Schedule. 1. Clause 2.—Arrangement: After the number and title

"31. Grievance Procedure" insert the following: 32. Leave Without Pay 33. Compaction of Leave 34. Enterprise Agreements 35. Shift and Weekend Work 36. Calculation of Penalties

2. Clause 6.—Contract of Employment: Delete this clause and insert in lieu thereof the following:

6.—Contract of Employment. (1) The contract of employment shall be fortnightly

and unless otherwise mutually agreed by the parties shall be terminable by the giving of two weeks notice by either party to the other, or the payment or forfeiture as the case may be, of wages for any time by which the two weeks is diminished.

(2) Except that in the case of casuals, the contract of service shall be by the hour and may be terminated by one hour's notice or the payment or forfeiture of one hour's wages as the case may be.

(3) The employer shall be under no obligation to pay for any day not worked upon which die employee is required to present for duty, except where the absence from work is due to illness and comes within the provision of Clause 11.—Sick Leave of this award or absence is on account of any other form of leave to which the employee is entitled to payment under the provisions of this award.

(4) Nothing in this clause shall prevent the termination of service instandy by the employer due to the misconduct of the employee and in such case payment of wages shall be made up to the time of dismissal.

(5) (a) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.

(b) Any direction issued by an employer pursuant to paragraph (a) hereof shall be consistent with the employer's responsibility to provide a safe and healthy working environment.

3. Clause 7.—Hours of Duty, Overtime and On Call: A. Delete paragraph (a) of subclause (1) and insert in

lieu thereof the following: (1) (a) Subject to subclause (7) hereof the

ordinary hours of duty shall be an average of 38 per week with the hours actually worked being 40 per week or 80 per fortnight and no day shall exceed ten hours without the payment of overtime. Such hours of duty shall include one seven minute tea break which shall be taken when convenient to the employer and a meal break which shall not be less than 30 minutes nor more than one hour.

B. Delete subclause (7) of this clause and insert in lieu thereof the following: (7) Work performed at the discretion of the

employer in excess of the ordinary rostered hours on any day shall be paid for as hereunder:

(a) Time and one half for the first three hours on any day between Monday to Saturday, both inclusive, and double time thereafter.

(b) Double time on a Sunday. (c) In lieu of making payment in accor-

dance with paragraphs (a) and (b) and by agreement between the employer and the employee concerned, time off proportionate to the payment to which the


employee is entitled may be taken at a time convenient to the employer, provided that such time off is in unbroken periods, according to each period of overtime worked.

C. Delete subclause (8) of this clause and renumber subclauses (9) and (10) as (8) and (9) respectively.

D. Delete paragraph (b) of subclause (8) of this clause and insert in lieu thereof the following: (b) (i) An employee who is rostered to be on

call as prescribed in paragraph (a) hereof, between rostered shifts of ordinary hours: (aa) from Monday to Friday shall re-

ceive an allowance of $12.00; (bb) on a Saturday shall receive an

allowance of $18.00; (cc) on a Sunday, public holiday or any

other day on which the employee is not rostered on duty shall receive an allowance of $21.00;

provided that only one allowance shall be payable in any period of 24 hours.

(ii) Where an employee is rostered to be on call and is recalled to duty, the employee is entitled to receive the normal overtime provisions in accordance with this clause.

(iii) An employee rostered to be on call or part thereof spanning two days over which two different on call allowances apply, shall receive a payment which is equal to the allowance payable for the day attracting the higher allowance.

4. Clause 26.—Wages: Delete subclauses (1) and (2) of this clause and insert in lieu thereof the following:

(1) Nurse Grade 1— The following rates shall be paid to nurses classified at each level:

Per Week Level $

1 663.80 2 675.60 3 691.50 4 724.60 5 742.20 6 758.70 7 776.30 8 794.70 9 826.40

10 877.50 (2) Nurse Grade 2—

Per Week Level $

1 927.70 2 943.50 3 975.30 4 979.10

A nurse appointed as Health Services Co- ordinator or Senior Health Educator shall commence on a level within the Nurse Grade 2 classification commensurate with the nurses' experience in community nursing as a co-ordinator or educator and/or relevant tertiary or post basic qualifications.

Progression beyond the commencing level will be dependent on the attainment of additional qualifications relevant to the position held and/or service in such position provided that advancement by service only shall be limited to one level for each year of service to a maximum of two beyond the commencing level and be subject to satisfactory performance.

5. Clause 31.—Grievance Procedure: Immediately after this clause insert the following new clauses:

32.—Leave Without Pay. Leave without pay may be provided by the employer

and taken by the employee only where both parties consent and the arrangements for such leave shall be by agreement between the parties.

33.—Compaction of Leave. On agreement between the employer and the

employees, a part-time employee whose ordinary hours have changed from part-time to full-time may have annual leave and long service leave entitlements as reduced periods of full-time equivalent time off.

34.—Enterprise Agreements. (1) (a) Employers and employees covered by this

award may reach agreement to move to vary positions of this award to meet the requirements of the employer's business and the aspirations of the employees concerned.

(b) Such agreements shall be subject to the procedures contained in subclause (2) hereof.

(2) (a) The proposed variation shall be committed to writing, and shall be the subject of negotiation between the persons directly concerned with their effect.

(b) Nothing in this clause shall prevent the employees from seeking advice from, or representation by, the union during such negotiations.

(c) Where the agreement represents the consent of the employer and die majority of the employees concerned, the union shall not unreasonably oppose the terms of that agreement.

(3) No employees shall lose any existing entitlements to earnings for working ordinary hours of work as a result of the implementation of an enterprise agreement, provided that employers and employees may agree on terms and conditions in the aggregate no less favourable to the employees than those prescribed by the award for working ordinary hours of work.

(a) Any agreement shall be processed in accordance with Section 41 of the Industrial Relations Act 1979, and shall be subject to approval by the Western Australian Indus- trial Relations Commission. If approved, it shall operate as a schedule to this award and take precedence over any inconsistency.

35.—Shift and Weekend Work. (1) (a) (i) Where on any weekday and employee

works a complete rostered afternoon shift commencing at 12.00 noon or after, and finishing after 6.00 pm, the employee shall be paid a loading of 12.5% on the ordinary rates of pay.

(ii) Where on any weekday an employee works a complete rostered night shift between the hours of 6.00 pm and 7.30 am, the employee shall be paid a loading of 15% on the ordinary rates of pay.

(b) The provisions of subparagraph (i) of paragraph (a) hereof do not apply where the employee commences her/his ordinary hours of work after 12.00 noon and completes those hours at or before 6.00 pm on that day.

(c) Where an employee works a broken shift each portion of that shift shall be considered a separate shift for the purpose of this clause.

(2) (a) Where an employee is rostered to work ordinary hours between midnight Friday and midnight Saturday, the employee shall be


paid a loading of 50% on the ordinary rates of pay for the actual hours worked during this period.

(b) Where an employee is rostered to work ordinary hours between midnight Saturday and midnight on the following Sunday, the employee shall be paid a loading of 75% on the ordinary rates of pay for the actual hours worked during this period.

36.—Calculation of Penalties.

Where an employee works hours which would entitle that employee to payment of more than one of the penalties payable in accordance with Clause 7.—Hours of Duty, Overtime and On Call, Clause 9.—Annual Leave and Holidays or Clause 35.—Shift and Weekend Work of this award, only the highest of any such penalty shall be payable.

74 W.A.I.G.

Schedule. Clause 7.—Wages: Delete subclause (1) of this clause and

insert in lieu the following— (1) Classifications

Base Supple- Award Rate mentary Rate

Per Week Payment Per Week Per Week

$ $ $ Pharmacist Manager

(a) Grade 3 766.60 117.50 884.10 (b) Grade 2 711.80 109.70 821.50 (c) Grade 1 657.10 101.90 759.00

Pharmacist-in-Charge (a) Grade 2 620.50 96.70 717.20 (b) Grade 1 602.30 94.10 696.40

Pharmacist 549.20 86.50 635.70 Trainee 337.30 56.20 393.50 Student (34% of Pharma-

cist rate) - - 216.10

RETAIL PHARMACISTS' AWARD, 1966 No. 23 of 1965.



Salaried Pharmacists' Association Western Australia Union of Workers

and

Perth United Friendly Societies and Others.

No. 383 of 1994.

Retail Pharmacists' Award, 1966 No. 23 of 1965

COMMISSIONER R.N. GEORGE.

23 November 1994.

Order.

HAVING heard Mr C. Panizza on behalf of the Applicant and Mr N. Geronimos on behalf of the Respondents, and by consent, the Commission, in order to give effect to the arbitrated safety net adjustment available through the State Wage Principles enunciated by the Commission in Court Session in its Decision of 24 December 1993 and pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Retail Pharmacists' Award, 1966 No. 23 of 1965 be varied 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 9 November 1994.

SUPERMARKETS AND CHAIN STORES (WESTERN AUSTRALIA) WAREHOUSE AWARD 1982



The Shop, Distributive and Allied Employees' Association of Western Australia

and Coles Supermarkets Pty Ltd and Woolworths (WA) Ltd

No. 877 of 1994.

COMMISSIONER C.B. PARKS. 5 December 1994.

Order. HAVING heard Mr N.J. Verity on behalf of the Applicant and Ms R.D. Dight on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Supermarkets and Chain Stores (Western Australia) Warehouse Award 1982 be varied in accordance with the following Schedule and that such variation shall have effect from 18 November 1994.


Schedule. 1. Clause 2.—Arrangement: Delete the number and title

32. Other Provisions and insert in lieu thereof— 32. Deleted

2. Clause 32.—Other Provisions: Delete this clause and insert in lieu thereof—

[L.S.] (Sgd.) R.N. GEORGE,

Commissioner. 32.—Deleted.


TELFER GOLD MINE (PRODUCTION AND MAIN- TENANCE EMPLOYEES') AWARD 1987

No. A 9 of 1987.



Newcrest Mining Limited

and

The Australian Workers' Union, West Australian Branch,

Industrial Union of Workers and Others

No. 776 of 1994.

Tfelfer Gold Mine (Production and Maintenance Employees') Award 1987

No. A 9 of 1987.

COMMISSIONER J.F. GREGOR.


HAVING heard Mr B.D. Williams on behalf of Newcrest Mining Limited and Mr S. Booth on behalf of the Australian Workers' Union, West Australian Branch, Industrial Union of Workers and Mr R.A. Keegan on behalf of the Construction, Mining, Energy, Timbetyards, Sawmills and Woodworkers Union of Australia—Western Australian Branch, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Telfer Gold Mine (Production and Mainte- nance Employees') Award 1987 be varied 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 the 21st day of September 1994.


Schedule.

1. Clause 28.—Definitions: Delete subclause (1) of this clause and insert in lieu thereof the following:

(1) Mine Employees

Requirements for the respective Levels 1-6 are as outlined in the documentation presented to the Commission on 21 September 1994 and as recorded in the Commission's file No. 776 of 1994.

AWARDS/AGREEMENTS— Application for variation of—

No variation resulting—

ARGYLE DIAMOND MINES PRODUCTION AWARD 1985

No. A28 + A32 of 1984.



Australian Electrical, Electronics, Foundry and Engineering Union

(Western Australian Branch)

and

Argyle Diamond Mines Pty Ltd and Others

No. 1471 of 1993.

Argyle Diamond Mines Production Award 1985


5 December 1994. Order.

WHEREAS on the 22nd of November 1993, the Applicant filed an application to vary the Argyle Diamond Mines Production Award 1985, to amend the definitions for work groups at Argyle to include recognition of skills and knowledge equivalent to formal qualifications available through TAPE; and

Whereas on the 10th of May 1994, there was a conference held pursuant to Section 32 of the Industrial Relations Act 1979, to discuss the dispute; and

Whereas at the conference, Ms Crowhurst of Counsel, on behalf of the Respondent, said that the Respondent was prepared to follow the procedures set out in the Award; that is recognition of on-the-job experience would occur if agreed competency standards, established by the parties in conjunction with TAFE and SESDA, were agreed; and

Whereas Ms Crowhurst advised the Commission that the Respondent would be prepared to have further discussions to ascertain whether an accommodation between the parties could be made; and

Whereas the conference was adjourned to allow the parties to continue discussions privately; and

Whereas at the 2nd of December 1994, neither of the parties have advised the Commission of the outcome of the matter and the Commission has therefore concluded, pursuant to the powers vested in it under Section 27 of the Industrial Relations Act 1979, that the application ought be discontinued. It has reached this conclusion on the basis that no prejudice will accrue to either of the parties and a new application can be filed if the dispute is extant;

Now therefore the Commission, pursuant to the powers contained in the Industrial Relations Act 1979, hereby orders:

That the application be, and is hereby, discontinued.

[L.S.] (Sgd.) J.F. GREGOR,

Commissioner.


FOODLAND ASSOCIATED LIMITED (WESTERN AUSTRALIA) WAREHOUSE AWARD 1982

No. A27 of 1982. WESTERN AUSTRALIAN


Foodland Associated Ltd and

The Shop Distributive and Allied Employees' Association of

Western Australia No. 595 of 1994.

Foodland Associated Limited (Western Australia) Warehouse Award 1982

No. All of 1982.

COMMISSIONER A. R. BEECH. 22 November 1994.

Order. WHEREAS an application was lodged in the Commission and conferences of the parties were convened;

And whereas the matter was adjourned to enable further discussions to take place between the parties and the application was listed for hearing at a future date;

And whereas the applicant subsequently advised that it did not wish to proceed with the hearing and requested that the matter be adjourned;

And whereas the Commission subsequently advised that if nothing were heard from the parties within a specified period of time then it would issue an order discontinuing the matter;

And whereas the applicant advised the Commission that it wished to discontinue the matter;

And having heard Mr M Jensen on behalf of the Applicant and Mr M Bishop on behalf of the Respondent;

Now therefore I, the undersigned, pursuant to the powers conferred on me under the Industrial Relations Act 1979 hereby order—

That the application be discontinued. (Sgd.) A. R. BEECH,


HEALTH WORKERS—COMMUNITY AND CHILD HEALTH SERVICES AWARD, 1980

No. R 21 of 1979. WESTERN AUSTRALIAN


The Federated Miscellaneous Workers' Union of Australia, W.A. Branch

and The Commissioner for Public Health,

Child Health Services Branch, Department of Health and Medical Services

No. 116 of 1992.

Health Workers—Community and Child Health Services Award, 1980

No. R 21 of 1979.

COMMISSIONER J.F. GREGOR. 2 December 1994.

Order. WHEREAS on the 31st of January 1992, the Federated Miscellaneous Workers' Union of Australia, W.A. Branch

(the Applicant) filed an application to amend the Health Workers—Community and Child Health Services Award, 1980; and

Whereas by an Notice of Answer and Counter Proposal filed on the 10th of February 1992, the agents for the Respondents advised the Commission that the Respondents rejected to the claim; and

Whereas on the 1st of July 1992, the matter was subject to a conference pursuant to Section 32 of the Industrial Relations Act 1979, at which time the parties were told that the Commission was prepared to issue an Interim Order pursuant to the powers vested in it under that Section, pending the outcome of the dispute proper; and

Whereas on the 9th of July 1992, such an Order was issued; and

Whereas on the 16th of November 1993, the parties were requested to advise the Commission their intentions regarding the final disposition of the matter; and

Whereas on the 25th of November 1993, the Commission received a reply from the Respondent proposing that the Order remain in force, pending an application to the Commission to introduce a new career structure, such application to be made within three months; and

Whereas on the 7 th of December 1993, the Commission was advised by the Applicant that the parties hoped to resolved the dispute over the "Health Worker Special" classification in the near future and until that occurs the current Order should remain; and

Whereas at the 1st of December 1994, nothing had been heard from either of the parties; and

Whereas having formed the conclusion that the parties were working in December 1993, to a resolution of the matter and by the 1st of December 1994, no such resolution having being met, the Commission has decided in the public interest that the application should be discontinued;

Now therefore the Commission, pursuant to the powers contained in the Industrial Relations Act 1979, hereby orders;



INDEPENDENT SCHOOLS ADMINISTRATIVE AND TECHNICAL OFFICERS AWARD 1993

No. A15 of 1991.



The Independent Schools Salaried Officers' Association of Western Australia, Industrial Union of Workers

and The Anglican Schools Commission (Inc.) and Others.

No. 283 of 1994.

COMMISSIONER S.A. CAWLEY.


WHEREAS a conference pursuant to section 32 of the Industrial Relations Act 1979 was held on 31st May 1994; and

Whereas the Applicant has now advised the the matter has been settled;


That this application be and is withdrawn by leave.

[L.S.]

INDEPENDENT SCHOOLS (BOARDING HOUSE) SUPERVISORY STAFF AWARD

No. A9 of 1990. WESTERN AUSTRALIAN



and Aquinas College and Others.

No. 285 of 1994.


Order. WHEREAS a conference pursuant to section 32 of the Industrial Relations Act 1979 was held on 31st May 1994; and




(Sgd.) S.A. CAWLEY, [L.S.] Commissioner.

INDEPENDENT SCHOOLS' TEACHERS' AWARD 1976

No. R27 of 1976. WESTERN AUSTRALIAN

INDUSTRIAL RELATIONS COMMISSION.



and The Anglican Schools Commission (Inc.) and Others.

No. 284 of 1994.

COMMISSIONER S.A. CAWLEY.


WHEREAS a conference pursuant to section 32 of the Industrial Relations Act 1979 was held on 31st May 1994; and




(Sgd.) S.A. CAWLEY, Commissioner.

MISCELLANEOUS GOVERNMENT CONDITIONS AND ALLOWANCES AWARD

No. A 4 of 1992.




Western Australian Branch

and

The Board of Management, Albany Regional Hospital and Others

No. 437 of 1994.

Miscellaneous Government Conditions and Allowances Award No. A 4 of 1992.



WHEREAS on the 11th of April 1994, the Australian Liquor, Hospitality and Miscellaneous Workers' Union, Miscellaneous Workers' Division, Western Australian Branch (the Applicant) filed an application to amend the Miscellaneous Government Conditions and Allowances Award No. A 4 of 1992; and

Whereas the Respondents, by Notice of Answer and Counter Proposal, advised the Commission that they opposed the claim pending further discussions with the Applicant; and

Whereas on the 4th of May 1994, the Applicant sought the matter be listed for a conference pursuant to Section 32 of the Industrial Relations Act 1979; and

Whereas on the 16th of May 1994, the Commission advised the parties that in view of the Answer of the Respondent concerning further discussions, it would refrain from convening a conference until the parties had had private discussions on the matter; and

Whereas the Commission requested the parties report to it on the progress of any such discussions; and

Whereas by the 1st of December 1994, there had been no further communication from the Applicant as to the outcome of the discussions and the Commission therefore resolved to discontinue the proceedings in the public interest;

Now therefore the Commission, pursuant to the powers contained in the Industrial Relations Act 1979, hereby orders;



(Sgd.) S.A. CAWLEY, Commissioner. [L.S.]

E 74 W.A.I.G.

AWARD 1980 No. A 20 of 1981.



Australian Electrical, Electronics, Foundry and Engineering Union

(Western Australian Branch) and

BP Australia Ltd. No. 213 of 1994.

COMMISSIONER A.R. BEECH. 18 November 1994.

Order. WHEREAS a conference of the parties was convened;

And whereas the conference was adjourned to enable the applicant to decide what further action it wished the Commission to take;

And whereas subsequently the applicant filed a Notice of Discontinuance;

And having heard Mr N Hodgson, and later Mr A Lovell, on behalf of the Applicant and there being no appearance on behalf of the Respondent;

Now therefore I, the undersigned, pursuant to the powers conferred on me under the Industrial Relations Act 1979 hereby order—

That the application be discontinued. (Sgd.) A.R. BEECH,

[L.S.I Commissioner.

Whereas the Commission, having reviewed the matter, has come to the conclusion that the application is likely not to be continued and that, in any event, the Respondent is entitled to have the matter disposed of; and

Whereas the Commission has decided, pursuant to the powers contained in Section 27 of the Industrial Relations Act 1979, to discontinue the application, having decided that no prejudice will accrue to the Applicant in the matter as a fresh application can be filed if there is a bona fide need to have the matter the subject of the application determined;


That the application be, and is hereby, discontinued. (Sgd.) J.F. GREGOR,


CANCELLATION OF AWARDS/

AGREEMENTS/ RESPONDENTS—

THE WHALING INDUSTRY (MATES AND ENGINEERS) 1976

AGREEMENT No. 25 of 1976.



AWARDS/AGREEMENTS— Interpretation of—

METAL TRADES (GENERAL) AWARD 1966 No. 13 of 1965.


Industrial Relations Act 1979. Metals and Engineering Workers'

Union—Western Australia and

Eltin Open Pit Operations. No. 765 of 1994.


WHEREAS on the 15th of July 1994, the Metals and Engineering Workers' Union—Western Australia (the Ap- plicant) filed an application for interpretation of subclause (15) of Clause 18.—Special Rates and Provisions of the Metal Trades (General) Award 1966; and

Whereas on the 25 th of August 1994, the Commission was requested by the Applicant not to list the matter at that stage; and

Whereas by the 1st of December 1994, there had been no further contact from the Applicant or any advice whatsoever about the future disposition of the application; and

Cancellation of Agreement.

No. 686 of 1977 part 154.

The Whaling Industry (Mates and Engineers) 1976 Agreement No. 25 of 1976

CHIEF COMMISSIONER COLEMAN. 10 November, 1994.

WHEREAS the Commission, being of the opinion that there was no employee to whom the following agreement applies, and the Registrar did publish notices on the 24th day of November, 1993 of an intention to make an Order cancelling such agreement;

And whereas at the 24th day of December, 1993 there was no objections to the making of such an Order;

Now therefore, I, the undersigned Chief Commissioner of the Western Australian Industrial Relations Commission, pursuant to the powers in the said Act thereby enabling me do hereby order that the following agreement be cancelled.

The Whaling Industry (Mates and Engineers) 1976 Agreement No. 25 of 1976.



CANCELLATION OF ORDERS—


Industrial Relations Act 1979. Newcrest Mining Limited

and The Australian Workers' Union,

West Australian Branch, Industrial Union of Workers and Others

No. 777 of 1994. Tfelfer Goldmine Occupational

Superannuation Order No. C 335 of 1987.

COMMISSIONER J.F. GREGOR. 17 November 1994.

Order. HAVING heard Mr B.D. Williams on behalf of the Applicant and Mr M.D. Llewellyn on behalf of the Australian Workers' Union, West Australian Branch, Indus- trial Union of Workers; Mr A.F. Lovell on behalf of the Australian Electrical, Electronics, Foundry and Engineering Union (Western Australian Branch); Mr D. Hicks on behalf of the Metals and Engineering Workers' Union—Western Australia and Mr D. Mclntyre on behalf of the Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian Branch, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the Tfelfer Goldmine Occupational Superannua- tion Order be, and is hereby, cancelled.

(Sgd.) J. F. GREGOR, [L.S.] Commissioner.

PUBLIC SERVICE ARBITRATOR—

Matters dealt with--


Industrial Relations Act 1979. The Civil Service Association of Western Australian

Incorporated and

Perth Theatre Trust. No. PSAC 79 of 1994.


Order. WHEREAS a conference pursuant to section 44 of the Industrial Relations Act 1979 was held on 25th October 1994; and

Whereas the matter was not settled; and Whereas notice of an intention to discontinue the

application has been given to the parties; Now therefore, I the undersigned pursuant to the powers

conferred by the Industrial Relations Act 1979, do hereby order—

That this application be and is discontinued. (Sgd.) S.A. CAWLEY,


NOTICES—

Award/Agreement matters—

Application No. A5 of 1994

APPLICATION FOR VARIATION OF AWARD ENTITLED "HOSPITAL SALARIED OFFICERS

(WORKPOWER) AWARD 1994" NOTICE is given that an application has been made to the Commission by the Hospital Salaried Officers Association of Western Australia (Union of Workers) under the Industrial Relations Act 1979 for a variation of the above Award.

As far as relevant, those parts of the proposed variation which relate to area of operation or scope are published hereunder.

3.—Scope. This award shall apply to all Professional, Administrative,

Clerical and Technical Employees employed by Workpower Incorporated and its subsidiaries and associated organisations and to Workpower Incorporated.

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

Australia in the areas occupied and controlled by the respondent.

A copy of the proposed variation may be inspected at my office at 815 Hay Street, Perth.

J. CARRIGG, Registrar.

5 December 1994.

INDUSTRIAL MAGISTRATE—

Complaints before—

BEFORE THE INDUSTRIAL MAGISTRATE AT PERTH


s.83

The Forest Products, Furnishing & Allied Industries Industrial Union of Workers, WA Branch

and Jason Industries Ltd t/a Jason Furniture.

Complaint Nos. 242/93 and 274-296/93. INDUSTRIAL MAGISTRATE

I.G. BROWN ESQ. S.M. Heard: 12-13 October 1994. Delivered: 26 October 1994.

Mr M. Lowrey appeared for the Complainant. Mr P. Brunner (of Counsel) appeared for the Defendant.

Reasons for Decision. HIS WORSHIP: These complaints each allege that on specific dates the defendant Company, being a party bound by Clause 20A(3) of Award No. 6 of 1984, committed a breach thereof in that employees at termination of employment were not paid redundancy pay for completed years of service.

These complaints were previously heard by Mr P. Buck SM but following an appeal to the Full Bench the matters were remitted to this Court to be heard by a different Industrial Magistrate. Various witnesses were called by the Complainant on 12 October 1994 and the evidence was


completed on 13 October 1994. After receiving submissions this Court reserved its decision and I now publish my reasons for decision.

It is my primary duty in every case to determine the facts, noting that the burden of proof is the civil standard. Before this Court makes any findings of fact it is convenient to deal

with a group of complaints which fell into a separate category (because in each case the employee mentioned in the complaint was not called to give evidence).

It is correct, as the Acting President said in the decision on appeal, that the failure to call the employee may not be fatal to the complaint because factual matters as to names, periods of service and nature of work undertaken, may be established by other means. Whilst this Court need only be satisfied on the balance of probabilities it is also true to say that in every case the complainant must adduce evidence which discharges the primary evidentiary burden on each complaint, see the Arpad Security Agency Pty Ltd case 69 WAIR 1899.

The witnesses not called were Robert Cochrane (277/93) Angelina Di Giuseppe (279/93), Antoinette Direnzo (280/ 93), Quong Tuoc Ha (282/93), Luu Quang Ho (284/93), Rene Pedro (288/93), Nazmie Siddique (290/93), George Stork (292/93), Robert Tan (293/93) and Yoon Min Then (295/93).

The evidence of some of the other witnesses does establish to my satisfaction that some of the above persons did work for the defendant company prior to 19 March 1993. Some were mentioned by name as workmates doing the same work as the witnesses who were called. However, the evidence before me is not sufficient to allow the Court to determine the precise period of time any of those persons worked for the defendant. An objection to a document marked as MF1-1 was upheld and it cannot be taken into consideration.

It follows that each of the complaints mentioned in the paragraph above must be dismissed because this Court simply cannot ascertain whether any of the staff mentioned had actually completed more than a year of continuous service, or the actual number of completed years. The complainant has failed to discharge its onus to provide an evidentiary basis for the sum claimed to be calculated—see McCorry v. Gomo Investments Pty Ltd 73 WAIG 2643.

In regard to the balance of complaints I accept that each of the workers called was employed by the defendant for the period of completed years nominated in the respective complaints, (as amended during the hearing).

Although it was submitted that the defendant Company's name and formal existence was not proven I am satisfied that the extract of the business names register (Ex P.l) is sufficient to prove that the defendant Company existed as a corporation at all relevant times and traded as Jason Furniture between April 1987 and 11 June 1993. The evidence of the Company Secretary, called by the defendant, confirmed the existence of the Company and the manner in which it operated i.e. with four divisions, of which the Furniture Division was one.

The defendant also submits that evidence does not establish that the employees performed work which was with the scope of the award. The scope clause of the award is Clause 4 which provides as follows,

"4. This award shall apply to the industries as carried on by the representative employers referred to in Schedule 'A' to this award and the employees engaged in those industries and classified in Clause 8 (wages of this award)", see Exhibit P.2."

It is correct that, in accordance with the decisions in Glovers case (1970) 50 WAIG 704 and the Freshwest Corporation case (delivered 23.4.1991), that this Court must undertake an enquiry, based on the evidence called, to establish—

(1) what are the industries carried out by the representative employers in Schedule 'A' to the award.

(2) whether the employees were actually engaged in those industries.

This award (Exhibit P.2) contains a schedule 'A' which is headed "Industries and List of Respondents". There follows a series of sub-heading of industries including "upholstering, metal furniture making, wood machining" and under these three headings the name of Jason Industries Ltd appears as a named respondent. At page 2678 Jason Industries appears on the alphabetical list of respondents.

It can be seen that the defendant in this case is one of the many named representative employers. The evidence of the ex-employees is therefore admissable and relevant to the issue of what was the nature of the industry. In my view there is a host of evidence available to demonstrate that the nature of the industry in which the defendant was engaged in was the manufacture of chairs, in particular lounge type chairs plus some two seater lounge chairs as well as some "special lines" being sofas which convert to a bed—see the evidence of Mr Mathews and Mr Fenlon. I am satisfied that the evidence as a whole discloses that the manufacture of these items within the furniture division involved cutting material, sewing of material by machinists and the cutting, welding and joining of various component parts which include wood, metal, cloth of various types and rubber foam.

The evidence of Ms Antrobis, which I accept as reliable, demonstrates that a level of supervision was required so that work was allocated by her to others and she was responsible for ensuring it was completed on time and at a satisfactory standard. She spoke of doing some 'overlocking' as well as her duties as co-ordinator for the 15 months prior to her dismissal. I am satisfied she worked for 18 years and received payment for all her entitlements except redundancy. I do not propose to address in detail of the other witnesses called but I am satisfied their work was related to the industry in which the defendant was engaged.

As to the further submission that the evidence as to the rate of pay of some employees was not clear I am satisfied that each of the wimesses called was able to nominate a weekly rate of pay which was sufficiently precise to allow a calculation of each redundancy payment by simply multiplying that figure by the number of completed years continuous service as provided in Clause 20A (3) of the award. I am satisfied that in each of the remaining complaints the evidence is sufficient to confirm that the sum nominated is correctly calculated.

The final and most significant submission by the defendant is that the circumstances of the dismissal of these employees were such that the redundancy provisions of the award, as set out at Clause 20A, do not apply. This submission requires consideration of the terms of the award which provides,

"20A (1) (a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with the union."

At this point it is appropriate to set out the facts of this matter. There is no real dispute as to relevant facts and the witness called by the defendant did not dispute the majority of the evidence given by the complainants wimesses. I find the following facts—

1. The defendant Company operated four separate Divisions which each had a separate General Manager and a separate set of accounts; the employees in this matter were all engaged in the Furniture Division.

2. The Furniture Division was losing money during 1991, 1992 and 1993. Mr Brian Matthews joined the defendant Company in November 1991 and was appointed General Manager of the Furniture Division on 2 April 1992. He left the Company in


June 1993 and is now Chief Executive Officer of the W.A. Potato Marketing Board. He is an experienced Company Executive and I found him to be an impressive and reliable witness.

3. In February 1992 and 20 employees from the production floor of the floor of the Furniture Division were put off by the Company. Some management staff were also put off at that time. The reason for this action was that sales were down and expenditure in the Division had to be reduced.

4. By September 1992 the financial position of the Division was still deteriorating and this was affecting the Company as a whole. Mr Matthews was involved in heated debates at Board level as to production targets and sales targets. Sales did not pick up at Christmas 1992 as hoped and Mr Matthews was required to put a proposal to the Board.

5. His first proposal in early 1993 was to cut between 25-27 staff from the Division with effect from 19 February 1993. That proposal was eventually adopted except that a new Chief Executive Officer decided that up to 48 staff would have to go from the Division. The vast majority of dismissals were to be from the shop floor and the decision as to who went was made by Mr Matthews on the recommendation of his production supervisors.

6. I accept that the Company made a firm decision to reduce staff numbers from the production floor and thereby reduce production of chairs etc. The net effect was that the same types of jobs and the same type of work was carried on after the dismissals, albeit by less staff. In overall terms the production staff numbers were reduced from about 120 to about 80 on 19 March 1993. I accept that due to normal resignations and staff turnover in the industry a more precise global figure would be difficult to ascertain.

7. The staff who were dismissed were informed of their fate either late on 18 March or during the morning of 19 March 1993. They all received payments for recreation leave, long service leave and pay in lieu of notice. Some received additional payments under the award but none of them received a redundancy payment under Clause 20A of the award. A letter was received by some employees expressing regret at the action taken as illustrated by the letter dated 19 March 1993 sent to Mr Fenlon (Ex P. 6).

8. The remaining staff in the Furniture Division were dismissed in October 1993 and the Division ceased operation at that time. The defendant has made arrangements to pay that group of staff redundancy payments in accordance with the award, except that the payments were staggered over a 12 month period.

9. The annual report for the defendant Company for the year ended 31 March 1994 (Exhibit D.l) discloses that the group of Divisions as a whole made a small net profit for the year of $148,498. It is clear that this result was only achieved after a sell-off of assets as described in the annual report as follows—

"Closure of the Furniture Division. Your Company has been involved for

nearly 50 years in the manufacture of furniture and established a pre-eminent position in the motion furniture market in Australia. However, in recent years import competition and rapid changes in the nature of the market have resulted in increasing levels of losses being experienced.

Last years report, published 13 October 1993, included the statement that the Furni- ture Division's manufacturing plant would be

closed before the end of 1993, and that future production would be made under licence by other manufacturers. This is in direct contrast to expectations through the preceding year and calls for further comment.

Until shortly before the decision to close manufacturing, both Board and Management remained confident that a turnaround to profitability would be achieved. A new range of Chaise-lounge chairs made under licence to Motion Only Inc., USA was an encouraging development, but our baseload Recliner- rocker chairs suffered badly from overseas competition. Fixed overheads were too high to be sustained by the sales achieved.

A thorough review both internally and by external consultants was undertaken and after much soul searching it was decided that the level of investment required to re-establish a viable furniture business was beyond the Company's capacity to fund and would not have provided a sufficient rate of return to shareholders to justify such an investment.

Your Board therefore decided to cease the manufacture of furniture and close the furniture factory in October 1993. A royalty agreement was concluded with the Morgan Group of New Zealand to manufacture and distribute motion furniture in Australia under the Jason La-Z Boy name.

Thus the Jason name lives on through manufacture under licence from which a steady stream of royalty payments is expected to develop in time.

We believe this was the best solution available in the circumstances, and we are pleased that the Jason name will remain in the market and potentially contribute to earnings in the future.

A sad outcome was the need to sell the profitable Windows Division. Funds from this sale, plus the expected sale of our Kumall Road property shortly, should enable this company to meet the remaining obligations relating to the closure of furniture manufacturing".

10. The Company Secretary Mr Fabrey states that the Kumell Road property is still on the market and has not been sold yet. By selling that property he said the defendant Company hopes to be able to pay out all creditors, including unsecured creditors. He said that if the complainants were successful in these proceedings the company would have to seek an extension of overdraft facilities from its Bank. He was unsure what the outcome would be of such a request, as the present overdraft was approximately $800,000.

11. Mr Fabrey said that most remaining creditors had agreed to be patient and wait for the sale of the Kumell Road property which would allow them to be paid.

12. Mr Fabrey agreed that in about May 1993 staff in the Windows Division (which was trading profitably) received a "decent increase" in salary. He also agreed in cross-examination that the sum of $191,187 was paid to Mr C.R. Bridge upon his resignation as a working Director. He further agreed the sum was calculated according to a confidential formula which took into account his long service with the Company and his relationship as brother of the Chairman.

13. From 1 April 1994 there has been a restracturing of the Company so that the main operating division is now a wholly owned subsidiary Company. Although the parent Company no

3026 k\rj]

longer owns the assets directly, Mr Fabrey denied the restructuring was designed to defeat the claims of creditors.

Having regard to the above facts the submission of the defendant that these dismissals in March 1993 fall within the proviso to Clause 20A is untenable. This occasion was clearly not a case of an ordinary and customary turnover of labour. This Court sees a direct analogy between this case and that in McGarry v. Boonah Clothing Pty Ltd 1993 49 IR 66 which was adopted and applied by the Full Bench in the Dancroft Holdings case (delivered 15.7.94).

The general concept of redundancy payments should now be well understood. The facts of this case disclose that a number of staff (the witnesses called) were dismissed as a result of a management decision to down-size the operation of the furniture division. It is only Ms Antrovius whose position is doubtful because of her concession that she believes Mrs Walker took over her job as co-ordinator. However, prior to the dismissal she and Mrs Walker were effectively doing the same job. I am satisfied that it was not normal for the Company to dismiss long serving staff such as Ms Antrovius just because of a decision to reduce the size of its operation. That is the proper test as set down by the Full Court in the Dancroft Holdings case.

The failure on the part of the defendant to call the particular person who may have taken over the particular duties and responsibilities of Ms Antrovius is also significant. In my view her observation was simply a guess, perhaps based on hearsay, as to what happened after she left on 19 March. 1993. In all the circumstances I am not satisfied on the balance of probabilities as to what precisely happened with re-arrangement of duties and responsibilities in the machinist area of the division after 19 March 1993, except that Mrs Walker continued to do the same work as she did before.

I am therefore satisfied that in each case where the complainant has called the employee concerned the breach alleged has been proven. The financial position of the defendant is in my view irrelevant except as to mitigation.

These reasons will be published and either of the parties may request the Clerk of this Court to have the complaints re-listed before me at 9.00 a.m. on any day at Central Law Courts so that final orders as to compensation, costs and submissions on penalty can be made.

(Sgd.) I.G. BROWN S.M., [L.S.] Industrial Magistrate.

SECTION 23—

Miscellaneous matters—


Industrial Relations Act 1979. BHP Iron Ore Ltd

and The Construction, Mining, Energy,

Timberyards, Sawmills and Woodworkers Union of Australia—Western



Order. WHEREAS on the 25th of October 1993, BHP Iron Ore Ltd filed an application in the Registry pursuant to Section 27(1 )(a) of the Industrial Relations Act 1979, for an Order dismissing Application No. C 453 of 1993; and

Whereas on the 5 th of January 1994, the Commission was advised by the Applicant that the Union had withdrawn Application No. C 453 of 1993, and that BHP Iron Ore Ltd would, in due course, withdraw Application No. 1401 of 1993; and

Whereas at the 1st of December 1994, Application No. 1401 of 1993, had not been the subject of an application for withdrawal and the Commission, exercising the powers vested in it under Section 27 of the Industrial Relations Act 1979, resolved to discontinue the application in the public interest;




UNFAIR DISMISSAL/ CONTRACTUAL

ENTITLEMENTS—

Editor's Note: Previous Reasons for Decision and Order published (74 WAIG 1941)



John Bombak

and

Didco Pty Ltd t/a Nik Varga Real Estate

No. 484 of 1994.


Order.

WHEREAS the applicant filed in the Registry of the Commission, on 26 April 1994, a Notice of Application which alleges he had not received benefits due to him pursuant to his contract of employment; and

Whereas an oral application to amend the application made on 26 April 1994 was heard on 14 June 1994 and 8 July 1994; and

Whereas Reasons for Decision regarding the application to amend, and the related Order, were published respectively on 18 July 1994 and 5 August 1994; and

Whereas by a Notice of Hearing dated 16 September 1994 the originating application was listed on 5 October 1994 for the applicant to show cause why it should not be dismissed; and

Whereas, by consent of the parties, the proceeding commenced on 5 October 1994 was adjourned; and

Whereas a facsimile transmission from the agent for the applicant, received 7 November 1994, conveys an intention that application No. 484 of 1994 be discontinued; and

Whereas a Notice of Discontinuance signed by the applicant, was lodged with the Commission by the agent for the respondent on 8 November 1994, thus confirming the intention of the applicant that his appeal be discontinued;

74 W.A.I.G. 3027

Now therefore the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That application No. 484 of 1994 be and is hereby discontinued.




Geoffrey Dawes and

Foodland Associated Limited. No. 886 of 1994.


Order. HAVING heard Mr G. Dawes on behalf of the Applicant and Mr S. Archer (of counsel) on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

(1) That the application be withdrawn by leave; and (2) That leave be reserved to the respondent to apply

for costs. (Sgd.) G.G. HALLIWELL,

[L.S.] Senior Commissioner.


Industrial Relations Act 1979. Patricia De Leeuw

and (Norm Pearce) Widgiemooltha Roadhouse.

No. 260 of 1994. COMMISSIONER J.F. GREGOR.


WHEREAS on the 4th of March 1994, the Applicant filed an application in the Commission pursuant to Section 29 of the Industrial Relations Act 1979, alleging unfair dismissal; and

Whereas on the 14th of April 1994, the Commission, pursuant to Section 93(8) of the Industrial Relations Act 1979, directed Deputy Registrar Pope to investigate and report on the prospect of settlement of the matter by conciliation; and

Whereas at the conclusion of the conference, it was decided that the Applicant would think over an offer of re-employment without compensation made by the Respon- dent; and

Whereas in his Memorandum to the Commission on the 8th of June 1994, Deputy Registrar Pope stated that he had written to the Applicant requesting a Notice of Discontinu- ance; and

Whereas at the 30th of November 1994, no Notice of Discontinuance has, been received;





Industrial Relations Act 1979. Oscar Fabris

and The Western Australian Government

Railways Commission No. 881 of 1991.


Reasons for Decision. THE COMMISSIONER: The application before the Com- mission is one made pursuant to s.29(b)(i) of the Industrial Relations Act 1979 (the Act) wherein Mr Fabris claims he was unfairly dismissed from his employment with the respondent. His employment commenced on 18 October 1976 and purportedly ended on 10 July 1985 when he was summarily dismissed for alleged misconduct. Mr Fabris had been employed as a Fitter in the Mechanical Branch of the respondent's business.

Action was commenced before the Commission by way of a Notice of Application filed in the Registry on 13 June 1991. The applicant thereby seeks "reinstatement of his contract of employment from the time of purported summary dismissal", and a declaration that "the Appli- cant's contract of employment with the Respondent came to an end by operation of law by reason of the Applicant's likely long term incapacity to perform the duties of the contract of employment on or after 28 November 1985." In answer thereto, the respondent denies that it unfairly dismissed the applicant and, in addition, asserts that the Commission does not have jurisdiction to deal with the matter. The Commission was asked to hear matters of jurisdiction as a preliminary matters, and that it did pursuant to the Act as it stood prior to the operation of the amending Act, No. 15 of 1993.

It is asserted by the respondent that the Commission is without jurisdiction for reasons which are twofold. Firstly, the dismissal of Mr Fabris is of the type referred to in s.73 of the Government Railways Act 1904—1982 and able to be appealed pursuant to s.77 thereof. Thus, the Commission is precluded from exercising its usual jurisdiction by reason of s.23(3)(d) of the Industrial Relations Act 1979 which prescribes—

"(3) The Commission in the exercise of the jurisdiction conferred on it by this Part shall not— (a) (b) (c) (d) regulate the suspension from duty in, disci-

pline in, dismissal from, termination of, or reinstatement in, employment of any employee or any one of a class of employees if there is provision, however expressed, by or under any other Act for or in relation to a matter of that kind and there is provision, however expressed, by or under that other Act for an appeal in a matter of that kind;

(e) (0 (g) "

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.I.G. 3028

Secondly, the application made by Mr Fabris has commenced more than five years after the employee and employer relationship has concluded and therefore it is too remote from the cause of action to constitute an industrial matter. It is the motion of the respondent that the Commission either dismiss the application, or refrain from further hearing and determining the matter as it is not in the public interest.

It is submitted on behalf of the applicant that he was not of the class of employee described in s.73 of the Government Railways Act and therefore no avenue of appeal against his dismissal was open to him under s.77 of that Act. Counsel argues that s.73 of the Government Railways Act 1904— 1982 empowers The Western Australian Government Railways Commission (the WAGRC), the body corporate, to dismiss any officer or servant of the "Department" which, at s.2, is defined as—

"2. In this Act, if not inconsistent with the context— 'Department' means that branch of the Public Service employed in connection with Government Railways."

Section 77 of the Government Railways Act, it is said, is limited to providing an avenue of appeal to an employee dismissed under s.73 of that Act and thus applies only to a person who had been employed by the "Department" and not by the body corporate, the WAGRC, as had been the case with Mr Fabris.

In response, the WAGRC argues that the term "Depart- ment" is loosely used within s.73 of the Government Railways Act. That term, the WAGRC submits, is not used to identify the existence of an entity that is separate to the WAGRC within the railway service, but is one of convenience which, over many years, has been erroneously used to describe the overall railway service as a department of Government because of its public utility character. There is not, and never has been, a Government railways department established, it is said.

Sections 73 and 77 of the Government Railways Act 1904—1982 prescribe as follows (emphasis added)—

[s.73(3) enacted by the Acts Amendment (Public Service) Act No. 113 of 1987]

"73. (1) The Commission may appoint, suspend, dismiss, fine, transfer without payment of transfer expenses, or reduce to a lower class or grade, any officer or servant of the Department, and may, without prejudicing or otherwise affecting any other authority the Commission has to act by agents, delegate any of the powers conferred upon the Commission by this section, in such manner, for such period, and subject to such conditions, if any, as the Commission deems fit, and the delegate may exercise the powers in accordance with the delegation, but neither the Commission nor the delegate shall in the exercise of any of those powers, be subject to the Minister except in the cases of such offices and services as shall be prescribed:

But every such officer and servant shall be deemed to be in the service of the Crown.

(2) The Commission may— (a) in any case where an officer or servant

has for any act or omission been suspended—

(i) fine; (ii) reduce to a lower class or grade;

(iii) dismiss; or (iv) transfer without payment of trans-

fer expenses, that officer or servant, notwithstanding and in addition to such suspension; and

(b) in any case where the Commission considers the circumstances warrant, by way of punishment for an act or omis-

sion reduce an officer or servant to a lower class or grade and also transfer him without payment of transfer expenses,

but except as provided in the subsection the Commission shall not inflict on any officer or servant more than one form of punishment for the same offence:

Provided nevertheless that if the act or omission is one in respect of which the officer or servant has been punished under section thirty-one or section thirty-two of the Traffic Act 1919,1 the Commission may inflict on that officer or servant the punishment referred to in subparagraph (iii), or either or both of the punishments referred to in subparagraphs (ii) and (iv), but not the punishment referred to in subparagraph (i), of paragraph (a) of the subsection.

(3) Notwithstanding anything in this section, to the extent that there is in the case of a person who is appointed under subsection (1) to be an officer or servant of the Department and who is a member of the Senior Executive Service within the meaning of the Public Service Act 1978 an inconsistency between this Act and that Act that Act shall prevail.

77. Any person who, being permanently employed on a Government Railway, is, under section seventy- three of this Act,- (1) fined; or (2) reduced to a lower class or grade; or (3) dismissed; or (4) suspended from employment in such circum-

stances as to involve loss of pay; or (5) transferred by way of punishment involving

loss of transfer expenses, may, in the prescribed manner, appeal to an Appeal Board constituted as hereinafter provided, except where the person is the occupant of an office prescribed under section seventy-three of this Act as one in respect of which the exercise of any of the powers referred to in that section is subject to the Minister, in which case the person shall not have a right of appeal to an Appeal Board so constituted, but the person may in manner prescribed by the regulations appeal to a Stipendi- ary Magistrate.

No person shall be deemed "permanently employed" within the meaning of this section unless he has been continuously employed for three months. "

To support its contention that the WAGRC is not a department, the respondent exhibited to the Commission an extract from the Public Service List 1990, titled Departmen- tal Index (exhibit A), which impliedly is an exhaustive list of the branches of the Public Service established as departments under s.21 of the Public Service Act 1978. That list contains no reference to the body corporate, the Western Australian Government Railways Commission, nor any reference to that entity or the government railway by any other description, says the respondent.

The Government Railways Act 1904, reprinted in 1982, describes its purpose as being an Act to—

"...consolidate and amend the law relating to the maintenance and management of Government Rail- ways."

Therein it is stated that Government railways are vested in the Minister for Railways, as a body corporate, on behalf of the Crown. A body corporate titled The Western Australian Government Railways Commission, consisting of the person appointed as Commissioner by the Governor, is constituted to direct, manage, maintain and control the


railway which includes the provision, regulation and control of the necessary labour.

Throughout the legislation the terms "Commission", "Department" and "department" are used and the connection in which they occur, related to the terms "officer", "servant" and "employee", should be considered in the context of the Railways Act, read as a whole. Although these three last mentioned terms are not defined, from a consideration of the context in which they are used, it is apparent they refer to persons of the same generic class, that of "employee". Extracts from the legislation which may be of assistance in the determination of this matter are therefore reproduced (abbreviated and partly emphasised) hereunder—

(2) The Commission shall be the permanent head of the Department, and, subject to the Minister except as provided in section seventy-three of this Act, shall be responsible for the administration of this Act.

(2) The Commission may....authorize the Com- missioner and any other officer of the Commission to represent the Commission.... revocable at the will of the Commission.

9 No act, matter or thing done by the Minister or the Commissioner or any agent or servant of any of them....shall subject him to any personal liability.

16 .... (2) In the exercise of the powers aforesaid the

Minister or the Commission, as the case may be, may use and employ the whole or any portion of the employees and staff and property of the department, and may employ such other servants, workmen, contractors, and agents, and obtain and use such other plant, machinery, and property as may be necessary for such purpose.

22 .... Provided, however, that the Commission, or any officer of the Department duly authorised by the Commission, may from time to time....

23 .... (23a) providing for areas on land....to be set aside

as vehicle parking or standing areas for use by— (a) officers and servants of the Department

or Commission; (23b) generally regulating the control, supervision

and management of parking or standing areas....and in particular—

(g) prescribing the circumstances under which an officer or servant of the Department or Commission may remove a vehicle....

(3) Notwithstanding....the charges applicable in relation to any service....shall be such as are determined by the Commission or any officer of the Department duly authorised by the Commission from time to time....

(2) The Commission and its officers may refuse to take any parcel which it or they may suspect to contain goods of a dangerous nature....

49 If any person—

(1) trespasses upon a railway; or

it shall be lawful for....any officer or servant of the Department or Commission....

50 When the breach of any provision of this Act....is attended with any danger or annoyance to the public or any person, any officer or servant of the department or Commission may....

73 (As quoted supra)

75 A statement in writing....upon a wages or salary pay sheet...if purporting to be signed by a paying officer and countersigned by some other officer or employee of the department....

76 (1) Notwithstanding anything in this Act or in any industrial award or industrial agreement to the contrary, every officer or servant of the department appointed or whose employment commences after the commencement of this section....

(3) In the case of every officer or servant to whom this section applies, it shall be lawful for the Commission, or its paying officer, or any other officer of the Department charged with the duty of paying salary or wages....

(4) Provided that subsections (1), (2), and (3) of this section shall not in any way affect or apply to—

(a) any officer or servant employed in the

this section, unless

(b) any officer or servant appointed, or whose employment commences after the commencement of this section, who proves to the satisfaction of the Com-

by this paragraph....shall apply to such officer or servant as from the said date as if he had been appointed to or had commenced his employment in the De- partment on such date:

(d) any officer or servant employed in the Department whose rate of pay is lower than the minimum rate prescribed....or whose employment is of a temporary

(5) Provided also that nothing....shall prevent an officer or servant employed in the Depart- ment....from contributing voluntarily... .whilst he continues to be so employed.

(6) The Commission may by by-laws....prescribe special conditions for the benefit of officers or servants in the department....

77 (As quoted supra)

82 With respect to the procedure on appeals, the following provisions shall apply:—

(1) The Appeal Board may admit evidence taken at any departmental inquiry at which the appellant was present and had an opportunity of hearing the evidence and of giving evidence.


(4) The parties may be represented at the hearing of the appeal—

(a) as to the appellant—

(iii) by an employee of the Commission nominated by the appellant; and

(b) as to the Commission, by one of its employees authorized by it in that behalf:

86 No officer or servant of the Department shall—

(1) Engage in any employment outside the duties of his office except with the approval of the Commission; or

92 (1) For the purpose of this section, "Government department" includes a Minister of the Crown acting in his official capacity, any State Government Department, State Trading Concern, State instrumentality. State public utility and any other person or body, whether corporate or non-corporate, who or which, under the authority of an Act of Parliament administers or carries on for the benefit of the State any public social service or public utility.

(2) Save as otherwise expressly provided, nothing in this Act shall affect any rights, powers, authorities or duties of any Government department other than the Minister or the Commission or the Department.

(3) Where the exercise of any rights....by the Minister or the Commission or the Depart- ment may affect the exercise of any rights....by any other Government department, the Minister or the Commission or the Department, as the case may be, shall so far as practicable confer and co-operate with that other department.

(4) Without prejudice to the power of direction and control of the Commission conferred upon the Minister, any question, difference, or dispute arising or about to arise between the Minister or the Commission or the Department and any other Government department....may be finally and conclusively determined by the Governor.

93A (1) A statutory declaration made for the purpose of verifying....may be made by the declarant before any classified Government Railway Officer.

95 In all proceedings in any court of petty sessions any officer of the Commission appointed by the Commissioner....may represent the Commis- sion....as though such officer were the party concerned.

96 (1) In any prosecution or legal proceeding under the provisions of this Act....no proof shall be required (until evidence is given to the contrary) of—

(c) the particular or general appointment of any officer of the Commission to take proceedings against any person;

(e) the appointment of the Commission, or any officer of the Commission, or

(2) The production of—

(b) a copy purporting to be a true copy....certified as such under the hand of the Commissioner, or officer authorised in that behalf, of the Commis- sion,

shall be evidence until the contrary is proved....

97 A All documents whatever....purporting to be signed by the Commissioner or officer of the Commission authorised in that behalf by the Commission shall be received as evidence....

As is evident from the foregoing extracts of the legislation, the terms "Commission" (WAGRC) and "Department" variously appear throughout and often with reference to employees. The two terms are separately and also differently defined within s.2 of the Government Railways Act 1904—1982 and the grammatical constructions of the emphasised extracts (supra) re; s.8(2), 28A(3), 92(2), (3) and (4) clearly show that the terms refer to two different entities. Thus, where in s.23(23a), (23b), 49 and 50 the two terms appear in conjunction with each other in the phrase—" officer(s) and(or) servant(s) of the Depart- ment or Commission..." the preposition "or" which separates the terms must therefore be read as distinguishing one from the other in relation to each entity's officers and/or servants ie employees of the "Department'' and those of the "Commission".

Section 2 of the Government Railways Act 1904—1982 defines the "Department" to be that branch of the "Public Service" employed in connection with Government Rail- ways. Absent any definition which describes the "Public Service", what meaning should be ascribed to it, the legislated meaning given the same terminology by the Public Service Act 1978 for its purposes, or a broader meaning which encompasses all who serve the public on behalf of the Government?

The Public Service is, pursuant to s.20 of the Public Service Act 1978, constituted by—

"(a) departments and sub-departments; and (b) organizations, insofar as any posts in them, or

persons employed in them, or both, belong to the Senior Executive Service. "

Departments or sub-departments are, by definition within the Act, those "branches" of the Public Service established by the Governor upon the recommendation of the Public Service Commissioner pursuant to s.21 and s.22 respectively, of that legislation. By s.20 of the Public Service Act 1978 a distinction is drawn between a department, a sub-department and an organization, the last mentioned of which is defined to mean, with one exception not relevant here, a State trading concern, State instrumentality, State agency or public statutory body, corporate or unincorporate, established or continued by, or under, a written law and specified in column 2 of the Schedule to the Act.

The Schedule to the Public Service Act 1978 under column 2, names, at item 42 in column 1, "The Western Australian Government Railways Commission, constituted under the Government Railways Act 1904". Thus it is apparent from s.20 of this Act that the WAGRC is not encompassed within the terms "department" or "sub- department" because, by description, it is an "organization" which, insofar as any person within the Senior Executive Service is employed therein, is to that limited extent expressly prescribed to be part of the Public Service.

When enacted in January 1904, the Government Railways Act 1904 in s.2, defined a "Department" in the same terms as that contained in the present legislation, except that the words of the expression "public service" do not commence with capital letters as is now the case. The Public Service Act 1900 was that in force at the time. At s.4 thereof, a "Department" is described to mean a department of the Public Service constituted pursuant to that Act.


What then constituted a "Department" was expressed in s.10 and s.ll as follows—

"10. A Department is constituted of each branch of the (Public) Service, being the office of a Minister or communicating directly therewith.

11. The Governor shall decide the constitution of all divisions and departments."

Die Public Service was described in s.7 as being inclusive of all persons employed in the Public Service of Her Majesty, save for several exceptions, an example of which is persons employed at daily or weekly rates of wages, and that may have had some relevance regarding railway employees. Of further interest is s.5 of the Public Service Act 1900 wherein an exemption from the operation of that Act, relevant to the railway service, is expressed—

"5 Nothing in this Act shall apply to—

(j) Railway Servants whose appointment is in the power of the Commissioner of Railways under authority delegated to him by the Governor:

By s.17 all appointments to the "Public Service" were required to be made by the Governor, or by the Minister under authority delegated by the Governor.

The Public Service Act 1900 at s.8 declares that the Public Service consists of "Divisions" and "Departments". A "Division" is not material to the present matter. However a "Department" is, by reason of s.10, said to be constituted of—"each branch of the (Public) Service" which is therein described as—"being the office of a Minister or communicating directly therewith". This last quoted phrase I comprehend as referring to each branch constituted by the office of a Minister and, in addition, any other "branch" that communicated directly with a Minister, meaning one which was required, for example legislatively or administra- tively, to operate with direct ministerial involvement or liaison.

Within s.2 of the Government Railways Act 1904 appears the term "Minister" which is defined to mean—

"...the Minister for Railways and includes any responsible Minister of the Crown administering this Act for the time being."

Sections 17, 21, 22, 57, 58, 60, 61 and 62 of the Government Railways Act 1904 required that the Commis- sioner of Railways first obtain the approval of the Minister before exercising a number of his powers. Section 83 thereof also commanded the Commissioner of Railways to make a quarterly written report to the Minister and s.84(3) further commanded that he prepare certain annual financial esti- mates in the form directed by the Minister.

In the parlance of s.10 of the Public Service Act 1900 the Commissioner of Railways communicated directly with the Minister for Railways and thus exhibited a major character- istic of a department.

The Public Service was, pursuant to s.4, s.7, and s.17 of the Public Service Act 1900, constituted by persons expressly appointed to, and employed in, the service of the Crown. Thus for the purpose of this legislation, a branch, or synonymously a department, need firstly be formed of public servants and secondly, pursuant to s.ll, within parameters decided by the Governor.

It is trite to observe that the Public Service Act 1900 legislated the constitution of the "Public Service", the control and administration thereof and the obligations and benefits applicable within the service. Expressly excluded from the operation of that Act are railway servants whom the Commissioner of Railways had power to appoint according to authority given him by the Governor (s.5(j)). The wording provided an exclusion for certain railway servants, that is those whom the Commissioner of Railways was empowered to appoint with the express authority of the Governor. That particular phraseology appears to limit the

extent of the exclusion, for had Parliament intended railway servants as a total class of persons to be excluded, then such could have been concisely expressed without any reference to the Commissioner of Railways or the Governor.

Section 68 of the Government Railways Act, as enacted in 1904, empowered the Commissioner of Railways to appoint, punish and dismiss " any officer or servant of the Department" under powers delegated by the Governor. Such power was also deemed to be delegated in relation to an officer or servant whose annual salary or wage did not exceed 400 pounds per year.

In the matter of West Australian Locomotive Engine- drivers, Firemen, and Cleaners' Industrial Union of Workers v. The Commissioner of Railways (2 WAR 154), the Court of Arbitration, in December 1903, considered an Agreement between those parties wherein the daily rates of wages for locomotive engine drivers were addressed. It is there shown that such rates ranged from 11 shillings to 15 shillings per day. There are recorded (3 WAR 219 et.seq) several 1904 Agreements made between the Commissioner of Railways and the Unions representing tradespersons and assisting labour, wherein wage rates ranging up to 15 shillings per day are prescribed. The sum of 15 shillings converts to a wage of 234 pounds per year and thus the employees entitled to such wage rates were those who, because this wage was less than 400 pounds, the Commissioner of Railways could appoint etcetera, pursuant to s.68 of the Government Railways Act 1904.

In 1905 the Court of Arbitration considered the matter of West Australian Amalgamated Society of Railway Employ- ees' Union of Workers v. Commissioner of Railways (4 WAR 221) and issued an award to cover certain employees of the "Department" which term was defined therein to mean ".... Western Australian Government Railways De- partment". The Commissioner of Railways is cited as the respondent party to the award and expressly commanded to observe it yet, almost exclusively, the term "Department" is used throughout the award to refer to the employer entity.

Within the award reference is made to a "Head of Branch" which is defined to mean, for example. Chief Traffic Manager, Chief Mechanical Engineer, and several other occupations. Thus, those were occupations which existed within the management structure of the railway service. However the legislation gives no indication whether, at that time, the Commissioner was empowered to appoint, punish or dismiss officers employed in such managerial occupations. Section 68 of the Government Railways Act 1904 also declared—

"68 But every such officer and servant shall be

deemed to be in the service of the Crown."

The term "such" as it was used in relation to an officer or servant was obviously meant to convey that they were the same class of persons mentioned as being "of the Department" in the preceding paragraph of the section. If the term "Department" as there used carried the same meaning expressed at s.4 of that same Act, that is "that branch of the public service", then a provision deeming an officer or servant to be "in the service of the Crown" was superfluous because branches of the legislated public service were constituted of persons actually in the service of the Crown (s.7 Public Service Act 1900).

Following upon the enactment of the Government Railways Act 1904 a new Public Service Act was also enacted. That Act, the Public Service Act 1904 was proclaimed to operate in April the following year. It repealed the Public Service Act 1900, and an amending Act, and prescribed at s.4 that—

"4. In this Act the following expressions shall, unless the contrary intention appears, have the meanings hereby respectively assigned to them, namely:—

"Department" means any department at any time established by the Governor."


A reference to the railway service is contained in s.5 as follows

"5. Unless otherwise expressly provided, this Act shall not apply to—

Any officer or person appointed by the Commissioner for Railways under the Gov- ernment Railways Act 1904, or any Act amending the same; or

There is nothing contained elsewhere in the Public Service Act 1904 which raises a contrary intention to s.4 regarding the meaning of the term "Department". Addition- ally, there does not appear to be a provision which extended the operation of this Act to any officer or person appointed by the Commissioner of Railways. Therefore, the Act had no application to an employee described in s.5.

The Public Service continued to be formed of "Divi- sions" and "Departments", but the term "branch" was not used in direct conjunction with that of "Department", as was the situation in the 1900 legislation. However, the term does appear within the definition of an "officer" which is described to mean and include "...all persons employed in any capacity in those branches of the Public Service to which the Act applies." Absent any express meaning to be given the term "branches", I think it reasonable that it be taken as the jargon of the day used in reference to separately identifiable parts of the public service, that is departments, or part thereof, and possibly divisions.

It is not evident from the legislation whether the Governor established a "Department" constituted of railway employees separate to those that the Commissioner of Railways was empowered to appoint.

This Commission has been referred to extracts from the Public Service List 1990 (exhibit A). When enacted in 1904 the Public Service Act, at s.13, required the Public Service Commissioner appointed thereunder to maintain a list of officers in the public service and to annually forward such to the Governor and to have it published.

The first such Public Service List, the Commission has ascertained, was published in 1909. It included a message to the Governor which, so far as is relevant, is quoted hereunder—

"In pursuance of Section 13(2) of the Public Service Act 1904 (quoted hereunder), I have the honour to forward herewith, for presentation to Parliament, a List of all Officers employed under the provisions of the Public Service Act 1904 on the 30th clay of June, 1909, with the particulars recorded in respect to them as required by the Act; also other information as set out in the Table of Contents.

The Act directs that until otherwise directed."

(emphasis added). The aforementioned Table of Contents lists the Ministers

of the Crown and their areas of responsibility. Each listing provides page references within the list at which permanent and temporary officers' details are recorded. Nowhere does there appear the Minister for Railways nor any other reference to the Railway Service.

Nowhere in the Public Service Lists for following years is there a department which, by its name, appears to have had any relevance to the railway service, nor was there an officer listed as appointed to the railway service. Thus it appears that no part of the railway service constituted a department (or branch) of the public service by operation of the Public Service Act 1904. The absence of any reference to the railway service also suggests that the Governor did not establish a railway service "Department" as a "branch" of the public service.

However, recourse to archives in relation to the early Public Service Lists led to the discovery of a document titled the' 'Blue Book'' which appears to have been first published in 1899 regarding the year 1898. It carries upon its cover the following—

"(COMPILED IN THE REGISTRAR GENERAL'S OFFICE FROM OFFICIAL RETURNS)

BEING A LIST OF THE OFFICERS OF THE ADMINISTRATIVE, LEGISLATIVE, AND CIVIL ESTABLISHMENTS

Presented to both Houses of Parliament by His Excellency's Command"

At p. 25 thereof appears the number and title— "Section IV.—Department of Commissioner of

Railways and Director of Public Works" The single Commissioner and Director is thereunder

identified by name, followed by the sub-heading— "Working Railways and Tramways"

Under this sub-heading, at p. 25 (et.seq) are listed officers' names, together with other information including their date or appointment under the Government, their designated office and the date of appointment thereto. These officers are grouped under further sub-headings. An obviously relevant sub-heading and extract of designated officer categories is the following—

"Traffic Branch Chief Traffic Manager District Superintendent, Perth Chief Clerk Inspector Night Inspector Station Master"

Numerous officers are designated "Stationmaster" and their station identified by suburb name or country town. Thus there can be no doubt that the Railway Service existed as a Department of the Government in 1898.

The Blue Book continued to be presented to Parliament annually, the last occasion appearing to have been in 1906. That Blue Book, regarding the year 1905, provides the same breadth of information examplcd (supra) and again clearly refers to the Railway Service as a Department of Govern- ment, on that occasion under the heading—

"Department of Minister for Mines and Railways"

What is glaringly apparent from the Blue Books covering 1904 and 1905 is that the substantial majority of the designated officers are listed as having an annual salary of less than 400 pounds. Thus the majority of the officers of the department fell within the class of persons that the Commissioner of Railways was automatically empowered to appoint, punish or dismiss, pursuant to s.68 of the Government Railways Act 1904 as first enacted. However, there were also those officers entitled to a salary of 400 pounds or more and in relation to them the Commissioner of Railways was not automatically deemed to be delegated those powers. That evinces the intention that the lastmen- tioned officers initially remain separately subject to some entity other than the Commissioner of Railways until such time as the material powers were delegated to the Commissioner of Railways by the Governor.

The archives also disclosed the first annual report of the Public Service Commissioner presented to Parliament. That report made pursuant to s.14 of the Public Service Act 1904, dated 10 July 1906, under the heading "Exemptions From The Act" (p. 9), repeated the Commissioner's recommendation made under s.5, and approved by the Governor on 15 February 1906 which states, in part—

"The list of exemptions which I recommend is not put forward as a complete and final list, several classes of employees, such as Railway Officers drawing over 400 (pound) a year, some Medical Officers....etc, have been left over for further consideration."


Under the heading ' 'Exemption of Railway Officials" (p. 10) the Public Service Commissioner expresses his opinion that—

"The (Public Service Act 1904) embraces all Railway Officials in receipt of a salary of 400 (pound) or over the Public Service Act specially mentions the Railways Act with the express purpose of exempt- ing only certain of the Railway officials, leaving under the Public Service Act all those who draw 400 (pound) a year and over...."

Thus, although since 1900 there had been established the "Public Service" and "Departments" thereof pursuant to the Public Service Acts of 1900 and 1904,1 am satisfied a railway service department formed of appointed officers existed within Government, that is, the "public service" in its generic sense, from 1898 until at least 1905. At s.34(2) of the Government Railways Act 1904 the Commissioner "and his officers" may refuse the carriage of certain goods, and at s.45(5) a person not "authorised or employed by the Commissioner" commits an offence if that person acts in the way described. However, elsewhere throughout the Act (s.22, s.44(4), s.49, s.50, s.70, s.74(4) and s.77) officers or servants, or employees, are referred to as being "of the department". Accordingly, I am left in no doubt that the Government Railways Act 1904 was therefore framed by the legislators to recognise the existence of the Government department. Thus the need to bestow on the Commissioner of Railways, the power to appoint, suspend, dismiss etcetera, officers and servants of the department otherwise that power would have resided elsewhere and would not have been exercisablc by the Commissioner of Railways.

By amending Act No. 78 of 1948, the WAGRC was established as the corporate entity to maintain and manage the railway service under the Government Railways Act 1904, and concomitantly the powers to "appoint, suspend, dismiss...any officer or servant of the Department" became those of the WAGRC. These powers were no longer deemed delegated, or to be expressly delegated by the Governor according to a monetary annual salary level, but were prescribed to be exercisable by the WAGRC, subject to the reservation that—

"....in the exercise of any of those powers, (the WAGRC) shall not be subject to the Minister except in the cases of such offices, and services as shall be prescribed." (s.68)

Relevantly the principal Act was also amended (s.44(4), s.49 and s.50) regarding references to "officers or servants of the department" and inserted after this phrase were the words "or Commission". In my view Parliament therefore acted with a clear purpose to reflect in the legislation the co-existence of the WAGRC and the Department as separate entities, each differently defined (s.2), where officers or servants may have been employed in the railway service.

As already found (supra) the Government Railways Act 1904-1982 continues to refer to the Department and the WAGRC as two separate entities. The essence of s.73(l), so far as is material to the present matter, has not altered since 1904. It is an empowering provision which expressly authorises the WAGRC to dismiss any officer or servant of the Department, that is, any employee of the entity separate to the WAGRC and variously referred to throughout the legislation. Time may have seen the demise of the Department, and its role subsumed by the WAGRC, however such an operational change does not cause terms of the legislation to be given a meaning different to what they expressly convey according to their original purpose. Absent a Department as defined, the WAGRC does not inherit its person.

The respondent has argued that the term "Department" is one loosely used when the Government Railways Act 1904-1982 and is to be read as a reference to the "WAGRC". The judgements of the Courts in Pomykala v. Railway Appeal Board 54 WALR 9 (Pomykala case) and Railway Appeal Board ex parte Haran 1969 WAR 13 (Haran case) it is said issued on that premise, and therefore the

Commission should not be inclined to doubt the Courts have given the matter attention.

The Pomykala case involved a member of a railway track repair gang who had been dismissed from the employment of the WAGRC. Mr Pomykala had appealed his dismissal under s.77 of the Government Railways Act 1904-1951. For reasons not relevant here the Appeal Board held it did not have the jurisdiction to entertain the appeal and that lead the appellant to seek mandamus from the Supreme Court. The Full Court of the Supreme Court granted mandamus. The central issue was whether, on the facts, the dismissal of Mr Pomykala had been by way of punishment for misconduct, that being the required reason to provide the cause to invoke the jurisdiction of the Appeal Board pursuant to s.77 (see Wall v. Commissioner of Railways 1905 WALR 206). Section 77 then read—

"Any person who, being permanently employed on a Government railway, is—

(1) ... (2) ... (3) dismissed by the Commission or any person

acting with its authority; or (4) ... (5) ...

may, in the prescribed manner, appeal to an Appeal Board constituted as hereinbefore provided.

(emphasis added) Save for the addition of ss(4) and (5), and one other

amendment to s.77, none of which are presently relevant, the section was then worded as it had been when first enacted as s.69 in 1904.

''Government railway'' is, by definition (s.2), a term used to describe a structure which by its nature has a particular function and purpose. Such does not describe a being or entity that has the substance necessary to be a party to, or engage in, any employment relationship or to take any action whatever. Accordingly the words "employed on," relating as they do, to "any person" serve to identify whom are relevant persons, not through any connection with an entity "by" which the person is employed, but through the circumstance of where the employment occurs, fiat is, within the railway service. Thus, when in the exercise of its delegated powers the WAGRC dismissed such a person, the identity of the employer was of no consequence in the application of s.77. The co-existance of the WAGRC and the Department was therefore not a material matter for consideration by the Court in the Pomykala case. Nor, in my view, was it material in 1905 when the Court then considered the earlier s.69 in the matter of Wall v. Commissioner of Railways, 1905 WAR 206.

Prior to the Haran case, the preamble to s.77 had been amended to read as it does today ie—

"Any person who, being permanently employed on a Government railway, is, under section seventy-three of this Act,—"

The Full Court of the Supreme Court, in that case, had before it an action for mandamus against the Appeal Board which primarily centered upon the cause of Mr Haran's dismissal versus the form of dismissal. It is apparent from the judgement of the Court that the matter had proceeded before it on the basis that the WAGRC had been the employer. Also, the Court obviously was not asked to consider the WAGRC vis-a-vis the Department and what significance such may be if any, in the operation of s.73 and s.77. That the Court raised no reason of its own to put the identity of the employer in issue, the respondent says ought be taken to mean that the legislation provided no cause for the Court to do so. That is, the WAGRC and the Department were viewed as one by the Court. Absent any express pronouncement by the Court this Commission would be derelict in its duty if it did not consider the matter presently raised and express its opinion thereon.

On its face, the preamble to s.77 is unambiguous and provides to a permanently employed person, against whom specified punitive action has been taken "under" or, as authorised by s.73, the right of access to the Appeal Board.

The action authorised under s.73 as already held (supra), is that which may be taken in relation to "any officer or servant of the Department'' by the WAGRC, or a delegate thereof.

The material wording in the preamble of s.77 was enacted in 1955 (No. 61 of 1955) together with amendments to ss.(3) thereof, and other sections, including s.73. Hereunder emphasised are the amendments made to s.77—

".s.77 Any person who, being permanently employed on a Government Railway, is, *under section seventy-three of this Act,— (1) fined; or (2) reduced to a lower class or grade; or (3) dismissed **by the Commission or any

person acting with its authority; or (4) suspended from employment in such circum-

stances to involve loss of pay; or (5) transferred by way of punishment involving

loss of transfer expenses, may, in the prescribed manner, appeal to an

Appeal Board ...." (denotes, * added wording, and ** deleted

wording) Hansard (17 November 1955 P.1817 and 24 November

1955 P.2087) reveals that the purpose in amending s.77 was to delete the reference to the WAGRC in ss.(3) and to prescribe for delegatory authority in s.73. This action followed so as to dispel a doubt that the delegatory powers of the WAGRC may be limited regarding the spectrum of powers afforded it by s.73.

With one exception the second reading speeches to both Houses of Parliament address the range of amendments enacted, separately identify each, and make comment upon their purpose. The exception is that nothing is said of the amendment to include in the preamble of s.77 the words—"under section seventy-three of this Act". It is possible that no comment was made because the amendment was not intended to have any direct effect and was intended as no more than a reference to the source of delegatory authority introduced into s.73. However absent any express comment to that effect to guide the Commission, that is conjecture and therefore I am not persuded to alter my earlier views.

For the reasons expressed, the Commission finds that an appeal to the Appeal Board constituted under the Govern- ment Railways Act 1904—1982 could not be instituted by Mr Fabris because he had been an employee of the WAGRC. That right is limited to an officer or servant of the Department dismissed by the WAGRC, notwithstanding that such may no longer exist. Absent the aforementioned right of appeal the jurisdiction of the Commission is not ousted by s.23(3)(d) of the Act and therefore, subject to the dispute that Mr Fabris has with the WAGRC constituting an industrial matter, his complaint of unfair dismissal may be heard and determined by the Commission.

In essence the application made by Mr Fabris is for the Commission to grant him declaratory relief. He seeks a declaration that the summary dismissal on 10 July 1985 was ineffective, or alternatively unfair in which case die contract of employment be reinstated from that date, and that subsequently because of an inability to attend his employment such was determined by frustration in or about November 1985.

Notwithstanding his application has been brought to the Commission in excess of six years from the date of its cause, counsel argues for Mr Fabris that there has been a continuing dispute connected to his relationship with the WAGRC which, because such remained live, retained the character of an industrial matter. For the reasons which follow no good purpose is to be served by a consideration of this argument

74 W.A.I.G.

for I am satisfied that Mr Fabris can derive no benefit from his action.

Firstly, the Commission is without power to make a declaration of the kind sought unless it is an adjunct to substantive relief (see Metropolitan (Perth) Passenger Transport Trust v. Gersdorf 61 WAIG 611, and Coles/Mycr Ltd trading as K-Mart Discount Stores v. The Shop, Distributive and Allied Employees' Association of Western Australia 72 WAIG 1751). Secondly, notwithstanding a contract of employment may have been unfairly ended by an employer, the Commission is without power to reinstate the contract to a past date at which it ended (see The Board of Management, Princess Margaret Hospital for Children v. The Hospital Salaried Officers Association of Western Australia (Union of Workers) 55 WAIG 543). The re- establishment of an employment relationship is limited to an order directed to the employer party requiring the re-engagement of an ex-employee who thereafter presents for re-employment.

It is therefore my view that this application should be dismissed.

Appearances: Mr P.J. Marsh appeared on behalf of the applicant.

Mr K.M. Pettit appeared on behalf of the respondent


Industrial Relations Act 1979. Oscar Fabris

and Western Australian Government Railways Commission

No. 881 of 1991.


Order. HAVING heard Mr P.J. Marsh on behalf of the Applicant and Mr K.M. Pettit on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That this application be and is hereby dismissed. (Sgd.) C.B. PARKS,



Industrial Relations Act 1979. Dennis Fredrick Kickett

and Burringurrah Community Aboriginal

Corporation. No. 787 of 1994.


Order. WHEREAS by a Notice of Application filed in the Registry of the Commission on 21 July 1994, the applicant alleges he was unfairly dismissed from his employment; and

Whereas the aforementioned Notice of Application declares the postal address of the applicant to be "P.O. Box 733, Carnarvon W.A. 6701'; and

Whereas by telephone on 29 August 1994 the applicant informed the Commission that he intended moving to Alice Springs but that his present address was "102 James Street, Gosnells, W.A. 6110'; and

Whereas the matter was resolved; and Whereas in Ms Memorandum to the Commission on the

m m

ii»

i

i l tui

im

i

i heard from Counsel for the Applicant, or the Applicant himself, and the Commission, in view of the history of the matter and the delay in proceedings, has decided, pursuant to the powers vested in it under Section 27, that it would discontinue the application in the public interest;

re t" he

Whereas on the 11th of July 1994, Deputy Registrar Pope wrote to the Applicant requesting that he complete a Notice of Discontinuance; and

Whereas at the 30th of November 1994, there has been no reply by the Applicant;

Benmer C. Benzeghadi B. Blythe S.S. Boyd L. Bramv/ell D.L. Bramwell R.A. Brown L.

Totalisator Agency Board Rote River Iron Associates Bunbury Physiotherapy Centre Simmonds Le-Fevre Transmetro Corporation Limited Transmetro Corporation Limited By-Ways Business Services

1777/1991 665/1994 219/1994 981/1994 458/1994 457/1994 513/1994 i 1 "■

Beech C. Beech C.

Pemberton Sports Club Inc Kinway—Anglican Marriage and Family Counselling Services (Inc.) Hamersley Iron Pty Ltd

615/1994 258/1994

Beech C. Kennedy C.

Discontinued Withdrawn

Entwistle G.J. 688/1994 Kennedy C. Discontinued

m Gibson K.J. He Localink Pty Ltd 938/1994 Halliwell S.C. Gilbert P.T. Traditional Smallgoods Pty Ltd 611/1994 Beech C. Gilbery J.K. Paris Match Pty Ltd 666/1994 Kennedy C. Girdlestone J.L. Jordano Pty Ltd 346/1994 Paries C. Gordon P.M. Metro Meats International 619/1994 Parks C. Hamilton C. (Greg Byron) Byron Transport 584/1994 Beech C. Hardy AJ. W.A. Flick & Co Pty Ltd 1711/1993 Halliwell S.C. Hardy K. Baskerville & Pratt Pty Ltd 548/1994 Beech C. Harrison P.D. David and Thmmy Lee—Shell Westfield 493/1994 Beech C. Heam R.J. Amotts Biscuits Limited (Western 602/1994 Gregor C.

Australian Division) Heta MJ. Bums Corporation Pty Ltd— 871/1994 Halliwell S.C.

(Steve Bums) Hinett XL. Neat N'Trim Uniforms (Aust) Pty Ltd 654/1994 Beech C. Horsham K.E. Geraldton Bus Service 587/1994 Gregor C. Hosnie S. Radisson Observation City Hotel 694/1994 Kennedy C. Hunter EJ. Buckeridge Nominees Pty Ltd 761/1994 Beech C.

t/a BGC Windows Johns PJ. Baker Construction Ltd 502/1994 Gregor C. Jones R. Knightwood Pty Ltd 182/1994 Kennedy C. Jupp W. Geraldton Fisherman's Co-op 473/1994 Gregor C. Larkin R.S. Giovanni & Jennifer Bova t/a 821/1994 Halliwell S.C.

Ceramic Tile Disposals Lock A.J. Buckeridge Nominees Pty Ltd t/a 692/1994 Beech C.

BGC Windows

Discontinued Discontinued Discontinued Discontinued Discontinued Discontinued Dismissed Discontinued Discontinued Discontinued

Discontinued

Discontinued Withdrawn Discontinued Discontinued

Withdrawn Discontinued Withdrawn Discontinued

Discontinued

74 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 303 7

of Western

Miscellaneous Workers* Union

Halliwell S.C.

Parks C. Halliwell S.C.

White J.G.

Wranstead I f!

3 AUSTRALIAN MDUSTEIAL

Industrial Relations Act 1979. The Australian Workers* Union,

West Australian Branch, Industrial Union of Workers

and BMP Iron Ore Ltd. No. C 213 of 1994.


WHEREAS on the 15th of July 1994, the Commission issued Orders, inter alia, to cover the remuneration package for control room operators at BHP Iron Ore Ltd's Nelson Point Operations; and

•i n is »i%b ik i nm* ?h * i* »*» 11» wii 11 resmy/t 11 ir<

1 licit

USttail

That Directions in Application No. C 234 of 1994, issued on the 6th of July 1994, be, and are hereby, cancelled.

(Sgd.) J.F. GREGOR, Commissioner.


Industrial Relations Act 1979. Australian Electrical, Electronics, Foundry and Engineering

Union (Western Australian Branch

I

Australian Branch ('the Union') and the employees of the dps

Mr A. Stafford attended on behalf of the Employer, and

• ■II •mm ijimviiiiiif

nun iMlllLnlLiMli LlWi® »I^ fCil

iii*M.w[i)iniiiWrtri7iW.iifiiTi irij iKîa limWH*

AUSTRALIAN INDUSTRIAL GAZETTE

Whereas it is alleged by the Union that Messrs J. Fitzgerald, P. Lawler, P. Nettleton and T. Van De Berg have been unfairly dismissed from their employment; and

Whereas at a conference held on 10 November the industrial dispute was not able to be settled by conciliation and therefore the Commission recommended that the strike action cease and the representatives of the Employer and the Union, nominated by die Commission, meet and endeavour to negotiate a settlement of the industrial dispute; and

Whereas on 11 November the Commission was informed that the recommendations made had not been accepted and acted upon; and

Whereas on 11 November the Commission reconvened the conference and again summonsed to attend that conference the persons previously summonsed and hereinbefore named, except Mr K. Graham; and

Whereas at a conference held on 11 November 1994 the Commission joined as parties to the conference each of the persons hereinafter named and identified as either an employee or ex-employee;

Now therefore the Commission, having regard for the public interest and the interests of the parties directly involved and to prevent any further deterioration of industrial relations in respect of the matters in question and in order that further conciliation, or alternatively arbitration, may be conducted to resolve those matters, hereby orders pursuant to the provisions of the Industrial Relations Act 1979 that—

(1) The Secretary of the Australian Electrical, Elec- tronics, Foundry and Engineering Union (Western Australian Branch shall, as soon as may be possible hereafter, but in any event no later than 7.30am, Monday, 14 November 1994 instruct the persons named in orders (2) and (3) hereof to comply with the terms of such orders and further shall take whatever action is authorised by the rules of the Union to cause compliance with such an instruction.

(2) The employees hereunder named in this order shall cease industrial action no later than 8.00am, Monday 14 November 1994 and thereafter shall work as directed by Western Australian Specialty Alloys Pty Ltd in accordance with their contracts of service.

Clive Newman Shatish Chauham Jason Cleasby George Copley Michael Devattimo James Gold Richard Hollamby Denzil Peters Robert Payne

(3) The person hereunder named in this order shall, whilst they dispute the fairness of their dismissals shall cease picketing the premises of Western Australian Specialty Alloys Pty Ltd no later than 8.00am, Monday 14 November 1994.

John Fitzgerald Paul Lawler Paull Nettleton Terence Van De Berg

(5) Provided order (4) is complied with, after the conclusion of the meeting held pursuant thereto, the persons named in orders (2) and (3) shall be permitted to attend a meeting with the Union for reasonable period, notwithstanding that such may occur during the usual working hours.

(6) An application to cancel th: made by any party hereto.

WESTERN AUSTR/ INDUSTRIAL RELATIONS C

Industrial Relations At

Australian Electrical, Electronics, Foi Union (Western Australif

Western Australian Specialty. No. C 446 of 19S

Western Australian Specialty.

Australian Electrical, Electronics, For Union (Western Australia

No. C 447 of 19S

COMMISSIONER C.B.

Order.

WHEREAS a conference was held ii Monday, 7th November 1994, Thur 1994 and Friday, 11th November 19!

Whereas the persons named hereun to the conference on the 10th and 11

Now therefore the Commission tx named employees and ex-employees parties to the conference, hereby o; provisions of the Industrial Relations

The persons named in the Sche are hereby joined as parties in i 1994 and C 447 of 1994.

Schedule.

John Smith Clive Newman Shatish Chauham Jason Cleasby George Copley Michael Devattimo James Gold

resolve the dispute in relation to the dismissal of

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ifaftm/mfin H t SISKM] vTi IAI Ksi CO CI a cw*ill i it*;^ KDI Commission conducted a conference between the Metals

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(b) the disputes relating to the dismissals of Messrs

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IMH the weight to be borne. Secondly, he failed to adequately

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le Victorian ourt ex pai .at the termi r at all beet xl as being oyers and ei ;t that the c iracterisatio:

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INDUSTRIAL GAZETTE 74 W.A.I.G.

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On this basis I conclude that the matter before the Commission is capable of being defined as an industrial

the provisions of the Act, however the Commission has no power to make an Order of the nature sought by the MEWU and even if I am wrong about this last, there is not sufficient

WfiMm MtsftilArt iVilRsfcl

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i! No. C 296 of 1994. No. C 451 of 1994.

COMMISSIONER CM. PARKS. 30 November 1994

Order. HAVING heard Mr D.H. Schapper of Counsel on behalf of the Applicant and Mr H.J. Dixon of Counsel on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

Order. HAVING heard Mr D. Ferguson on behalf of the Applicant and Mr W. Johnston on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the application be, and is hereby, dismissed. (Sgd.) J.F. GREGOR,


That notwithstanding the provisions of the Storeman (Government) Consolidated Award 1979 the terms and conditions contained in the schedule hereto shall apply to the respondent and employees thereof on and from 14 November 1994.

(Sgd.) C.B. PARKS, Commissioner [L.S.

Schedule.

1.—Area and Scope.

m m title employee by The Department of State Supply in the

classification contained in Clause 6 of the Storeman

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KS 1 i

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performed.

2aeh shift, either in the first or second half and the shift to suit the convenience of the employers business.

No employee shall be required to work for more than four an one half hours without having such a break.

Provided further that such a break shall not take place:

(i) within a period of one hour after commencement of the shift

(ii) within a period of one hour after completion of the meal break

(ill) within a period of one hour of the end of the shift.

CONFERENCES—

Matters referred—


Industrial Union of Workers

Argyle Diamond Mines Pty Ltd. No. CR 66 of 1994.


THE COMMISSIONER: On the 25th of February 1994, the Australian Workers' Union, West Australian Branch, Indus- trial Union of Workers (AWU) applied to the Commission for a conference pursuant to Section 44 of the Industrial Relations Act 1979 (the Act), to seek conciliation of a dispute between it and Argyle Diamond Mines Pty Ltd (ADM) over the proposed termination of an employee of the company, Ms Mary Pauley. A conference was duly held in Perth on the 26th of April 1994, and as a result, the Commission made certain recommendations for resolution of the matter to which the parties agreed. Thereafter, the conference was adjourned.

Mines Pty Limited, had her contract of employment terminated. The union say that the dismissal of Ms Pauley was harsh, unjust and unfair, and seek her reinstatement.

The employer disputes the claim and opposes the issuance of any such orders."

The claim was first called on for hearing, on the 14th of September 1994. It was completed by further hearings on the 10th of October 1994, when the matter was reserved for Decision. The matters at issue arise from the employment of Ms Pauley by ADM, that employment being secured by the acceptance of Ms Pauley of an Offer of Employment on the 9th of August 1989. The Schedule to the Offer of Employment (Exhibit Cl(l)) provides that Ms Pauley was to work as an Operator—Level 5. She was to commence duties on the 10th of August 1989, in the Shift section of ADM's Mine Department. The Offer of Employment was in the terms contained in the Argyle Diamond Mines Production Award 1985, as"varied from time to time and as set out in the Offer of Employment Relevantly Section 21 of the Offer of Employment contains the following provisions:

"21. Contribution to Funds

(a) It is a term and condition of employment with the Company that all employees join the following funds:

(i) The Argyle Diamond Mine Sickness and Accident Scheme.

(ii) The Argyle Employee's Provident Fund.

(iii) The Argyle Commute Employees' Airfare Fund.

(b) Membership of each fund requires contribution from both the Company and each employee and the contribution may be varied from time to time. The contribution of each employee is matched by the Company in the Provident Fund and the Airfare Fund, and the Company heavily underwrites the cost of the Sickness and Accident Scheme.

(emphasis added). I have emphasised the reference to the Argyle Diamond

Mine Sickness and Accident Scheme (the Sickness and Accident Scheme) in the citation above because the effect of the membership of Ms Pauley in that Scheme became a significant issue for debate during the proceedings.

The Argyle Diamond Mine Sickness and Accident Scheme is the subject of an insurance policy between ADM

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74 W.A.I.G. WESTERN AUSTRALIAN INDUi

The cover given in accordance with this definition was ----- - - ----- d

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auiey were not i ent However then (see Exhibit 1[14

:y remained off d and Accident Sc

i showine that she

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\6 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.I.G.

Ml—M

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May I extend my personal wishes to you for a return to good health."

(Exhibit Bl) That is sufficient of the facts of the matter. I now turn to

the brief outline of the submissions on the part of the advocates.

It was said by Mr Booth, who appeared on behalf of the AWU, that at worst Ms Pauley's condition was treatable and

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Mr Bootii s argument can be crystallised into three basic premises. First, the Sickness and Accident Scheme is a form of sick leave and a condition of employment and that, on the case law, employees should not be terminated while

developments in industrial relations law in Australia by

Act 1988, particularly through Section 170D(f) in relation MflTiK

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for which an employee must prove, to the satisfaction of the company, that they have been unable to attend work through illness. Clause 21 of the Offer of Employment provides that, as a condition of employment, contributions will be made to, amongst other funds, the Sickness and Accident Scheme. This requirement identifies the Scheme as a particular purpose fund. It is to provide monetary compensation to persons for whom sick leave is not an appropriate avenue. It is in the same genre as the provident fund in that it

1

■Ik jfiilr limit of 104 weeks if they are ill. For these reasons the

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equivocal. Ms Crowhurst distinguished Reynolds v. Swift and Moore

(supra). She accepted that there is no specific authorisation in the contract for ADM to terminate while on sick leave but.

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74 W.A.I.G.

ng illness. Because the contract of employment had i frustrated by the manager's illness prior to his 1, he then had an absolute entitlement to Ms mation payout. Ms Crowhurst argued that the ratio ase is that before one can answer the question of a contract of employment is frustrated, one must he whole of the terms of the contract, expressed or

One must also examine all the surrounding ances, including provisions made for sickness and nt of employees and the general practice of the r and other employers in fie industry. When one i, it may well be that in many areas of employment nporary society, particularly in one which is dealing indefinitely continuing relationship and not the

ince of the specific tasks, that there is relatively m for the operation of a doctrine of frustration due 5. ■owhurst submits that on the basis of this reasoning onged incapacity does not automatically terminate oyment. It does not automatically cause frustration mtract in every circumstance, but it does excuse the e from working and the employer from the m to pay. It all gives both the employer and the e the right to terminate the contract. Applying that in the instant case, there are no specific facts from le could conclude fiat the future performance of Ms obligations was necessarily impossible, but her

i were of such a duration that ADM was entitled to hat she might not perform them at all. TMs is clear two medical reports in May 1994, and the medical

i, the diagnosis and prognosis of wMch was still i in September 1994. In this case, Ms Pauley's

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process being followed was in accordance with a reasonable interpretation of the facts and was fair and reasonable in all of the circumstances.

Both of the advocates said to the Commission, and I agree with them, that this is a matter where the facts are not in dispute, it is a question of interpretation of those facts. I need not therefore deal with the evidence of each of the witnesses individually. I express the view that in respect of each of them, that I accept they have told the truth to the Commission and through them it is in possession of all of the relevant information.

The authorities make it clear that the Commission is not to interfere with a decision of an employer to dismiss unless the right to dismiss has been exercised in a harsh, unfair or unjust manner (see: Undercliffe Nursing Home v. (1985) 65 WAIG 385). In Shire of Esperance v. Mouritz (1991) 71 WAIG 891, the Industrial Appeal Court in Mouritz Case No. 1 restated with approval the test in Undercliffe Case (supra) and made it clear that the Commission is to consider the process of dismissal, but is to weigh it amongst the matrix of evidence. In Byrne and Frew v. Australian Airlines 120 ALR 274 the Federal Court of Australia has articulated a set of tests that an employer should apply when effecting termination. I apply fiose here.

It is argued by the AWU that there has been unfairness in this dismissal in that Ms Pauley, despite clear entitlements which were available under her contract of service, was given no opportunity to become healthy and return to the site. Here we have an employee who was employed in 1989; had a clear record of employment until 1991; and then had what can only be described as a massive amount of

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nevertheless been treated fairly.

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i m of service. That entitlement accrues on a pro rata basis. It is paid at a rate equivalent to the paid hours an employee

74 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE

for hearing and determination. In due course, on the 11th of August 1994, the Commission made a Memorandum of m m

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i tie

HAVING heard Mr S. Booth on behalf of the Applicant and Ms J. Crowhurst of Counsel, and with her Ms M.S. Foley of Counsel, instructed by Freehill Hollingdale and Page, on behalf of the Resondent, the Commission, pursuant to the powers contained in the Industrial Relations Act 1979, hereby orders:

That the application be, and is hereby, dismissed. (Sgd.) J.F. GREGOR,


over 50 kilometres. 2. Shifts will commence at one minute past midnight

on Monday morning. 3. The classification level of each employee on the

Jangardup site shall be deemed to be Level 3 on commencement.

4. The commencing point for work shall be the main administration car park.

The Company oppose the claim and object to the issue of any Orders."

ISmuCTCKWTtiip in the South West of Western Australia. The mine is located

MMIS m tin is pre-strip done by a small bucket wheel reclaimer. The ■HKU

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supervision on back-shifts, travel allowance and the alleged refusal of Cable Sands to enter into an enterprise bargaining

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and the wet plant These facilities are mobile and are shifted as the advance of mining continues. Cable Sands also has

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liSi is not a new allowance. It is an allowance which was originally 60 cents and it has been lifted to $1.37 over 19 years. The learned Commissioner in the Western Titanium

UlUliUi JJOIIUU. The other points made by Mr Busby in respect of

travelling allowance arc that under the Award no mineral sands worker has to travel the same sort of distances in such bad conditions as do employees at Jangardup. Mr Busby said

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not be done. Mr Busby's submissions on this point were supported by evidence from a number of employees he called, including Mr D.F. Vink, Mr T.P. Seroka and an ex

tee Mr In view of my comments earlier about Claim 3., I do not

need to summarise the position of the AWU. Insofar as Claim 4. is concerned, that is 'the commencing point of work should be the main administration car park', the thrust of the argument is that employees are required to start on

74 W.A.I.G. INDUSTRIAL GAZETTE

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summanse that evidence m detail. My response and reaction

1 i ii ii Hi that Cable Sands had run into elsewhere in its operations. On the contrary, workers had found it inconvenient to

created, that is to partially compensate for travelling, in my view mean that there is no impediment under the State Wage rrfi i t M i • J t35wTiT« (•Kirirail KH ©9 i I ill v#il i Tiro

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■ afM to start work at one minute past midnight on a Monday morning. There was no argument advanced, or evidence

in the morning was unreasonable or that it was unjust On

to start its operations at 0800 hours. Those reasons are to do iia*

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m project by way of inspection on various occasions over a period of months prior to the hearing. When the first

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available at the various reporting places. The evidence is, too, that any employee who requires to be moved from one

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it could be said that there is unjust treatment of the workforce or that the employer was imposing unjust or unreasonable demands. It is not unreasonable for a worker to walk a few minutes from a crib shed to the allocated plant or machine that he is going to operate for the shift On application of the proper principles, I can see nothing which would warrant the Commission to interfere in the prerogative of management to organise the reporting positions in the way that it has. In view of the above, the Commission rejects Claims 2. and 4. Claim 3. is moot and for the purposes of

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m m on which they use their motor vehicle to drive to work. The

m



Die Australian Workers' Union, West Australian Branch, Industrial Union of Workers

and Cable Sands Ltd.

No. CR 271 of 1994.

COMMISSIONER JF. GREGOR. 17 November 1994.

Order. HAVING heard Mr M.C. Busby, and with him Mr RE. Stewart, on behalf of the Applicant and Mr R.H. Gifford, and with him Ms S. Germon, on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

(1) That Claim 1. will be granted in the following terms:

Notwithstanding the provisions of paragraph (b) of subclause (1) of Clause 15.—Special Rates and Provisions of the Mineral Sands Industry Award 1991 (No. A 3 of 1991), the employees of Cable Sands Ltd engaged on the Jangardup site will receive, in substitution for the amount prescribed in the said subclause, an amount of $8.50 per day on each day in which they use their own motor vehicles for transport to and from work.

(2) That Claim 2. is dismissed. (3) That Claim 3. is dismissed. (4) That Claim 4. is dismissed. (5) That Order (1) hereof shall have effect from the

first pay period commencing on or after the date hereof.





Industrial Union of Workers and

Leighton Contractors Pty Ltd. No. CR 237 of 1994.


Order. WHEREAS on the 15th of July 1994, the Commission made a Memorandum of Matters for Hearing and Determination Under Section 44, in respect of a dispute between the Applicant and the Respondent over the alleged unfair dismissal of an employee by the Respondent at its Gwalia Bamicoat Operations; and

Whereas the Commission was advised on the 2nd of September 1994, that the application would be withdrawn and such advice would be confirmed in writing; and

Whereas by the 2nd of December 1994, the withdrawal had not been confirmed in writing, the Commission therefore decided to exercise the powers vested in it under Section 27 of the Industrial Relations Act 1979, to discontinue the matter;




WESTERN AUS i KALIAN INDUSTRIAL RELATIONS COMMISSION.

Industrial Relations Act 1979. The Australian Builders' Labourers'

Federated Union of Workers—Western Australian Branch; Metals and

Engineering Workers' Union—Western Australian Branch; Australian

Electrical, Electronics, Foundry and Engineering Union (Western

Australian Branch) and

Minister for Works. No. CR 43 of 1994.

COMMISSIONER A JR. BEECH. 30 November 1994.

Reasons for Decision. THE COMMISSIONER: This matter is before the Commis- sion following the decision of the Full Bench which remitted for further hearing and determination in accordance with the State Wage Principles paragraph 2. of the Order which issued on the 3rd June 1994 (74 WAIG 1585).

At the time of the original decision employees covered by the Sheet Metal Workers (Government) Award had not attended the site. The Full Bench considered that there was some merit in the proposition that the application in relation to those employees was premature ((1994) 74 WAIG 2318).

When the application was re-listed before the Commis- sion the employees covered by the Sheet Metal Workers (Government) Award had been on site and indeed the work upon which they were engaged had only just been completed. The Commission heard evidence from Mr McDougall, a sheet metal worker first class who has been employed by the Building Management Authority for nine years and who has been employed on the site. The Commission also heard evidence once again from Mr Cox and also from Mr Curtin, the works manager of the sheet metal shop.

In the absence of a provision in this award providing for the determination of a site allowance the claim is essentially one for a new allowance. Thus the provisions of the State Wage Principles apply, and relevantly, that means the Work Value Changes Principle. The test to be applied for awarding a site allowance to these employees is whether the disabilities on site are such as to constitute a significant net addition to the work of the employees covered by that award such as to justify a new allowance. As Mr Hodgson, who appeared for the Metals and Engineering Workers' Union— Western Australian Branch on this occasion, drew to the attention of the Commission changes in work value may arise from conditions under which work is performed. That expression relates to the environment in which the work is done (Work Value Changes Principle, (1992) 72 WAIG 191 at 203).

Mr McDougall gave evidence of the work upon which he had been employed at the Ballajura site. He described the site as a big site with a lot of sand. In this regard it was possibly larger than other sites upon which he had worked. He found the sand as a disability for the purpose of carrying tools, duct work and equipment. His evidence was that the wind blowing the sand also was a disability. On the first occasion he worked on the site in June not all of the

ings upon which he worked had roofs. In the winter the had become wet underfoot due to the rain. The iment had been stored outside and this also caused a ility in the wet weather. Similar problems were ienced later in relation to work on the gymnasium, nigh progressively concrete paths had been laid and the ings enclosed, this had not been the case throughout his on site. The site was fairly spread out and he had

worked in all of the sections of it. His evidence was not broken (town in cross-examination. Neither was it contra- dicted by the evidence of Mr Cox who confirmed the attendance of sheet metal workers on the site commencing in June and July. They had not worked on the site continuously but rather intermittently commencing on the teaching blocks. Mr Curtin confirmed and agreed with the evidence of both Mr McDougall and Mr Cox. The

mission does not understand Mr Curtin to have been on te continuously. He did note that the Ballajura site was vhere water had been laid to the site and the oval had laid first which helped prevent the "sandblasting"

t. I also acknowledge his evidence that in his ricnce none of the special rates and provisions of the i were applicable to the disabilities of which the mission had been informed.

e evidence of Mr McDougall as endorsed by Mr Curtin lishes that the environment in which the work was , that is, the conditions under which the work has been rmed, is such as to constitute a significant net addition s work of the employees covered by the award such as itify a new allowance (and see Alcoa of Australia and

Another v. AMWSU and Another (1988) 68 WAIG 1690). ;mployees employed under this award did experience Usabilities of which evidence was given. A site 'ance will therefore be awarded.

assessing the value of the allowance no scientific illation is available. Having regard to the evidence and rial before the Commission as a whole I conclude that ipropriate allowance is 90c per hour and Minutes of a 3scd Order will issue accordingly.



Metals and Engineering Workers' Union —Western Australian Branch

Minister for Works. No. CR 43 of 1994.

Sheet Metal Workers (Government) Award 1973 No. 31 of 1973.

COMMISSIONER A.R. BEECH.

Industrial Relations Act 1979. The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian

Branch and

Hamersley Iron Pty Limited. No. CR 286 of 1994.


Reasons for Decision. The dispute here for arbitration was the subject of a conciliation conference pursuant to section 44 of the Industrial Relations Act 1979. It was unavailing and the dispute was referred for hearing and determination in the following terms.

The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia— Western Australian Branch ('CMETU') is in dispute with Hamersley Iron Pty Limited ('the Company') over the matter of what should apply to rail employees (who are engine drivers) with conditions of employment governed by the Iron Ore Production and Processing (Hamersley Iron Pty Limited) Award 1987 who finish work now at a specific time (without a change over) and, by custom and practice, are provided with transport by the Company to leave the site.

The CMETU says that by its actions with regard to the supply and control of that transport, the Company has been responsible for the rail employees having to wait at the work site for up to 15 minutes after their respective "knock off" times.

The CMETU claims that in this practice the Company is not only acting contrary to the provisions of the Award it is unfair in that its actions amount to a discrimination practice being applied to those of its employees in rail covered by the Award.

The Company denies that any of its actions in respect of the rail employees concerned is or has been either contrary to the Award or unfair.

No relief for the claim of unfairness is particularised in the referred matter but it is the case that when the matter proceeded the CMETU sought an order from the Commis- sion to the effect that any engine driver employed on local work who is kept waiting for transport at the end of his/her shift should be paid. It is quite clear from the proceedings that the Company was well aware of the claim for relief and no issue as to process was taken. The Company opposes the issue of any order as sought by the CMETU and seeks the dismissal of the claim.

The claim is brought by the CMETU on behalf of those engine drivers employed by the Company on local work in its Dampicr operations whose terms and conditions of

HAVING heard Mr N. Hodgson on behalf of the applicant and Mr J. Lange on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders—

That notwithstanding the provision of the Sheet Metal Workers (Government) Award 1973, employees employed pursuant to that award by the respondent to carry out construction work on the Ballajura Commu- nity Campus shall be paid 90c per hour worked in lieu of all special rates and provisions with effect from the 10th day of February 1994 until the completion of that project.

work a standard 8 hour shift. The claim does not involve mainline work for which there is a guaranteed overtime component The start and finish point for work by engine drivers on local work is what is known within the Company's operations as 'the 7 mile'. It is located approximately mid way between the towns of Karratha and Dampier; either of these being where the engine drivers reside. Transport, usually by a minibus, is provided by the Company for use by engine drivers to get to and from work. The organisation of the transport seems to be the responsibility of a forcperson engine driver who has some rostering duties. The person occupying this position, who seems to vary from time to time, is colloquially known as '604' for the duration; that being a reference to the point of radio

■ansport for engine drivers is ded more generally by the

Company to wages or other employees. This mode is the


Karratha and Dampier ring roads whereas the engine drivers' drop off point from work and pick up point to go to work is at their respective homes. The point on site for engine drivers to wait for transport is their crib room.

The factual background to this matter is not in dispute. In December 1993 the Company offered wages employ-

ees covered by the Award various terms and conditions for the purposes of individual workplace agreements which were to be registered pursuant to legislation then recently passed in this State. The effect of registration of such agreements was a preclusion of coverage of those individuals by the Award. The individuals so precluded are designated now as 'staff within the Company's operations. At the time of hearing it was said that because of this development only five employees would be affected by the CMETO claim here.

In December 1993 also, the Company formally advised the CMETU that it intended to cease the practice of a 30 minute handover (changeover) on shift changes by engine drivers on local work. The practice of a 30 minute changeover had been the case for some time to then. The Company advised that it intended to end it on 1 January 1994. The CMETU objected to the change. Discussions ensued on this and other matters. These resulted in some agreement and the running shift changeover time was reduced to 15 minutes. A roster for staggered starts for local work by engine drivers was implemented on 25 January 1994.

In July 1994 the Company moved to implement a new roster and gave notice to the CMETU of an intention to end the 15 minute running shift handover on the basis that with staggered three hour start times it was no longer justified. The roster has been implemented and the practice of recognition of a running shift handover period applying to engine drivers covered by the Award has ceased.

Effectively the CMETU's position is that the experience of those engine drivers covered by the Award since the end of the running shift changeover has been that they are being held up at work unreasonably by the Company with respect to transport from the work site after the employees' respective knock off times and that the Company should be obliged to pay them for such waiting time. Otherwise, says the CMETU, the Company has been and will continue to unfairly apply the provisions of Clause 28(3)(b) of the Award to engine drivers covered by the Award. The CMETU says that by its actions the Company actually is applying an 'us' and 'them' approach to engine drivers depending on whether they are 'staff or covered by the Award.

The CMETU called three witnesses in support of its claim.

Mr Daniel Daniel gave evidence that he has been employed by the Company for 21 years, with 20 of those being as an engine driver. He says that until recently he had felt that he was a valued employee; but that this was no longer the case since he chose to remain covered by the Award in lieu of accepting a workplace agreement. He said he objected to the end of the running shift changeover when in practice this meant he was being held back at work after his knock off time at the convenience to the Company and because of others ('staff') in the same classification who were now getting some $75,000 per year compared with $64,000 for those who did not have a registered work place agreement arrangement with the Company.

Mr Francis Sinclair has been employed by the Company for 23 years as an engine driver. He gave evidence that he was not opposed to the end of the running shift changeover but saw as a corollary that at the end of his 8 hour shift he would be able to leave the workplace, without delay, in the Company provided vehicle. If through no fault of his own he was not able to leave, then he considered there should be a penalty payment imposed on the Company. According to Mr Sinclair the Company record in reasonably getting him away on time had only been a recent experience paralleling the action by the CMETU in taking up the issue. Prior to that, he said, it was common that he be held up.

Mr Nicholas Bemardi, who is an engine driver class 1, has been employed by the Company for approximately 10 years. He has been shop steward for the CMETU for about 12 months. It is his evidence that there is no opposition to the end of the running shift changeover provided the engine drivers covered by the Award can leave promptly by way of the Company transport at the end of their shifts. He acknowledged that in recent time the record in getting away had been satisfactory. However, like the other witnesses called by the CMETU, he expressed concern about the Company's intentions and commitment to this in the longer term. Effectively, it was his view that the recent satisfactory record from the employees' point of view was a result only of the fact that the CMETU had pursued this case and unless there was some penalty involved the employees involved would be subjected to delays again.

In its submissions the Company referred to the provisions of the Award and in particular noted the statement in subclause (1) of Clause 28 and the obligation in subclause (2) which are as follows.

(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 accept a responsibility to provide bus transportation to and from work. While 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 employer in respect of those employees who elect to travel to and from work in other than company provided transport.

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

The Company stated that it did not intend to change its commitment to providing transport to and from work for engine drivers and emphasized that the current transport arrangements for engine drivers were, in its view, superior to those in place for other employees.

It brought evidence that the scheduled departure times for bus transport on designated routes was actually 5 minutes after the hour a shift ended.

The Company argued that the claim here was really not about discrimination at all but about getting overtime payments. According to it, the claim was analogous to a claim for time spent travelling to and from work, and like that claim in a previous case, should be found to be without merit. It drew attention to the admissions that with staggered shift times there was no need for running shift changes. It was submitted the claim really was for another benefit to 'make up' for a condition that no longer applied because there was no longer any justification for it.

Having regard for the arguments and the evidence before me I have concluded as follows.

The claim for a penalty to apply is based on the allegation that otherwise the Company will ensure that engine drivers covered by the Award are delayed unfairly on site at the end of a shift. The unfairness is said to amount to a discriminating practice. The alleged discrimination is said to be (or potentially be) between engine drivers covered by the Award and engine drivers who are not. It is not about engine drivers and other Award covered employees.

Engine drivers who are not covered by the Award have an arrangement with the Company which likely includes higher remuneration and different obligations re hours of work than those covered by the Award. There may be potential in this circumstance for the overriding of the interests of the engine drivers covered by the Awari getting away from work right on time at the end of shift in


comparison with the convenience of other engine drivers and the Company. But there is little evidence that this is fact The new roster had been in place only a few weeks at the time of hearing and the evidence of the engine drivers was to the effect that their experience in recent times had been satisfactory so far as the provision of transport was concerned. I acknowledge their suspicious about whether this record will be maintained following completion of this case, but suspicion is not a basis on which a benefit to the employees could be erected here.

The situation is that as it stands the provision of transport is a matter of management by the Company. How it is managed is for it to decide. The evidence is that the result, whatever the means of that which have been applied, have been largely satisfactory on the engine drivers' own evidence. That record of management has been achieved notwithstanding the fact of categorisation of employees as Award covered or otherwise. There is no good reason of which the Commission is aware why this record would not or could not be maintained.

Of course if that record is not maintained and, through no fault of their own, employees are held back at the work site after hours then it may be that a case could be made out for remedy. But it has not been made out here.

The application will be dismissed.


Industrial Relations Act 1979. The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian

Branch and



Order. HAVING heard Mr D. McLane on behalf of the application and Mr A. Cameron on behalf of the respondent, now therefore, I the undersigned pursuant to the powers conferred by the Industrial Relations Act 1979, do hereby order—

That this application be dismissed. (Sgd.) S.A. KENNEDY,



Industrial Relations Act 1979. Australian Electrical, Electronics, Foundry and Engineering

Union (Western Australian Branch) and


COMMISSIONER S.A. KENNEDY 8 November 1994.

Reasons for Decision. THE COMMISSIONER: This dispute was the subject of a conciliation conference pursuant to section 44 of the Industrial Relations Act 1979. The parties were unable to reach any settlement and the dispute was referred in the following terms for hearing and arbitration.

The Australian Electrical, Electronics, Foundry and Engineering Union (Western Australian Branch) ("AEEFEU") claims that Hamersley Iron Pty Limited has treated two employees, Mr I. Rodgers and Mr D. Brown, unfairly in that they have been and are denied the opportunity now to be involved in breakdown work as part of their normal duties despite having been involved directly and competently in such work as a matter of course.

The AEEFEU says that as a result these employees—

(a) have had relevant experience unreasonably overlooked or disregarded by the Company;

(b) are being unreasonably denied the opportunity to maintain relevant skills;

(c) are being unreasonably denied the opportunity to gain new skills through experience on breakdown work;

(d) have been discriminated against because they are employees whose conditions of employment are bound by the Iron Ore Production and Processing (Hamersley Iron Pty Limited) Award 1987;

(e) have been relegated to a category of less valuable employee because of claimed "inflexibility" with respect to leave conditions notwithstanding that the applicant is prepared to properly and reasonably discuss and address any "inflexibility" raised by the Company;

The AEEFEU seeks a declaration that the Company is applying a policy which discriminates against Mr J. Rodgers and Mr D. Brown unreasonably and unfairly in the allocation of breakdown work and an order that both be included in the breakdown support group.

Hamersley Iron Pty Limited rejects the claims and opposes the issue of any such declaration and the orders sought.

Hamersley Iron Pty Limited ('the Company') is in the business of mining iron ore in the Pilbara region of Western Australia. Its main mining operations are at Tom Price and Paraburdoo with mining also being carried out at Marandoo and Channar. The dispute here involves the operations at Tom Price. Brown and Rodgers are electricians. Brown was recruited locally. He completed his apprenticeship with the Company and has been employed by it for about rh years. Rodgers has been employed for about 8V2 years with the first two of these being in the then town services department of the Company. Both Brown and Rodgers work in what is known as the 'truck shop'. This is part of the mining equipment maintenance ('MEM'). Historically, mining equipment maintenance in the Company has been carried out in two streams. One is maintenance of haul trucks and loaders. The other is maintenance of shovels and drills.

Both Brown and Rodgers are covered by the terms and conditions of the Iron Ore Production and Processing (Hamersley Iron Pty Limited) Award 1987. In the Com- pany's work environment, such persons are commonly described as 'award employees' as a means of distinction from other persons who have entered into registered workplace agreements with the Company. These latter are commonly categorized as 'staff employees. This distinction, erected as it is upon the terms and conditions which actually apply to individual employees, can apply within the classifications of work.

Registered workplace agreements in the Company's operations were entered into on or about December 1993. It is notorious that at that time the Company offered all its then employees covered by the award other terms and conditions for the purpose of registering workplace agreements. It is the case that in considering these offers the employees were told by the Company that there would be no adverse effect on the terms and conditions then applying to them should they choose not to take up the Company's


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mm • ■ilKH 5-6 weeks pnor to the dispute going to hearing. The us occupant, Mr Ken Burson left the Company shortly hand it seems. Both Lamb and Mather, who gave ice on behalf of the Company, had previously worked nagement/supervision positions in mine equipment aiance at the Company's Paraburdoo operations. ;r Lamb took up the post of manager the section was ;tured. According to Lamb the main impetus was the atio of breakdown work being carried out compared re planned maintenance. The ratio, (said to be 70:30) i tended to be reversed at least. The emphasis was to pre planned maintenance and safety.

>r to the restructuring, the maintenance work was Y carried out in the 'truck shop' and the shovels and area. There was a 4 shift panel operating with

inel being selected on a rotational basis across the and loaders area and shovels and drills area for work

sakdowns. Rodgers and Brown, who were then based truck shop on B shift, were included in this rotation espectively 5'A years and 21/2 years. i restructuring implemented by Lamb has included a ion of the superintendant roles, a movement of some nent from the truck shop, an increase in maintenance ;rs, a reduction in the number of employees involved, iber of transfers between shifts in the truck shop ding Brown to A shift), transfers from the Tom Price ions to Marandoo and, most significantly for the ses of the dispute here, the creation of a regular iry support crew to deal with breakdowns.

: support crew is based in the drills and shovels area 5 purpose of starting and finishing but it really works e hill' in dealing with breakdowns in situ. According nb, the crew is production driven and largely works ervised with a brief to get any broken down equipment nto the production process as quickly as possible. He lat as a rale of thumb, if a breakdown can not be fixed i two hours in situ the equipment, subject to its ity, is moved and worked on as appropriate in the truck >r elsewhere. That is, major breakdown work is carried

the truck shop but only after this preliminary ative course is followed. : ancillary support crew is made up of people with skills and maintenance experience in either of the onal areas of trucks and loaders or drills and shovels, isists of four electricians and four fitters who have

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support crew, n says mat i solely and unreasonably tc is regulated by an award , The result is discriminaK consequent loss of skills ai ees to develop skills. It di current members of the sup but seeks a restoration of i

The Company says the A to the Company in the exi its right to organise its bu It says that the effect of tl to force persons out of the there is a distinction in t personnel depending on w of the individual are regul: agreement, particularly wi conditions. But it denies t the employer, should that c because the choice had bee terms and conditions back Company says there is i employees on the basis of t the result would be no difl out now.

Further, so far as Rodger he now has 'blotted his co] work as directed and by hr So far as Brown is concen error for the AEEFEU to < on breakdown work than : included in the breakdowr the other employee prioi relevant and superior.

The Company denies th change to the situations oi shift in the truck shop. It rotates on breakdown wor works on major breakdo' carried out relief work on says that other than the ir only change to Brown's s others, has been transferre Company suggested that employees is die loss of substance to the claim of

ine ngni 01 me company 10 organise iu> operauons is ablished. So is its right to transfer employees. The mmission will only intervene in the exercise of a right if s demonstrated that it has been exercised unfairly so as warrant remedy. So far as any remedy is concerned the mmission is not bound by the terms for redress sought an applicant. The Company's action in reorganising the maintenance irk to achieve its ends of more effective outcomes in jital equipment use is unremarkable. So is its decision to 1 the rotation of personnel through the breakdown crew. :arly change to achieve greater effectiveness and deploy-

ment of resources is an ongoing exercise in any enterprise. It is common place.

The fundamental issue here is not those decisions but the ection of members of the breakdown support crew. 3wn, Rodgers and Lamb all gave evidence of this. Lamb it, evidence that the actual selection was left to Burs on the basis that all things being equal, non award covered >ple were to be preferred. Brown and Rodgers each gave dence that they were told by management that the fact their being covered by the award was reason for them not ng selected because they were less 'flexible'. Rodgers and Brown disputed that they were less flexible ;ause of the award conditions and pointed to the record work on breakdowns over some time as evidence that at had occurred then had satisfied the Company's needs.

In any event, according to Rodgers and Brown, they were prepared to consider any concerns the Company might have as to their flexibility with a view to accommodating them

they could be given an opportunity to work in the akdowns crew. As for the ABEFEU, it too stated a llingness to discuss any perceived inflexibility with the mpany with a view to remedy. [ am satisfied that both Brown and Rodgers regard their lure to be included in the breakdown support crew as a nificant set back in terms of job satisfaction, experience i opportunity. This is particularly the case with Rodgers 0 had been involved in that work for more than 5 years or to the restructuring. [ note that the Company emphasized that it was a 'no jrtime' employer and it attempted to relate this to the ploymcnt conditions of Brown and Rodgers under the aid. The employees recognised the Company's position 1 I am satisfied that the issue of overtime is not a nificant factor in the employees' grievance and nor was in the decision as to who would go in the breakdown iport crew. Fhe evidence is that in fact there is little work beyond the

usual shift hours. Further there is evidence that non award regulated maintenance employees, who it is said are not entitled to overtime payments and who are obliged to work the hours required by the Company, have in fact refused to work beyond their usual hours and gone home. I note that

checks by other employees was not consistent Rodgers' actions need to be evaluated in this context. In all 1 am not convinced on the evidence that Rodger's action on that occasion was given the same weight that the Company would now have the Commission give it.

Mather's evidence as to the alleged refusal to comply with a direction amounts to a presumption by him that the words used by Rodgers simply amounted to the same thing. Then there is the evidence that the matter was left with Rodgers' supervisor to sort out There has been no other outcome apparently. It is reasonable to presume then that the situation was satisfactorily resolved. In this respect it is noted that Rodgers has been designated for relief work on the largely unsupervised breakdown crew subsequently. To revisit and elevate the incident now to something as serious as put by the Company in its submissions would not be reasonable.

The evidence that Rodgers was the most experienced in breakdown work on B shift remains uncontroverted. I accept this was the case. It seems that Brown's presumption that he had more experience than another employee who was selected is based on service with the Company. Thus unlike Rodgers, I doubt his claim for selection on that criterion could be sustained.

But the fact of Rodgers' failure to be selected notwithstanding his experience suggests that experience was not the criterion for selection anyway.

Having regard for what is before me I have concluded that the selection of employees for the breakdown crew was determined by management with respect to Rodgers and Brown on the basis of the fact that they were covered by the award. It was not to do with skills or experience or attitude or aptitude. It appears it was not to do with the relative cost of their labour against that of employees in the same classifications or with the same skills as those covered by work place agreements. It may be it was due to some perceived 'inflexibility' in the award conditions as to hours and leave though it seems that members of the breakdown crew covered by workplace agreements do take leave and as noted the incidence of overtime appears insignificant. It may be that the prospect for management inconvenience in the event of award covered employees taking prescribed days off was seen as sufficient to preclude them from selection on the breakdown crew.

However it is and has been for some time an entirely legitimate expectation of employees governed by awards in this country to have reasonable access to relevant skills development and to the maintenance of relevant skills in the workplace. In this case it is quite clear that as a result of them choosing to remain covered by the award, the Company has narrowed the access of these two employees to varied and fulfilling work on the basis of that choice.

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: to treat the contracts as discharged by imployees' repudiatory breach; or in the native; inate the contracts of employment in rdance with the notice provisions con- sd therein. lent maintains that, insofar as it may be question of unfairness ought be deter- le employment was on a probationary on 9 September, 1994 the date on which on's Order preventing the employees terminated took effect. ative, if the Commission finds that such ctions would be unfair, the respondent r enabling it to continue to employ the s on the terms and conditions on which >loyed. jbjeets to and opposes the respondent's

(Schedule on File). le matter was concluded, except for final ts from the respondent on the 12th on 7th November, 1994, those written eceived by the Commission. lissions advised that two of the employ- ipplication, Ms J. Gomes and Ms B.N. d from their employment with the us nothing further was submitted in The applicant confirmed that the two ieed resigned and therefore no further required of their particular cases by the

operate and trades as St Judes Hostel ge, both facilities being on the same site Idford. St Judes does not receive funding Disabled Persons Homes Act (Common- dford Village which opened on the 20th eeive such funding. abject of this application were employed llage establishment as Care Aides. il, 1994, in preparation for the opening ;e, Pu-Fam Pty Ltd advertised positions ian newspaper (See Exhibit A) "for care complex catering for residents with ir persons subject of this application and were selected and employed by the f September the respondent gave notice aminate the contracts of employment of on the grounds set out in the schedule pursuant to Section 44(6)(ba) of the Act

erence proceedings, the Commission inations taking effect until the matters ;re heard and determined. The respon- f be shortly summarised as follows: mployees were told at the job interview ; work under a Workplace Agreement you have a problem with that?". Each responded in the negative,

ployee later signed several Workplace its (this due to an error by the then loner for Workplace Agreements) and a intment form (Exhibit C) which contains

or meir contracts or employment. (4) The four employees then appointed Ms A.

Reimers, an Organiser of the applicant as a Bargaining Agent pursuant to the Workplace Agreements Act, who advised the employer in writing inter alia. "In our view these people should now he paid in accordance with the Aged and Disabled Persons Hostels Award 1987".

(5) The employer then advised each employee in writing (Exhibit K) that unless advised to the contrary by 6th September, 1994, the Company will act on the basis

" that you now be paid in accordance with the Aged and Disabled Persons Hostels Award 1987 and that you are not prepared to work in accordance with the terms and conditions under which you were employed".

This letter led the applicant to file an application for conference with this Commission pursuant to Section 44 of the Act

The applicant contends that: (1) The Aged and Disabled Persons Hostel Award

1987 applies to the respondent's operation at Guildford Village and that, however classified (Care Aides), the four employees were nonetheless entitled to the benefit of the provisions of that Award.

(2) The provisions of the Workplace Agreements signed by the employees had no force or effect baause they were not registered pursuant to the provisions of that Act by the CWA and further, in any event, it is an offence pursuant to Section 70 of the Workplace Agreement Act to dismiss an employee/s from employment because of a refusal to sign a Workplace Agreement.

(3) Section 114(1) of the Industrial Relations Act 1979 renders void conditions of employment purportedly regulated by an unregistered Workplace Agreement

(4) The employees concerned "had no idea" that the documents they signed were intended to be a Workplace Agreement registered under the Workplace Agreements Act and therefore there was no repudiation of the actual contracts of employment by the four employees.

(5) The final non registration of the Workplace Agreement by the CWA in respect to the four employees gave rise to a legal entitlement for them to receive award provisions and to claim such a right is not a repudiation of their contracts of employment.

The issue for the Commission in this case is simply whether in all of the circumstances, the respondent's proposed termination of employment, as it now is, of Ms M. Parker and Ms K. Gurdziel, would be industrially fair. (Undercliffc 65 WAIG 385, Shire of Esperance v. Mouritz (1991) 71 WAIG 891 BHP Iron Ore Limited v. Transport Workers Union (1992) 73 WAIG 529).

From a careful examination of the evidence given by Mrs E. Pusey, Ms M. Parker, Ms K. Gurdziel and where now relevant Ms J. Gomes and Ms B. Hall the Commission

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ERENCE

Australian Workers' Union Argyle Diamond Mines Pty Ltd

C156/1994 -Gregor C.

13/05/95 Increses in rates of pay

Concluded

Australian Workers' Union Aztec Mining Co Ltd C67/1994 N/A Call-outs rates Concluded -Gregor C.

Australian Workers' Union Aztec Mining Company Limited


09/06/93 On-site agreement Concluded

Australian Workers' Union BMP Iron Ore Ltd C406/1994 -Gregor C.

08/11/94 Payment of allowance

Concluded

Australian Workers' Union BMP Minerals Pty Ltd C244/1994 22/06/94 Redundancy Concluded -Gregor C. 04/07/94 Provisions

Australian Workers' Union BHP Minerals Pty Ltd C388/1994 19/10/94 Redundancy Concluded -Gregor C.

Australian Workers' Union Dampier Salt Limited C289/1994 16/06/94 Change of shift Concluded -Gregor C. without penalty

Australian Workers' Union Dampier Salt Ltd €27/1994 17/06/94 Withholding Concluded -Beech C. elements of

training Australian Workers' Union G. Bell & Son C56/1994 11/04/94 Log of claims Concluded

-Gregor C. Australian Workers' Union G. Bell and Son C254/1994 27/07/94 Redundancy Concluded

-Gregor C. Australian Workers' Union Goodchild Enterprises C308/1994 11/08/94 Dismissal of Concluded

-Kennedy C. employee Australian Workers' Union Hamersley Iron Pty Ltd and

Others C219/1994 -Cawley C.

25/11/94 N/A Concluded

Australian Workers' Union Hedland Employment Project One)


20/07/94 Dismissal Concluded

Australian Workers* Union Mt Edon Gold Mine (Australia) NL

C92/1994 -Gregor C.

06/04/94 Reinstatement Concluded

Australian Workers' Union Robe River Iron Associates C71/1994 -Parks C.

24/05/94 24/08/94

Service and Entitlements

Referred

Australian Workers' Union The Readymix Group C462/1994 N/A Tfermination Concluded -Halliwell S.C.

Australian Workers' Union Western Mining Corporation C302/1994 N/A Redundancies Concluded -Gregor C.

Australian Workers' Union Western Mining Corporation C311/1994 N/A Enterprise Concluded -Gregor C. Bargaining &

Improvement in piece rates and conditions

Australian Workers' Union Western Mining Corporation C238/1994 21/06/94 Piece Rates Concluded -Gregor C. 07/07/94

07/09/94 Australian Workers' Union Western Mining Coiporation C303/1994 06/10/94 Enterprise Concluded

-Gregor C. 13/10/94 Agreement Australian Workers' Union Western Mining Corporation C266/1994 N/A Monies Owing Concluded

-Gregor C. Australian Workers' Union Western Mining Corporation

Ltd C282/1994 -Gregor C.

N/A Refusal to enter into discussions

Withdrawn

Australian Workers' Union Dampier Salt Limited C211/1994 17/06/94 Wage Rates—Lake Conducted and Others -Gregor C. McLeod Brick, Tile and Pottery Australian Fine China C110/1994 07/04/94 Proposed EBA Concluded Industrial Union -Beech C. Brick, Tile and Pottery Bristile Clay Tiles C270/1994 26/07/94 Pay rates Conducted Industrial Union -Beech C. Builders Labourers' Instant Scaffolds C306/1994 N/A Time and Wages Concluded Federation -Beech C. Records Builders' Labourers' Anthony Musulin t/a Tbwn & C356/1994 19/09/94 Time and wages Concluded Federation Country Demolition -Beech C. records Builders' Labourers' Barclay Mowlem C292/1994 N/A Award coverage Concluded Federation Construction Ltd -Beech C. Builders' Labourers' Civmec Constructions & C348/1994 19/09/94 Unfair dismissal Conducted Federation Engineering P/L -Beech C. Builders' Labourers' Courtyard Brick Co & C312/1994 15/08/94 Time and wages Concluded Federation Landscape Supplies -Beech C. records Builders' Labourers' Devaugh's C77/1994 31/03/94 Redundancy Concluded Federation -Beech C. Payments Builders' Labourers' Herin Kcneally's C113/1994 N/A Redundancy fund Concluded Federation Australian Gardens -Beech C. Builders' labourers' JH Mac Engineering P/L C139/1994 N/A Payments into fimds Concluded Federation -Beech C. Builders' Labourers' JM Best & Son Holdings P/L C112/1994 29/03/94 On-site amenities Concluded Federation -Beech C.

N/A Unpaid wages Concluded C363/1994 -Haffiwell S.C. C293/1994 -Beech C. C400/1994 -Beech C. C325/1994 -Beech C. C196/1994 -B^ch C. C263/1994 -Beech C. C182/1994 -Beech C. C313/1994 -Beech C. C253/1994 -Beech C. €411/1994 -Beech C. C317/1994 -Beech C. C52/1994 -Beech C. C472/1994 -Halliwell S.C C63/1994 -Beech C.

Builders labourers Federation

Kato Concrete Co Ltd

Dismissal Concluded 21/07/94 Minister for Education, Employment and Training Paul Regan

Builders Labourers Federation

Concluded 17/10/94 Payment of wages Builders Labourers Federation

16/08/94 Inclement weather Concluded Puma Bay Bricklaying Builders' Labourers Federation

Concluded 19/05/94 Safety Issues Samcon WA P/L Builders Labourers Federation

Concluded 15/07/94 On-site amenities, Marangaroo Industrial coverage

Builders' Labourers Federation

Southdown Construction Co. Pty Ltd United Construction Pty Ltd & Another United Insulation Company

Concluded 13/05/94 Builders' Labourers Federation Builders' Labourers Federation Builders' Labourers Federation

Concluded 05/08/94 Unfair dismissal

Log of claims, theft of tools

Concluded 29/06/94 Van Der Meer & Associates

Concluded Provision of amenities Site allowance

N/A Builders' Labourers' Federation Builders' Labourers' Federation and Another Builders' labourers' Federation and Otters Commission's Own Motion

Westcourt Ltd t/a Plunkstt Homes JM Best & Son Holdings P/L Concluded 16/08/94

Concluded 02/03/94 Site allowance GKW International P/L

Concluded 28/11/94 Dismissals G. Walker and Others

Concluded 21/03/94 19.04.94

Dismissal Royal Agricultural Society Construction Mining, Energy, Timberyards, Sawmills and Woodworkers Union

Western Mining Corporation C265/1994 Limited -Gregor C.

N/A Dismissal of Engine Drivers

Construction, Mining, Energy, Timberyards Sawmills and Woodworkers Union

Concluded C453/1993 -Gregor C.

N/A Transfers BHP Iron Ore Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union


20/06/94 Defacto 14/07/94 demarcation issue 13/09/94

BHP Iron Ore Ltd Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union

13/09/94 Implementation of 7 hours a day roster for weekends


Construction, Mimng, Energy, Timberyards, Sawmills and Woodworkers Union

BHP Iron Ore Ltd

26/10/94 Single baigaining units

Concluded Board of Management, Fremantle Hospital


Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union

04/08/94 Dismissals and Bans Concluded Fletcher Construction Australia Ltd and Another

C315/1994 -Beech C.

Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union

21/07/94 Changes to Enginemen's Roster

Referred Hamersley Iron Pty Ltd C286/1994 -Kennedy C.

Construction, Mimng, Energy, Timberyards, Sawmills and Woodworkers Union

19/04/94 Enterprise Bargaining negotiations

Concluded C134/1994 -Kennedy C

Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union Corser & Corser

Swan Brewery

C188/1994 -Gregor C. C371/1994 -Halliwell S.C

27/05/94 Payment of Long Service Leave

20/09/94 Industrial action

Concluded Roslyn June Collins

Board of Management, Sir Charles Gairdner Hospital

Concluded Electncal, Electronics, Foundry and Engineering Union

12/07/94 Written Warning Concluded Electncal, Electronics, Foundry and Engineering Union

Bradken Perth C222/1994 -Beech C.

C326/1994 -Kennedy C.

N/A Reclassincahon and other industrial relations issues

11/04/94 Reinstatement

Concluded Electncal, Electronics, Foundry and Engineering Union

Brownes Dairy Pty Ltd

Chester Investments P/L t/a Osbnome Park Brass Company

C123/1994 -Beech C.

Referred Electncal, Electronics, Foundry and Engineering Union


Number— Commissioner

Electrical, Electronics, Foundry and Engineering Union Electrical, Electronics, Foundry and Engineering Union Electrical, Electronics, Foundry and Engineering

Electrical, Foundry i Union

I, Electronics, and Engineering

Electrical, Foundry : Union

1, Electronics, and Engineering

Electrical Foundry : Union


Electrical. Foundry t Union


Electrical. Foundry i Union


Electrical, Foundry t Union Electrical, Foundry l Union Electrical, Foundry i Union Electrical, Foundry s Union an< Electrical, Foundry i Union am Electrical, Foundry c Union am Electrical, Foundry i Union am




1, Electronics, and Engineering id Another 1, Electronics, and Engineering id Another I, Electronics, and Engineering id Another 1, Electronics, and Engineering id Another

Electrical, Electronics, Foundry and Engineering Union Electrical, Electronics, Foundry and Engineering Union and Another Forest Products, Furnishing and Allied Industries Industrial Union Forest Products, Furnishing and Allied Industries Industrial Union Forest Products, Furnishing and Allied Industries Industrial Union Forest Products, Furnishing and Allied Industries Industrial Union Forest Products, Furnishing and Allied Industries Industrial Union Forest Products, Furnishing and Allied Industries Industrial Union Grain Handling Salaried Officers Association

Hospital Salaried Officers Union

Independent Schools Salaried Officers' Association

Circuit Tfechnology Australia P/L

Co-Operative Bulk Handling Limited

Hamersley Iron Pty Ltd

Mick Servants Electrics

O'Donnell Griffin

Stegbar Pty Ltd

"Ibrbine Components

Hirbine Components Australia Pty Ltd

WA Dept of Training

WA Specialty Alloys Pty Ltd

Wormald Security

BHP Iron Ore Ltd

Bradken Perth

Bradken Perth

Bradken Perth

Kilpatrick Green and Others

Bristile Clay Tiles

Bunnings Forest Products



Etelta West Ltd

Minister for Works

Whittakers Ltd

Co-operative Bulk Handling Limited

St John of God Health System Inc. t/a St John of God Pathology lona Presentation College

C381/1994 -Beech C.

C438/1994 -Halliwell S.C.


C372/1994 -Beech C.

C450/1994 -Coleman C.C.


C201/1994 -Beech C.


C273/1994 -Beech C.

C277/1994 -Beech C.

C250/1994 -Parks C.






C295/1994 -Beech C.

C288/1994 -Beech C.

C345/1994 -Beech C.

C344/1994 -Beech C.


C301/1994 -Beech C.

C243/1994 -Beech C.

C226/1994 -Parks C.


C256/1994 -Coleman C.C.

30/09/94 Tfermination

14/11/94 Interpretation of award

21/07/94 Members of the Breakdown Support Crew

26/09/94 Distant work and location allowances

09/11/94 Work bans

06/10/94 Expiry of Enterprise Agreement

25/05/94 Redundancies

12/04/94 Written Warning

19/07/94

20/07/94

21/06/94

08/11/94

26/05/94 27/05/94 31/05/94 26/05/94 02/06/94 03/06/94 26/05/94 10/06/94

Voluntary redundancy & redeployment Renewal of Agreement

Threatened Dismissal

Classification Structure

Industrial Action

Industrial Action

Industrial Action

Strike Action

21/01/94 Spread of hours 31/08/94 29/09/94 29/07/94 Safety Net Increase

N/A Unfair Dismissal

N/A Payment of allowance

09/09/94 New work patterns

10/08/94 Tbxic allowance

07/01/94 Production bonus

17/06/94 Hours of work 20/06/94 28/06/94 04/08/94 Harassment and

threatening at work

21/06/94 Dismissal

Concluded

Concluded

Referred

Concluded

Concluded

Concluded

Concluded

Concluded

Concluded

Concluded

Concluded

Concluded

Concluded

Concluded

Concluded

Concluded

Concluded

Referred

Withdrawn

Withdrawn

Concluded

Concluded

Concluded

Referred

Concluded

Referred

-Gregor C.

Metals and Engineering Ibm's Crane & Plant Hire C259/1994 08/07/94 Underpayment of Concluded Workers' Union -Beech C. 15/07/94 wages Metals and Engineering United Constructions P/L C218/194 07/06/94 Site allowance— Referred Workers' Union -Beech C. Thevenard Island Metals and Engineering Westside Offshore Pty Ltd C374/1994 27/10/94 Non-payment of Concluded Workers' Union -Halliwcll S.C. Benefits Metals and Engineering Minister for Health C212/1994 07/06/94 Reduction in Concluded Workers' Union and Another -Beech C. allowance Miscellaneous Workers* Augusta-Margaret River C349/1994 01/09/94 Contracts of Referred Union Tourist Bureau Inc. -Halliwell S.C. employment Miscellaneous Workers' Board of Management, C414/1994 07/11/94 Elimination of Concluded Union Attadale Hospital -Gregor C. positions Miscellaneous Workers' Board of Management, C108/1994 30/06/94 Reduction in work Concluded Union Beverley District Hospital -Gregor C. hours Miscellaneous Workers* Board of Management, Hall €390/1994 N/A Request of Concluded Union Nursing Homes -Gregor C. information Miscellaneous Workers' Board of Management, C335/1994 05/09/94 Redeployment Concluded Union Heathcote Hospital -Gregor C. Miscellaneous Workers' Board of Management, C2/1994 30/08/94 Redundancies Concluded Union North am Regional Hospital -Gregor C. Miscellaneous Workers' Board of Management, Royal €460/1993 26/10/94 Industrial coverage Concluded Union Perth Hospital -Gregor C. Miscellaneous Workers' Board of Management, C429/1994 N/A Refusal to Concluded Union Wanneroo Hospital -Gregor C. continue employment Miscellaneous Workers' CCA Beverages Pty Ltd t/a €307/1994 N/A Dismissal Concluded Union Coca Cola Bottlers Perth -Halliwell S.C. Miscellaneous Workers' City of South Perth C272/1994 14/07/94 Tfermination Concluded Union -Parks C. Miscellaneous Workers' Committee of Management, €542/1993 20/12/93 Reinstatement Concluded Union Majorie Mann Lawley Day

Care Centre (Inc.) -Coleman C.C.

Miscellaneous Workers' Committee of Management, C355/1994 08/09/94 Tfermination of a Concluded Union Northan Share and Care -Coleman C.C. contract Miscellaneous Workers' Dryandra Frail Aged Hostel C370/1994 30/09/94 Payment of wages Concluded Union -Halliwell S.C. Miscellaneous Workers' Golden Ways Pty Ltd t/a C330/1994 N/A Hours of work and Concluded Union Cafe Galilleo -Parks C. money paid Miscellaneous Workers' Harvey District Hospital C433/1994 22/11/94 Pro-rata long Concluded Union -Gregor C. service leave Miscellaneous Workers' Hon. Minister for C257/1994 28/06/94 Log of claims Concluded Union Education, Employment and

Training -Coleman C.C.

Miscellaneous Workers' Hon. Minister for Health C316/1994 11/08/94 Enterprise Concluded Union -Coleman C.C. Bargaining and

Workplace Agreement Miscellaneous Workers' Main Roads Department C83/1994 10/03/94 Dismissals Referred Union -Parks C. Miscellaneous Workers' Minister for Education C198/1994 25/11/94 N/A Concluded Union -Cawley C. Miscellaneous Workers' Mon Repos Nursing Home C252/1994 15/07/94 Dismissal Concluded Union -Gregor C. Miscellaneous Workers' Mundella Foods Pty Ltd C284/1994 N/A Reinstatement Concluded Union -Parks C. Miscellaneous Workers' Murray Mandurah Health C230/1994 24/06/94 Contract for Concluded Union Service -Gregor C. Lawnmowing Service Miscellaneous Workers' . Myer Stores Limited t/a €236/1994 24/6/94 Reinstatement Concluded Union Myer Perth -Parks C. Miscellaneous Workers' FRJ Building Management €258/1994 01/07/94 Dismissal Concluded Union Service -Beech C. Miscellaneous Workers' Rangeview Hotel C342/1994 26/08/94 Contract of Concluded Union -Halliwell S.C. employment Miscellaneous Workers' Sir Charles Gairdner C197/1994 N/A Reference of Concluded Union Hospital -Coleman C.C. dispute—transfer

of Mr Burton Miscellaneous Workers' The Board of Management C381/1993 01/10/94 Payment of $12.00 Concluded Union Albany Regional Hospital -Coleman C.C. Miscellaneous Workers' The Board of Management, C223/1994 N/A Work Bans Withdrawn Union Esperance Hospital -Gregor C. Miscellaneous Workers' The Board of Management, €359/1994 09/09/94 Workplace Agreement Referred Union Guildford Village -Halliwell S.C. Miscellaneous Workers' The Churches of Christ C287/1994 29/07/94 Work Bans Concluded Union Homes Inc -Gregor C. Miscellaneous Workers' Wesley Central Mission C368/1994 19/09/94 Redundancy Concluded Union -Halliwell S.C.

s Date Matter Result

Clerical and Services Union

mmmMM

-Halliwell S.C.

-Parks C.


Qerical and Services Union


Employees' Union

State School Thachers Union Min. Education TC14/1994 24/08/94 -Kennedy C.

State School Tfeachers Union Min. Education TCI 3/1994 04/08/94 i -Kennedy C. !

aiSH m tlli

Number—

State School Ibachers Union Minister for Education

and Cabinet

-Kennedy C. TC6/1994 -Kennedy C.

-Gregor C.

17/07/94 positions Cfl104/94 Changes without

consultation




Western Australian Branch

conferred on it under the Industrial Relations Act 1979 hereby orders—

That the application be withdrawn by leave. (Sgd.) G.G. HALLIWELL,


The Honourable Premier of WA and Others

No. 1562 of 1993. Cleaners and Caretakers (Government)

Award, 1975 No. 32 of 1975.


Correction Order. WHEREAS an error occurred in Order No. 1562 of 1993 dated 28 October 1994 the following correction is made:

Immediately following the instruction insert the heading:

17.—Wages.

(Sgd.) G. G. HALLIWELL, [L.S.l Senior Commissioner.


Industrial Relations Act 1979. Geoffrey Dawes

and Foodland Associated Limited.

No. 1035 of 1994.


Order. HAVING heard Mr G. Dawes on behalf of the Applicant and Mr S. Archer (of counsel) on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders—

That the application be withdrawn by leave. (Sgd.) G.G. HALLIWELL,


PROCEDURAL DIRECTIONS

AND ORDERS—



Geoffrey Dawes and

Foodland Associated Limited. No. 1034 of 1994.


Order. HAVING heard Mr G. Dawes on behalf of the Applicant and Mr S. Archer (of counsel) on behalf of the Respondent, and by consent, the Commission, pursuant to the powers



In the matter of the Industrial Relations Act 1979 and

In the matter of an application for a reduction of the time in which an answering statement to Application No. 1169

of 1994 is to be filed in the Commission. No. 1170 of 1994.


Order. WHEREAS an application has been made by the Civil Service Association of WA (Inc) in accordance with the Industrial Relations Act 1979;

And whereas the application was ex parte before me in Chambers, I, the undersigned Senior Commissioner, pursu-

:.g. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE

(1) That the Applicant shall forthwith serve a copy of

statement and this Order on the respondents named in Schedule A of Application No. 1169 of 1994.

(2) That an answer to the claim in Application No. 1169 of 1994 lodged with the Commission on the 9th November, 1994 shall be lodged with the Commission and a copy thereof be served on the

(Sgd.) G.G. HALLIWELL,

In the matter of an application for a reduction of the time in which an answering statement to Application No. 1218

of 1994 is to be filed in the Commission No. 1219 of 1994.

SENIOR COMMISSIONER G.G. HALLIWELL. OQ KXi-vi7i3mH£M» 1 GO/!

i I *

mm Chambers, I, the undersigned Senior Commissioner, pursu

(1) That the Applicant shall forthwith serve a copy of Application No. 1218 of 1994, its accompanying statement and this Order on Truline Smash Repairs and Others.

(2) That an answer to the claim in Application No. 1218 of 1994 lodged with the Commission on the 24th day of November, 1994 shall be lodged with the Commission and a copy thereof be served on the Applicant by the close of business on Tbesday the 6th day of December, 1994.

(Sgd.) G.G. HALLIWELL, .S.l Senior Commissioner.

Hi

iil 1

i

1 1

(1) That the Applicant shall forthwith serve a copy of Application No. 1210 of 1994, its accompanying statement and this Order on the respondents named in Schedule "A".

(2) That an answer to the claim in Application No. 1210 of 1994 lodged with the Commission on the 23rd day of November, 1994 shall be lodged with the Commission and a copy thereof be served on the Applicant by the close of business on Monday the 5th day of December, 1994.

(Sgd.) G.G. HALLIWELL, •S.] Senior Commissioner.

AWARDS/AGREEMENTS—

Consolidation by Registrar-

No. A 6 of 1987. PURSUANT to section 93(6) of the Industrial Relations Act 1979 the following award has been consolidated and is published hereunder for general information.

Dated at Perth this 30th day of November, 1994. J. CARRIGG,

Aged and Disabled Persons Hostels Award, 1987. Award No. A 6 of 1987.

1.—Title. This award shall be known as the "Aged and Disabled

Persons Hostels Award, 1987" and replaces the "Hospital Workers (Hostel Domestics)" Award No. R 19 of 1977 as varied, the "Hospital Workers (Hostel Supervisors)" Award No. R 6 of 1978 as varied and the "Hostel Workers (Aged and Disabled Persons Hostels)" Award No. R 5 of 1976 as varied

1A.—State Wage Principles December 1993. It is a condition of this award/industrial agreement that

any variation to its terms on or from the 24th day of December, 1993, including the Arbitrated Safety Net Adjustment of up to $8.00 per week, shall not be made except in compliance with the Principles set down by the Commission in the Reasons for Decision in Matter No. 1457 of 1993.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE

Annual Leave

Payment of Wages Wages Higher Duties Uniforms and Laundering Board and/or Lodging Roster Record Posting of Award and Union Notices

7.—Contract of Service. (1) Tie contract of service period shall be—

(a) one hour for casual employees (b) two weeks for all other employees.

(2) An employee may be engaged on a probationary period of not longer than three months, during which time if will nossihle fnr p.ithftr thft ftmnlnvftr nr p.mnlnvfip. to


(2) An employee who works on any public holiday named herein shall be paid a loading of 50 percent of the ordinary wage for the time worked in ordinary hours on that day.

(3) (a) (i) An employee who works on any public holiday named herein or day observed in lieu thereof, shall be paid a loading of 50% of the ordinary wage for the time worked in ordinary hours on that day.

(ii) For the purposes of this clause the following days shall be public holidays; New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Founda- tion Day, Sovereign's Birthday, Christmas Day and Boxing Day.

(b) Where— (i) a day is proclaimed as a public holiday or as a

public half-holiday under Section 7 of the Public and Bank Holidays Act 1972; and

(ii) that proclamation does not apply throughout the State or to the metropolitan area of the State, that day shall be a public holiday or, as the case may be a public half-holiday for the purposes of this Award within the district or locality specified in the proclamation.

(4) An employee who is not required to work on any rvul-sTir* /loxr ir* Uon

(3) All work performed by employees on which they are rostered off duty or days worl of those provided in Clause 8.—Hours or Clau Time Employees, shall be paid for at the rate ol

(4) Where an employee is required to work such overtime is worked for a period of at let in excess of the required daily hours of work, 1 shall be provided with a meal free of cost, or the sum of $5.40 as meal money.

Provided that where the employee has been £ requirement to work overtime on the previous this subclause shall not apply.

11.—Casual Employees. (1) A casual employee shall mean an cmpk

on an hourly contract of service. (2) Casual employees shall not be engaged

three consecutive hours per engagement. (3) A casual employee shall be paid 20% c

specified herein for his/her class of work.

12.—Part-time Employees. (1) A part-time employee shall mean i

engaged on a weekly contract of service regularly from week to week for not less thai

3072 WESTEEN AUSTRALIAN INDUl

nours 01 me commencement ot me aosence. : provisions of this clause do not apply to an who fails to produce a certificate from a medical :r dated at the time of the absence or who fails to ch other proof of the illness or injury as the may reasonably require provided that the em- ill not be required to produce a certificate from a actitioner with respect to absences of two days or

> after two such absences in any year of service jyer requests in writing that the next and t absences in that year, if any, shall be accompa- ich certificate. Provided that where an employee m absences on paid sick leave adjacent to other ity within a period of 12 months the employer may writing that may further absences adjacent to days ompanied by such certificate.

Provided that this request shall remain in force until the employee has completed a continuous period of 12 months without such absence.

(5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers

ir^

a

i itm

m

by his/her employer after each period of 12 months' continuous employment with such employer.

(b) Notwithstanding the provisions of paragraph (a) of this subclause an employee employed regularly in a non-client related position including gardener, machinist,

nd storesperson who is no: on any public holiday i

nd Public Holiday Rate: a period of four consecutn of 12 months continuous

ill*

m •)i in

i nit

m m the employee would havi received

loyees that wage shall include the

1 1

1 1

I

i i m

1 m m

clause in respect of each completed month of continuous service for which annual leave has not already been taken.

Provided that employees to whom subclause (5) of this clause applies, shall be paid for such additional days' leave as have accrued due under that subclause at the date of such termination.

(b) An employee who is dismissed for misconduct which occurred after tire completion of a 12 month qualifying period, but before he/she has taken leave in respect of that qualifying period shall be given payment in lieu of that leave.

(4) (a) The annual leave prescribed in subclause (1) of this clause may be split into more than one portion:

(i) By the employer once per annum provided that no portion is less than two weeks;

(ii) By agreement between the employer and the employee.

(5) (a) Shift employees (ie employees who rotate afternoon and/or night shift with day shift as defined in Clause 31.—Shift Work of this award) shall be granted an additional week's leave. Provided that for workers whose shifts are not subject to regular rotation, one working day's additional leave (with a maximum of five working days) for each 35 shifts actually worked on afternoon and/or night shift shall be granted.

Provided further that employees who have completed 155 shifts on afternoon and/or night shift shall be granted the additional week.

This subclause shall apply to employees engaged before 12 April 1990 who were in receipt of additional annual leave days as prescribed by this subclause on a no reduction basis, and shall remain in force until 12 April 1997.

(b) Shift employees who in each roster period rotate afternoon and/or night shift with day shift shall be granted an additional week's leave. Provided that for employees whose shifts are not subject to regular rotation one day's additional annual leave shall be accrued for each thirty afternoon or night shifts worked to a maximum of five annual leave days each twelve months.

This subclause shall apply to new employees engaged on or after 12 April 1990.

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

(7) Before going on annual leave each employee shall be

given and taken before the completion of 12 months continuous service as prescribed by subclause (1) of this clause.

(b) If the services of an employee terminate and the employee has taken a period of leave in accordance with this subclause and if the period of leave so taken exceeds that which would become due pursuant to subclause (3) of this clause the employee shall be liable to pay the amount representing the difference between the amount received by him/her for the period of leave taken in accordance with this subclause and the amount which would have accrued in accordance with subclause (3) of this clause. The employer may deduct this amount from moneys due to the employee by reason of the other provisions of this award at the time of termination.

16.—Long Service Leave. The Long Service Leave provisions published in Volume

66 of the Western Australian Industrie Gazette at pages 1 to 4 both inclusive are hereby incorporated in and shall be deemed part of this award.

17.—Payment of Wages. (1) Wages shall be paid by cheque, direct transfer or cash

at the employer's discretion following consultation with employees.

(2) (a) (i) Where the employer requires the employee to establish an account for the purpose of receiving his/her wages, the employee shall bear the cost associated with the establishment and maintenance of such account.

(ii) The employer may require such an account to be established at a major bank or building society.

(b) In respect of transfer fees associated with the transfer of funds from the employer's bank to any other bank or financial institution, such fees shall be paid by the employer.

(3) In the case of payment by cheque the employer shall arrange encashment facilities at a branch of a bank in close proximity to the place of work. Where it is impractical for the employee to cash the cheque on pay day, reasonable access to the facility shall be allowed by the employer during working time.

(4) If, for reasons within the control of the employer, wages are not available at the nominated time and the employee is kept waiting for a period exceeding 30 minutes, overtime rates shall apply, provided that in the case of an employee rostered for duty on that day, the 30 minute period shall commence from the employee's finishing time.

(5) No deduction shall be made from an employee's wages unless the employee has agreed to such deduction in writing, or the deduction is authorised by the award.

(6) Each employee shall be provided with a pay advice slip on each day that wages are paid. The pay advice slip shall detail:

(a) the rate of wage; (b) the hours worked, including overtime; (c) the gross wage; (d) the net wage; (e) any allowances paid; (f) any deductions made; (g) the composition of any annual leave payment; (h) the composition of any termination payment.

(7) Wages shall be paid fortnightly, provided that by agreement between the employer and the Union, wages may be paid at other intervals.

(8) Subject to subclause (9) hereof, upon termination of employment, the employer shall pay to the employee all moneys earned by or payable to the employee before the

the hostel or the same shal >y post on the next working

mployee terminates his or h is required by Clause 7.

Service of this Award, the employer shall forward as soon as reasonably possible ail moneys earned by or payable to such employee to that employee by post.

(10) If an employee fails to collect his/her wages on the appointed day, such wages shall thereafter be available for collection (at previously notified times) during office hours.

18.—Wages. (1) (a) The minimum weekly rate of wage payable to

employees covered by this award shall be the Base Rate plus the Arbitrated Safety Net Adjustment (ASNA) Payment expressed hereunder:


(i) Qualified Cook (ii) Cook Woridng Alone

(iii) (WierCook (iv) Supervisor (v) Assistant Supervisor

(vi) Domestic (vii) Driver

Rate $ $ $

450.90 8.00 468.90 401.00 8.00 409.00 395.90 8.00 403.90 426.40 8.00 434.40 403.60 8.00 411.60 378.30 8.00 386.30 402.90 8.00 410.90


(2) The classification 'domestic' shall include the following: cleaner, domestic, gardener, handyperson, kitchen employee, laundry employee, pantry employee, machinist, storeperson and like classification.

(3) The ordinary wages of any employee other than a supervisor or assistant supervisor placed in charge of three or more employees shall be increased by $14.20 per week.

(4) The hourly rate shall be calculated by dividing the weekly rate by 38.

(5) The minimum weekly rates of wage for work in ordinary time to be paid to junior employees shall be as follows—

Percent- age of Adult Rate

% Under 17 years of age 60 At 17 years of age 70 At 18 years of age 80 At 19 years of age 100

(6) Apprentices Wages: The weekly wage rate shall be a percentage of the

tradesperson's rate as under: Percent- age of

Tradesper- son's

Weekly Rate

% (a) Four year Tferm—

First year 42 Second year 55 Third year 75 Fourth year 88

(b) Three and One Half Year Tferm— First six months 42 Next year 55 Next following year 75 Final year 88

(c) Three-year Tferm— First year 55 Second year 75 Third year 88

(d) For the purposes of this part' 'Tradesperson's Rate" means the rate of wage payable to a "Qualified Cook", as prescribed in this clause.

19.—Higher Duties.

An employee who is capable of performing and does perform all duties of a position which carries a higher rate of pay than that which he or she usually performs shall be entitled to the higher rate whilst so engaged.

20.—Uniforms and Laundering.

(1) Where the employer requires a uniform to be worn, a supply of four such uniforms shall be made available for use by each employee but such uniforms shall at all times remain the property of the employer.

(2) In lieu of the provision of uniforms, the employer may pay an allowance of $3.40 per week.

(3) The term "uniform" shall include all items of clothing and footwear which are specified by the employer according to type or colour or according to the exclusion of ordinary clothing or footv/ear, to be worn.

(4) Each employee shall be entitled to all reasonable laundry work at the expense of the employer, but where the employer elects not to launder the uniforms, the employee shall be paid an allowance of $1.00 per week.

21.—Board and/or Lodging. (1) Where employees are provided with Lodging by the

employer, the following charges, or deductions as the case may be, may be made by the employer:

Lodging $15.90 per week

Lodging for employees sharing rooms $8.00 per

Lodging for self contained furnished single accommodation within hostel grounds $26.10

For the purposes of this clause "Lodging" means a room constituting a bedroom, together with communal toilet, laundry and sitting room facilities.

(2) (a) The amounts herein prescribed shall be varied as the result of State Wage Case variations to the rate of wage for a supervisor by the same proportion and at the same time.

(b) Any variation to the lodging charges shall be calculated to the nearest ten cents.

(3) An employee in receipt of the call allowance prescribed by Clause 27.—-Call Allowance shall not be charged for lodging except where the hostel is the principal place of residence of the employee.

22.—Roster. (1) A roster shall be posted in a convenient place where

it can be readily seen by the employees concerned. (2) Such roster shall denote the hours to be worked by

each employee and shall be open for inspection by a duly accredited representative of the Union at such times as the record is open for inspection.

(3) Such roster shall be posted at least 48 hours before it comes into operation and may be altered by 48 hours notice, but this shall not prevent a part-time employee working additional shifts in accordance with subclause (4) of Clause 12.—Part-Time Employees.

(4) No employee shall be rostered for duty until at least 8 hours have elapsed from when the previous rostered shift ended.

23.—Record. (1) Each employer bound by this award shall maintain a

record containing the following information: (a) The name and address given by each employee

subject to this Award. (b) The date of birth of an employee if paid as a junior

employee. (c) The date on which each employee commenced

employment with that employer. (d) The classification and "year of employment" of

the employee and whether the employee is employed full-time, part-time or casual.

(e) The commencing and finishing time of work each day, together with any periods between those times when the employee was not required to work.

(f) The total number of ordinary hours and the total number of overtime hours worked each day.

(g) The wages and any allowances paid to each employee each pay period and any deductions made therefrom.

(2) (a) The record shall be kept at one establishment and in date order so that the inspections referred to in subclause (3) of this Clause may be made with respect to any period in the 12 months preceding the date of inspection.

(b) The employer may, if it is part of normal business practice, periodically send the record or any part of the record to another person, provided that the provisions of this paragraph shall not relieve the employer of the obligations contained elsewhere in this Clause.


(3) (a) Subject to this clause, the record shall be available for inspection by any officer of the Union or other authorised representative of the Union between the hours of 9.00am and 5.00pm Monday to Friday inclusive at such time and date as requested by the Union.

(b) The officer of the Union or other authorised representative of the Union shall be permitted reasonable time to inspect the record and if required take an extract or copy of any of the information contained therein.

(c) The employer shall permit each employee to inspect the record as it relates to that employee either at the time of payment of wages or at such other time as may be mutually convenient. The employer shall not unreasonably withhold the record from inspection by the employee.

(4) (a) If, for any reason, the record is not available for inspection at the time and date requested, the Union and the employer or his agent may fix a mutually convenient time for the inspection to take place.

(b) If a mutually convenient time cannot be fixed, the Union may advise the employer in writing that it requires to inspect the record in accordance with the provisions of this Award and shall specify the period contained in the record which it requires to inspect.

(c) Within 10 days of the receipt of such advice: (i) employers who normally keep this record at a

place more than 35 kilometres from the G.P.O. Perth, shall send a copy of that part of the record specified to the office of the Union; and

(ii) employers who normally keep the record at a place less than 35 kilometres from the G.P.O Perth, shall make the record available to the Union at a time specified by the Union.

(d) In the event of a demand made by the Union which the employer considers unreasonable the employer may apply to the Industrial Relations Commission for direction. An application to the Industrial Relations Commission made by an employer for direction will, subject to the direction, stay the requirements contained elsewhere in this subclause.

(5) In addition to the foregoing, the employer shall maintain for the duration of the employees employment, a record in respect of each employee showing:

(a) Name and classification. (b) Total hours worked each week. (c) Number of days worked each week. (d) Tbtal wages paid each pay period.

(6) Records required to be kept by this Clause shall be passed on to any succeeding employer in the event that the business is sold or transmitted.

24.—Posting of Award and Union Notices. (1) A copy of this Award if supplied by the Union shall

be exhibited by each employer on his business premises in such a place where it may be conveniently and readily seen by each worker employed.

(2) The Secretary of the Union, or any other duly accredited representative of the Union, shall be permitted to post notices relating to Union business in such a place where it may be conveniently and readily seen by each worker employed.

25.—Under-rate Employees. (1) Any employee who may by reason of old age or

infirmity be unable to earn the minimum rate of wage, may be paid such lesser wage as may from time to time be agreed upon in writing between the Union and the employer.

(2) In the event of agreement not being arrived at, the matter may be referred to the Board of Reference for determination.

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

26.—Breakdowns. The employer shall be entitled to deduct payment for any

day or portion of a day upon which the employee cannot be usefully employed because of any strike by the Union or Unions affiliated with it, or by any other association or union, or through the breakdown of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent.

27.—Call Allowance. An employee who resides at the hostel and who is

required to remain available for call during her off-duty period, shall be paid for each hour of such call at the rate of 12.5% of the hourly wage rate, from time to time for the Supervisor classification. Such payment shall not be made for any period during which the employee is required to work as a result of a response to a call.

28.—Location Allowances. (1) Subject to the provisions of this clause, in addition to

the rates prescribed in the wages clause of this award, an employee shall be paid the following weekly allowances when employed in the towns prescribed hereunder. Provided that where die wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances.

Agnew Argyle (see subclause 12) Balladonia Barrow Island Boulder Broome Bullfinch Carnarvon Cockatoo Island Coolgardie Cue Dampier Denham Derby Esperance Eucla Exmouth Fitzroy Crossing Goldsworthy Halls Creek Kalbarri Kalgoorlie Kambalda Karratha Koolan Island Koolyanobbing Kununurra Laverton Learmonth Leinster Leonora Madura Marble Bar Meekatharra Mt Magnet Mundrabilla Newman Norseman Nullagine Onslow Pannawonica Paraburdoo Port Hedland Ravensthorpe Roeboume Sandstone Shark Bay Shay Gap Southern Cross

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wance in ft tion on 1 Ju 0) Nothing

wee under ne 1980. herein cont

Ms Award for that town or

lined shall have the effect of m redu cing any 'di strict allowa 0 subj ect to the pn jWWWjfofff

as a t 1 June IS iiiSlMtflll 10 emp loyer.

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W tacept wnere an employee i an additional allowance under sub but on 31 December 1987 was in excess of that under General G employee shall continue to recer higher rate until 1 My 1988 whei the rate being paid and that due ur clause shall be reduced by 33 73%; on 1 January 1989 shall be reduce and payment in accordance with su will be implemented on 1 July 19!

(5) Subject to subclause (2) employees, casual employees, part- tices receiving less than adult rate s for less than a Ml week shall necei location allowance as equates with wage for ordinary hours that week i work performed.

(6) Where an employee is on £ payment in lieu of annual leave hey period of such leave the location al

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as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof.

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

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

(5) Cancellation of Maternity Leave. (a) Maternity leave, applied for but not commenced, shall

into account in calculating the period of service for any purpose of the award.

(9) Tfcrmination of Employment. (a) An employee on maternity leave may terminate her

employment at any time during the period of leave by notice given in accordance with this award.

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

(10) Return to Work After Maternity Leave. (a) An employee shall confirm her intention of returning

to her work by notice in writing to the employer given not less than four weeks prior to the expire maternity leave.

(b) An employee upon the expir requited by paragraph (a) hereof sha position which she held immediately I maternity leave or, in the case of an transferred to a safe job pursuant to i position which she held immediately Where such position no longer exists positions available for which the empli the duties of which she is capable of; be entitled to a position as nearly com salary or wage to that of her former n

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ties as necessary before her return to work. (c) Before an employer engages a person to replace an

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WESTERN AUSTRALIAN INDUSTRIAL .A.I.G.

31.—Shiftwork. g on the ordinary rates of pay for an

m m II IHfTiTcn H 6.00pm and a night shift shall be one which commences between 6.00pm and 4.00am.

(c) The second portion of a broken shift, where such second portion commences after 12.00 noon shall be regarded as an afternoon shift for the purposes of this

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uirougn two or more or me separaie areas, payment at me rates prescribed herein shall be made at the appropriate rate applicable to each of the separate areas traversed.

(c) A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next

not apply to an employee who on any day commences his/her ordinary hours of work after 12.00 noon and completes those hours at or before 6.00pm on that day.

(2) The following provisions shall apply in lieu of the foregoing for the period on and from 1 July, 1991 pending

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INDUSTRIAL GAZETTE

the employer in writing of the level of union subscription to be deducted. The employer shall implement any change to union subscriptions no later than one month after being notified by the union except where the union nominates a later date.

(5) (a) The collection of any nomination fee, arrears,

nej ex

ally refer the matter to the Western Australian Industrial Relations Commission for assistance in resolving the dispute.

(7) Where the employer seeks to discipline an employee, or terminate an employee the following steps shall be observed:

(b) Where a deduction is not made from an employee m any pay period, either inadvertently or as a result of an employee not being entitled to wages sufficient to cover the subscription, it shall be the employee's responsibility to settle the outstanding amount with the union direct.

(6) The employer shall not make any deduction of subscriptions from an employee's termination pay on termination of service, other than normal deductions for the preceding pay period.

(7) The employer shall forward subscriptions deducted, together with supporting documentation, to the relevant union party to this Award at such intervals as are agreed

meanour, the employee's immediate supervisory or any other staff member so authorised, may exercise the employer's right to reprimand the employee so that the employee understands the nature and implications of their conduct

(b) The first two reprimands shall take the form of warnings and, if given verbally, shall be confirmed in writing as soon as practicable after the giving of the reprimand.

(c) Should it be necessary, for any reason, to reprimand an employee three times in a period not exceeding twelve months' continuous service, the

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(4)(d) above between the appropriate union official and the

ttliVJIJCilVJllltbtt union to represent its members in compliance with its rules.

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ion (1) of this clause.

(3) The Industry Consultative Committee referred to in subclause (2) of this clause shall determine its own procedures and terms of reference and will meet within two months of this clause being ratified by the Western Australian Industrial Relations Commission.

11 iH

8 K uifiKmJWIwHcim*

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Anglican Homes (Inc.) and Others No. A 6 of 1987.

Aged and Disabled Persons Hostels Award 1987

111*

[figa ligwi urn SENIOR COMMISSIONER G.G. HALLIWELL.

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WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3081

2.—Arrangement Title State Wage Principles December 1993 Arrangement Area and Scope Tferm Hours Overtime Public Holidays Annual Leave Absence Through Sickness Time and Wages Record Contract of Service Meal Money Right of Entry Breakdowns Board of Reference Under-Rate Workers Junior Workers Mixed Functions Shift Work Casual Workers Posting of Award & Union Notices Classification Structure and Rates of Pay Extra Rates & Conditions Definitions Apprentices Long Service Leave Payment of Wages—38 Hour Week Part-time Workers Bereavement Leave First Aid Travelling Allowance Liberty to Apply Maternity Leave34.No Reduction Superannuation Schedule A—Parties to the Award Schedule B—Respondents Schedule C—Classification Structure and Defini- tions

3.—Area and Scope. This Award shall have effect over the whole of the State

of Western Australia and shall apply to workers covered by the classifications referred to in Clause 22.—Rates of Pay employed in the manufacture of goods from plastics and reinforced plastics.

Provided that it shall not apply to woricers who are at present provided for in any other award or industrial agreement duly registered at the Western Australian Industrial Relations Commission at the date of delivery of this Award.

4.—Term. The term of this award shall be for a period of one year

(3) Nothing in this clause shall be construed to prevent the employer and the majority of employees affected in a workplace or part thereof reaching an agreement to operate any method of working a 38 hour week provided that agreement is reached in accordance with the following procedure:

(a) The Union will be notified in writing of the proposed variations prior to any change taking place;

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

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

(d) Where the majority of Union members do not support the agreement then the issues will be referred to the Western Australian Industrial Relations Commission for conciliation and, if necessary, arbitration.

(4) A meal break of a period agreed upon between the majority of workers and the employer at each factory shall be allowed between the hours of 11.00am and 2.00pm on Monday to Friday inclusive. In default of such agreement the meal break shall be not more than one hour and not less than 30 minutes to be taken within the aforementioned period.

6.—Overtime. (1) The provisions of this clause shall apply to all

workers. (2) (a) An employer may require any worker to work

reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.

(b) No Union or Association party to this award, or worker or workers covered by this award, shall, in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation, or restriction upon the working of overtime in accordance with the requirements of this subclause.

(3) (a) Where an employee works outside his rostered hours on any day he shall be paid overtime at the rate of time and a half for the first two hours and double time thereafter for all such hours worked.

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

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

(c) Work done on Saturdays prior to 12.00 noon shall be

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observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Hiesday. In each case the

(b) that proclamation does not apply throughout the State or to the metropolitan area of the State,

lat day shall be a public holiday or, as the case may be, a ublic half-holiday for the purposes of this award within the

I

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

in ■

I i entitled, subject to subclause (5) of this clause, to such leave on full pay as is proportionate to his/her length of service during that period with such employer, and if such leave is not equal to the leave given to the other workers he/she shall not b «*- —' —■ < * such

m

during the relevant period. (3) (a) In addition to his/her payment of annual leave a

worker shall receive a loading of 17.5 percent calculated on his/her ordinary rate of wage. Provided that where the worker would have received any additional rates for the work performed in ordinary hours as prescribed by this award had he/she not been on leave during the relevant

to a greater amount than the loading of 17.5 percent, then such additional rates shall be added to his/her ordinary wage in lieu of the 17.5 percent loading. Provided further, that if the additional rates would have entitled him/her to a lesser amount than the loading of 17.5 percent, then such loading of 17.5 percent shall be added to his/her ordinary rate of wage in lieu of the additional rate.

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

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

which annual leave may not be taken to meet production requirements at the workplace concerned.

(13) An employer may require an employee to take annual leave within twelve months of such leave falling due.

9.—Absence Through Sickness. (1) (a) A worker who is unable to attend or remain at his

■ > I [*llj l«! i I h\ t'J HIlM kVi) AvM I m in reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the provisions of this clause.

(i) Worker who actually works 38 ordinary hours each week:

A worker whose ordinary hours of work are arranged in accordance with paragraph (a) or (b) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 5.—Hours, of this award, so that he actually works 38 ordinary hours each week shall be entitled to payment during such absence for the actual ordinary hours absent.

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

MMIHI

74 W.A.I.G. WESTERM AUSTRALIAN INDUSTRIAL GAZETTE 31

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be entitled to claim payment for any period exceeding ten weeks in any one year of service.

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

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

10.—Time and Wages Record. The employer shall keep or cause to be kept a record

wherein shall be entered:— (a) The name of each worker (b) The nature of his employment

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employer to end the contract with one days notice. (7) Notwithstanding the provisions of subclause (5) of this

Clause, a casual employee may be employed for a reasonable period in excess of one month to cover seasonal demands, rush orders and emergencies.

12.—Meal Money. (1) A worker required to work overtime for more than two

hours, without being notified on the previous day or earlier that he/she will be so required to work, shall be supplied with a meal by the employer or paid $5.40.

(2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he/she has notified the workers concerned on the previous day or earlier that such a second or subsequent

ill also be required, provide such meals or pay an of $3.70 for each second or subsequent meal.

(3) No such payments need be made to workers living in the same locality as their workshops who can reasonably

" lome for such meals.

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e entitled to deduct payment for any t upon which the worker cannot be ause of any strike by the union or or by any other association or union, wn of the employer's machinery or by any cause which the employer ent.

loard of Reference. hereby appoints for the purposes of Reference consisting of a Chairman i who shall be appointed pursuant to hdus trial Arbitration Act (Western

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17.—Junior Workers. Upon being engaged a junior worker shall establish his

full name and date of birth by the production of a record of his registration of birth or by such other means as are satisfactory to the employer.

18.—Mixed Functions. A worker engaged for two hours or more of one day or

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

19.—Shift Work. (1) T

engaged (2) An employer may work his establishment on shifts but

before doing so shall give notice of his intention to the Union o " '

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(5) Tire hours worked on a night shift commencing at midnight on Friday or earlier shall be deemed to be part of tire ordinary hours of work.

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Training — Undertakes induction training which may include

information on the enterprise, conditions of em-

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— Training on any one or several of specific tasks encompassed in Grade 2.

(b) Production/Machine Assistant—Grade 2 Shall mean an employee who is engaged on work in

connection with or incidental to the production and distribution operations of the employer and who may be required to regularly carry out general and specific duties as

(d) Machine Operator/Setter—Grade 4 Shall.mean an employee classified and appointed as such

who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who in addition to the duties of a Machine Attendant— Grade 3 may be required to regularly carry out the specific duties listed hereunder:

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or incidental to the production and .on operauons 01 me employer ana who in aaaiuon ities of a Leading Hand/Setter—Grade 5 may be to regularly carry out the duties listed hereunden al Duties Understands and applies quality control techniques Exercises good interpersonal communication skills Exercises discretion within the scope of this grade Exercise keyboard skills at a high level Perform work under general supervision either individually or in a team environment Is able to inspect products and/or materials for conformity with established operational standards 1c Duties Approves and passes first off samples and maintains quality of product Works from production drawings, prints or plans Operates, sets up and adjusts all production machinery in a plant including production process welding to the extent of training Can perform a range of engineering maintenance functions Mannfarhirinc? nrv^rflrinne at a Ip.vaI hicrhi&r than

represents payment in neu 01 equivalent < ments.

(iv) "Overaward payment" is defined (whether it be termed "overaward paymen bonus" or any term whatsoever), which an < receive in excess of the "award wage". Pit payment shall exclude overtime, shift allc rates, disability allowances, fares and allowances and any other ancillary payment! prescribed by the award.

(3) Junior Employees Junior employees shall be paid the folio

percentage of the weekly rate for the class of in subclause (1) hereof in which they are e

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 At 20 years of age

(4) Apprentices (Percent of the "Production Systems G

1 BTlU SWTlTl ViTli 1) IW late to production

High le ,vel stores and im in the provision

six months 42 year 55 year 75 year 88

Year Term year 55 nd year 75 i vear 88

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74 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 30S7

(d) A tradesperson or apprentice shall replace or pay for any tools supplied by their employer if lost through their own negligence.

(7) Minimum Wage Notwithstanding the provisions of this award, no em-

ployee (including an apprentice), 21 years of age or over, shall be paid less than 5275.50 per week as their ordinary rate of pay in respect of the ordinary hours of work prescribed by this award, but that minimum rate of pay does not apply where the ordinary rate of pay (including any part thereof payable in addition to the award rate) is not less than $275.50.

Where the said minimum rate of pay is applicable the same rate shall be payable on holidays, during annual leave, sick leave, long service leave and any other leave prescribed by this award.

Notwithstanding the foregoing, where in this award an additional rate is prescribed for any work as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the classification in which the employee is employed.

23.—Extra Rates and Conditions. (1) Workers handling carbon black before processing, and

workers engaged in processing free carbon black, shall be paid the sum of 33 cents per hour in addition to the rate herein fixed for the class of work performed.

(2) Workers engaged on weighing, packing and mixing in the powder room shall be paid the sum of 33 cents per hour in addition to the rate herein fixed for the class of work performed.

(3) Workers engaged in work on a construction site other than the normal place of work shall be paid an allowance at the rate of $15.00 per week for each hour or part thereof worked.

(4) Workers shall be provided with adequate protective equipment for the work on which they are engaged where such is necessary. Any dispute as to whether protective equipment is adequate shall be referred to the Board of Reference for determination.

24.—Definitions. "Plastic Press Operator" means an operator of a press

who is required to exercise a discretion as to all or any of the following matters—kind or quality of powder, pressure, temperature and time of curing.

' 'Extruding Machine Operator'' means an adult employee who is required to exercise discretion as to temperature, die centring and running speed, including screw speed and take off speed.

"Examiner of materials—part finished or finished products" means an adult employee who is specifically engaged as an examiner, paid as such, and in the course of his duties exercises discretion as to the quality of the work examined.

"Hand Laminator" is an adult employee required to perform all processes listed for a' 'Hand Laminator (Other)'' and able to work from blue prints or drawings. He is also able to perform both of the following tasks—

(a) Construct moulds; (b) Capable of carrying out repair work on all types

of reinforced plastic components. ''HandLaminator (Other)" is an adult employee required

to exercise discretion and accept responsibility for his own work, and who is capable of bringing a reinforced plastic component to completion. This includes the following tasks; Preparation of moulds, preparation of constituents, including such operations as pre-forming, mat making, fibre, resin deposition, etc., including use of spray gun, laminating by all methods, stripping and finishing and minor repair work.

"Blow Moulding Machine Operator (as defined)" means an adult worker who is responsible for the changing of dies and setting up of machines from production programmes and who exercises discretion as to temperature, kinds and quality of raw materials, timing of process and running speeds.

"Blow Moulding Machine Operator (Other)" means an adult worker with less than six months' experience and who is working under the instructions of a Blow Moulding Machine Operator (as defined).

"Tradesperson" means— (a) a person who has satisfactorily completed a

recognised apprenticeship, or (b) a person who works as a tradesperson and is

responsible for the supervision of an apprentice, or

(c) a person who has performed the work of a tradesperson for six or more years.

25.—Apprentices. Apprentices may be taken in the ratio of one apprentice

for every two or fraction of two (the fraction being not less than one) tradespersons and shall not be taken in excess of that ratio unless—

(a) the Union so agrees, or (b) the W.A. Industrial Commission so determines.

26.—Long Service Leave.

1.—Right to Leave A worker shall, as herein provided, be entitled to leave

with pay in respect of long service.

2.—Long Service (1) The long service which shall entitle a worker to such

leave shall, subject as herein provided, be continuous service with one and the same employer.

(2) Such service shall include service prior to the first day of April, 1958, if it continued until such time but only to the extent of the last twenty completed years of continuous service.

(3) (a) Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called "the transmittor") to another employer (herein called "the transmittee") and a worker who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee—the period of the continuous service which the worker has had the transmittor (including any such service with any prior transmittor) shall be deemed to be service of the worker with the transmittee.

(b) In this subclause "transmission" includes transfer, conveyance, assignment or succession whether voluntary or by agreement or by operation of law and "transmitted'' has a corresponding meaning.

(4) Where, over a continuous period, a worker has been employed by two or more companies each of which is related company within the meaning of Section 6 of the Companies Act 1961 the period of the continuous service which the worker has had with each of those companies shall be deemed to be service of the worker with the company by whom he is last employed.

(Section 6 reads)— "6. (1) For the purposes of this Act, a corporation

shall, subject to the provisions of subsection (3) of this section, be deemed to be a subsidiary of another corporation, if, (a) that other corporation—

(i) controls the composition of the board of directors of the first mentioned corporation;

(ii) controls more than half of the voting power in the first mentioned corporation; or

(iii) holds more than half of the issued share capital of the first mentioned corporation excluding any part thereof which carries no right to participate beyond a specified amount in a distribution of either profits or capital); or


(b) the first mentioned corporation is a subsidiary of any corporation which is that other corporation's subsidiary.

(2) For the purpose of subsection (1) of this section, die composition of a corporation's board of directors shall be deemed to be controUed by another corporation if that other corporation by the exercise of some power cxercisable by it without the consent or concurrence of any other person can appoint or remove all or a majority of the directors; and for the purposes of this provision that other corporation shall be deemed to have power to make such an appointment if— (a) a person cannot be appointed as a

director without the exercise in his favour by that other corporation of such a power; or

(b) a person's appointment as a director follows necessarily from his being a director or other officer of that other corporation.

(3) In determining whether one corporation is a subsidiary of another corporation— (a) any shares held or power exercisable by

that other corporation in a fiduciary capacity shall be treated as not held or exercisable by it;

(b) subject to paragraphs (c) and (d) of this subsection, any shares held or power exercisable—

(i) by any person as a nominee for that other corporation (except where that other corporation is concerned only in a fiduciary capacity); or (ii) by, or by a nominee for, a subsidiary of that other corporation, not being a subsidiary which is concerned only in a fiduciary capacity;

shall be treated as held or exercisable by that other corporation;

(c) any shares held or power exercisable by any person by virtue of the provisions of any debentures of the first-mentioned corporation or of a trust deed for securing any issue of such debentures shall be disregarded; and

(d) any shares held or power exercisable by, or by a nominee for, that other corporation or its subsidiary (not being held or exercisable as mentioned in paragraph (c) of this subsection) shall be treated as not held or exercisable by that other corporation if the ordinary business of that other corporation or its subsidiary, as the case may be, includes the lending of money and the shares are held or power is so exercisable by way of security only for the purposes of a transaction entered into in die ordinary course of that business.

(4) A reference in this Act to the holding company of a company or other corporation shall be read as a reference to a corporation of which that last-mentioned company or corporation is a subsidiary.

(5) Where a corporation— (a) is the holding company of another

corporation; (b) is a subsidiary of another corporation; (c) is a subsidiary of the holding company

of another corporation, that first-mentioned corporation and that other corporation shall for the purposes of this Act

be deemed to be related to each other. ".

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

leave or long service leave; (b) any period of absence from duty necessitated by

sickness of or injury to the worker but only to the extent of fifteen working days in any year of his employment;

(c) any period following any termination of the employment by the employer if such termination has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any award in respect of annual leave;

(d) any period during which the service of the worker was or is interrupted by service—

(i) as a member of the Naval, Military or Air forces of the Commonwealth of Australia other than as a member of the British Commonwealth Occupation Forces in Japan and other than as a member of the Permanent Forces of the Commonwealth of Australia except in the circumstances referred to in section 31 (2) of the Defence Act 1903-1956, and except in Korea or Malaya after 26th June, 1950;

(ii) as a member of the Civil Construction Corps established under the National Security Act 1939-1946;

(iii) in any of the Armed Forces under the National Service Act 1951 (as amended).

Provided that the worker as soon as reasonably practicable on the completion of any such service resumed or resumes employment with the employer by whom he was employed immediately before the commencement of such service.

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

(a) the transmission of a business as referred to in paragraph (3) of this subclause;

(b) the employment with related companies as referred to in paragraph (4) of this subclause;

(c) any interruption of a class referred to in paragraph (5) of this subclause;

(d) any absence from duty authorised by the employer;

(e) any standing-down of a worker in accordance with the provisions of an award, industrial agreement, order or determination under either Common- wealth or State law;

(f) any absence from duty arising directly or indirectly from an industrial dispute if the worker returns to work in accordance with the terms of settlement of the dispute;

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

(h) any termination of the employment by the employer on the ground of slackness of trade if the worker is re-employed by the same employer within a period not exceeding six months from the date of such termination;

(i) any reasonable absence of the worker on legitimate union business in respect of which he has requested and been refused leave;

(j) any absence from duty after the coming into operation of this clause by reason of any cause not specified in this clause unless the employer, during the absence or within fourteen days of the termination of the absence notifies the worker in writing that such absence will be regarded as


having broken the continuity of service, which notice may be given by delivery to the worker personally or by posting it by registered mail to his last recorded address, in which case it shall be deemed to have reached him in due course of post.

Provided that the period of absence from duty or the period of any interruption referred to in placita (d) to (j) inclusive of this paragraph shall not (except as set out in paragraph (5) of this subclause) count as service.

3.—Period of Leave (1) The leave to which a worker shall be entitled or

deemed to be entitled shall be as provided in this subclause. (2) Subject to the provisions of paragraphs (5) and (6) of

this subclause:— Where a worker has completed at least fifteen years' service the amount of leave shall be—

(a) in respect of fifteen years' service so completed— thirteen weeks' leave;

(b) in respect of each ten years' service completed after such fifteen years—eight and two-thirds weeks' leave;

(c) on the termination of the worker's employment— (i) by his death;

(ii) in any circumstances otherwise than by his employer for serious misconduct;

in respect of the number of years' service with the employer completed since he last became entitled to an amount of long service leave, a proportionate amount on the basis of thirteen weeks for fifteen years' service.

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

(i) by his death; or (ii) in any circumstances, otherwise than by his

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

(4) In the cases to which paragraphs (2)(c) and (3) of this subclause apply the worker shall be deemed to have been entitled to and to have commenced leave immediately prior to such termination.

(5) A worker whose service with an employer commenced before 1st October, 1964, and whose service would entitle him to long service leave under this clause shall be entitled to leave calculated on the following basis:—

(a) For each completed year of service commencing before the 1st October, 1964, an amount of leave calculated on the basis of thirteen weeks' leave for twenty years' service; and

(b) for each completed year of service commencing on or after the 1st October, 1964, an amount of leave calculated on the basis of thirteen weeks' leave for fifteen years' service.

Provided that such worker shall not be entitled to long service leave until his completed years of service entitle him to the amount of long service leave prescribed in either paragraph (2)(a) or paragraph (2)(b) of this subclause as the case may be.

(6) A worker to whom paragraphs (2)(c) and (3) of this subclause apply whose service with an employer commenced before 1st October, 1964, shall be entitled to an amount of long service leave calculated on the following basis :—

(a) For each completed year of service commencing before the 1st October, 1964, an amount of leave calculated on the basis of thirteen weeks' leave for twenty years' service; and

(b) for each completed year of service commencing on or after 1st October, 1964, an amount of leave

calculated on the basis of thirteen weeks' leave for fifteen years' service.

4.—Payment for Period of Leave (1) A worker shall, subject to paragraph (3) of this

subclause, be entitled to be paid for each week of leave to which he has become entitled or is deemed to have become entitled the rate of pay applicable to him at the date he commences such leave.

(2) Such rate of pay shall be the rate applicable to him for the standard weekly hours which are prescribed by this award (or agreement), but in the case of casuals and part-time workers shall be the rate for the number of hours usually worked up to but not exceeding the prescribed standard.

(3) Where by agreement between the employer and the worker the commencement of the leave to which the worker is entitled or any portion thereof is postponed to meet the convenience of the worker, the rate of payment for such leave shall be at the rate of pay applicable to him at the date of accrual, or, if so agreed, at the rate of pay applicable at the date he commences such leave.

(4) The rate of pay— (a) shall include any deductions from wages for board

and/or lodging or the like which is not provided and taken during the period of leave;

(b) shall not include shift premiums, overtime, penalty rates, special rates, disability allowances, fares and travelling allowances or the like.

(5) In the case of workers employed on piece or bonus work or any other system of payment by results the rate of pay shall be calculated by averaging the worker's rate of pay for each week over the previous three monthly period.

5.—Taking Leave (1) In a case to which placita (a) and (b) of paragraph (2)

of subclause (3) apply :— (a) Leave shall be granted and taken as soon as

reasonably practicable after the right thereto accrues due or at such time or times as may be agreed between the employer and the worker or in the absence of such agreement at such time or times as may be determined by the Special Board of Reference having regard to the needs of the employer's establishment and the workers' circumstances.

(b) Except where the time for taking leave is agreed to by the employer and the worker or determined the Special Board of Reference the employer shall give to a worker at least one month's notice of the date from which his leave is to be taken.

(c) Leave may be granted and taken in one continuous period or if the employer and the worker so agree in not more than three separate periods in respect of the first thirteen weeks' entitlement and in not more than two separate periods in respect of any subsequent period of entitlement.

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

(e) Payment shall be made in one of the following ways:—

(i) In full before the worker goes on leave; (ii) at the same time as his wages would have

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

(iii) in any other way agreed between the employer and the worker.

(f) No worker shall, during any period when he is on leave, engage in any employment for hire or reward in substitution for the employment from

3090 WESTERN AUSTRALIAN MDUSTEIAL GAZETTE 74 W.A.I.G.

which he is on leave, and if a worker breaches this provision he shall thereupon forfeit Us right to leave hereunder in respect of the unexpired period of leave upon 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.

(2) In the case to which paragraph (2)(c) or paragraph (3) of subclause (3) applies and in any case in which the employment of the worker who has become entitled to leave hereunder is terminated before such leave is taken or fully taken the employer shall, upon termination of his employment otherwise than by death pay to the worker, and upon termination of employment by death pay to the personal representative of the worker upon request by the personal representative, a sum equivalent to the amount which would have been payable in respect of the period of leave to which he is entitled or deemed to have been entitled and which would have been taken but for such termination. Such payment shall be deemed to have satisfied the obligation of the employer in respect of leave hereunder. 6.—Granting Leave in Advance and Benefits to be Brought

into Account (1) Any employer may by agreement with a worker allow

leave to such a worker before the right thereto has accrued due, but where leave is taken in such case the worker shall not become entitled to any further leave hereunder in respect of any period until after the expiration of the period in respect of which such leave had been taken before it accrued due.

(2) Where leave has been granted to a worker pursuant to the preceding paragraph before the right thereto has accrued due, and the employment subsequently is terminated, the employer may deduct from whatever remuneration is payable upon the termination of the employment such amount as represents payment for any period for which the worker has been granted long service leave to which he was not at the date of termination of his employment or prior thereto entitled.

(3) Any leave in the nature of long service leave or payment in lieu thereof under a State Law or a long service leave scheme not under the provisions hereof granted to a worker by his employer in respect of any period of service with the employer shall be taken into account whether the same is granted before or after the coming into operation hereof and shall be deemed to have been leave taken and granted hereunder in the case of leave with pay to the extent of the period of such leave and in the case of payment in lieu thereof to the extent of a period of leave with pay equivalent thereof of the entitlement of the worker hereunder.

7.—Records to be Kept (1) Each employer shall, during the employment and for

a period of twelve months thereafter, or in the case of termination by death of the worker for a period of three years thereafter, keep a record from which can be readily ascertained the name of each worker, and his occupation, the date of the commencement of his employment and his entitlement to long service leave and any leave which may have been granted to him or in respect of which payment may have teen made hereunder.

(2) Such record shall be open for inspection in the manner and circumstances prescribed by this award (or agreement) with respect to the time and wages record.

8.—Special Board of Reference (1) There shall be constituted a Special Board of

Reference for the purpose hereof to which all disputes and matters arising hereunder shall be referred and the Board shall determine all such disputes and matters.

(2) There shall be assigned to such Board the functions of—

(a) the settlement of disputes of any matters arising hereunder;

(b) the determination of such matters as are specifically assigned to it hereunder.

(3) The Board of Reference shall consist of one representative or substitute therefore nominated from time to time by the Confederation of Western Australian Industry (Incorporated) and one representative or substitute nominated from time to time by the Trades and Labor Council of Western Australia together with a chairman to be mutually agreed upon by the organisations named in this paragraph.

9.—State Law (1) The provisions of any State Law to the extent to which

they have before the coming into operation hereof conferred an accrued right on a worker to be granted a period of long service leave in respect of a completed period of fifteen or more years' service or employment or an accrued right on a worker or his personal representative to payment in respect of long service leave shall not be affected hereby and shall not be deemed to be inconsistent with the provisions hereof.

(2) The entitlement of any such worker to leave in respect of a period of service with the employer completed after the period in respect of which the long service leave referred to in paragraph (1) of this subclause accrued due shall be in accordance herewith.

(3) Subject to paragraphs (1) and (2) of this subclause, the entitlement to leave hereunder shall be in substitution for and satisfaction of any long service leave to which the worker may be entitled in respect of employment of the worker by the employer.

(4) An employer who under any State Law with regard to long service leave is exempted from the provisions of that law as at the first day of April, 1958, shall in respect of the workers covered by such exemptions be exempt from the provisions hereof.

10.—Exemptions The Special Board of Reference may subject to such

conditions as it thinks fit exempt any employer from the provisions hereof in respect of its employees where there is an existing or prospective long service scheme which, in its opinion, is, viewed as a whole, more favourable for the whole of the employees of that employer than the provision hereof.

27.—Payment of Wages—38 Hour Week. (1) Each worker shall be paid the appropriate rate shown

in Clause 22.—Rates of Pay of this award. Subject to subclause (2) of this clause payment shall be pro-rata where less than the full week is worked.

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

(a) Actual 38 ordinary hours In the case of a worker whose ordinary hours of work are arranged in accordance with paragraph (a) or (b) of subclause (1) of Section B— Implementation of 38 Hour Week of Clause 5.—Hours so that he works 38 ordinary hours each week, wages shall be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight.

(b) Average of 38 ordinary hours Subject to subclauses (3) and (4) hereof, in the case of worker whose ordinary hours of work are arranged in accordance with paragraph (c) or (d) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 5.—Hours so that he works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly or fortnightly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.

SPECIAL NOTE—EXPLANATION OF AVERAGING SYSTEM:

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


fluctuating wage payments each week. An explanation of the averaging system of paying wages is set out Wow:

(i) Section B—Implementation of 38 Hour Week of Clause 5.—Hours in suWause (1) paragraphs (c) and (d) provides that in implementing a 38 hour week the ordinary hours of a worker may be arranged so that he is entitled to a day off, on a fixed day or rostered day basis, during each work cycle. It is in these circumstances that the averaging system would apply.

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

(iii) In such a case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the worker shall be the average weekly wage rates set out for the worker's classification in Clause 22.—Rates of Pay of this award, and shall be paid each week even though more or less than 38 ordinary hours are worked that week.

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

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

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

(3) Absences from Duty (a) A worker whose ordinary hours are arranged in

accordance with paragraph (c) or (d) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 5.—Hours and who is paid wages in accordance with paragraph (a) of subclause (2) hereof and is absent from duty (other than on annual leave, long service leave, holidays prescribed under this award, paid sick leave, workers' compensation or bereavement leave) shall, for each day he is so absent, lose average pay for that day calculated by dividing his average weekly wage rate by 5. A worker who is so absent from duty for part of a day shall lose average pay for each hour he is absent by dividing his average daily pay rate by 8.

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

The amount by which a worker's average weekly pay will be reduced when he is absent from duty (other than on annual leave, long service leave, holidays prescribed under this award, paid sick leave, workers' compensation or bereavement leave) is to be calculated as follows: Tbtal of "credits" not x average weekly pay

accrued during cycle 3g

Examples (A worker's ordinary hours are arranged so that he works eight ordinary hours on five days of each week for three weeks and eight ordinary hours on four days of the fourth week.) (i) Employee takes one day off without authorisation in first week of cycle. Week of Payment Cycle 1st week = average weekly pay

less one day's pay (ie. l/5th) 2nd and 3rd = average weekly pay each week weeks 4th week = average pay

less credit not accrued on day of absence

= average pay less 0.4 hours x average weekly pay _

(ii) Employee takes each of the four days off without authorisation in the fourth week. Week of Payment Cycle 1st, 2nd and = average pay each week 3rd weeks 4th week = average pay

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

= l/5th average pay less 4 x 0.4 hours x average weekly pay

38 = l/5th average pay

less 1.6 hours x average weekly pay

—

(4) Alternative Method of Payment An alternative method of paying wages to that prescribed

by subclauses (2) and (3) of this clause may be agreed between the employer and the majority of the employees concerned.

(5) Day Off Coinciding with Pay Day In the event that a worker, by virtue of the anrangement

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

(6) Method of Payment. The employee may be paid wages by cheque or electronic

funds transfer (after discussion with the employees concerned) provided that the employer in agreement with the employees and Union may specify a limited number of sources into which the funds may be transferred. Where

INDUSTRIAL GAZETTE 74 W.AJ

shall include a total of credits accrued during the work cycle as detailed in the Special Note following paragraph (b) of subclause (2) of this clause.

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

(8) Details of Payments to be Given Where a worker requests his employer to state in writing

i except where an allowance is paid in accordance with subclause (2) of this clause.

a

1 i 3

Util N jbT m Mini

allowance not less favourable to the employee. (b) Where an employee in the course of a journey travels

through two or more of the separate areas, payment at the rates prescribed herein shall be made at the appropriate rate applicable to each of the separate areas traversed.

(c) A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next following.

Rates of Hire for use of employee's own vehicle on employer's business:

unless the worker has authonsed such deduction in writing.

28.—Part-time Workers. (1) Notwithstanding anything contained in this award,

workers may be regularly employed to work less hours per week than are prescribed in Clause 5 hereof, and such workers shall be remunerated at a weekly rate pro rate to the rate prescribed for the class of work on which they are engaged in the proportion which their hours of work bear to the. hours fixed by Clause 5 hereof for their class of work.

(2) When a worker is employed under the provisions of this clause, he shall receive payments for wages, for annual leave, for holidays and for sick leave on a pro rate basis in the same proportion as the number of hours regularly worked each week bears to forty hours.

29.—Bereavement Leave. A worker shall, on the death within Australia of a spouse,

de facto spouse, parent, parent-in-law, brother, sister, child or step-child, be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the worker in two ordinary working days. Proof of such death shall be furnished by the worker to the satisfaction of his/her

Provided that payment in respect of bereavement leave is to be made only where the worker otherwise would have been on duty and shall not be granted in any case where the worker concerned would have been off duty in accordance with his/her roster, or on long service leave, annual leave, sick leave, workers' compensation, leave without pay or on

30.—First Aid. Adequate first aid provision shall be made in all

Liberty is reserved for the term of this award to the Union to apply to amend with respect to :—

(1) Annual Leave (2) Sick Leave (3) Meal Money (4) Shift Work (5) Protective Clothing

33.—Maternity Leave. (1) Eligibility for Maternity Leave.

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

For the puiposes of this clause: (a) a worker shall include a part-time worker but shall

not include a worker engaged upon casual or seasonal work.

(b) Maternity leave shall mean unpaid maternity leave.

(2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) hereof the period of

maternity leave shall be for an unbroken period of from twelve to 52 weeks and shall include a period of six weeks' compulsory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement

(b) a worker shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her

iployer s

74 W.A.I.G.

35.—Superannuation. (1) Employer Contributions:

(a) An employer shall contribute 3% of ordinary time earnings per eligible employee into one of the following Approved Superannuation Funds:

(i) Westscheme; or (ii) an exempted Fund allowed by subclause (4)

of this clause; or (iii) any other approved occupational fund to

which an employer or employee who is a member of the religious fellowship known as Brethren elects to contribute.

(b) Except where the Trust Deed provides otherwise employer contributions shall be paid on a monthly basis for each week of service that the eligible employee completes with the employer.

(c) No contributions shall be made for periods of unpaid leave, or unauthorised absences in excess of 38 ordinary hours or for periods of workers' compensation in excess of 52 weeks. No contributions shall be made in respect of annual leave paid out on termination or any other payments on tenninations.

(2) Fund Membership: (a) Contributions in accordance with subclause (1)

—Employer Contributions of this clause, shall be calculated by the employer on behalf of each employee from the date one month after the employee commences employment, unless the employee fails to return a completed application to join the Fund and the employer has complied with the following:

(i) the employer shall provide the employee with an application to join the Fund and documentation explaining the Fund within one week of employment commencing.

(ii) If the employee fails to return to the employer a completed application to join the Fund within two weeks of receipt, the employer shall send to the employee by certified mail, a letter setting out relevant superannuation information, the letter of denial set out in subclause (6) of this clause and an application to join the Fund.

(iii) Where the employee completes and returns the letter of denial, no contribution need be made on that employee's behalf.

(iv) Where the employee completes and returns neither the application to join the Fund nor the letter of denial within one week of postage, the employer shall advise either the Union or the Fund Administrator in writing of the employee's failure to return the completed form.

(v) From two weeks following the employer's advice pursuant to paragraph (iv) should the employee not have returned the completed form the employer shall be under no obligation to make superannuation payments on behalf of that employee. Provided that if at any time an employee returns a signed application form, notwithstanding a previous failure to return such form or the return of a letter of denial, the employer shall make contributions on behalf of that employee from the date of return of the signed application form.

(b) Part-time employees shall not be entitled to receive the employer contribution mentioned in subclause (1) —Employer Contributions of this clause, unless they work a minimum of 12 hours per week.

(c) Casual employees who are employed for 32 consecutive working days or less shall not be entitled to the benefits of this clause.

(3) Definitions: "Approved Fund" shall mean any Fund which complies

with the Australian Government's Operational Standards for Occupational Superannuation.

"Ordinary time earnings" shall mean the salary, wage or other remuneration regularly received by the employee in respect of the time worked in ordinary hours and shall include shift work penalties, payments which are made for the purpose of District or Location Allowances or any other rate paid for all purposes of the award to which the employee is entitled for ordinary hours of work. Provided that "ordinary time earnings" shall not include any payment which is for vehicle allowances, fares or travelling time allowances (including payments made for travelling related to distant work) , commission or bonus.

(4) Exemptions: Exemptions from the requirements of this clause shall apply to an employer who at the date of this Order: (a) was contributing to a Superannuation Fund, in

accordance with an Older of an industrial tribunal; or

(b) was contributing to a Superannuation Fund, in accordance with an Order or Award of an industrial tribunal, for a majority of employees and makes payment for employees covered by this award in accordance with that Order or Award; or

(c) subject to notification to the Union, was contributing to a Superannuation Fund for employees covered by this award where such payments are not made pursuant to an Order of an industrial tribunal; or

(d) was not contributing to a Superannuation Fund for employees covered by this award; and

(i) written notice of the proposed alternative Superannuation Fund is given to the Union; and

(ii) contributions and benefits of the proposed alternative Superannuation Fund are no less than those provided by this clause; and

(iii) within one month of the notice prescribed in paragraph (i) being given, the Union has not challenged the suitability of the proposed Fund by notifying the Western Australian Industrial Relations Commission of a dispute.

(5) Operative Date: This clause shall operate from the beginning of the first pay period commencing on or after 1st July, 1989.

(6) Letter of Denial: The letter of denial shall be in the following form:

"To (employer) I have received an application for membership of the non-contributoiy Superannuation Fund an understand: (1) that should I sign such form you will make

contributions on by behalf; and (2) that I am not required to make contributions

of my own; and (3) that no deductions will be made from my

wages for superannuation without my consent. However, I do not wish to be a member of the Fund or have contributions made on my behalf.

(Signature)

(Name)

(Address)

(Classification)

(1) Duration: It is agreed between the parties that a trial period of nine months shall operate from the first pay period to commence on or after 18 September.

(2) Objective: The objective of this trial period is—

to enable all parties to the award to familiarise themselves with the new wage classification and definition structure with a view to finalisation of the relativities at the conclusion of the trial period; for each plant or establishment to apply the new classification and definition structure set out in this Appendix in place of existing arrangements as defined in Clause 22.—Rates of Pay and Clause 24.—Definitions.

Relativity to Grade 6— Tradesper-

son Production Trainee—Grade 1 78% A new employee in the first 3 months of full time permanent employment who performs routine duties whilst working under direct supervision and undergoing training to enable them to work at the Grade 2 level. Training

— Undertakes induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout and processes, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance, timekeeping, housekeeping;

— Training on any one or several of specific tasks encompassed in Grade 2.

— Maintains simple records. — Carries out simple manual processes

that require limited judgement.

Training Shall have completed all aspects of Grade 1 training including:

— Health and Safety relate tasks to be performed, records, and quality awan to particular processes.

— Quality control procedur the ability to recognise deviations.

— Proficiency and efficiency. — Elementary tasks, skills and proce-

dures.

Machine Attendant—Grade 3 Shall mean an employee classified and appointed as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who in addition to the duties of a Production/Machine Assistant—Grade 2 may be required to regularly carry out any general duties together with the specific duties listed hereunder:

Specific Duties—Grade 3 — Fabrication requiring the reading and

implementation of detail — Machine Operator (incluc

and shut downs for primt turing machines).

— Makes simple machine a — Exercises simple quality

Experience Not less than 6 months experience in Grade 2, unless otherwise agreed.



son Training Shall have completed all aspects of Grade 2 training, including:

— Health and safety related to specific tasks to be performed; timekeeping records, and quality awareness related to particular processes.

— Quality control procedures. — Proficiency and efficiency.

Machine Operator/Setter—Grade 4 87.4% Shall mean an employee classified and appointed as such who is engaged on work in conncection with or incidental to the production and distribution operations of the employer and who in addition to the duties of a Machine Attendant—Grade 3 may be required to regularly carry out the specific duties listed hereunder:

Specific Duties—Grade 4 — Complex machine operation and set-

ting with responsibility for output. — Responsible for minor maintenance. — Quality control. — May be required to keep simple

records. — Capable of supervising small groups

of employees and a number of different types of machines.

Experience Not less than 9 months experience as Grade 3, unless otherwise agreed.

Training Shall have completed all aspects of Grade 3 training including supervision and communication training.

Leading Hand Setter—Grade 5 92.4% Shall mean an employee classified and appointed as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who in addition to the duties of Machine Operator/Setter—Grade 4 may be required to regularly carry out the specific duties listed hereunder:

Specific Duties—Grade 5 — Must be capable of operating and

setting up complex machines to a required level of quality and safety.

— Must be capable of supervising a team of employees operating a group of related machines.

— Must be able to perform the majority of tasks in Grade 3 and 4.

— Must be capable of setting up and controlling machines operated by Grade 2, 3 and 4 employees.

— Must be able to carry out routine maintenance and report on machinery.

— Must be able to assist in the training of operators in Grade 1, 2, 3 and 4.

— Understands and undertakes quality control procedure and be able to exercise an advanced level of judgement.


son — Maintains all records associated with

the particular process and supervision of employees.

— Follows complex instructions and procedures.

Experience Not less than 12 months experience as Grade 4, unless otherwise agreed by the employer. Training Shall have completed all aspects of Grade 4 training including supervision and communication training. Production Systems Controller or Tradesper- 100% son—Grade 6 Production Systems Controller shall mean an employee classified and appointed as such who is engaged on work in connection with or incidentel to the production and distribution operations of the employer and who in addition to the duties of a Leading Hand/Setter—Grade 5 may be required to regularly carry out the duties listed hereunder:

General Duties — Understands and applies quality con-

trol techniques; — Exercises good interpersonal commu-

nications skills; — Exercises discretion with the scope of

this grade; — Exercise keyboard skills at a high

level; — Perform work under general supervi-

sion either individually or in a team environment;

— Is able to inspect products and/or materials for conformity with established operational standards.

Specific Duties — Approves and passes first off samples

and maintains quality of product; — Works from production drawings,

prints or plans; — Operates, sets up and adjusts all

production machinery in a plant including production process welding to the extent of training;

— Can perform a range of engineering maintenance functions;

— Manufacturing operations at a level higher than Grade 5;

— Operate all lifting equipment; — Maintains records; — Production scheduling and materials

handling within the scope of the production process or directly related functions within raw materials/finished goods locations in conjunction with technicians;

— Understands and applies computer techniques as they relate to production process operations;

— High level stores and inventory responsibility;

— Assists in the provision of on the job training in conjuction with tradespersons and trainers;


— Has a sound knowledge of the employee operations as it relates to the production process.

Dated at Perth this 22nd day of August, 1977.

No. 10 of 1973. PURSUANT to section 93(6) of the Industrial Relations Act 1979 the following award has been consolidated and is published hereunder for general information.

Dated at Perth this 28th day of November, 1994. J. CARRIGG,

Registrar.

Sheet Metal Workers' Award No. 10 of 1973.

Award No. 10 of 1973.

1.—Title. This award shall be known as the Sheet Metal Workers'

Award No. 10 of 1973 and replaces Award No. 7 of 1952 as amended.



2.—Arrangement

State Wage Principles December 1993 Arrangement Definitions Scope Hours Wages Adult Minimum Wage Special Rates and Provisions Overtime Payment of Wages Holidays and Annual Leave Under-rate Workers Apprentices Time and Wages Record Tools Junior Workers Contract of Service Absence Through Sickness Tferm Area Junior Workers' Certificate Breakdowns Board of Reference Fares and Travelling Time Car Allowance Distant Work Location Allowances Avoidance of Industrial Disputes Long Service Leave Representatives Interviewing Workers Posting of Award and Union Notices Shift Work Bereavement Leave Supplementary Payments Maternity Leave

35. Part Time Employment 36. Superannuation 37. Training 38. Traineeships

Appendix 1—Classification Structure and Defini- tions First Schedule—Schedule of Respondents Second Schedule—Named Parties to the Award

3.—Definitions. (1) "Sheet metal worker, 1st class" shall mean a worker

required:— (a) to work from blue prints, drawings, or measure-

ments (whichever is required of him) for completed articles and to make the articles throughout; or

(b) to do work, the ability to do which involves the ability to do the work specified in subclause (a).

The expression "blue prints, drawings or measurements" means blue prints, drawings or measurements furnished by the customer to the employer for the purpose of specifying the nature and/or dimensions of the articles ordered or part thereof, or blue prints, drawings or measurements of a similar nature, but the expression does not include drawings, sketches or measurements supplied to the individual workman to understand the nature of and to carry out the work required of him.

(2) "Sheet metal worker, 2nd class" shall mean a tinsmith or sheetmetal worker employed, except as above in manufacturing or partly manufacturing articles out of any class of sheet metal of ten gauge or lighter and including wire work in connection with such articles.

(3) "First Class Sheetmetal Welder" means a tradesman using electric arc or oxy-acetylene or coal gas blow pipe who is required to apply general trade experience as a welder on any work other than :—

(a) cutting scrap metal; or (b) welding with the aid of jigs; or (c) operations specifically mentioned as being the

work of a second or third class sheet metal welder in the definitions of those terms hereunder.

(4) "Second Class Sheetmetal Welder" means a worker who:—

(a) welds with the aid of jigs; or (b) operates automatic welding machines for the

setting up of which he is not responsible (other than machines mentioned in the definitions of third class sheetmetal welder); or

(c) operates a profile cutting or a straight line cutting machine; or

(d) is not a first class sheetmetal welder or a third class sheetmetal welder.

(5) "Third Class Sheetmetal Welder" means a worker using an electric spot, butt-welding or seaming machine or cutting scrap with oxy-acetylene or coal gas blow pipe.

(6) "Spinner, first class" means an adult worker required to make up his own chucks, spin up the job to drawings, measurements or blue prints and/or who applies general trade knowledge and experience to the making of spun articles by jobbing methods.

(7) "Sheetmetal" means sheets of metal, ten gauge or lighter.

(8) "Process worker" means a worker engaged on repetition work on any automatic, semi-automatic or single purpose machine, or any machine fitted with jigs, gauges or other tools rendering operations mechanical or in the assembling of parts of mechanical appliances or other metallic articles so made, or any repetitive hand processes.

(9) "Construction work" means work on site in or in connection with:—

(a) the construction of a large industrial undertaking; (b) any large civil engineering project; (c) the construction or erection of the fifth and

subsequent storeys of any multi-storeyed building


but only until the exterior walls have been erected and the windows completed and a lift made available to carry the worker between the ground floor and the floor upon which he is required to work;

(d) the construction, erection or alteration of any other building, structure or civil engineering project which the employer and the Union or Unions concerned agree or, in the event of disagreement, which the Board of Reference declares to be construction work for the purposes of this award.

(10) "Lagger" means a worker engaged in mixing or fixing lagging on the job including the application of any thermal insulating material by any means and the fixing of protective coverings of canvas, sheet metals, fabrics, plastics, bituminous fibreglass and asbestos felt or other similar materials to such insulation.

(11) "First Class Painter (Sheetmetal)" means a skilled worker who tints, mixes and applies to manufactured products and components, prime and finish coats of all types of paint and chemical coating preparations to specification by means of spray, brush or other method of application.

(12) "Painter (Sheetmetal)" means a worker who applies to manufactured products and components one coat of chemical coating preparation to specification by spray, brush or other method of application.

4.—Scope. This award shall apply to workers employed to do work

in galvanised iron, sheet-tin and other sheet metal, including stove and oven making and repairing, canister making, gas meter making and repairing, manufacture of metal furniture, making and repairing circulating radiators. Porcelain En- amelling wet and dry.

5.—Hours. (1) (a) The provisions of this subclause apply to all

employees other than those engaged on continuous shift work.

(b) Subject to the provisions of subclauses (3) and (4) of this clause the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases.

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

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

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

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

(v) For the purposes of paragraph (g) of subclause (3) any other work cycle during which a weekly average of 38 ordinary hours are worked as may be agreed in accordance with paragraph (g) of subclause (3).

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

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

(e) The ordinary hours of work prescribed herein shall not exceed 10 on any day. Provided that—

(i) in any arrangement of ordinary working hours on any day, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant, section or sections concerned; and

(ii) by arrangement between the employer and the majority of employees in the plant, section or sections concerned, ordinary hours, not exceeding 12 on any day, may be worked subject to— (aa) the employer and the employees concerned

being guided by the Occupational Health and Safety provisions of the ACTU Code of Conduct on 12 Hour Shifts (as exhibited in the Western Australian Industrial Relations Commission on 11 April 1990);

(bb) proper health monitoring procedures being introduced;

(cc) suitable roster arrangements being made; and (dd) proper supervision being provided.

(iii) Subject to the provisions of subparagraphs (i) and (ii) hereof, 12 hour shifts may be worked provided the employer has given the relevant union or unions concerned notice in writing that such shifts are to be worked.

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

(i) An employee shall not be compelled to work for more than five hours without a meal interval except where an alternative arrangement is entered into as a result of discussions as provided for in subclause (4) of this clause.

(ii) By arrangement between an employer and the majority of employees in the plant, section or sections concerned, an employee or employees may be required to work in excess of five hours, but not more than six, at ordinary rates of pay without a meal break.

(iii) The time of taking a scheduled meal break or rest break by one or more employees may be altered by the employer if it is necessary to do so in order to meet a requirement for continuity of operations.

(iv) An employer may stagger the time of taking a meal or rest break to meet operational requirements.

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

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

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

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

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

(v) In an establishment in which the majority of employees are not subject to this award, the provisions of this paragraph do not apply but any employee to whom this award applies shall be entitled to the rest period, if any, which may be allowed to the aforesaid majority.

(vi) On construction work on which the majority of employees are employed under this award, in addition to the rest period referred to in this paragraph but subject to the same conditions, a rest period of seven minutes shall be allowed as soon as possible after the end of the second hours' work following the meal interval unless the employees concerned prefer to do without such rest period, but the provisions of this paragraph only apply to an employee on any day on which he is required for overtime for half an hour or more immediately following his ordinary finishing time.

74 W.A.I.G.

(h) (i) In an establish employees are not subjt working hours of an e maintenance work may be noon, inclusive, but only

(aa) the employee is quarter for ordin to 12.00 noon;

(bb) the ordinary hoi include work or

(cc) the business of t

(t) In the week commencing on the Monday immediately seeding Good Friday, the ordinary working hours of any

employee employed by an employer who is bound by an Award applying to Shop Assistants in the area in which the business is carried on, shall be increased on each of the days Monday to Thursday inclusive by l/5th of the ordinary hours usually worked by that employee on the Saturday following Good Friday.

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

(b) Subject to the provisions of subclauses (3) and (4) of this clause the ordinary hours of continuous shift employees shall average 38 per week (inclusive of crib time) and shall not exceed 152 hours in twenty-eight consecutive days.

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

(c) The ordinary hours of work prescribed herein shall not ceed 10 on any day. Provided that—

(i) in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant, section or sections concerned; and

(ii) by agreement between the employer and the majority of employees in the plant, section or sections concerned, ordinary hours, not exceeding 12 on any day, may be worked subject to— (aa) the employer and the employees concerned

being guided by the Occupational Health and Safety provisions of the ACTU Code of Conduct on 12 Hour Shifts (as exhibited in the Western Australian Industrial Relations Commission on 11 April 1990);

3er health monitorine

arrangements being made; and ision being provided, isions of subparagraphs (i) and shifts may be worked provided given the relevant union or

otice in writing that such shifts

led in paragraph (d) of this iplementation of the 38 hour following:—

dng less than 8 ordinary hours

of the union concerned or deputy, at w a conference of the parties shall be

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

(d) Different methods of implementation of week may apply to various groups or sections of i in the plant or establishment concerned.

Except as provided in paragraphs (f) and ( subclause in cases where, by virtue of the arran ordinary hours an employee, in accordance witi graph (iii) and (iv) of paragraph (a) of this sul entitled to a day off duty during the work cycle, employee shall be advised by the employer at weeks in advance of the day to be taken off dut

and the majority of employees in the plant or

(f) (i) An employer, with the agreement of th of employees concerned, may substitute thi employee is to take off in accordance with sub] (iii) and (iv) of paragraphs (a) of subclause (3) 1 another day in the case of a breakdown in mad failure or shortage of electric power or to requirements of the business in the event of rusl some other emergency situation.

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

(g) Flexibility in relation to rostered days off.

organised in accordance with subparagraphs (m) and (iv) of paragraph (a) of this subclause an employer, the union or unions concerned and the majority of employees in the establishment, plant, section or sections concerned may agree to accrue up to a maximum of five (5) rostered days off in special circumstances such as where there are regular and substantial fluctuations in production requirements in any year.

Where such agreement has been reached the accrued rostered days off must be taken within 12 months from the date of agreement and each 12 months thereafter.

It is understood between the parties that the involvement

74 W.A.I.G.

cases where it or they have members in the plants concerned and not in non-union establishments.

(4) (a) Procedures shall be established for in-plant discussions, the objective being to agree on the method of implementing a 38 hour week in accordance with this clause and shall entail an objective review of current practices to establish where improvements can be made and imple-

(b) The procedures should allow for in-plant discussions to continue even though all matters may not be resolved by May 17, 1982.

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

(d) The procedures should allow for the monitoring of agreements and understandings reached in-plant.

(e) In cases where agreement cannot be reached in-plant in the first instance or where problems arise after initial agreements or understandings have been achieved in-plant, a formal monitoring procedure shall apply. The basic steps in this procedure shall be as applies with respect to special, anomalous or extraordinary problems as prescribed in paragraph (c) of subclause (3) of this clause.

6.—Wages.

The minimum rates of wages payable per week to workers under this award shall be as follows:—

(1) (a) Sheet Metal Section: € 10 Sheetmetal employee—1st Class C 11 Spinner (1st Class) C 12 Sheetmetal employee—2nd Class

4th and 5th 6 months' experience

C 13 Press Operator (Heavy) Solderer and Dipper Press Operator (Light) Drop Hammer Stamper Guttering Machinist Power Machinist (not Otherwise Specified) Spinner (Other) Process employee Lagger—

1st six months' experience 2nd and 3rd six months' experience

(b) Canister Making Section: C 11 Quality Control Checker (J.

Gadsden Pty Ltd) C 12 Die Setter and/or Machine Setter

and/or Leading Press Hand C 13 Canister Maker by Hand and Riv-

eter by Hand Solderer and Dipper Operator of other Power Presses and other Power Machines Cap Solderer

(c) C 12 Stove and Range Fitter and Assem- bler

(d) Painting Section: C 10 1st Class Painter (Sheetmetal) € 13 Painter (Sheetmetal)

(e) C 12 Tool and Material Storeperson (f) Welding Section:

C 10 Welder—1st Class C 12 Welder—2nd Class C 13 Welder—3rd Class

365.20 341.20 327.20

315.90 317.40 316.60 309.20 309.20 307.90 309.20 307.90

307.90 311.60 310.20

310.20

311.70

(g) Galvanising Section: $ C 12 Galvaniser 325.40 C 13 Assistant working over Metal Pot 309.20 C 13 Pickler 309.70

(h) Porcelain Enamelling: Wet—Including Work on Sheetmetal— €12 Fuscr 317.40

Packer and/or Despatcher 320.40 Sand and Shot Blaster 320.40 Sprayer, Grip and/or Colour Coats 317.40

C 13 S wilier, Gripper and Brasher 307.90 Racksman 304.20 Pickler 309.70 Mill Hand and Mixer 309.20 Inspector—First Class 309.20 Inspector—Other 304.20 Fuser's Assistant 309.20 Fuser on Medallions, Badges or Buckles 307.90 Fireman 307.80

Dry: C 10 Duster 365.20 C 12 Duster's Assistant 330.20 C 14 All Others 292.40

(2) Junior Workers—Wage per week expressed as a percentage of the "Process Worker's" rate—

Under 16 years of age 35 16 years of age 45 17 years of age 55 18 years of age 65 19 years of age 78.5 20 years of age 93

For the purpose of this subclause "Process Worker's" rate means the appropriate adult rate prescribed for the classification "Process Worker" in subclause (l)(a) of this clause.

(3) (a) Apprentices (wage per week expressed as a percentage of the award rate for a Sheetmetal Worker—First Class)

Five Year Tferm— % First year 40 Second year 48 Third year 55 Fourth year 75 Fifth tear 88 Four Year Term— First year 42 Second year 55 Third year 75 Fourth year 88 Three and One Half Year Term— First six months 42 Next year 55 Next six months 75 Final year 88

Three Year Term— First year 55 Second year 75 Third year 88

(b) For the purpose of of this subclause the award rate for a Sheetmetal Worker—first class shall be the rate for such a woricer, as is prescribed in subclause (l)(a) of this clause.

(4) Construction Allowance: (a) In addition to the appropriate rate of pay

prescribed in this clause an employee shall be paid—

(i) $29.40 per week if engaged on the construction of a large industrial undertaking or any large civil engineering project.


(ii) $26.50 per week if engaged on a multi- storeyed building, but only until the exterior walls have been erected and the windows completed and a lift made available to carry the employee between the ground floor and the floor upon which he is required to work. A multi-storey building, when completed, will consist of at least five storeys.

(iii) $15.60 per week if engaged otherwise on construction work falling within the definition of construction work in Clause 3.— Definitions of this Award.

(b) Any dispute as to which of the aforesaid allowances apply to particular work shall be determined by the Board of Reference.

(c) An allowance paid under this subclause includes any allowance otherwise payable under Clause 7.—Special Rates and Provisions of this award, except the allowance for work at heights.

(5) Leading Hands: In addition to the appropriate total wage prescribed in this

clause, a leading hand shall be paid: $

(a) if placed in charge of not less than three and not more than ten other employees 16.60

(b) if placed in charge of more than ten and not more than twenty other employees 25.40

(c) if placed in charge of more than twenty other employees 32.70

(6) A casual worker shall be paid twenty per cent of the ordinary rate in addition to the ordinary rate for the calling in which he is employed.

(7) Structural Efficiency: (a) Arising out of the decision of the State Wage Case on

8th September 1989 and in consideration of the wage increases resulting from the first structural efficiency adjustment operative from the commencement of the first pay period beginning on or after 10th October 1989, employees arc to perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.

(b) The parties to this Award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the metal and engineering industry and to enhance the career opportunities and job security of employees in the industry.

(c) At each plant or enterprise a consultative mechanism may be established by the employer, or shall be established upon request by the employees or their relevant union or unions. The consultative mechanism and procedure shall be appropriate to the size, structure and needs of that plant or enterprise. Measures raised by the employer, employees or union or unions for consideration consistent with the objectives of paragraph (b) hereof shall be processed through that consultative mechanism and procedures.

(d) Measures raised for consideration consistent with paragraph (c) hereof shall be related to implementation of the new classification structure, the facilitative provisions contained in this Award and, subject to Clause 37.—Training, of this Award matters concerning training and, subject to paragraph (e) hereof, any other measures consistent with the objectives of paragraph (b) hereof.

(e) Without limiting the rights of either an employer or a union to arbitration, any other measure designed to increase flexibility at the plant or enterprise and sought by any party shall be notified to the Commission and by agreement of the parties involved shall be subject to the following requirements—

(i) the changes sought shall not affect provisions reflecting national standards recognised by

the Western Australian Industrial Relations Commission;

(ii) the majority of employees affected by the change at the plant or enterprise must genuinely agree to the change;

(iii) no employee shall lose income as a result of the change;

(iv) the relevant union or unions must be a party to the agreement;

(v) the relevant union or unions shall not unreasonably oppose any agreement;

(vi) any agreement shall be subject to approval by the Western Australian Industrial Relations Commission and, if approved, shall operate as a schedule to this Award and take precedence over any provision of this Award to the extent of any inconsistency.

(f) Any disputes arising in relation to the implementation of paragraphs (c) and (d) hereof shall be subject to the provisions of Clause 27.—Avoid- ance of Industrial Disputes, of this Award.

6A.—Adult Minimum Wage. Notwithstanding the provisions of this award, no em-

ployee (including an apprentice) twenty-one years of age or over, shall be paid less than $275.50 as the ordinary rate of pay in respect of the ordinary hours of work prescribed by this award, but that minimum rate of pay does not apply where the ordinary rate of pay (including any part thereof payable in addition to the award rate) is not less than $275.50.

Where the said minimum rate of pay is applicable the same rate shall be payable on holidays, during annual leave, sick leave, long service leave, any other leave prescribed by this award and for all purposes of this award.

Notwithstanding the foregoing where in this award an additional rate is prescribed as a percentage, fraction or multiple of the ordinary rate of pay it shall be calculated upon the rate prescribed in this award for the classification in which the employee is employed.

7.—Special Rates and Provisions. (1) Height Money: An employee shall be paid an allowance of $1.57 for each

day work is carried out at a height of 15.5 metres or more above the nearest horizontal plane, but this provision does not apply to linespersons nor to riggers and splicers on ships or buildings.

(2) Dirt Money: An employee shall be paid an allowance of 33 cents per

hour when engaged on work of an unusually dirty nature where clothes are necessarily unduly soiled or damaged or boots are unduly damaged by the nature of the work done.

(3) Grain Dust: Where any dispute arises at a bulk grain handling

installation due to the presence of grain dust in the atmosphere and the Board of Reference determines that employees employed under this award are unduly affected by that dust, the Board may, subject to such conditions as it deems fit to impose, fix an allowance or allowances not exceeding 55 cents per hour.

(4) Confined Space: An employee shall be paid an allowance of 39 cents per

hour when, because of the dimensions of the compartment or space where work is being performed, such employee is required to work in a stooped or otherwise cramped position or without proper ventilation.

(5) Hot Work: An employee shall be paid an allowance of 33 cents per

hour when working in the shade in any place where the temperature is raised by artificial means to between 46.1" and 54.4" Celsius.

(6) (a) Where, in the opinion of the Board of Reference, the conditions under which work is to be performed are, by


(iii) If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double rates until released from duty and shall then be entitled to be absent for such period of ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

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

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

(4) The provisions of this clause do not o require payment of more than double time rs time and a half on a holiday prescribed under any work except and to the extent that the Clause 7.—Special Rates and Provisions of th to that work.

9.—Payment of Wages. (1) Each employee shall be paid the aj

shown in Clause 6.—Wages of this awai subclause (2) of this clause payment shall be j less than the full week is worked.

(2) From the date that a 38 hour we implemented by an employer wages shall be p

(a) Actual 38 ordinary hours In the case of an employee w

hours of work are arranged in ac subparagraph (i) or (ii) of pan eiiHrlnncA nf flsnie#* 5! Hnnrs


m i crue under Ms system is 0,4 hours on 19 days; that is, a total of 7 hours 36 minutes,

(iv) As provided in subclause (3) of Ms clause, an employee will not accrue a "credit" for each day the employee is absent from duty other than on annual leave, long service leave, holidays prescribed under Ms award, paid sick leave, workers' compensation or bereavement leave.

(3) Absences from Duty (a) An employee whose ordinary hours are arranged in

accordance with subparagraph (iii) or (iv) of paragraph (a) of subclause (3) of Clause 5.—Hours of this award and who is paid wages in accordance with paragraph (a) of subclause (2) hereof and is absent from duty (other than on annual leave, long service leave, holidays prescribed under Ms award, paid sick leave, workers' compensation or bereavement leave) shall, for each day the employee is so absent. ■ ftli/ss IKViSTII ■ w fSfi! Ki fsTt H ikVTi (TiliB I ITsi employee's average weekly wage rate by 5.

An employee who is so absent from duty for part of a day

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compensation or bereavement leave) is to be calculated as follows:

Tbtal of "credits" not _ average weekly pay accrued during cycle x Jg

Examples (An employee's ordinary hours are arranged so that the

employee works 8 ordinary hours on five days of each week for 3 weeks and 8 ordinary hours on four days of the fourth week).

1. Employee takes one day off without authorisation in first week of cycle. Week of Payment Cycle 1st week = average weekly pay less one day's pay (ie.

l/5th)

(4) Alternative Method of Payment An alternative method of paying wages to that prescribed

by subclauses (2) and (3) of this clause may be agreed between the employer and the majority of the employees concerned.

(5) Day Off Coinciding with Pay Day In the event that an employee, by virtue of the

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

(6) Payment by cheque or electronic fund transfer.

into the employee's bank (or other recognised financial institution) account. Notwithstanding Ms provision, if the

HI unit A' wiEA •25

y on aue ro me employee aunng me wonc cycie in wmcn me employment is terminated, the wages due to that employee shall include a total of credits accrued during the work cycle as detailed in the Special Note following paragraph (b) of subclause (2) of Ms clause.

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

(8) Details of Payments to be Given Where an employee requests the employer to state in

writing with respect to each week's wages the amount of wages to which the employee is entitled, the amount of deductions made therefrom, the net amount being paid, and the number of hours worked, the employer shall do so not less than two hours before the employee is paid.

(9) Calculation of Hourly Rate Except as provided in subclause (3) of Ms clause the

shall subject to this subclause and to paragraph (c) of

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subclause (1) of clause 8.—Overtime of this award, be allowed as holidays without deduction of pay namely—

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

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

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

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

(3) (a) Except as hereinafter provided a period of four consecutive weeks leave with payment as prescribed in paragraph (b) shall be allowed annually to a worker by his

with that employer. (b) (i) A worker before going on leave shall be paid wages

he would have received in respect of the ordinary time he would have worked had he not been on leave during the relevant period.

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

(aa) The rate applicable to him as prescribed in clause 6 Wages of this award and the rates prescribed by subclauses (6) and (7) of clause 7—Special Rates and Provisions and clause 26—Location Allow- ances of this award and;

(bb) Subject to paragraph (c)(ii) hereof the rate prescribed for work in ordinary time by clause 31—Shift Work of this award according to the worker's roster or projected roster, including Saturday and Sunday shifts;

(cc) Any other rate to which the worker is entitled in accordance with his contract of employment for

fiT iiV iT1T TH11 T'i 1 m Ulillll «T«y*Kl»KT[iIii7l»

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the said regularly rostered sixth shift shall be added to the rate of wage prescribed by paragraph (b)(ii)(aa) hereof in lieu of the 1772% loading.

Provided further, that if the shift loadings and, if applicable, the payment for the said regularly rostered sixth shift would have entitled the

added to the rate of wage prescribed by paragraph (b) but not including paragraph (b)(ii)(bb) hereof in lieu of the shift loadings and the said payment,

(iii) Where annual leave is taken in accordance with paragraph (b) of subclause (10) of this clause, the loading referred to in this subclause shall be paid regardless of length of service.

Except as prescribed in subclause (5) hereof, the loading prescribed by this paragraph shall not apply to proportionate leave on termination.

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

(5) (a) A worker whose employment terminates after he

has not been allowed the leave prescribed under this clause in respect of that qualifying period shall be given payment in lieu of that leave or, in a case to which subclauses (8), (10) or (11) of this clause applies, in lieu of so much of that leave as has not been allowed unless:—

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

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

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

(6) Any time in respect of which a worker is absent from work, except time for which he is entitled to claim sick pay or time spent on holidays or annual leave, as prescribed by

11 J Hi Wt'll J «iWH »2«i 11 l£a«* 911U Itrre

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regularly rostered sixth shift in not more than one week in any four weeks had the employee not been on leave during the relevant period and such

amam (b) An

separate penoos one 01 mose penoas sn a period of at least three consecutiv Provided that where the majority of the in the business or section or sections c agree, the employer may close down his in accordance with this subclausc in twe periods neither of which is of at le consecutive weeks, or in three separate p such cases the employer shall advise th( concerned of the proposed date of each cl before asking them for their agreement.

(11) (a) An employer may close down the busii section or sections thereof, for a period of at Is consecutive weeks and grant the balance of the am due to an employee in one continuous period in at with a roster. Provided that by agreement with the of employees concerned, an employer may close plant for a period of at least 14 consecutive days non-working days and grant the balance of the am due to an employee by mutual arrangement.

(b) An employer may close down his busin section or sections thereof for a period of less t consecutive weeks and allow the balance of the am due to a worker in one or two continuous periods, which may be in accordance with a roster. In su the granting and taking of annual leave shall be s the agreement of the employer and the majori! workers in the business, or a section or section respectively and before asking the workers cone their agreement, the employer shall advise thei proposed date of the close down or close dowm

n.—unaer-Kaie woncers. ) Any worker who by reason of old age or infirmity is ile to earn the minimum wage may be paid such lesser e as may from time to time be agreed upon in writing 'een the Union and the employer. ) In the event of no agreement being arrived at, the er may be referred to the Board of Reference for rmination. ) After application has been made to the Board, and ling the Board's decision the worker shall be entitled to c for and be employed at the proposed lesser rate.

12.—Apprentices. ) The employment of apprentices shall be governed by jrovisions of the Apprenticeship Regulations 1972. ) Apprentices may be taken to shectmetal working (1st s) metal spinning (1st Class), first class welding and class painting (Sheetmetal). ) The maximum number of apprentices allowed to any loyer shall be in the proportion of one apprentice to y two or fraction of two journeymen employed by him. ided that the fraction of two shall not be less than one. ided further than in an "approved" shop or factory the ortion shall be one apprentice for eveiy one joumey- i For the purpose of this proviso an "approved" shop ctory shall be one to which approval (as regards one or ; particular trades) has been riven bv the Board of

IK!

m •mil Commission such periods are reduced or deemed to have been commenced prior to the date of the agreement, provided that—

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15.—Junior Workers. (1) Unapprenticed juniors may be employed in all

17—Absei tofholida; ons of this

w ouojeci 10 me provisions or mis clause a party to a contract of service may, on any day, give to the other party the appropriate period of notice of termination of the contract prescribed in subclause (5) of this clause and the contract terminates when that period expires.

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

(4) (a) Where a worker leaves his employment— (i) without giving the notice referred to in subclause

(2) of this clause; or (ii) having given such notice, before the notice expires

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

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

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

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

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

(a) in the case of a casual worker, one hour; (b) in any other case—

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

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

(6) In lieu of giving the notice referred to in subclause (2) of this clause an employer shall, in the case of a worker who has been engaged solely for construction work and who has completed one months' service with that employer, give notice to the worker on the day on the day on which the contract of service is to end and pay the worker one week's ordinary wages; Provided that where a worker, having been offered and refused further employment at another site with the same employer, subsequently, within a fortnight of such refusal, applies to that employer for employment and is engaged to work at that other site, the one week's wages paid to him under this subclause shall be credited towards payment of any moneys due in his new employment.

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

(b) A worker shall, for the purpose of this award, be deemed to be a casual worker—

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

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

a) An emp — r-ce of empL, by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the provisions of this clause.

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

An employee whose ordinary hours of work are arranged in accordance with subparagraph (i) or (ii) of paragraph (a) of subclause (3) of Clause 5.—Hours so that the employee actually works 38 ordinary hours each week shall be entitled to payment during such absence for the actual ordinary hours absent.

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

An employee whose ordinary hours of work are arranged in accordance with subparagraph (iii) or (iv) of paragraph (a) of subclause (3) of Clause 5.—Hours so that the employee works an average of 38 ordinary hours each week during a particular work cycle shall be entitled to pay during such absence calculated as follows:

duration of absence appropriate weekly rate

ordinary hours normally 5 worked that day

An employee shall not be entitled to claim payment for personal ill health or injury nor will the employee's sick leave entitlement be reduced if such ill health or injury occurs on the week day the employee is to take off duty in accordance with subparagraph (iii) or (iv) of paragraph (a) of subclause (3) of Clause 5.—Hours of this award.

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

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

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

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

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

(4) The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to

mill

r WESTERN AUSTRALIAN INDUSTRIAL GAZETTE

(ii) On places of work beyond a radius of three kilometres but within a radius of 21 kilometres from such Post Office—$1.60 per day.

(iii) For each additional kilometre up to 53 kilometres—6.4 cents per kilometre.

(e) Where transport to and from the job is provided by the employer from and to his depot or such other place more convenient to the worker as is 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 provided with suitable seating and weatherproof covering.

(3) For travelling during working hours from and to the employer's place of business or from one job to another a worker shall be paid by the employer at ordinary rates. The employer shall pay all fares and reasonable expenses in connection with such travelling.

(4) Where clause 25 Distant Work of this award applies to the majority of the workers employed under this award on any construction work, the provisions of this clause do not apply but the provisions of subclause (7) of the said clause 25 shall be applied to each worker as if he were supplied with board and lodging.

24.—Car Allowance. (1) Where a worker is required and authorised to use his

own motor vehicle in the course of his duties, he shall be paid an allowance not less than that provided for in the table set out hereunder. Notwithstanding anything contained in this subclause the employer and the worker may make any other arrangement as to car allowance not less favourable to the worker.

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

Rates of Hire for Use of Worker's Own Vehicle on Employer's Business—Cents per kilometre.

1. South of 26 degrees south latitude— Area and Details:

Metropolitan area—12 cents South West Land Division—12.5 cents Other areas—13.0 cents

2. North of 26 degrees south latitude— All areas—14.5 cents

25.—Distant Work. (1) Where a worker is engaged or selected or advised by

an employer to proceed to construction work at such a distance that he cannot return to his home each night and the worker does so, the employer shall provide the worker with suitable board and lodging or shall pay the expenses reasonably incurred by the woricer for board and lodging.

(2) The provisions of subclause (1) of this clause do not apply with respect to any period during which the worker is absent from work without reasonable excuse and in such a case, where the board and lodging is supplied by the employer, he may deduct from moneys owing or which may become owing to the worker an amount equivalent to the value of that board and lodging for the period of the absence.

(3) Subject to the provisions of subclause (5) of this clause—

(a) the employer shall pay all reasonable expenses including fares, transport of tools, meals and if necessary, suitable overnight accommodation incurred by a worker or person engaged who is directed by his employer to proceed to the locality of the site and who complies with such direction.

(b) the worker shall be paid at ordinary rate of payment for the time up to a maximum of eight hours in any one day incurred in travelling pursuant to the employer's direction.

(4) Where a worker who, after one month of employment with an employer, leaves his employment, or whose employment is terminated by his employer except for

incompetency, within one working week of his commencing work on the job or for misconduct and in either instance subject to the provisions of Clause 16—Contract of Service of this award returns to the place from whence he first proceeded to the locality, or to a place less distant than or equidistant to the place whence he first proceeded, the employer shall pay all expenses—including fares, transport of tools, meals and, if necessary, suitable overnight accommodation—incurred by the worker in so returning. Provided that the employer shall in no case be liable to pay a greater amount under this subclause than he would have paid if the worker had returned to the locality from which he first proceeded to the job.

(5) On construction work north of the 26th parallel of South Latitude the following provisions apply—

(a) The employer may deduct the amount of the forward fare from the worker's first or later wages but the amount so deducted shall be refunded to the worker if he continues to work for three months, or, if the work ceases sooner, for so long as the work continues.

(b) If the worker continues to work for the employer for at least six months the employer shall, on termination of the worker's engagement, pay the fare of the worker back from the place of work to the place of engagement if the worker so desires.

(6) An employee to whom the provisions of subclause (1) of this clause apply shall be paid an allowance of $16.80 for any weekend that he/she returns to his/her home from the job but only if—

(a) the employer or his/her agent is advised of the intention not later than the Hiesday immediately preceding the weekend in which the employee so returns;

(b) the employee is not required for work during that weekend;

(c) the employee returns to the job on the first working day following the weekend; and

(d) the employer does not provide or offer to provide suitable transport.

(6A) (1) Notwithstanding any other provisions contained in this clause and in lieu of any such provisions the following conditions shall apply to a worker who is engaged or selected or advised by an employer to proceed to construction work at such distance that he cannot return to his home each night and where such construction work is located north of the 26th parallel of south latitude or in any other area to which air transport is the only practicable means of travel: (a) A worker may return to his home or to Perth

or to any other place at a weekend to be mutually agreed upon between the worker and his employer:

(i) After four continuous months service with his employer; and in addition to the weekend the worker shall be entitled to two days leave on ordinary pay subject to the provisions of paragraph (b) hereof, and

(ii) After each further period of four months continuous service with his employer, and in addition to the weekend, the worker shall be entitled to two days leave, one of which days shall be on ordinary pay subject to the provisions of paragraph (b) hereof.

(b) Where a worker returns home or to Perth or any other place in accordance with the provisions of this subclause and returns to the job and commences work at the time arranged with his employer, on the first working day for that worker immediately following the period of leave referred to in paragraph (a) hereof, that worker shall be paid at the completion of the first pay period

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11 *i| claim payment pursuant to Clause 17.—Absence through Sickness or time spent on holidays pursuant to subclause (1) of Clause 10.—Holidays and Annual Leave shall not count for determining his rights to travel and leave under the provisions

by his employer, is required to live more than 800 metres IIS# IKIIKlf

11

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prescribed in subclause (1) of this clause. The provisions of paragraph (b) of this subclause shall

have effect on and from the 24th day of July 1990.

but on 31 December 1987 was in receipt of an amount in excess of that under General Order 603 en higher rate until 1 July 1988 when the difference between

on 1 January 1989 shall be reduced by 50% from that date and payment in accordance with subclause (2) of this clause will be implemented on 1 July 1989.

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leave he/she remains in the location in which he/she is employed.

(8) For the purposes of this clause: (a) "Dependant" shall mean—

(i) a spouse or defacto spouse; or (ii) a child where there is no spouse or defacto

spouse; who does not receive a district or location allowance.

(b) "Partial Dependant'' shall mean a "dependant" as prescribed in paragraph (a) of this subclause who receives a district or location allowance which is less than the location allowance prescribed in subclause (1) of this clause.

(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) of this clause shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia 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 1 June 1980.

(10) Nothing herein contained shall have the effect of reducing any 'district allowance' payable to any employee subject to the provision of this Award whilst that employee as at 1 June 1980 remains employed by his/her present employer.

(11) Subject to the making of a General Order pursuant to s.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 ten cents.

(12) The allowance prescribed for Argyle is equated to that at Kununurra as an interim allowance. Liberty is reserved to the parties to apply for a review of the allowance for Argyle in the light of changed circumstances occuiring after the date of this Order.

27.—Avoidance of Industrial Dispute. (1) A procedure for the avoidance of industrial disputes

shall apply in establishments covered by this award. The objectives of the procedure shall be to promote the

resolution of disputes by measures based on consultation, co-operation and discussion; to reduce the level of industrial confrontation; and to avoid interruption to the performance of work and the consequential loss of production and wages.

It is acknowledged that in some companies or sectors of the industry, disputes avoidance/settlement procedures are either now in place or in the process of being negotiated and it may be the desire of the immediate parties concerned to pursue those mutually agreed procedures.

(2) In other cases, the following principles shall apply: (a) Depending on the issues involved, the size and

function of the plant or enterprise and the union membership of the employees concerned, a procedure involving up to four stages of discussion shall apply. These are:

(i) discussions between the employee/s concerned (and shop steward if requested) and the immediate supervisors;

(ii) discussions involving the employee/s concerned, the shop steward and the employer representative;

(iii) discussions involving representatives from the state branch of die union(s) concerned and the employer representatives;

(iv) discussions involving senior union officials (state secretary) and the senior management representative(s);

(v) There shall be an opportunity for any party to raise the issue to a higher stage.

(b) There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.

(c) Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.

(d) Sensible time limits shall be allowed for the completion of the various stages of the discussions. At least seven days should be allowed for all stages of the discussions to be finalised.

(e) Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Western Australian Industrial Relations Commission for assistance in resolving the dispute.

(f) In order to allow for the peaceful resolution of grievances the parties shall be committed to avoid stoppages of work, lockouts or any other bans or limitation on the performance of work while the procedures of negotiation and conciliation are being followed.

(g) The employer shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practices at the workplace.


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

29.—Representatives Interviewing Workers. In the event of an industrial dispute existing or anticipated

concerning any of the provisions of this Award the Secretary or an accredited representative of the union shall be permitted on the business premises of the employer during working hours. Provided that such officer shall not wilfully hamper or hinder the workers during their working time and he may interview any worker or converse with him during any lunch hour or non working time.

30.—Posting of Award and Union Notices. The employer shall keep a copy of this award in a

convenient place in the workshop and he shall also provide a notice board for the posting of union notices.

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

whether continuous or otherwise. (2) (a) Shifts may be worked on construction work

provided the employer has given the union notice of the intention to work shifts and the in tented starting and finishing times of ordinary hours of the respective shifts.

(b) An employer may work the establishment on shifts on other than construction work but before doing so shall give notice of the intention to the union or unions concerned and of the intended starting and finishing times of ordinary working hours of the respective shifts.

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

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


consecutive shifts were substituted for five consecutive shifts.

(b) The sequence of work shall not be deemed to be broken under die preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or any other day that the employer observes a shut down for the purpose of allowing a 38 hour week or on any holiday.

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

(4) Where shift work is worked on construction work or by the contractor on commissioning tests for new plant—

(a) the first night shift in ordinary hours in any week shall not commence before Monday night; and

(b) the ordinary hours on each shift shall include crib time not exceeding twenty minutes which shall be taken in relays so as not to cause a stoppage of operations and at times convenient to die employer.

(5) (a) A shift worker engaged on construction work or on commissioning tests for new plant shall, in addition to his ordinary rate, be paid per shift of eight hours, a loading of twenty-five per cent for night shift.

(b) In any other case a shift worker when on afternoon or night shift shall be paid, for such shift fifteen per cent more than his ordinary rate prescribed by this award.

(c) All work performed on a rostered shift, when the major portion of such shift falls on a Saturday, Sunday or a holiday, shall be paid for as follows:

Saturday—at the rate of time and one half Sunday—at the rate of time and three quarters Holidays—at the rate of double time.

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

(6) Where shifts are worked on construction work or on commissioning tests for new plant the day and night shifts may change weekly where there is agreement between the parties.

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

32.—Bereavement Leave. (1) A worker, other than a casual worker, shall, on the

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

(2) Payment in respect of compassionate leave is to be made only where the worker otherwise would have been on duty and shall not be granted in any case where the worker concerned would have been off duty in accordance with any shift roster or on long service leave, annual leave, sick leave, worker's compensation, leave without pay or on a public holiday.

(3) For the purposes of this clause the pay of a worker employed on shift work shall be deemed to include any usual shift allowance.

33.—Supplementary Payments. (1) (a) In addition to the rates payable under the

provisions of this award, other than this provision, an employee, other than an apprentice or junior employee, employed in the classifications set out hereunder shall be paid the supplementary payment prescribed and Safety Net Adjustment.

Classification Wage Safety Net Per Week Adjustment

$ $ Sheetmetal Section: CIO Sheetmetal Employee—

First Class 52.00 8.00 C11 Spinner (First Class) 44.30 8.00 C12 Sheetmetal Employee—Sec-

ond Class Lagger 37.40 8.00 4th and 5th 6 months' expe- 48.70 8.00 rience Thereafter 47.20 8.00 Polisher 48.00 8.00

C13 Press Operator (Heavy) 32.80 8.00 Solderer and Dipper 32.80 8.00 Press Operator (Light) 34.10 8.00 Drop Hammer Stamper 32.80 8.00 Guttering Machinist 34.10 8.00 Power Machinist (Not Oth- erwise Specified) 34.10 8.00 Spinner (Other) 30.40 8.00 Process Employee 31.90 8.00 Lagger—

1st six months' experience 31.90 8.00 2nd and 3rd six months' experience 30.40 8.00

Canister Making Section: Cll Quality Control Checker (J.

Gadsden Pty Ltd) 48.40 8.00 C12 Die Setter and/or Machine

Setter and/or Leading Press Hand 44.40 8.00

C13 Canister Maker by Hand and Riveter by Hand Solderer and Dipper Operator of other Power Presses and other Power Machines Cap Solderer

C12 Stove and Range Fitter and Assembler

Painting Section: C10 First Class Painter (Sheet-

metal) 52.00 8.00 C13 Painter (Sheetmetal) 30.40 8.00 C12 Tool and Material Storeper-

son 41.70 8.00 Welding Section: C10 Welder—First Class 52.00 8.00 C12 Welder—Second Class 48.70 8.00 C13 Welder—Third Class 30.40 8.00 Galvanising Section: C12 Galvaniser 39.20 8.00 C13 Assistant working over 32.80 8.00

Metal Pot C13 Pickler 32.40 8.00 Porcelain Enamelling: Wet, including work on sheetmetal— C12 Fuser 47.20 8.00

Packer and/or Despatcher 44.20 8.00 Sand and Shot Blaster 44.20 8.00 Sprayer, Grip and/or Colour Coats 47.20 8.00

C13 S wilier, Gripper and Brasher 34.10 8.00 Racksman 38.60 8.00 Pickler 32.40 8.00 Mill Hand and Mixer 32.80 8.00 Inspector—First Class 32.80 8.00 Inspector—Other 38.60 8.00 Fuser's Assistant 32.80 8.00


Classification Wage Safety Net Per Week Adjustment

$ $ Fuser on Medallions, Badges or Buckles 34.10 8.00 Fireman 34.10 8.00

Dry— CIO Duster 52.00 8.00 C12 Duster's Assistant 34.40 8.00 C14 All Others 33.00 8.00

(b) In addition to the rates payable under the provisions of this award, other than this provision:

(i) an apprentice shall be paid per week a percentage of $ being the percentage which appears against his/her year of apprenticeship in subclause (3) of Clause 6.—Wages, in this award; and

(ii) a junior employee shall be paid per week a percentage of $ being the percentage which appears against the age of the employee in subclause (2) of Clause 6.—Wages, of this award.

(c) The amount payable to any employee pursuant to the provisions of this subclause:

(i) shall be for all purposes of this award; (ii) shall be reduced by the amount of any payment

being made to that employee in addition to the said rates otherwise than pursuant to the provisions of this subclause, whether such payment is being made by virtue of any order, industrial agreement or other agreement or arrangement;

(iii) the Safety Net Adjustment of $8.00 reflects the application of the arbitrated Safety Net Adjust- ment Principle enunciated in the State Wage Decision of 24 December, 1993.

Consistent with the requirements of that principle the $8.00 Safety Net Adjustment is absoibable to the extent of any equivalent amount in rates of pay—whether overaward or industrial agreement—in excess of the minimum rates (classification rate and supplementary payment) prescribed in accordance with the September 1989 State Wage Case decision.

(2) The rate prescribed in this award for any classification is not amended by this clause and shall not, for the purpose of any other award, order, industrial agreement or other agreement, be deemed to have been so amended.

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.


(2) Period of Leave and Commencement of Leave (a) Subject to subclauses (3) and (6) hereof, the period

of maternity leave shall be for an unbroken period of from twelve to 52 weeks and shall include a period of six weeks' compulsory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement.

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

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

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

(3) Transfer to a Safe-Job Where in the opinion of a duly qualified medical

practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the worker make it inadvisable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

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

(4) Variation of Period of Maternity Leave (a) Provided the addition does not extend the mater-

nity 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 canceUed 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 die 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.

Hili

as nearly comparable in status and salary or wage ' 01

service leave or any part thereof to which she is

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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 woriter 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

is being replaced. (c) Before an employer engages a person to replace

a worker temporarily promoted or transferred in jTgjjjj

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service. (d) Bereavement Leave

Where a part time employee would normally work on either or both of the two working days following the death of a close relative which would entitle an employee on weekly hiring to bereavement leave in accordance with Clause 32.—Bereavement Leave of this award the employee shall be entitled to be absent on bereavement leave on either or both of those two working days without loss of pay for the day or days concerned.

(e) Overtime A part time employee who works in excess of

the hours fixed under the contract of employment shall be paid overtime in accordance with Clause 8.—Overtime of this award.

36.—Superannuation. (1) Definitions: For the purpose of this clause—

selected in accordance with subclause (3) of this clause and who is—

(i) a weekly employee with not less than four • )f

or

WESTEEN AUSTRALIAN INDUSTRIAL GAZETTE 3115

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during the month immediately preceding any day the employer would, but for this definition, be required to make superannuation contributions prescribed in subdause (2) of this clause.

(b) "Ordinary time earnings" means an eligible employee's award classification rate (including supplementary payment) any regular over-award

" hand allow -end and pt ed is oart o

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£3EB!E3<9E mm (b) In a case where an eligible employee refuses to

become a member of a relevant Fund, the employer shall notify the Trustees, in writing, of such circumstances.

(c) In the event that an eligible employee elects not to join the Fund, the employer shall advise the employee in writing of his/her entitlements, within a period of a further six months. Should

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Unions, where applicable; or (iii) any Fund which has application to employees

in the principal business of the employer, where eligible employees covered by this Award are a minority of award-covered employees.

(b) Provided that an employer shall not be compelled to contribute to more than one Fund in respect of eligible employees employed under this Award.

(c) Subject to the terms of this clause, where there is — Jl — JL_ AfL _ T"? J J. - 1 9 ?

absence provided that— (i) the member of the Fund is receiving regular

payments directly from the employer in accordance with statutory requirements or the provisions of this Award;

(ii) the duration of the absence does not exceed 52 weeks in total for each injury or sickness.

(iii) the person remains an employee of the employer.

(7) No Reduction:


I RTtBZSiKlfRTnaeelSI 11 kSTO and substance of conditions of employment.

IBii m 1

m is undertaken during ordinary working hours, the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

(b) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's technical library) incurred with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement shall be on an annual basis, subject to the presentation of reports of

(c) Travel costs incurred by an employee undertaking training in accordance with this clause, which exceed those normally incurred in travelling to and from work, shall be reimbursed by the employer.

(5) Subclauses (2), (3) and (4) hereof shall operate as interim provisions and shall be reviewed after nine months' operation. In the meantime, the parties shall monitor the effectiveness of those interim provisions in encouraging the attainment of the objectives detailed in subclause (1) hereof. In this connection, the unions reserve the right to press for the mandatory prescription of a minimum number of training hours per annum, without loss of pay, for an

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the prescribed off the job for the traineeship. (c) The employer shall provide an appropriate level

of supervision during the traineeship period. (d) Where the employment of the trainee is continued

after completion of the traineeship period, such traineeship period shall be counted as service for the purpose of the award.

(6) Overtime and Shiftwork: (a) Overtime and shiftv/ork shall not be worked by a

trainee except in circumstances where the section in which the trainee is receiving on the job training is required to work overtime, or the work of that section is normally carried out by shifts. When overtime and shiftwork are worked, the relevant penalties and allowances will apply.

(b) A trainee shall not work overtime alone. (7) Wages:

(a) The weekly wage payable to a trainee shall be not less than that determined by applying the appropriate junior wage per week calculate! in accordance with subclause (4) of Clause 31.—Wages and Supplementary Payments of this award.

(b) In any case, the rate determined shall not be less than the minimum rate prescribed in the Austra-

Clause 33.—Supplementary Payments, of this Award. It is agreed by the parties to this Award that the following classifications specify s'

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(2) Classifications are based on the progressive acquisition of modules of skill and/or training and form the career path which determines the pay rate structure. Through the NMESTB (or SESDA when operative) and the training providers, appropriate credits or exemptions will be given for training already completed, or experience and skills already obtained.

(3) The structure recognises that credit for skill and formal training is transferable from one classification to the

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definition structure set out in this Appendix in place of existing arrangements as defined in Clause 3.—^Definitions and Clause 6.— Wages, of this Award.

(c) Transitional Arrangements In order to assist an orderly transition, the

following arrangements shall apply— (i) From the first pay period commencing on or

after 11 May 1990 an employee's new wage group shall be determined in accordance with

In the interim the existing definitions in Clause 3 will apply.

(e) Review (i) Prior to the expiration of the six month

period, the parties at the industry level will consult with their respective members and make any changes to the classification structure as they may be advised.

(ii) At the expiration of the six month period, employers will be required to have completed the transitional phase.

(iii) The parties are committed to modernising the

n

Tradesperson—Level I

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—Level I Production Systems Employee Engineering/Production Employee—Level IV Engineering/Production Employee—Level HI Engineering/Pioduction Employee—Level 11 Bngineering/Production Employee—Level I

Production/Engineering Certificate HI

Production/Engineering Certificate II Froduction/Engineeriiig Certificate I In-house Training

Up to 38 horns' induction training

Wage Group C 14 Engineering/Production Employee—Level I (Relativity to C 10—78%)

An Engineering/Prod uction Employee—Level I is an employee undertaking up to 38 hours' induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow employees, training and career path opportunities, plant lay-out, work and documentation procedures, occupational health and safety, equal employment opportunities and quality control/assurance.

An employee at this level performs routine duties essentially of a manual nature and to the level of their training—

(1) Performs general labouring and cleaning duties. (2) Exercises minimal judgement (3) Works under direct supervision. (4) Is undertaking structured training so as to enable

them to work at C 13 level. Wage Group €13 Engineering/Production Employee—Level II (Relativity to C 10—82%)

An Engineering/Production Employee—Level II who has completed up to three months' structured training so as to enable the employee to perform work within the scope of this level.

At this level an employee performs work above and beyond the skills of an employee at C 14 and to the level of their training—

(1) Works under direct supervision, either individually or in a team environment.

(2) Understands and undertakes basic quality control/ assurance procedures including the ability to recognise basic quality deviations and faults.

(3) Understands and utilises basic statistical process control procedures.

Indicative of the tasks which an employee at this level may perform are the following—

Repetitive work on automatic, semi-automatic or single purpose machines or equipment.

Assembles components using basic written, spoken and/or diagrammatic instructions in an assembly environment

Basic soldering or butt and spot welding skills or cutting scrap with oxy-acetylene blow pipe.

Uses selected hand tools. Cleans boilers. Maintains simple records. Uses hand trolleys and pallet trucks. Assists in the provision of on-the-job training in

conjunction with tradespcrsons and supervisor/trainers.

subject to routine supervision. (2) Works under routine supervision, either individu-

ally or in a team environment. (3) Exercises discretion within their level of skills and

training. Indicative of the tasks which an employee at this level

may perform are the following— Operates flexibly between assembly stations. Operates machinery and equipment which requires

exercising skills and knowledge beyond that of an employee at Level C 13.

Non-trade engineering skills. Basic tracing and sketching skills. Receiving, despatching, distributing, sorting, check-

ing, packing (other than repetitive packing in a standard container or containers in which such goods are ordinarily sold), documenting and recording of goods, materials and components.

Basic inventory control in the context of a production process.

Basic keyboard skills. Advanced soldering techniques. Boiler attendant. Operation of mobile equipment including forklifts,

hand trolleys, pallet trucks, overhead cranes and winch operation.

Ability to measure accurately. Assists one or more tradespcrsons. Welding which requires the exercise of knowledge

and skills above Level C 13. Assists in the provision of on-the-job training in

conjunction with tradespcrsons and supervisor/trainers. Wage Group C 11 Engineering/Production Employee—Level IV (Relativity to C 10—92.4%)

An Engineering/Production Employee—Level IV who has completed a Production/Engineering Certificate II or equivalent training so as to enable the employee to perform work within the scope of this level.

At this level an employee performs work above and beyond the skills of an employee at C 12 and to the level of their training—

(1) Works from complex instructions and procedures. (2) Assists in the provision of on-the-job training to

a limited degree. (3) Co-ordinates work in a team environment or

works individually under general supervision. (4) Is responsible for assuring the quality of their own

work. Indicative of the tasks which an employee at this level

may perform are the following— Uses precision measuring instruments. Machine setting, loading and operation. Rigging (certificated). Inventory and store control, including—

licensed operation of all appropriate materials handling equipment; use of tools and equipment within the scope of (basic non-trades) maintenance;

computer operation at a level higher than that of an employee at C 12 Level.

Intermediate keyboard skills. Basic engineering and fault-finding skills. Basic quality checks on the work of others. Is licensed and certified for forklift, engine driving

and crane driving operations to a level higher than C 12.

Has a knowledge of the employer's operations as it relates to production processes.

Lubricates production machinery equipment. Assists in the provision of on-the-job training in

conjunction with tradespersons and supervisor/trainers. Wage Group C 10 Engineering Tradesperson—Level I

An Engineering Tradesperson—Level I holds a Trade Certificate or a Tradesperson's Rights Certificate as an—

Engineering Tradesperson (Electrical/Electronic)— Level I; or

Engineering Tradesperson (Mechanical)—Level I; or

Engineering Tradesperson (Fabrication)—Level I; and is able to exercise the skills and knowledge of

that trade. An Engineering Tradesperson—Level I works above and

beyond an employee at C 11 and to the level of their training—

(1) Understands and applies quality control techniques.

(2) Exercises good interpersonal and communications skills.

(3) Exercises keyboard skills at a level higher than C 11.

(4) Exercises discretion within the scope of this grade. (5) Performs work under limited supervision, either

individually or in a team environment. (6) Operates all lifting equipment incidental to their

work. (7) Performs non-trade tasks incidental to their work. (8) Performs work which, while primarily involving

the skills of the employee's trade, is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training.

(9) Is able to inspect products and/or materials for conformity with established operational standards.

Production Systems Employee A Production Systems employee, while still being

primarily engaged in engineering/production work, applies the skills acquired through the successful completion of a trade certificate level qualification in the production, distribution or stores functions according to the needs of the enterprise.

A Production Systems employee works above and beyond an employee at C 11 and to the level of their training—

(1) Understands and applies quality control techniques.

(2) Exercises good interpersonal communications skills.

(3) Exercises discretion within the scope of this grade. (4) Exercises keyboard skills at a level higher than C

11. (5) Performs work under general supervision, either

individually or in a team environment. (6) Is able to inspect products and/or materials for

conformity with established operational standards.

Indicative of the tasks which an employee at this level may perform are the following—

Approves and passes first off samples and maintains quality of product.

Works from production drawings, prints or plans. Operates, sets up and adjusts all production machin-

ery in a plant, including production process welding to the extent of training.

Can perform a range of engineering maintenance functions including—

removal of equipment fastenings, including use of destructive cutting equipment;

lubrication of production equipment; running adjustments to production equipment;

Operates all lifting equipment. Basic production scheduling and materials handling

within the scope of the production process or directly related functions within raw materials/finished goods locations in conjunction with technicians.

Understands and applies computer techniques relating to production process operations.

First class engine driver's certificate. Has high level stores and inventory responsibility

beyond the requirements of an employee at C 11. Assists in the provision of on-the-job training in

conjunction with tradespersons and trainers. Has a sound knowledge of the employer's operations

as it relates to the production process. Wage Group C 9 Engineering Tradesperson—Level II (Relativity to C 10—105%)

An Engineering Tradesperson—Level II is an— Engineering Tradesperson (Electrical/Electronic)—

Level II; or Engineering Tradesperson (Mechanical)—Level II;

or Engineering Tradesperson (Fabrication)—Level II;

who has completed the following training requirement— 33% of the modules towards an appropriate Post Trade Certificate; or x percentage of modules towards an Advanced Certifi- cate; or y percentage of modules towards an Associate Di- ploma,

as prescribed in the Implementation Manual. An Engineering Tradespersons—Level II works above

and beyond a Tradesperson at C 10 and to the level of their training—

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification, subject to standards prescribed by the Implementation Manual.

(2) Exercises discretion within the scope of this grade. (3) Works under general supervision, either individu-

ally or in a team environment. (4) Understands and implement quality control tech-

niques. (5) Provides trade guidance and assistance as part of

a work team. (6) Exercises trade skills relevant to specific require-

ments of the enterprise at a level higher than Engineering Tradesperson—Level I.

Tasks which an employee at this level may perform are subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed. Wage Group C 8 Engineering Tradesperson Special Class—Level I (Relativity to C 10—110%)

An Engineering Tradesperson Special Class—Level 1 means an—

Engineering Tradesperson Special Class (Electrical/ Electronic)—Level I; or

Engineering Tradesperson Special Class (Mechan- ical)-—Level I; or

Engineering Tradesperson Special Class (Fabrica- tion)—Level I;

who has completed the following training requirements— 66% of the modules towards an appropriate Post Trade Certificate; or x percentage of modules towards an Advanced Certifi- cate; or y percentage of modules towards an Associate Di- ploma,

prescribed in the Implementation Manual. An Engineering Tradesperson Special Class—Level I

works above and beyond a Tradesperson at C 9 and to the level of their training—

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification, subject to the standards prescribed by the Implementation Manual.

(2) Provides trade guidance and assistance as part of a work team.

(3) Assists in the provision of training in conjunction with supervisors and trainers.

(4) Understands and implements quality control techniques.

(5) Works under limited supervision, either individually or in a team environment.

The following tasks are indicative of what an employee at this level may perform, subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed—

Exercises high precision trade skills using various materials and/or specialised techniques.

Performs operations on a CAD/CAM (Computer Aided Drafting/Computing Aided Manufacturing) terminal in the performance of routine modifications to NC/CNC (Numerical Control/Computer Numeric Con- trol) programmes.

Instals, repairs, maintains, tests, modifies, commissions and/or fault-finds complex machinery and equipment which utilises hydraulic and/or pneumatic principles and, in the course of such work, reads and understands hydraulic and pneumatic circuitry which controls fluid power systems.

Works on complex or intricate circuitry which involves examining, diagnosing and modifying systems comprising interconnected circuits.

Wage Group € 7 Engineering Tradesperson Special Class—Level n (Relativity to C 10—115%)

An Engineering Tradesperson Special Class—Level II means an—

Engineering Tradesperson Special Class (Electrical/ Electronic)—Level II; or

Engineering Tradesperson Special Class (Mechan- ical)—Level II; or

Engineering Tradesperson Special Class (Fabrica- tion)—Level 11;

who has completed the following training requirement— an appropriate Post Trade Certificate; or x percentage of modules towards an Advanced Certifi- cate; or y percentage of modules towards an Associate Di- ploma,

prescribed in the Implementation Manual.

74 W.A.I.G.

An Engineering Tradespersons Special Class—Level II works above and beyond a Tradesperson at C 8 and to the level of their training—

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification, subject to the standards prescribed by the Implementation Manual.

(2) Is able to provide trade guidance and assistance as part of a work team.

(3) Provides training in conjunction with supervisors and trainers.

(4) Understands and implements quality control techniques.

(5) Works under limited supervision, either individually or in a team environment.

The following tasks are indicative of what an employee at this level may perform, subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed—

Works on machines or equipment which utilise complex mechanical, hydraulic and/or pneumatic circuit^ and controls, or a combination thereof.

Works on machinery or equipment which utilises complex electrical/electronic circuitry and controls.

Works on instruments which make up a complex control system which utilises some combination of electrical, electronic, mechanical or fluid power principles.

Applies advanced computer numerical control techniques in machining or cutting or welding or fabrication.

Exercises intermediate CAD/CAM skills in the performance of routine modifications to programmes.

Works on complex or intricate interconnected electrical circuits at a level above C 8.

Works on complex radio/communication equipment NB: The Post Trade Certificate referred to in this

definition is not directly comparable with existing post-trade qualifications and the possession of such qualifications does not itself justify classification of a tradesperson to this level.

Wage Group C 6 Advanced Engineering Tradesperson—Level I (Relativity to C 10—125%)

An Advanced Engineering Tradesperson—Level I means an—

Advanced Engineering Tradesperson (Electrical/ Electronic)—Level I; or

Advanced Engineering Tradesperson (Mechan- ical)—Level I; or

Advanced Engineering Tradesperson (Fabrica- tion)—Level I;

who has completed— x percentage of modules towards an Advanced Certifi- cate; or y percentage of modules towards an Associate Di- ploma; or equivalent accredited training,

prescribed in the Implementation Manual. An Advanced Engineering Tradesperson—Level I works

above and beyond a Tradesperson at C 7 and to the level of their training—

(1) Undertakes quality control and work organisation at a level higher than C 7.

(2) Provides trade guidance and assistance as part of a work team.

(3) Assists in the training of employees in conjunction with supervisors/trainers.

(4) Performs maintenance planning and predictive maintenance work other than in technical fields.

(5) Works under limited supervision, cither individually or in a team environment.

iWltl HSSHmfi

Aovancea imgineemg iraaesperson (faunca- n)—Level II; s completed— Advanced Certificate; or percentage of modules towards an Associate Di- jma; or uivalent accredited training, ted in the Implementation Manual, advanced Engineering Tradesperson—Level II work tnd beyond a Tradesperson at C 6 and to the level of

their training— (1) Provides technical guidance or advice within the

scope of this level. I) Prepares reports of a technical nature on specific

tasks or assignments as directed, or within the scope of discretion at this level.

3) Has an overall knowledge and understanding of the operating principle of the systems and equipment on which the Tradesperson is required to carry out his/her task.

i) Assists in the provision of on-the-job training in conjunction with supervisors and trainers,

following are indicative of the tasks an employee at el may perform, subject to the employee having the

cFF.„Friate Trade and Post Trade Training to enable the particular tasks to be performed—

Through a systems approach is able to exercise high level diagnostic skills on complex forms of machinery, equipment and instruments which utilise some combination of electrical, electronic, mechanical or fluid power principles.

Sets up, commissions, maintains and operates phisticated maintenance, production and test equip- snt and/or systems involving the application of

computer operating skills at a higher level than C 6. Works on various forms of machinery and equip-

ment electronically controlled by complex digital and/or analogue control systems using integrated

reuitry.

Rambow Neon Pty Ltd. 178 Colm Street, V 6005

Cubelec Controls Pty. Ltd. 60 Collingwoc Osbome Paris 6017

Philips Industries Ltd. 82 Robinson Avenue, 6104

Laurie Chivers & Co. 104 Rome Road, Melvi Peters Icecream 92 Roe Street, Perth 6000 Galvin Manufacturing Pty. Ltd. 231 William St

6000 Osbome Metal Industries Ltd. P.O. Box 157, Mt

Hawthorn 6016 Moore W.D. & Co. 4 Keegan Street, O'Connor 6163 Bradford Insulation W.A. Ltd. 13 Corkhill Str

Fremantle 6159 Poole R. Pty. Ltd. 36 Fothergill Street, Frema Arcus Metal Products Pty. Ltd. 13 Roydhoi

Wembley 6014 Baker A.J. & Sons Pty. Ltd. 209 Stirling Claremont 6010

Metalux Industries Pty. Ltd. Guthrie Street, Osl 6017

Wypro Products Pty. Ltd. 89 Division Street, \ 6106

J. Henderson & Co. 27 Harvey Street, Collie 6225 Sheet Metal Workers W.S.P.O. Box 735, Geraldton 6530 Geraldton Plumbing Co. Pty. Ltd. P.O. Box 121,

Geraldton 6530 Smith and Read Lockyer Avenue, Albany 6330 Hawkings H.R. 94 Burgoyne Road, Albany 6330 Esperance Sheet Metal Service Norseman Road, Esper-

ance 6450 E.R. & D.A. Cussack Kellerberrin 6410 Gebert E.A. 11-13 Railway Parade, Merredin 6415 Tomkinson D.E. C/—K.J. Motors Goomalling. 646 Martin R. & E.R. P.O. Box 182, Manjixnup 6258 Richardson D. & Co. Rockinnham 6168

3122 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.IG.

Cavakor K. & Co. 42 Douglas Street, Carnarvon 6701 Port Hedland Plumbing Service Bardie Street, Port

Hedland 6721

Second Schedule—Named Parties to the Award. Union Party

Metals and Engineering Workers' Union—Western Aus- tralian Branch

Dated at Perth this 13th day of July, 1973.

SOFT FURNISHING AWARD No. A 23 of 1982.

PURSUANT to section 93(6) of the Industrial Relations Act 1979 the following award has been consolidated and is published hereunder for general information.

Dated at Perth this 14th day of November, 1994. J. CARRIGG.

Registrar.

Soft Furnishings Award Award No. A23 of 1982.

1.—Title. This award shall be known as the "Soft Furnishings

Award" and replaces the Furniture Trades Industry Award No. 30 of 1979 insofar as it relates to Soft Furnishing Manufacture.



2.—Arrangement 1. Title

1A. State Wage Principles December 1993 2. Arrangement 3. Area 4. Scope 5. Tferm 6. Mixed Function 7. Wages

7A. Minimum Wage 7B. Supplementary Payments

8. Payment of Wages 9. Leading Hand

10. Definitions 11. Casual Employees 12. Hours 13. Overtime 14. Meal Money 15. Shift Work 16. Public Holidays 17. Annual Leave 18. Away from Home and Travelling Time 19. Contract of Service 20. Under-Rate Employees 21. Interviewing Employees and Inspection of Prem-

ises 22. Posting of Union Notices 23. Junior Employees 24. Junior Employee's Certificate 25. Time, Wages and Superannuation Record 26. Clock 27. Breakdown 28. Board of Reference

30. Sick Leave 31. Rest Period and Meal Break 32. Long Service Leave 33. Part-Time Employees 34. Compassionate Leave 35. Jury Service 36. First Aid Equipment 37. No Reduction 38. Dirt or Dust Money 39. Junior Employees-—Special Orders 40. Maternity Leave 41. Grievance/Dispute Procedure 42. Outworkers 43. Superannuation 44. Structural Efficiency 45. Traineeships 46. Career Start Traineeships

Schedule 1—Parties to the Award Schedule 2—^Respondents

3.—Area. This award shall have effect over the whole of the State

of Western Australia.

4.—Scope. This award shall apply to Soft furnishing Manufacture as

carried on by representative employers named in the schedule attached hereto.

5.—Term. The term of this award shall be for a period of 2 years as

from the beginning of the first pay period commencing on or after the 11th day of August, 1982.

6.—Mixed Function. Any employee carrying out work classified at a higher

minimum than his usual rate shall be paid, whilst engaged on such work, at the rate prescribed therefore: Provided that where no record of such work is kept, the employee shall be paid at the higher rate for the whole of the day on which the work was performed.

7.—Wages. The minimum rates of wage for employees covered by

this award shall be: (1) Classification: Rate

per v/eek

(a) Workroom Supervisor 420.10 (b) Specialist Soft Furnishings Maker 386.70 (c) InstaUer 374.20 (d) Cutter 370.00 (e) Machinist 349.20 (f) Presser and Finisher 324.10 (g) Trainee (entry level employee) 311.60

(2) Apprentices: (a) The rate per week for apprentices shall be the

percentages shown in paragraph (b) hereof, of the total rate for a Specialist Soft Furnishings Maker, (b) Percentages

Three Year Tferm % First Year 42 Second Year 55 Third Year 88

(3) Junior Employees: (a) The wages per week for a junior employee

shall be the percentage shown in paragraph (b) hereof, of the total rate for a Machinist

(b) Percentage: % Under 16 years 40 Between 16 and 17 years 48.5 Between 17 and 18 years 56 Between 18 and 19 years 77 Between 19 and 20 years 84 Between 20 and 21 years 89.5

ployee (including an apprentice), twenty-one years of age or

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award and in accordance with the provisions of an

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s an employee s contract or employment is y the employer, or where the employee lawfully r her employment and except for misconduct smissal, that employee shall be paid all wages ents provided for by subclause (4) and (7)(a) of -Annual Leave, due to him or her, within two

hours of the expiration of employment.

9.—Leading Hands. An employee placed in charge of—

(1) Not less than three and not more than 10 other employees shall be paid $16.40 per week extra.

(2) More than 10 and not more than 20 other employees, shall be paid $20.30 per week extra.

(3) More than 20 other employees shall be paid $26.70 per week extra.

10.—Definitions. (1) "Workroom Supervisor" shall mean an employee

appointed to supervise a production section of the workforce, and/or who is responsible for scheduling orders, and/or who is responsible for the workflow and quality

nd/or who is responsible for implementing any or on-the-job training. :ialist Soft Furnishing Maker" shall mean an ble to make and cut patterns, and able to : from instructions, curtains, bedsoreads. nel-

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ordinary starting and finishing time shall not be altered except by agreement between the employer and the union, or in default hereof, by a Board of Reference.

(2) Implementation of 38 Hour Week: (a) Except as provided in paragraph (c) hereof, the

method of implementation of the 38 hour week may be any one of the following:

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

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

(iii) by fixing one day of ordinary working hours on which all employees will be off duty during a particular 4 week cycle; or

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74 W.A.I.G.

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

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

(d) Notice of Days Off Duty. Except as provided in paragraph (e) hereof, in cases where, by virtue of the arrangement of his ordinary working hours, an employee, in accordance with subparagraphs (iii) and (iv) of paragraph (a) hereof, is entitled to a day off duty during his work cycle, such employee shall be advised by the employer at least four weeks in advance of the day he is to take off duty,

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

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

(3) Procedures for In-House Discussions: (a) Procedures shall be established for in-house

discussions, the objective being to agree on the method of implementing a 38 hour week in accordance with subclauses (1)—Hours of Work and (2)—Implementation of 38 Hour Week of this clause and shall entail an objective review of current practices to establish where improvements can be made and implemented.

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

(c) The procedures should allow for the monitoring of agreements and understandings reached in-

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

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

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

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

13.—Overtime. (1) Notwithstanding anything contained herein—

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

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

on any day, Monday to Friday inclusive, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

(3) Work performed on Saturdays prior to 12 noon shall be paid for at the rate of time and one-half for the first four hours and double time thereafter. All work performed on Saturdays after 12 noon or on Sundays shall be paid for at double time rates.

(4) All work performed on a holiday as prescribed in Clause 17 shall be paid for at the rate of time and a half in addition to the holiday pay to which the worker is entitled under the provisions of Clause 17.—Annual Leave.

14.—Meal Money. (1) An employee required to work overtime for more than

two hours Monday to Friday inclusive, shall be supplied with a meal by the employer or paid $6.10 for a meal.

(2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall provide such meal(s) or pay an amount of $4.20 for each second or subsequent meal.

(3) If an employee in consequence of receiving such notice of overtime, has provided him or herself with a meal or meals and is not required to work overtime or is required to work less overtime than notified he shall be paid the amounts prescribed in subclauses (1) and (2) above in respect of the meals not then required.

(4) The provisions of this clause shall not apply to weekend work, unless the hours worked exceed the normal working day.

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

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

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

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

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

16.—Public Holidays. (1) (a) The following days or the days observed in lieu

shall, subject to this clause and to subclause (4) of Clause 13.—Overtime of this award, be allowed as holidays without deduction of pay, namely—

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

Provided that another day may be taken as a holiday by agreement between an employee and an employer in lieu of any of the days named in this subclause.

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

(2) On any public holiday not prescribed as a holiday under this award the employer's establishment or place of

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Shift Work had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 17 1/2 per cent, then the shift loadings shall be added to the rate of wage prescribed by paragraph (b: " ~ lot

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his annual leave in not more than two periods.

18.—Away from Home and Travelling Time (1) Where an employee is sent by his employer to a job

at such distance that he cannot return to his home each

requirea to worK at a jod away workshop shall at the direction o: himself for work at such job at the for all time reasonably spent in reaching and returning from such job (in excess of the time normally spent in travelling from his home to such workshop and returning) he shall be paid travelling time, and also fares or kilometrage (in accordance with the provisions of paragraph (4) of this clause) incurred in excess of those normally incurred intravelling between his home and such workshop.

(3) Travelling time outside the ordinary working hours shall be paid for at ordinary rates up to a maximum of twelve hours in any twenty four hour period from the time of staring of the journey, provided that, when travelling is by boat, not more than eight hours shall be paid for in any twenty four hour period.

(4) Where in the service of the employer, an employee provides his or her own means of transport, the employer shall allow to each such employee $0.26 per kilometre so travelled.

19.—Contract of Service. The contract of hiring of every employee other than a

casual employee, shall be deemed to be a contract of hiring by the day. If such notice is not given one day's wage shall be paid or forfeited. Provided that no notice of dismissal or ' ' " "" "erminate the

ely preceding entices.

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e or infirmity dd such lesser mn in writina

21.—Interviewing Employees and Inspection of Premises. (1) On notifying the employer or his representative the

secretary or any duly authorised representative of the union shall be permitted to interview an employee on the business premises of his employer during the recognised meal break or outside ordinary working hours but this permission shall not be exercised without the consent of the employer more than once in any one week.

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

(3) The employer shall provided all necessary facilities to assist the secretary or the duly authorised representative of the union in exercising the permission allowed by this clause.

22.—Posting of Union Notices. The accredited union representative shall not be pre-

vented from posting a copy of this award, or any notice of the union not exceeding thirty five centimetres by twenty three centimetres, in a suitable place agreed upon between the employer and the union. Failing agreement in this connection the Board of Reference shall decide where the copy of the award, or the said notices, shall be posted. Any such notice shall be submitted to the employer for approval before being posted.

23.—Junior Employees. (1) Junior employees may be employed on all work for

which an apprenticeship is not provided.

(1) When requested junior employees shall furnish the employer with a certificate showing the following particulars—

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

(2) The certificate shall be signed by the employee. (3) No employee shall have any claim upon the employer

for additional pay in the event of his age being wrongly stated on this certificate.

If any employee shall wilfully mis-state his age in the above certificate, he alone shall be guilty of a breach of this award.

25.—Time, Wages and Superannuation Record. (1) Each employer shall keep a time and wages record

wherein shall be entered— (a) the name and address of each employee, (b) the nature of his or her employment, (c) the time he or she commences and finishes work

each day, (d) the total hours worked each day and each week, (e) the wages (includin

received thereto, and (f) the ages of junior era

(2) Such record shall be ent English characters, and shall correct, by each employee.

131 Each emnlover shall k

• B

ordinary office hours, at the employer's place of business or other convenient place, and that official shall be allowed to take extracts therefrom.

26.—Clock. One reliable clock shall be installed in each factory and

the starting and finishing time of employees shall be taken from that clock.

27.—Breakdown. The employer shall be entitled to deduct payment for any

day or portion of a day upon which the employee cannot be usefully employed because of any strike by the union, or the unions affiliated with it, or because of any stoppage of work by any cause which the employer cannot reasonably prevent.

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

this award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to regulation 52 of the Industrial Arbitration Act, (Industrial Commission) Regulations, 1974.

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

29.—Âpprentices. The maximum number of apprentices allowed to be

employed by any employer shall be in the proportion of one apprentice to every two or fraction of two journeymen employed in that branch. Provided that the fraction shall not be less than one.


30.—Sick Leave. (1) (a) An employee who is unable to attend or remain

at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions.

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

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

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

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

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

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

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

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

(d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to

the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 17.— Annual Leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading presented in Clause 17.—Annual Leave shall te deemed to have been paid with respect to the replaced annual leave.

(6) Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in volume 59 of the Western Australian Industrial Gazette at pages 1—6, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmittor shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

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


(9) Sick leave accumulated prior to the coming into operation of this award shall be brought forward pursuant to the provisions under which it accrued.

31.—Rest Period and Meal Break. (1) Subject to the provisions of this paragraph, a rest

period of seven minutes from the time of ceasing to the time of resumption of work shall be allowed each day.

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

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

(4) There shall be a cessation of work and of working time for the purpose of a meal on each day of not less than thirty (30) minutes nor more than sixty (60) minutes to be taken at a time as near as practicable equally divides the working day or shift, provided that no more than five hours work shall be worked in any day before an employee is entitled to a meal break.

(5) An employee who has worked continuously (except for meal or crib times allowed by this award) for twenty hours shall not be required to continue at or recommence work for at least twelve hours.

(6) Should the overtime continue beyond three hours a paid meal break of 20 minutes at the ordinary rate of pay shall be allowed immediately on completion of the three hour period.

(7) When overtime is worked on a Saturday or Sunday or public holiday for a half day, full day or more, tea breaks and meal breaks shall be allowed in accordance with award provisions for a normal working day.


59 of the Western Australian Industrial Gazette, 1979, pages 1 to 6 both inclusive, are hereby incorporated in and shall be (teemed to be part of this award.

33.—Part-Time Employees (1) "Part-time Employees" means an employee em-

ployed for less than 38 hours each week. (2) When an employee is employed under the provisions

of this clause, he shall receive payment for wages, for annual leave, for public holidays and for sick leave on a pro rata basis in the same proportion as the number of hours regularly worked each week bears to 38 hours.

(3) An employee working irregular hours shall receive payment subject to the provisions of subclause (2) of this

3128 WESTEEN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.LG.

clause calculated on the average hours worked weekly during the qualifying period.

34.—Compassionate Leave. An employee shall, on the death within Australia of a

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

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

For the purpose of this clause, the words "wife and "husband" shall include a person who lives with the employee as a de facto wife or husband.

35.—Jury Service. Provided that an employee attempts to gain the maximum

amount allowable from the Crown Law Department, an employee required to attend for jury service shall be entitled to have his pay made up by the employer to equal his ordinary pay as for eight hours per day whilst meeting this requirement. The employee shall give his employer proof of such attendance and the amount received in respect of such jury service. The provisions of this clause shall be limited to five days for any one period of service.

36.—First Aid Equipment. (1) At the places of work where not more than six persons

are employed the first aid outfit shall be equipped and maintained to contain at least the following—

Dustproof Container Antiseptic Solution—125 mis Sal Volatile—30 mis Bum Cream—1 Tbbe Rubber Haemorrhage Arrester—1 Triangular Bandage—1 Plain Guaze—1 mm x 90 cm Cotton Wool—50 gms Lint—25 gms Small bowl for bathing minor wounds—1 Drinking Utensil—1 Roller Bandages—3 x 2.5 cm, 1 x 7.5 cm Prepared Adhesive Dressings—1 doz Tweezers—1 pair Scissors, 10 cm—1 pair Safety Pins—1 doz Medicine Glass, 40 mis—1 Eye Bath—1 First Aid Pamphlet—1 Castor Oil—100 mis Bicarbonate of Soda—30 gms Boracic Acid—30 gms

(2) At places of work where more than six persons are employed the first aid outfit shall be equipped and maintained to contain at least the following—

Dustproof Container Antiseptic Solution—125 mis Sal Volatile—60 mis Bum Cream—1 Tbbe Rubber Haemorrhage Arrester—1 Triangular Bandage—3 Plain Guaze—5 mm x 90 cm Cotton Wool—200 gms Lint—100 gms Finger Dressings—1 doz Roller Bandages—3 x 2.5 cm, 1 x 7.5 cm Prepared Adhesive Dressings—1 doz Splinter Forceps, 9 cm—1 pair Dressing Forceps, 12.5 cm—1 pair Scissors, 12.5 cm—1 pan-

Safety Pins—1 doz Medicine Glass, 40 mis—1 Eye Bath—1 First Aid Pamphlet—1 Castor Oil—100 mis Bicarbonate of Soda—60 gms Boracic Acid—60 gms Towel—1 Enamel Drinking Mug—1

37.—No Reduction. This award shall not in itself operate to reduce the wages

of any employee who is at present receiving above the minimum rate prescribed for his/her class of work.

38.—DIRT OR DUST MONEY (1) An employee working on second-hand soft furnish-

ings shall for the time so engaged, be paid twenty-five per cent in addition to the ordinary rates prescribed elsewhere in this award.

(2) All work on soft furnishings, once they have been fixed or hung, shall be classed as second-hand unless such soft furnishings have been thoroughly cleaned by a dry cleaning process.

(3) This provision shall not apply to alteration on new work.

39.—Deleted. 40.—Maternity Leave.

(1) Eligibility for Maternity Leave A worker who becomes pregnant shall, upon production

to the employer of a certificate from a duly qualified medical practitioner stating the presumed date of the 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.


(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 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—


(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) Tfermination 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 other positions available for which the worker is qualified and the duties of which she is capable of performimg, she shall be entitled to a position as nearly comparable in status 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.

41.—Grievance/Dispute Procedure. The parties agree that management, shop stewards and

union officials will exhaust the negotiating process before time is lost by employees:

(1) Where any dispute or grievance arises the problem should first be discussed between the employee

74 W.A.I.G.

and Ms or her supervisor and if requested by the employee, a shop steward may be present.

(2) If the dispute or grievance is unresolved the employee may then discuss the matter with Ms or her manager.

(3) If the dispute or grievance is unresolved then the employes and his union representative shall confer with the manager.

(4) If the dispute or grievance is still unresolved the matter should be referred to the union official for discussion with management

(5) Until the dispute or grievance is determined in accordance with the above procedure normal work shall continue, without prejudice.

(6) If the matter is still not resolved it shall be referred to the Industrial Relations Commission for decision.

(7) Before the taking of any industrial action, the Company will be given 24 hours notice of a dispute to resolve the matter.

This procedure does not prevent the Company from instantly dismissing an employee for proven gross misconduct after notifying the Shop Steward.

42.—Outworkers. A Respondent bound by this Award shall:

(1) Not employ a person to perform work covered by this Clause outside a workshop or factory unless prior agreement has been reached between that Respondent and the person as to whether that person is to be employed on a part-time or a full-time basis and the number of hours to be worked. Provided that nothing in this Clause shall prevent the parties to any such agreement varying

(2) Not employ more than 10 outworkers at any one time.

Provided that an employer may employ a specified greater number of outworkers with the consent of the Union or if, in the absence of that consent, a Board of Reference in the exercise of its discretion grants permission to the employer to employ a specified greater number of outworkers.

(3) Pay any outworkers at the rate prescribed by Clause 7.—Wages of this Award for the classification in which the outworker is engaged.

May remunerate his or her outworkers under any system of payment by result provided that the minute rate for outwork performed is 1/2280 of the weekly award rate for the classification in which the worker is employed for the first 38 hours worth of work.

An employer may fix or alter a time standard of any article provided that such time standard is based on the performance of an adequately trained employee of average skill and performance.

If there is a complaint regarding the setting or alteration of time standard and a dispute arising out of that complaint the matter shall be referred for determination to the Western Australian Industrial Relations Commission.

(4) Cause all work to be delivered to and collated from an outworker free of charges.

(5) Provide outworkers with all necessary materials, trimmings and sewing threads.

(6) Pay for each holiday prescribed in Clause 16.— Public Holidays of this Award which occurs during the period of employment, one-fifth of the weekly wage prescribed for the classification in which he/she is engaged.

(7) Pay for annual leave in accordance with the provisions of Clause 17.—Annual Leave and Clause 33.—Part-time Employees of this Award.

(8) Shall keep in a bound book a true and correct record of the outworker's name and address, a

description of the work performed, the rate paid or agreed to be paid for such work, and shall obtain the signature of the outworker in acknowledgement of all amounts paid in respect of such work.

(9) For the purpose of this clause: "Employer" means an employer bound by tMs award. "Outworker" means a person who performs work for an employer outside the employer's workshop or factory under a contract of service.

43.—Superannuation. (1) Definitions:

(a) For the purpose of this clause the preferred occupational superannuation scheme is West- scheme.

(b) For the purpose of this clause an Approved Occupational Superannuation Scheme shall mean any Scheme which complies with the Australian Government's Operational Standards for Occupa- tional Superannuation.

(c) "Ordinary time earnings" shall mean the salary, wage or other remuneration regularly received by the employee in respect of the time worked in ordinary hours and shall include shift work penalties, payments wMch are made for the purposes of Location Allowances or any other rate paid for all purposes of tMs award to which the employee is entitled for ordinary hours of work. Provided that "ordinary time earnings" shall not include any payment which is for vehicle allowances, fares or travelling time allowances (including payments made for travelling related to distant work), commission or bonus.

(2) Contributions: (a) Subject to the provisions of subclause (3)—

Exemptions hereof an employer shall contribute 3% of ordinary time earnings per eligible employee into one of the following Superannuation Schemes.

(i) Westscheme; or (ii) an approved Occupational Superannuation

Scheme. (b) Employer contributions shall be paid on a montMy

basis for each complete week of service. (c) No contributions shall be made for periods of

unpaid leave, or unauthorised absences in excess of 38 ordinary hours or for periods of workers' compensation in excess of 52 weeks. No contributions shall be made in respect of annual leave paid out on termination or any other payments on termination.

(d) Contributions in accordance with paragraph (a) hereof shall be calculated by the employer on behalf of each employee from the date one month after the employee commences employment, unless the employee fails to return a completed application to join the Fund and the employer has complied with the following:

(i) the employer shall provide the employee with an application to join the Scheme and documentation explaining the Scheme within one week of employment commencing.

(ii) If the employee fails to return to the employer a completed application to join the Scheme within two weeks of receipt, the employer shall send to the employee by certified mail, a letter setting out relevant superannuation information, the letter of denial set out in paragraph (vi) hereof and an application to join the Scheme.

(iii) Where the employee completes and returns the letter of denial, no contribution need be made on that employee's behalf.

(iv) Where the employee completes and returns neither the application to join the Scheme nor the letter of denial within one week of postage, the employer shall advise either the union or the Scheme Administrator in writing of the employee's failure to return the completed form.

(v) From two weeks following the employer's advice pursuant to paragraph (iv) should the employee not have returned the completed form the employer shall be under no obligation to make superannuation payments on behalf of that employee.

Provided that if at any time an employee returns a signed application form, notwithstanding a previous failure to return such form or the return of a letter of denial, the employer shall make contributions on behalf of that employee from the date of return of the signed application form.

(vi) Letter of Denial: The letter of denial shall be in the following form:

"lb (employer) I have received an application for membership of the non-contributory Superannuation Fund and understand: (1) that should I sign such form you

will make contributions on my behalf; and

(2) that I am not required to make contributions of my own; and

(3) that no deductions will be made from my wages for superannuation without my consent

However, I do not wish to be a member of the Fund or have contributions made on my behalf.

(Signature)

(Name)

(Address)

(Classification)

(Date)" (e) A part-time employee shall not be entitled to

receive the employer contribution mentioned in, paragraph (a) hereof unless he/she works a minimum of 12 hours per week.

(3) Exemptions Exemptions from the requirements of this Clause shall

apply to an employer who at the date of issuing this Order. (a) is contributing to an Approved Occupational

Superannuation Scheme, in accordance with an Order of an industrial tribunal; or

(b) is contributing to an Approved Occupational Superannuation Scheme, in accordance with an Order or award of an industrial tribunal, for a majority of employees and makes payment for the employees covered by this award in accordance with that Order or award; or

(c) subject to written notification to the Union, is contributing to an Approved Occupational Super- annuation Scheme for the employees covered by

this award where such payments are not made pursuant to an Order of an industrial tribunal; or

(d) is not contributing to a Superannuation Scheme for the employees covered by this award and gives written notice of a proposed alternative Approved Occupational Superannuation Scheme to the Union where the contributions and benefits of the proposed alternative Superannuation Scheme are no less than those provided by this clause.

44.—Structural Efficiency. (1) Arising out of the decision of 8 September 1989 in the

Stage Wage Case and in consideration of the wage increases resulting from structural efficiency adjustments, employees are to perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.

(a) An employer may direct an employee to carry out such duties as are within die limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

(b) An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

(c) Any direction issued by an employer pursuant to paragraphs (a) and (b) shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

(2) The parties to this award are committed to co- operating positively to increase the efficiency, productivity and competitiveness of the soft furnishing industry and to provide and enhance career opportunities and job security for employees in the industry.

(3) At each individual workroom or enterprise, a consultative mechanism may be established by the employer, or shall be established upon request by the employees or the union. The consultative mechanism and procedure shall be as appropriate to the size, structure and needs of that particular individual workroom or enterprise.

Efficiency measures or issues raised by the employer, an employee or group of employees, or by the union for consideration consistent with the objectives of subclause (2) hereof shall be processed through those consultative mechanisms and procedures.

(4) Without limiting the rights of either employers or the union under arbitration processes in the jurisdiction of the Western Australian Industrial Relations Commission, the consultative mechanism as described in subclause (3) hereof may investigate the means of bringing about changes to flexibility and productivity at the enterprise level provided that—

(a) The union is a party to any resultant agreement (b) The majority of employees affected by any

proposed change at the workroom or enterprise genuinely agree to such change.

(c) No employee shall suffer a fall in income as a result of such change.

(d) No changes shall be effected which purport to amend this award.

(e) The union will not unreasonably oppose any such agreement

45.—Traineeships. (1) Scope This clause shall apply to a trainee employed under the

Australian Traineeship System by an employer approved by the State Management Committee.

(2) Definition For the purposes of this clause—

The "Australian Traineeship System" means a structured system of on the job training with an employer and off the job training in a Technical and

74 W.A.I.G.

Further Education College or other training provider

"Trainee" means an employee engaged under the terms of this award and in accordance with the provisions of an Australian Traineeship established pursuant to Section 37D of the Industrial Training Act 1975 and approved by the State Management Commit- tee.

"Traineeship Scheme" is a forma! agreement of training approved by the State Management Committee and registered pursuant to Section 37D of the Industrial Training Act 1975.

"State Management Committee" means a committee comprising representatives from the Chamber of Commerce and Industry of Western Australia, the Trades and Labor Council of Western Australia, Tbchnical and Further Education (TAPE) and the relevant Federal and State Government departments which approve traineeship arrangements by agreement of each of the parties. The State Management Commit- tee may be established pursuant to the provisions of the Industrial Training Act 1975 or any amendments to or substitution of the Act, provided that any committee or body established in lieu of the State Management Committee has the same representatives structure and decision making processes as that Committee.

(3) Objective (a) The objective of this clause is to provide the form

and substance of the conditions of employment, including the rates of pay, applicable to persons engaged under the Australian Traineeship System (ATS) and who, being a trainee under that system, is covered by this award.

(b) An objective of the Australian Traineeship System is to provide employment and training opportunities for young people so as to enhance their skill levels and future employment prospects.

(4) Form of Traineeship Agreement (a) A traineeship shall be entered into by means of

written agreement in a form approved by the State Management Committee and registered in accordance with the provision of the Industrial Training Act 1975.

(to) A trainee shall not toe engaged on a part-time or casual basis.

(c) The Traineeship Scheme shall be for a minimum period of 12 months but this period may be varied with the agreement of the union and the employer and with the approval of the State Management Committee.

(5) Duties and Responsibilities (a) A trainee shall participate in the approved

on-the-job training scheme and attend the approved off-the-job training as prescribed in the training system.

(b) An employer shall release a trainee from work to attend the prescribed off-the-job training course and shall provide the on-the-job training approved by the State Management Committee.

(c) The employer shall provide the level of supervision in accordance with the approved training scheme during the traineeship period.

(d) (i) The overall Traineeship Scheme will be monitored by officers of the Etepartment of Employment and Training.

(ii) An accredited representative of the union shall have access during ordinary working hours to inspect the relevant training records and work books and subject to the approval of the employer, which shall not be unreasonably withheld, may interview a trainee with respect to his/her progress in the Scheme.

(e) An employer shall not, as a consequence of engaging a trainee pursuant to the provisions of this clause, terminate or otherwise prejudice the

employment of any full-time employee of that • employer.

(6) Overtime and Shift Work Overtime and shift work shall not be worked by trainees

except to enable the requirements of the training scheme to be effected. When overtime and shift work are worked the relevant penalties and allowances of the award based on the

shift work on their own. (7) Wage Rates The weekly wage payable to a trainee shall be determined

by multiplying the appropriate rate of pay prescribed in the award by 39 which represents actual weeks spent on the job and dividing that sum by 52 to provide a weekly wage. The rate paid shall in no case be less than that wage rate for trainees announced from time to time by the Department of Employment Vocational Education and Training.

46.—Career Start Traineeships. (1) Objectives

(a) The Career Start Traineeships Scheme provides for the possibility of greater amounts of structured training time and longer periods of traineeship through an enhanced Australian Traineeships System, and provides a bridge to the new Australian Vocational Certificate Training Sys- tem.

(b) The object of this clause is to provide for the terms and conditions of employment, including the rates of pay, applicable to persons engaged under the Career Start Traineeships Scheme.

(c) The purpose of these arrangements is to provide vocational training consistent with the needs of industry and general skills appropriate to the

future employment prospects of career start trainees. This is to be achieved through various vocational education and training pathways including a combination of work, education and

(d) An objective of this clause is to provide vocational education and training pathways that maximise credit transfer and articulation.

(e) It is the intention of the parties to encourage development of pilot projects and the implementation of the Australian Vocational Certificate Training Scheme.

(f) An objective of the Career Start Traineeships Scheme is to provide additional employment and training opportunities for young people. Accord- ingly, these opportunities shall be provided to the fullest extent possible. Existing employees shall not be displaced from employment by career start trainees.

(2) Definitions (a) Career Start Traineeships is a system of training

comprising structured training with an employer and it will include training in a Tbchnical and Further Education College or other training provider approved by the appropriate state training authority.

(b) Training agreements mean agreements for Career Start Traineeships that are registered with the appropriate state training authority or under the provisions of the appropriate state training legislation.

(c) Career start trainees are employees who are bound by training agreements registered with the appropriate state training authority.

(d) Australian Vocational Certificate trainees are employees who are bound by training agreements and undertaking Australian Vocational Certificate Training System courses.

(e) Structured training shall mean formal instruction and closely supervised practice directly related to

AUSTRALIAN INDUSTRIAL

COMPBirnVE CURTAIN MANUFACTURERS Shop 26, Belmont Shopping Centre, Belmont 6104 CURTAIN BAY 99 Erindale Road, Balcatta 6021 CURTAIN CAPERS 403 West Point Centre, 396 Scarborough Beach Road, Osbome Park 6017 CURTAIN CENTRE 99A North Lake Road, Myaree 6154

TONIA'S CURTAINS 345 Stirling Highway, Claremont 6010 VICKY'S CURTAINS 93 Swan Street, Tsart Hill 6060 WARREN HARPER SOFT FURNISHINGS P/L 24 Gordon Street, Osbome Park 6017 WEE WILLIW1NKIES 84 Erindale Road, Balcatta 6021

| i

miM 10 Broadway, Nedlands 6009 CURTAIN DECOR 2/100 Frobisher Road, Osbome Park 6017 CURTAIN DESIGN 207 Balcatta Road, Balcatta 6021 CURTAIN FAYRF.

"VEHICLE BUILDERS' AWARD 1971". No. 9 of 1971.

PURSUANT to section 93(6) of the Industrial Relations Act 1979 the following award has teen consolidated and is published hereunder for general information.

H

i

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54 Woodsome Street, Mt Lawley 6050 JAM'S CURTAINS & MANCHESTER BALCATTA 200 Balcatta Road, Balcatta 6021 JAM'S CURTAINS & MANCHESTER GREENWOOD 30 Canham Way, Greenwood 6024 KELLY'S HOME DECOR 386 Scarborough Beach Road, Osbome Park 6017 LE FILE D'OR DECOR 55 Grand Promenade, Bedford 6052 LESLIES CURTAINS 781 Canning Highway, Applecross 6153 LOU'S DECOR 1/361 Wanneroo Road, Nollamara 6061 MARIA'S QUALITY CURTAINS 48 B Watkins Street, White Gum Valley 6162 MAXWELL INTERIORS 201 Stirling Highway, Claremont 6010 MAY'S CURTAINS Leach Hwy (Cnr North Lake Rd), Myaree 6154 REGENT SOFT FURNISHINGS (1980) 8 Platt Court, Booragoon 6154 RONALD WEBB SOFT FURNISHINGS Unit 2A/129 Russell Street, Moriey 6062 ROWOOD PTY LTD Unit 2/12 Abrams Road, Balcatta 6021 SARA'S CURTAINS 145 F Rockingham Road, Hamilton Hill 6163 SPECIALITY CURTAINS & DRAPES 156A Burswood Road, Victoria Park 6100 THE CURTAIN FORUM Kingsley Village Shopping Centre, Kingsley 6026

Commission in the Reasons for Decision in Matter No. 1457 of 1993.

2.—Arrangement

State Wage Principles December 1993 Arrangement Scope Area Tfcrm Definitions Hours Overtime Wages Special Rates and Provisions Higher Duties Contract of Service Breakdowns Shift Work Holidays and Annual Leave Absence Through Sickness Tools Junior Employees Junior Employees' Certificate Apprentices Time and Wages Record Payment of Wages Right of Entry Under-Rate Employees Board of Reference Piecework and Subletting Posting of Award Maximum Rate Avoidance of Industrial Disputes No Reduction

:.g. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3135

ng Service Leave Operation of mobile equipment including foiklifts,

3.—Scope. This award shall apply to the employees engaged in the

vehicle and caravan building and repair trade as carried on by the respondents hereto.

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

Australia.

uiass weioer, ler—Level III 'ho has comp dvalent trainin ithin the scop

At this level an employee performs work above and beyond the skills of an employee at Vehicle Builder Level II and to the level of their training—

(i) Is responsible for the quality of their own work subject to routine supervision.

(ii) Works under routine supervision either individually or in a team environment.

(iii) Exercises discretion within their level of skills and training.

mques. (ii) Performs basic draughting and planning skills.

(iii) Exercises good interpersonal and communications skills.

(iv) Understands and implements quality control techniques.

(v) Works under minimal supervision, either individually or in a team environment.

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IV and to the level of his/her training— (i) Provides technical guidance or advice within the

scope of this level; (ii) Prepares reports of a technical nature on specific

tasks or assignments as directed or within the scope of discretion at this level;

(iii) Has an overall knowledge and understanding of the operating principle of the systems and equipment on which the tradesperson is required to carry out their task;

(iv) Assists in the provision of on the job training in conjunction with supervisors and trainers.

The following are indicative of tasks which an employee at this level may perform subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed—

Through a systems approach is able to exercise high level diagnostic skills on complex forms of machinery, equipment and instruments which utilise some combination of electrical, electronic, mechanical or fluid power principles.

Sets up, commissions, maintains and operates sophisticated maintenance, production and test equipment and/or systems involving the application of computer operating skills at a higher level than Vehicle Building Tradesperson Level IV.

Works on various forms of machinery and equipment electronically controlled by complex digital and/or analogue control systems using integrated circuitry.

Works on complex electronics or instruments or communications equipment or control systems which utilise electronic principles and electronic circuitry containing complex analogue and/or digital control systems using integrated circuitry.

(2) (a) Transitional Arrangements I imWi riliKTK rs l iTu^ Ff Mil i HI I ■

(i) From the first pay period commencing on or after

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entation shall be handled in accordance with the procedures prescribed by Clause 29.—Avoidance of Industrial Disputes, of this award.

(vi) Wage increases arising from broadbanding and adjustment of minimum rates shall be absorbed into existing overaward payments.

1

first pay period commencing on or after 18 June 1990.

(in) In the event that there is a claim for reclassification by an existing employee to a higher level under the new structure on the ground that the employee possesses equivalent skill and knowledge gained through on-the-job experience or on any other ground the following principles apply— (aa) The existing award disputes avoidance pro-

cedure shall be followed. (bb) Competency standards shall be established in

conjunction with TAFE or other relevant authority for all levels in the new classification structure before any claims for reclassification are processed.

(cc) Procedures for testing the validity of an employee's claim for reclassification should be examined. Testing shall be undertaken by an independent third party recognised by SESDA (when established) or TAFE.

(c) Review The classification structure shall be reviewed prior to the

expiration of six months from 18 June 1990, and prior to the final determination of classifications in accordance with subparagraph (ii) of paragraph (a) of subclause (2) of this clause.

7.—Hours. (1) (a) The provisions of this subclause apply to all

employees other than those engaged on continuous shift work.

(b) Subject to the provisions of subclauses (3) and (4) of this clause the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases.

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

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

(iii) 114 hours within a work cycle not exceeding

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m finishing not later than 8.00 a.m. on Saturday of that week, shall be deemed to have been worked in ordinary working hours.

(e) The ordinary hours of work prescribed herein shall not exceed 10 hours on any day. Provided that—

(i) in any arrangement of ordinary working hours on mil

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are to be worKed. (f) The ordinary hours of work shall be consecutive except

for a meal interval which shall not exceed one hour, and (i) an employee shall not be compelled to work for

ical interval ment is en- provided for

er and the , section or ■ employees f five hours, -ates of nav

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not exceed 152 hours m twenty-eight consecutive days. Provided that, where the employer and the majority of

employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is

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the employer has given the relevant union or

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concerned, the objective being to reach agreement on the method of implementation prior to May 17, 1982.

(c) In the absence of an agreement at plant level, the e for resolving special, anomalous s shall be as follows: Consultation shall take place will establishment concerned. If it is unable to be resolved at est the matter shall be referred to thi of the union concerned or depuf a conference of the parties shi without delay.

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

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

tice of Days Off Duty, t as provided in paragraphs (f) 3 in cases where, by virtue of the hours an employee, in accordance ind (iv) of paragraph (a) of this sub >ff duty during the work cycle, the advised by the employer at leas of the dav to be taken off dutv nrov

in the event of rush orders or some other emergency situation.

(ii) An employer and employee may by agreement

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agree to accrue up to a maximum of five (5) rostered days off in special circumstances such as where there are regular and substantial fluctuations in production requirements in any year.

Where such agreement has ten reached the accrued rostered days off must be taken within 12 months from the date of agreement and each 12 months thereafter.

It is understood between the parties that the involvement of the union or unions concerned would be necessary in

agreements or understandings have been achieved in-plant, a formal monitoring procedure shall apply. The basic steps in this procedure shall be as applies with respect to special,

(b) Subject to the provisions of this subclause, all work

time and one half for the fust two hours and double time thereafter.

For the purposes of this subclause, "ordinary hours", shall mean the hours of work fixed in an establishment in accordance with Clause 7.—Hours.

(c) (i) Work done on Saturdays after 12.00 noon or on

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(b) Subject to the provisions of paragraph (c) of this subclause all time worked in excess of or outside the ordinary working hours, or on a shift other than a rostered

tcj rune worsea m excess or me oramary wonting nours shall be paid for at ordinary rates:

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

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

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

le

"E 74 W.A.I.G.

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of this subclause shall be included in, and form


part of, the ordinary weekly wage prescribed in this clause.

(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.

(d) A tradesperson or apprentice shall replace or pay for any tools supplied by his/her employer if lost through his/her negligence.

(5) A casual employee shall be paid twenty per cent of the ordinary rate in addition to the ordinary rate for the calling in which he/she is employed.

(6) Junior Employees (Wage per week expressed as a percentage of the Vehicle Builder Level 1 rate)—

% Under 16 years of age 35 16 years of age 45 17 years of age 55 18 years of age 65 19 years of age 78.5 20 years of age 93

(7) Adult Minimum Wage Notwithstanding the provisions of this award, no em-

ployee (including an apprentice), twenty-one years of age or over, shall be paid less than $275.50 per week as his/her ordinary rate of pay in respect of the ordinary hours of work prescribed by this Award, but that minimum rate of pay does not apply where the ordinary rate of pay (including any part thereof payable in addition to the award rate) is not less than $275.50.

Where the said minimum rate of pay is applicable the same rate shall be payable on holidays, during annual leave, sick leave, long service leave and any other leave prescribed by this Award.

Notwithstanding the foregoing, where in this Award an additional rate is prescribed for any work as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this Award for the classification in which the employee is employed.

(8) Structural Efficiency (a) Arising out of the decision of the State Wage Case

on 8 September 1989 and in consideration of the wage increases resulting from the structural efficiency adjustments to this Award, employees are to perform a wider range of duties, including work which is incidental or peripheral to their main tasks or functions.

(b) The parties to this Award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the vehicle building industry and to enhance the career opportunities and job security of employees in the industry.

(c) At each plant or enterprise a consultative mechanism may be established by the employer, or shall be established upon request by the employees or the union. Tie consultative mechanism and procedure shall be appropriate to the size, structure and needs of the workplace or enterprise. Measures raised by the employer, employees or union or unions for consideration consistent with the objectives of paragraph (a) hereof shall be processed through that consultative mechanism and procedures.

(d) Measures raised for consideration consistent with paragraph (c) hereof shall be related to implementation of a new classification structure, the facilitative provisions contained in this Award and, subject to Clause 37.—Training, matters concerning training and subject to paragraph (e) hereof, any other measures consistent wilt the objectives of paragraph (b) of this subclause.

(e) Without limiting the rights of either the employer or a union to arbitration, any other measure designed to increase flexibility at the plant or

enterprise and sought by any party shall be notified to the Commission and by agreement of the parties involved shall be subject to the following requirements—

(i) the changes sought shall not affect provisions reflecting national standards recognised by the Western Australian Industrial Relations Commission;

(ii) the majority of employees affected by the change at the plant or enterprise must genuinely agree to such change;

(iii) no employee shall lose income as a result of the change;

(iv) the union must be a party to the agreement; (v) the union shall not unreasonably oppose any

agreement; (vi) any agreement shall be subject to the

approval by the Western Australian Indus- trial Relations Commission and, if approved, shall operate as a schedule to this Award and take precedence over any provision of this Award to the extent of any inconsistency.

(f) Any disputes arising in relation to the implementation of paragraphs (c) and (d) hereof shall be subject to the provisions of Clause 29.—Avoid- ance of Industrial Disputes of this award.

10.—Special Rates and Provisions. (1) Painters—

(a) Dry rubbing down—no surface painted with lead paint shall be rubbed down or scraped by dry process other than by hand.

(b) Washing of hands—the employer shall provide for employees in the painting branch of the industry, washing facilities and soap suitable as a solvent for paint mixtures, in some convenient place, for the use of employees before meals and after knocking off work.

(c) Spray Painting—where painters using sprays are employed, adequate protection for their health shall be provided by the employers. They shall also be provided with respirators.

It shall be considered a breach of this award for spray painting operations to be carried on contrary to any orders of or Regulations made under or in pursuance of the Factories and Shops Act 1963.

(d) Painters shall be allowed five minutes each day before ceasing work at end of shift for the purpose of washing and cleaning up.

(2) No employee shall be permitted to have a meal in any paint shop, or in such close proximity to any place where painting operations are being carried on as is likely to cause injury to his/her health.

(3) Blowers—where practicable, blowers shall be installed in and around wood-working machines where dust is created and likely to affect the health of employees.

(4) (a) Goggles, glasses and gloves or other efficient substitutes therefore shall be available for the use of any employee engaged in welding.

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

(c) No employee shall lend another employee any such article of protective equipment issued to such first mentioned employee, and if the same is lent, both the lender and the borrower shall be deemed guilty of wilful misconduct

(d) Before goggles, glasses or gloves or any such substitutes which have been used by An employee are re-issued by the employer to another employee, they shall be effectively sterilised.

(e) During the time any article of protective equipment is on issue to the employee, he/she shall be responsible for any loss or damage thereto, fair wear and tor attributable to ordinary use excepted.

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day or shift on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day or shift.

(2) Should any employee be required to perform woric in a lower grade for any portion of a day, his/her wages shall not be reduced whilst employed in such capacity for that day.

(3) Provided that these provisions shall not apply where n

I i

1111

(b) The sequence of work shall not be deemed to be broken under die preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or any other day that the employer observes a shut down for the purpose of allowing a 38 hour week or on any holiday.

(4) Where a shift commences at or after 11.00 p.m. on any

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13.—Breakdowns. The employer shall be entitled to deduct payment for any

day or portion of a day upon which a employee cannot be usefully employed because of any strike by the Union or unions affiliated with it, or by any other association or union,

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jy not pros yer's establ 'hich case a ■ duty and

deducted, but if work be done, ordinary rates of pay shall apply.

(3) Any employee absenting himself/herself from work on the whole or any portion of the working day preceding or on the whole or any portion of the working day succeeding

ITERN AUSTRALIAN INDUSTRIAL GAZETTE

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

(ii) Subject to paragraph (c) hereof an employee shall, sth(

of a week for each completed month he/she is continuously so engaged.

(6) If any award holiday falls within an employees' period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day,

period one " i holiday ol mth's conti y period ai the employ] o fault of >23 hours' p >) of subclai

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might have become payable to the employee as reimbursement for expenses incurred,

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

(i) Day Employees—An employee who would have worked on day work had the employee not been on leave—a loading of 17!/2 per cent

(ii) Shift Employees—An employee who would have worked on shift work had the employee not been on ' wl

qualifying period. (8) Any time in respect of which an employee is absent

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

(9) In the event of an employee being employed by an employer for portion only of a year, he/she shall only be entitled, subject to subclause (7) of this clause to such leave on full pay as is proportionate to his/her length of service during that period with such employer, and if such leave is

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I iin Mart •ratM/tTtiikt^vt (13) The provisions of this clause shall not apply to casual

employees.

16.—Absence Through Sickness. (1) (a) An employee who is unable to attend or remain at

less unless after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year if any, shall be accompa- nied by such certificate.

(5) (a) Subject to the provisions of this subclause, the

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17.—Tools. (1) Woodworkers and other branches requiring files and

hacksaw blades, bench vices, cramps (above four inches) and rasps for the execution of their work to be supplied with same by the employer.

(2) Where an apprentice to the trade provides his/her own tools, other than those mentioned in subclause (1) hereof, such employee shall be supplied with an order for a sum equivalent to the sum of 44 cents per week after completion of the probationary period for the first and second years and shall receive such sum per week for the purpose of purchasing tools.

(3) Where a woodworker provides his/her own tools, other than those mentioned in subclause (1) hereof, such employee shall be supplied with an order for a sum equivalent to 44 cents per week for the purpose of purchasing tools.

(4) (a) The employer shall, where practicable, provide a water proof and secure place in this workshop for the safe keeping of an employees' tools, when not in use.

(b) An employee, who at the cessation of work on any day does not remove his/her tools from the employer's premises, shall be responsible for depositing his/her tools in the secure place where such place is provided by the employer.

(5) Any dispute arising out of this clause may be determined by the Board of Reference.

18.—Junior Employees. Unapprenticed male/female juniors may be employed in

all occupations for which apprenticeship is not provided, at the rates of wages as set out in Clause 9. hereof.

employment and training for an apprentice, and if a transfer to another employer cannot be arranged, the obligations and duties imposed by the indenture may, with the concurrence of the apprentice and his/her guardian, be suspended for a period agreed upon or, if no such agreement be arrived at may be cancelled by the employer. The onus of proof of circumstances justifying such cancellation shall be on the employer.

This provision shall be deemed to be included in all contracts of apprenticeship now existing and also in all future contracts entered into.

(5) Except as hereinafter provided every agreement of apprenticeship entered into on or after the 22nd day of January 1971 shall be for a period of four years, unless with the approval of the Commission, that period is reduced or deemed to have been commenced prior to the date of the agreement, provided that—

(a) where the apprentice has completed the eleventh year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has die vocational aptitude for the trade concerned, he/she may be allowed a credit to reduce the period to three and a half years; and

(b) where the apprentice has completed the twelfth year of schooling and has obtained the High School Certificate or Leaving Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has die vocational aptitude for the trade

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(1) the names of each employee to whom this award applies;

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uwcu 10 uiikC iictcssiay CAirauis uieicuum. em of automatic recording by means of m^hine smed to comply with this provision to the extent nmation recorded.

22.—Payment of Wales, i employee shall be paid the appropriate rate Clause 9.—Wages of this award. Subject to 2) of this clause payment shall be pro rata where le Ml week is worked. n the date that a 38 hour week system is sdby an employer wages shall be paid as follows: tctual 38 ordinary hours

In the case of an employee whose ordinary hours of work are arranged in accordance with subparagraph (i) or (ii) of paragraph (a) of subclause (3) of Clause 7.—Hours of this award so that the employee works 38 ordinary hours each week, wages shall be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight. Average of 38 ordinary hours

Subject to subclauses (3) and (4) hereof, in the ase of an emolovee whose ordinary hours of work

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subparagraphs (iii) and (iv) provides that in implementing a 38 hour w of an employee may be employee is entitled to a i or rostered day basis, duri is in these cireumstana system would apply. If the 38 hour week is to b give an employee a day off would be achieved if, dur consecutive days (that is, weeks) the employee's arranged on the basis tha weeks the employee wof each week and in the fc ordinary hours. That is, the for 8 ordinary hours each inclusive for three weeks i four days only in the four days during the work cycl In such a case the averag the weekly wage rates for applicable to the employe weekly wage rates set o classification in Clause 29.

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ror an average or oramary nours even mougn, that week, the employee works a total of 32 ordinary hours.

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

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

(3) Absences from Duty (a) An employee whose ordinary hours are arranged

in accordance with subparagraph (iii) or (iv) of paragraph (a) of subclause (3) of Clause 7.— Hours of this award and who is paid wages in accordance with paragraph (a) of subclause (2) hereof and is absent from duty (other than on annual leave, long service leave, holidays prescribed under this award, paid sick leave, workers' compensation or bereavement leave) shall, for

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the employer is able to maKe suitable arrangements, wages may be paid on the working day preceding pay day.

Where an employee and the employer agree, the employee's wages may be paid by cheque or direct transfer into the employee's bank (or other recognised financial

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(2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or

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ment and a period of six weeks' compulsory leave to be taken immediately following confinement

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

(c) An employee shall give not less than four weeks' notice in writing to her employer of the date upon

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qualified medical practitioner certifies a sary before her return to work, provided aggregate of paid sick leave, special r leave and maternity leave shall not ej

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

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living child. io; wnere me pregnancy or an employee men on

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

Special Maternity Leave and Sick Leave (a) Where the pregnancy of an employee not then on

maternity leave terminates after 28 weeks other than by the birth of a living child then—


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

(b) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then

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74 W.A.I.G.

xjsc of this clause— gible employee" means an employee wl scomes, a member of the superannuation :ted in accordance with subclause (3) o: >e and who is— a weekly employee with not less than weeks of continuous service with the ployer; or a casual employee who has— (aa) had a start with the employer on 30

in a period not greater than one provided that such period does

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thirty-eighth of the weekly wage prescribed for the classification in which the employee is engaged.

(3) An employee engaged on a part time basis shall be entitled in respect of annual leave, holidays, sick leave and bereavement leave arising under this award payment on a

Where a part time employee is entitled to a payment, either on termination or for the purposes of annual leave or at a close down, for continuous service in any qualifying twelve monthly period then the payment of 2.923 hours' pay prescribed by paragraph (b) of subclause (5) of Clause 15.—Holidays and Annual Leave shall be in respect of each cumulative period of 38 ordinary hours worked during the qualifying period.

Annual Leave without deduction of pay in respect of each holiday which is observed on a day ordinarily worked by the part time employee.

(c) Absence Through Sickness Notwithstanding the provisions of paragraph (a)

of subclause (1) of Clause 16.—Absence Through Sickness the accrual of one-sixth of a week for each completed month of service shall be calculated on the average number of ordinary hours worked each week for every completed month of service.

;d) Bereavement Leave Where a part time employee would normally

work on either or both of the two working days following the death of a close relative which would entitle an employee on weekly hiring to bereavement leave in accordance with Clause 32.—Bereavement Leave of this award the employee shall be entitled to be absent on bereavement leave on either or both of those two woriring days without loss of pay for the day or days concerned.

(e) Overtime A part time employee who works in excess of

the hours fixed under the contract of employment shall be paid overtime in accordance with Clause

in subclause (2) of this clause. (b) "Ordinary time earnings" means an eligible

employee's award classification rate (including supplementary payment) any regular over-award payment, tool allowance, leading hand allowance

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All other allowances and payments are excluded.

(c) "Act" means the Occupational Superannuation Standards Act 1987.

(d) "Reflations" mean the Occupational Superan- nuation Standards Regulations.

(2) Contributions: (a) In accordance with this clause and subject to the

employee an employer shall contribute to a

and Regulations a superannuation contribution, equivalent to 3% of such eligible employee's ordinary time earnings.

(b) Provided that upon completion of the qualifying period specified in subclause (1) of this clause, contributions on behalf of each eligible employee shall apply from the date of commencement of employment of such employee.

(c) Provided further that the contributions offered by an existing Fund of which the eligible employee is a member may be improved to the extent that they are equivalent to those prescribed by paragraph (a) of this subclause and are in accordance with the Act and Regulations.

(d) The contributions required herein shall be made to the relevant Fund in the manner and at the times specified by the terms of the Fund or any agreement between the employer and Trustees of the Fund.

(3) Superannuation Fund: (a) The employer shall make superannuation contri-

butions, or improvements pursuant to this clause, to any of the following Funds selected by the employer—

(i) the Westscheme Superannuation Scheme; or (ii) any Fund agreed between the employer and

eligible employees, and their Union or

74 W.AJ.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3151

(iii) any Fund which has application to employees in the principal business of the employer, where eligible employees covered by this Award arc a minority of award-covered employees.

(b) Provided that an employer shall not be compelled to contribute to more than one Fund in respect of eligible employees employed under this Award.

(c) Subject to the terms of this clause, where there is a dispute over the choice of Fund to be utilised by an employer, the matter shall be referred to the Western Australian Industrial Relations Commis- sion for determination.

(4) Fund Membership: (a) The employer shall make an eligible employee

aware of his/her entitlements under this clause and offer such eligible employee the opportunity to become a member of the appropriate Fund. An eligible employee shall be required to properly complete the necessary application forms to become a member of the appropriate Fund in order to be entitled to the contributions prescribed in subclause (2) of this clause.

(b) In a case where an eligible employee refuses to become a member of a relevant Fund, the employer shall notify the Trustees, in writing, of such circumstances.

(c) In the event that an eligible employee elects not to join the Fund, the employer shall advise the employee in writing of his/her entitlements, within a period of a further six months. Should such employee subsequently complete the necessary forms and become a member of the Fund, the contributions prescribed in subclause (2) of this clause shall start from the commencement of the first pay period beginning on or after the completion of such forms.

(d) In a case where an eligible employee refuses to join the relevant Fund within a period of 30 days from commencement of employment, the employer shall not be required to make any contributions in respect of that employee.

(5) Exemption: (a) This clause shall be deemed to be satisfied by any

employer who, as at 1 July 1990 or at the date of becoming respondent to this Award, is already satisfying and continues to satisfy the requirements of subclause (2) of this clause by providing new or improved superannuation benefits or contributions equivalent to 3% of ordinary time earnings and in accordance with the Act and Regulations.

(b) Leave is reserved to any employer to apply for exemption from this clause on the grounds of the standard of existing superannuation arrangements provided by the employer, or the employer's financial capacity to pay.

(6) Absence From Work: Subject to the Trust Deed relating to the Fund of which an

employee is a member, the following provisions shall apply. (a) Paid Leave:

Contributions shall continue whilst a member of a Fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service and bereavement leave.

(b) Unpaid Leave: Contributions shall not be required in respect of

any absence from work without pay. (c) Sickness and Work Related Injury:

In the event of an eligible employee's absence from work due to sickness or a work related injury, contributions shall continue for the period of the absence provided that—

(i) the member of the Fund is receiving regular payments directly from the employer in

accordance with statutory requirements or the provisions of this Award;

(ii) the duration of the absence does not exceed 52 weeks in total for each injury or sickness.

(iii) the person remains an employee of the employer.

(7) No Reduction: Nothing contained herein shall serve to reduce any

superannuation entitlement which an employee was receiving at the time provisions contained in this clause became effective.

37.—Training. (1) In order to increase the efficiency, productivity and

international competitiveness of industry, a greater commitment to training and skill development is required. Accord- ingly, the parties commit themselves to—

(a) developing a more highly skilled and flexible workforce;

(b) providing employees with career opportunities through appropriate training to acquire additional skills; and

(c) removing barriers to the utilisation of skills acquired.

(2) Following proper consultation in accordance with subclause (6) in Clause 9.—Wages, or through the agreed establishment of a training committee, an employer shall develop a training programme consistent with—

(a) the current and future skill needs of the enterprise; (b) the size, structure and nature of the operations of

the enterprise; (c) the need to develop vocational skills relevant to

the enterprise and the metal, engineering and vehicle building industry through courses conducted by accredited educational institutions and providers.

(3) Where it is agreed that a training committee be established, such training committee shall be constituted by equal numbers of employer and employee representatives and have a charter which states clearly its role and responsibilities, for example—

(a) formulation of a training programme and availability of training courses and career opportunities to employees;

(b) dissemination of information on the training programme and availability of training courses and career opportunities to employees;

(c) the recommending of individual employees for training and reclassification;

(d) monitoring and advising management and employees regarding the ongoing effectiveness of the training.

(4) (a) Where, as a result of consultation in accordance with subclause (6) of Clause 9.—Wages, or through a training committee and/or with the employee concerned, it is agreed that additional training in accordance with the programme developed pursuant to subclause (2) hereof should be undertaken by an employee, that training may be undertaken either on or off the job and if the training is undertaken during ordinary working hours, the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

(b) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those text books which are available in the employer's technical library) incurred with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement shall also be on an annual basis, subject to the presentation of reports of satisfactory progress.

(c) Travel costs incurred by an employee undertaking training in accordance with this clause, which


exceed those normally incurred in travelling to and from work, shall be reimbursed by the employer.

(5) Subclauses (2), (3) and (4) hereof shall operate as interim provisions and shall be reviewed after nine months' operation. In the meantime, the parties shall monitor the effectiveness of those interim provisions in encouraging the attainment of the objectives detailed in subclause (1) hereof. In this connection, the unions reserve the right to press for the mandatory prescription of a minimum number of training hours per annum, without loss of pay, for an employee undertaking training to meet the needs of an individual enterprise and the metal and engineering industry.

(6) Any disputes arising in relation to subclauses (2) and (3) shall be subject to the provisions of Clause 29.— Avoidance of Industrial Disputes, of this Award.

38.—Traineeships. (1) Scope: This clause shall apply to a trainee employed under the

Australian Traineeship System approved by the State Employment and Skills Development Authority.

(2) Definitions: For the purposes of this clause:

The "Australian Traineeship System" means a structured system of on the job training with an employer and off the job training in a Tfcchnical and Further Education College or other accredited training providers.

"Trainee" means an employee engaged under the terms of this award and in accordance with the provisions of an Australian Traineeship established pursuant to Section 37D of the Industrial and Commercial Training Act 1975.

(3) Objective: (a) The objective of this clause is to provide the form

and substance of conditions of employment, including rates of pay, applicable to persons engaged under the Australian Traineeship System.

(b) An objective of the Australian Traineeship Sy stem is to provide additional employment and training opportunities. Existing full time employees shall not be displaced from employment by a trainee.

(4) Form of Traineeship Agreement: (a) A traineeship shall be entered into by means of a

written agreement in a standard form registered in accordance with the provisions of the Industrial and Commercial Training 1975.

(b) A trainee shall be engaged in accordance with Clause 6.—Contract of Service of Part I—General provided that they shall not be employed on a part time or casual basis.

(c) The traineeship shall be for a period of 12 months, but this period may be varied with the agreement of the relevant union and the employer.

(5) Employment Conditions: (a) A trainee shall participate in the approved on the

job training programme and attend the accredited off the job training as prescribed in the training programme.

(b) An employer shall release a trainee from work without loss of continuity of employment to attend the prescribed off the job for the traineeship.

(c) The employer shall provide an appropriate level of supervision during the traineeship period.

(d) Where the employment of the trainee is continued after completion of the traineeship period, such traineeship period shall be counted as service for the purpose of the award.

(6) Overtime and Shiftwork: (a) Overtime and shiftwork shall not be worked by a

trainee except in circumstances where the section

in which the trainee is receiving on the job training is required to work overtime, or the work of that section is normally carried out by shifts. When overtime and shiftwork are worked, the relevant penalties and allowances will apply.

(b) A trainee shall not work overtime alone. (7) Wages:

(a) The weekly wage payable to a trainee shall be not less than that determined by applying the appropriate junior wage per week calculated in accordance with subclause (4) of Clause 31.—Wages and Supplementary Payments of this award.

(b) In any case, the rate determined shall not be less than the minimum rate prescribed in the Austra- lian Traineeship guidelines as amended from time to time.

(c) Where a trainee successfully completes a traineeship and is employed by the same employer performing work appropriate to the training received, the C12 rate of pay shall apply for the purpose of calculating the appropriate junior rate.

Dated at Perth this 5th day of November, 1971.

First Schedule.—Schedule of Respondents. Body Builders and Repairers:

Boltons Pty Ltd, Sutherland Street, West Perth Freighter Industries Ltd, Guthrie Street, Osbome Park Howard Porter Pty Ltd, Murphy Street, O'Connor Ropa Products Pty Ltd, Adrian Street, Welshpool

Caravan Builders and Repairers: Baravan Caravan Centre, Welshpool Road, Welshpool Tru-Line Caravans, Hutton Street, Osbome Park

Motor Trimmers: Beurteaux K.W. & Co, Quarry Street, Fremantle Ross Sonny Trimmers Pty Ltd, Welshpool Road, Welshpool

Trailers: Cardell & Cardell, Campbell Street, Belmont Fruehauf Trailers A/Asia Pty Ltd, Great Eastern Highway, Rivervale

Panel Beaters and/or Painters: Badger's Motors Pty Ltd, Fitzgerald Street, North am Brakespeare Jim, Wellington Street, Bunbury Coastal Panel Beaters, Cockbum Road, South Fre- mantle John & McAuliffe (1957) Pty Ltd, Claisebrook Road, East Perth Kalgoorlie Panel Beaters, Kalgoorlie Katanning Panel Beating Co Pty Ltd, Claude Street, Katanning McKenzie Motors, Arthur Street, Bunbury. Panel Repair Co, Urch Street, Geraldton Wilkinson Peter & Co, Adrian Street, Welshpool Winterbottom Motors Pty Ltd, St. George's Tferrace, Perth

Motor Vehicle Assemblers: General Motors Holden Ltd, Buckland Avenue, Mosman Park Ford Motors Co (Aust) Pty Ltd, 130 Stirling Highway, North Fremantle Second Schedule—Named Parties to the Award.

Union Party Metals and Engineering Workers' Union—Western Aus-

tralian Branch


SCHOOL TEACHERS TRIBUNAL—

Matters dealt with—

1—Admissions and Appointments of Part IV—Tfeachers, which are also relevant. In the circumstances referred to by the Respondent it was submitted that it could not be said that the Tribunal is concerned with an inequity arising out of the application of the Act or Regulations and therefore it has no jurisdicti

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) any maustnai matter relating to a teacner, £ group of teachers or teachers generally; and

) any matter concerning the interpretation oi application of any Act or regulation governing the service of a teacher, a group oi teachers or teachers generally or conceminf any inequity arising out of the application o; any such Act or regulation;"

ndent for its part says that if the Tribunal has or the purpose of this Application it is to b< s.78(l)(a) of the Industrial Relations Act 1979 lent argues, however, that the matter does no ipplication of the Act or Regulations becausi ecutive Officer of DEVET in offering tempo permanency was not acting pursuant to a powe: ' the Act or Regulations. The Responden lis regard to the Regulations under Divisiot >f Part X—Technical Institutions, but did no unal to any of the Regulations under Divisiot

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(b) Tbmporary and part-time teachers. (c) Laboratory, maintenance and wages staff. Regulation 247 authorises the Chief Executive Officer of

the Department to detemine the composition of fuiltime teaching staff and the establishment of staff within a technical institution or department.

"Vacancies, new officers, appointments, etc.", are subject to Regulation 246 which reads as follows.

"(1) Vacancies or new offices in the permanent full time teaching staff shall be advertised and appointments filled as provided in regulations 101 and 102, and regulations 102E to 102H (both inclusive) and regulations 252A to 252E, but a vacancy or new office may also be advertised outside the teaching service where in any case the chief executive officer considers such advertisement necessary.

(2) Appointments to vacancies or new offices mentioned in categories (b) and (c) of regulation 245 shall be made by the chief executive officer.

(3) The position of Director of a Regional College of Technical and Further Education is deemed to be an office in the permanent full time teaching staff notwithstanding the fact that an appointment to such a position is made for a fixed term.

(4) An appointment or promotion to the position of Director of a Regional College of Tfechnical and Further Education may be mile for a period not exceeding 5 years.

(5) Where a teacher is appointed or promoted to the position of Director of a Regional College of Tfechnical and Further Education and that position is abolished or that term expires by cffluxion of time, other than by the teacher attaining the retiring age, and the teacher is not re-appointed to an office of Director of a College of Tfechnical and Further Education, the teacher is entitled to be appointed to a position not lower in status than the position which the teacher occupied immediately prior to his appointment to that position."

The authority for the Chief Executive Officer to appoint permanent fuiltime teaching staff derived from this Regula- tion is subject only to Regulations 101 and 102, 102E to 102H inclusive and 252A to 252E inclusive. Regulations 102E to 102H have been repealed. Regulations 252A to 252E apply to positions determined by the Chief Executive Officer to be "special positions" and are therefore not relevant. This leaves only Regulations 101 and 102 to be considered.

Regulations 101 and 102 are in the following terms. "Vacancies to be advertised 101. (1) (a) Subject to the Act and these regulations,

vacancies in positions on the teaching staff that are to be filled by promotion shall be advertised as directed by the chief executive officer.

(b) An advertisement under a direction given by the chief executive officer shall specify the qualifications required to be held by any applicant for the position referred to in the advertisement

(c) and (d) deleted (e) If it appears to the chief executive

officer, in any particular case, that the processes of filling a vacancy and of hearing appeals against a recommendation for appointment thereto are unlikely to be completed by 31 December preceding the year from which the appointment is to take effect, he may refrain from making the appointment, to fill the position by a temporary appointment and to re-advertise the position in the following year.

(f) When applying for more than one advertised position, a teacher must state which position he prefers and list the other positions for which he applies in order of his preference for appointment thereto.

(2) (a) A full-time teacher on the permanent staff who is eligible in accordance with these regulations and has the required qualifications and service may apply for any position so advertised, except that a teacher who holds a position in the metropolitan area for which he had applied may not apply for another advertised position in that area identical in status and remuneration with that already held by him if appointment to such new position would mean that he had served less than 2 years in his present position.

(b) For the purposes of this subregulation the metropolitan area means the portion of the State included within the prescribed area as defined in regulation 69.

(3) The chief executive officer shall give written notice to a teacher who is an unsuccessful applicant for an appointment within 14 days of a recommendation being matte.

Matters to be considered when recommendations made 102. (1) The Director of Staffing in making his

recommendations to the chief executive officer shall take into consideration the particular circumstances of the vacant position in question and the particular fitness of the applicants to discharge the duties of that position, and shall be bound by the ordinary rules of seniority only if the fitness of 2 or more of the applicants to discharge those duties is not capable, in the opinion of the Director, of clear distinction.

(2) Before giving advice or making a recommendation to the chief executive officer on any position, the Director of Tfechnical Education shall seek and consider the advice of the appropriate professional or trade advisory committee, if any, as to the qualifications and standing of the applicants for appointment to the teaching staff.

(3) Where by reason of a determination of the Tribunal or for any other cause, an applicant recommended by die Director is not available for the appointment for which he is recommended, the Director shall make another recommendation from the original list of applicants."

It is clear that these Regulations apply to vacancies on the teaching staff to be filled by promotion. The position of lecturer is not in my view a promotional position and therefore Regulations 101 and 102 do not apply. If I am wrong in this, however, the actions taken in offering permanent appointments to temporary lecturers are not in breach of those Regulations. Clearly the positions have been "advertised as directed by the Chief Executive Officer" (Regulation 101(l)(a)) and the advertisement has specified "the qualifications required to be held by any applicant for the position referred to in the advertisement" (Regulation 101(l)(b)). The "advertisement" is to be found at Exhibit 11 of the Applicant's Appeal Book which is an extract from the 4 Febniary 1993 Human Resources Bulletin. The purpose of that Bulletin is, amongst other things, to advertise general vacancies. To the extent that it is relevant Regulation 102 is also satisfied in that the particular circumstances of the positions in question and other relevant matters were required to be taken into consideration in the recommendations of College Directors through the assessment of the applicants against the criteria specified. (See


letter to College Directors dated 13 January 1993, Exhibit 3—Respondent Exhibit Book.

In addition to the above. Division 1 of Part IV—Tfeachers, of the Regulations, provides for the admission and appointment of "teachers". "Tfeachers" and "teaching staff" are defined in Section 3(1) of the Act and persons appointed to the teaching staff of technical institutions are not excluded. Regulations 59, 60, 61 and 62 regulate the criteria for appointment as a teacher (Regulation 59), employment of teachers in a school without further examination (Regulation 60), classification on appointment (Regulation 61) and appointments to the department (Regulation 62). "School" as defined for the purposes of the Regulations means "Government school or college unless expressly referred to as one other than a government school or college".

Regulation 60(2) provides that a person may be appointed or employed as a teacher in the Tfechnical Education Division or in a Senior College if, in the opinion of the Chief Executive Officer, that person has special qualifications for such appointment or employment.

Regulation 62 provides a further power to appoint staff in the following terms:

"(1) A person may be appointed to the department as a teacher—

(a) on a temporary basis, which may be— (i) for a fixed term; or

(ii) at the discretion of the chief executive officer; or

(b) on a permanent basis which may be on probation.

(2) Where a teacher is appointed under subreguladon (1)(b)— (a) the probation period shall be for such period

not exceeding 2 years in the first instance as may be determined by the chief executive officer,

(b) as soon as practicable before the period of probation has expired—

(i) the appointment shall be confirmed; (ii) the teacher shall continue on probation

for a further period as the chief executive officer thinks fit but not exceeding 2 terms; or

(iii) the appointment shall be terminated. (3) Where a direction is made under subregulation

(2)(b)(ii) before that further period expires the appointment shall be— (a) confirmed; or (b) terminated.

(4) A teacher appointed under subregulation (l)(a) or whose period of probation has not yet expired is not eligible—

(a) deleted (b) to apply for an advertised vacancy.

(5) Paragraph (4)(b) does not apply to or in relation to a vacancy in respect of which applications are not restricted to teachers employed in the department.

(6) Notwithstanding subregulations (1) to (5) a person may be appointed as a teacher in a permanent capacity if the position to which he is appointed is a position established for the purposes of Part X."

"Department" is not defined for the purposes of the Regulations but is defined in Section 3 of the Act to mean "the department of the Public Service principally assisting the Minister in the administration of this Act". This is taken to include DEVET. This would seem to be confirmed by the inclusion in Regulation 62 of Sub Regulation (6) which clearly envisages the appointment of a teacher in a permanent capacity without the appointment being subject to other conditions contained in Regulation 62 and Regulation 246, if the position to which fie person is to be

appointed is a position established for the purposes of Part X of the Regulations.

It matters not, in my view, that the Applicants in this case hold temporary appointments. This much is made clear by Regulation 62(6).

It would seem that the Regulations as they currently stand are badly out of date and have been overtaken by a number of organisational changes in the Government school and college sector. Nevertheless there would seem to be ample authority for appointments of the type the subject of these proceedings and I therefore find no basis in the first of the Respondent's arguments as to jurisdiction.

The alternative argument of the Respondent raises an issue which has been the subject of consideration on a number of occasions, most recently in detail in Matter No. T9 of 1993 (unreported). The argument in these proceedings is essentially the same as that put and rejected in T9 of 1993. Nothing that has been put in these proceedings would lead me to a conclusion different to that reached in T9 of 1993 and for the reasons expressed therein I also find against the alternative argument of the Respondent and conclude that the Tribunal has the jurisdiction to deal with the matter now before it.

I turn now to deal with the merits of the application. On 18 July 1991 the then Minister for Education,

Employment and Training announced the Government's intention to establish a new department known as the Department of Employment, Vocational Education and Training (DEVET). That department is now known as the Western Australian Department of Training but for the purposes of these Reasons for Decision it shall be referred to as DEVET. lb assist with the process of establishing the new department an Implementation Working Group (IWG) chaired by the then Executive Director of Homeswest, Mr G. Black, was established. The IWG included representatives from the Department of Employment and Training, the Department of Tfertiaiy and Further Education, the Public Service Commission, the Civil Service Association and the State School Tfeachers Union. The Tferms of Reference of the IWG were to investigate and report on

"(a) the amalgamation of the Departments of TAPE and Employment and Training with a view to streamlining management and organisafional functions;

(b) establishment of a structure which will; • enhance the capacity for policy development,

analysis and advice on vocational education and training matters to the Government;

• provide objective advice to Government on the cost effectiveness of vocational education and training course provision, funded through the public sector; and

• secure more cost-effective corporate services arrangements;

(c) arrangements for promoting a more effective partnership between DTAFE and independent colleges, in the development and delivery of vocational education, employment and training services to the State;

(d) arrangements for exercising of functional responsibilities with respect to:

• administration of industrial training (appren- ticeships, traineeships);

• promotion, development and delivery of equity and access initiatives in vocational training and employment programs based on social justice principles;

• promotion, development and delivery of labour market programs having regard for the role of the Commonwealth Government in funding such programs; and

• co-ordination of the delivery of programs in regional areas;

istactor

problem, it is proposed mat me executive acts quiCKiy, in concert with (he unions, in at least the following areas. (a) Tfemporary Staff

(i) Tfemporary Lecturers There are some 550 temporary lecturers in TAPE colleges at this time, substantially higher than in comnarable svstems interstate.

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temporary lecturers to permanency was highlighted in the report in the following terms.

"• The Government has announced a commitment to

workforce for Public Service staff. As a consequence, only two categories of employment are to apply; pennanent and contract The temporary category has been abolished.

• The Ministry of Education has established a taskforce to report on recommendations for reducing the number of temporary teachers. The Premier's Education and Training Statements, Foundations for the Future, reinforces the Govern- ment's commitment to reducing by half the State's reserve of temporary teachers within three years. In 1993 up to 500 temporary teachers will be offered permanency.

• In the most populous States, the issue of temporary lecturers has been addressed. Only South Australia's arrangements have any relevance to the Western Australian situation. In that State, temporary lecturers may apply for permanency after two years of continuous full-time service."

[Exhibit 1—Report on Policy recommendations for the employment mix of DEVET lecturing staff, Executive Summary, p. 1—Respondent Exhibit Book]

In its conclusions the working party noted that DEVET had more than four times the number of fulltime temporary

lability nent officers for service anywhere in the state, under the Education Act regulations."

[Exhibit 1—Report on Policy recommendations for the employment mix of DEVET lecturing staff, Executive Summary, p. 6—Respondent Exhibit Book]

It was further recommended that the new arrangements be implemented by 1 January 1993 and that there be a transition period of five years, subject to joint DEVET/

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Sometime between November 1992 and January 1993 the approach notified in Mr Hill's November letters to the SSTU

were sent to all College Directors and potential applicants advising of an agreement to offer permanency to temporary lecturers, subject only to applications being made and to criteria in terms similar to those recommended by the human resource working party being satisfied. In addition, details of the revised arrangement were published in the Depart- ment's Februaiy 1993 Human Resources Bulletin which is accessible to all staff and to the SSTU. That Bulletin referred to a recent review of the mix of employment categories of lecturing staff and noted that as a consequence of discussions held with the SSTU it had been agreed to offer permanency to fulltime and fractional time lecturers. The publication specified the criteria for appointment and invited applications.

There was some dispute and vagueness in proceedings before the Tribunal as to when and how the policy notified by Mr Hill in November 1992 changed and existence and/or status of any agreement in that respect However, the evidence of Mr Farrell and Ms WaUace viewed in the context of the sequence of events, the January 1993 correspondence and Februaiy 1993 Bulletin referred to above leads to a conclusion that on the balance of probabilities, such an agreement existed. In view of the importance of those letters and the Bulletin in establishing the status of the offer made to temporary lecturers they are

Century" Phase 1 of the importance of obtaining the right staffing mix in TAPE systems. In recognising this need the time is right to establish a staffing mix in DEVET whi • — -

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me contract atorium on the conversion of temporary :rs to permanent to exist during 1993 w appointments during 1993 to be on a ct basis msideration be given to those lecturers who tad 10 years service or more in TAPE being permanent. intention of the Department to implement fives in consultation with your union, you wish to discuss these issues please rli Wallace on 235 6010 or Neil McAullay 16." Respondent Exhibit Book] College Directors—January 1993

"As a result of the Department's review of employment categories of lecturing staff the Department has agreed to offer permanency to those temporary lectur-

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go to private providers. In 1995/96 it is anticipated that 100% of growth funding would be allocated to die private market This was said by Ms Wallace to "have a very serious knock-on effect for staffing" (Transcript p. 107).

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to Mr Bob Stratton, A/Manager, Human Resources on (09) 235 6287."

[Exhibit 3—Respondent Exhibit Book] According to Mr M alone for the Applicant union, he had

received advice that as a consequence of the offer of permanency some 157 applications were received. These applications were assessed against the specified criteria and 122 of the 157 who applied in response to the offer of permanency were determined to have met those criteria. This figure was confirmed by Mr Cloghan for the Respondent employer in proceedings before the Tribunal. At this point, however, the process ended and DEVET did not proceed to formalise the appointments to permanent staff. DEVET chose instead to adopt an approach which left open the offer of permanency but linked that offer to industrial objectives relating to changed conditions of service for all lecturers.

It was said on behalf of the Respondent that a number of factors existed, some of which had emerged during 1993, which prevented DEVET from granting temporary lecturers permanent status. Ms Wallace, Executive Director, Training Providers Division, was called to give evidence in this regard. That evidence may be summarised as follows.

1. There was no commitment to granting temporary lecturers permanent status arising from either the IWG report or the human resource management working party. Reference in the final report of the IWG to a policy to reduce the number of temporary lecturers reflected only the personal views of the Chairperson of that working group and the human resource management working party was a management initiative which attached no commitment or obligation to implement any of the working party's recommendations. Ms Wallace could not say that the offer contained in the January 1993 letters from DEVET and the February 1993 Bulletin did not result from an agreement between DEVET and the SSTU but she was not aware of any such agreement. Mr Farrell, on the other hand, gave evidence on behalf of the Applicant that such an agreement was reached at a meeting in early December 1992 of what

to affect the way in which DEVET is required to carry out its functions. The three areas emphasised by Ms Wallace are a need for greater flexibility and less permanency in the workforce, devolvement of functions which can be better delivered through the private market to that sector and a re-alignment strategy based on specialisation by colleges and campasses. According to Ms Wallace this is anticipated to have a considerable impact on staffing over the next few years and requires regular reporting by DEVET to the Cabinet Sub Committee on Public Sector Reform. Again, however, the general comment was not supported by specific detail.

The Vickery report on the Review of Education and Training commissioned by the Hon Minister for Education is said by Ms Wallace to include an analysis of ways of achieving better outcomes in vocational education and training. In so doing the report addressed the mode of governance of the college sector and established a number of key principles for DEVET identified as follows.

® To be more responsive to industry ® lb be more client focussed ® To be less bureaucratic in structure

While no model has yet been established based on the Vickery recommendations there is again in these proposals said to be an anticipated impact on staffing profiles which could put the permanency proposal in conflict with DEVET policy developments. What that impact would be was not quantified.

Under cross-examination Ms Wallace was unable to say with any authority why the processing of applications for permanency was continued despite the knowledge of the McCarrey and Vickery reviews if there existed the potential for those reviews to have the impact now claimed It was suggested by Ms Wallace that the full impact of the reviews may not have been felt until the Chief Executive Officer was required to analyse and make submissions on the reports. This, however, rings hollow when one considers other evidence surrounding the cessation by DEVET of the processing of permanency applications.


Firstly it was conceded under cross-examination that there had been no detailed analysis of what impact, if any, there would be on DEVET's staffing profiles arising from the McCarrey and Vickery reports.

Secondly it is clear on the evidence that despite the claim of changed circumstances, DEVET is still quite prepared to give effect to the permanent appointments but has linked that outcome to an industrial objective of removing from the Tfeachers (Public Sector, Tfcchnical and Further Education) Award 1993 the provision that hours required to be worked as normal duties which fall after 5.30pm on any day or on a Saturday morning shall count as equivalent to one and one-half hours in the weekly total and including in the award a provision that fulltime permanent and temporary staff who elect to lecture on Saturday or Sunday as part of then- ordinary hours of duty shall be paid at ordinary rates of pay and not attract any additional time payment or have then- hours worked converted by any penalty time factor. In a letter to the SSTU dated 17 December 1993 Mr Hill advised that acceptance of these changes to the award were a "condition precedent" to appointing permanently "approximately 160 temporary fulltime lecturers" (Exhibit 19— Applicant Exhibit Book). The letter also noted that in a meeting with the President of the SSTU it had been indicated that the union may be prepared to discuss these issues in the context of an enterprise bargaining agreement. That proposal was rejected by Mr Hill as being unacceptable on the basis that the two issues (permanency and award changes) are related and must be progressed simultaneously. Again, however, when questioned as to what impact the proposed award changes would have on staff numbers Ms Wallace could only say that there would be greater flexibility to maximise the use of existing permanent staff which would 'probably' reduce the numbers of casual staff. Ms Wallace could not say whether these award changes would impact on the total number of permanent and temporary staff required, although she thought they would.

Thirdly, it was conceded that there was only a very rough analysis of the impact of converting 122 temporary lecturers to permanent staff. When the question was asked as to whether the appointments would leave DEVET "over- loaded with permanents'' the Tribunal was told.' 'We didn't draw that conclusion because we were concerned with the principle in relation to converting temporary staff to permanents under the current environment we are facing" (Transcript p. 129).

Fourthly, the Tribunal's attention was drawn to the 1992/93 Annual Report of DEVET which recorded under the heading of Employee Relations the continuing implementation of matters arising out of a Civil Service Associa- tion/TAFE working party, including the conversion of approximately 100 staff (which were confirmed to be clerical staff) from temporary to permanent in accordance with agreed criteria. The only answers provided in evidence on the question of why clerical staff were treated differently to lecturing staff amounted to speculation and nothing was said which satisfactorily explained why the two groups could be said to be distinguishable.

For all of the reasons set out above I find that an offer of permanent appointment retrospective to 1 January 1993 was made to all temporary fulltime and fractional time lecturing staff either directly in writing or through the Department's Human Resources Bulletin, subject only to application being made and specified criteria being satisfied. The use of the Human Resources Bulletin to advertise DEVET's agreement to offer permanent appointment and the letters to College Directors in January 1993 were clearly intended to ensure that persons who considered that they may have met the criteria but had not been provided with an application form were not denied the opportunity to apply. I further find that approximately 122 applicants were assessed as having met the criteria specified and had established their eligibility for permanent appointment in accordance with the offers made. No good reason has been demonstrated for not appointing to permanent staff the successful applicants.

On the evidence it would appear that the only explanation for what occurred is to be found in the move by DEVET to use the circumstances to achieve the industrial objectives

earlier referred to. This may well have stemmed from frustration at the lack of progress in achieving through negotiation with the SSTU a number of changes to the way in which work is to be performed in Tfcchnical institutions. The changes sought are seen by DEVET to be essential for it to remain a viable provider of training in an environment increasingly affected by State and Federal Government policies and community needs. The lack of progress seems to arise from competing priorities over whether enterprise bargaining or workplace agreements should be used as the vehicle for change and a refusal by the SSTU to address issues relating to working arrangements and conditions which do not reflect current and emerging needs. The position of the SSTU is reflected in toe extraordinary attitude demonstrated by Mr Farrell in his evidence when he at first avoided questions about whether toe union was prepared to address toe industrial issues raised by DEVET but in the end said that it would only do so if it lost its argument in these proceedings. Unless toe SSTU is prepared to face reality and work positively towards toe development of a service appropriate to industry requirements it runs toe risk of becoming irrelevant and placing in jeopardy toe long term aspirations of its members. This does not, however, justify the approach taken by DEVET in using an unrelated administrative process under the regulations to achieve its objectives in lieu of some more positive strategy. What has occurred has left the lecturers concerned in toe position of being unfortunate and innocent casualties of a larger industrial agenda which has limited relevance to toe offer of permanency received by them and the applications they matte in good faith in response. In short toe treatment received by them has been patently unfair and constitutes an inequity arising out of toe application of toe Act and Regulations which should be remedied.

The Application is therefore to be determined by an Order that those Applicants who applied for permanent appointment in response to letters of offer forwarded on or about 13 January 1993 or in response to toe advertisement notified in the Human Resources Bulletin dated 4 February 1993 or through College Directors and who are assessed as meeting toe criteria for permanent appointment, be so appointed with effect from 1 January 1993.

MRS HUTCFflNSON: It is obvious from toe evidence given that toe 122 temporary lecturers in DEVET who met all toe criteria as advertised for gaining permanency have been unfairly dealt with for no good reason. The appointment to permanency as ordered is toe only proper solution to this application.

MRS BEAMAN: I have read toe reasons for decision of toe Commissioner in draft form. I agree with those reasons and have nothing to add.

Appearances: Mr P. Malone on behalf of toe Applicant Mr D.J. Cloghan and with him Mr D.J. Matthews (of

Counsel) on behalf of the Respondent


Industrial Relations Act 1979. State School Tfeachers Union of W.A. (Inc)

and Hon Minister for Education

No. TCR 11 of 1993. GOVERNMENT SCHOOL TEACHERS TRIBUNAL

COMMISSIONER R.N. GEORGE, Chairperson. MRS P. HUTCMNSON, Member.

MS M. BEAMAN, Member. 16 November 1994.

Order. HAVING heard Mr P. Malone on behalf of toe Applicant and Mr D.J. Cloghan and with him Mr D.J. Matthews (of Counsel) on behalf of the Respondent, toe Government

on it under the Industrial Relations Act 1979 hereby orders—

That those Applicants who applied for permanent appointment in response to letters of offer forwarded on or about 13 January 1993 or in response to the advertisement notified in the Human Resources Bulle- tin dated 4 February 1993 or through College Directors and who have been assessed, prior to the date of this Order, as meeting the criteria for permanent appointment, be so appointed with effect from 1 January 1993.

(Sgd.) R.N. GEORGE, [L.S.] Commissioner.


Industrial Relations Act 1979. State School Tfeachers Union of W.A. (Inc.)

and Minister for Education.

No. T 12 of 1994. Tfeachers (Public Sector Primary and Secondary Education)

Award 1993 No. TA 1 of 1992.

GOVERNMENT SCHOOL TEACHERS TRIBUNAL. COMMISSIONER S.A. CAWLEY, CHAIRPERSON.

DR N.R. REEVES, MEMBER. MS P.E. HUTCMNSON, DEPUTY MEMBER.


THE COMMISSIONER: This is the unanimous decision of the Government School Tfeachers Tribunal ("the Tribu- nal"). By this application the State School Tfeachers Union of W.A. (Inc.) ("the SSTU") seeks to vary the Tfeachers (Public Sector Primary and Secondary Education) Award 1993. The variation is sought to Table II of Schedule B—Salaries and Additional Payments by adding either/or of the following—

The positions of District Education Officer Level 2 and Level 3 shall be classified as promotional positions at Level 4. or

A District Officer wishing to transfer to another position covered by this award shall transfer to the level with the closest salary, plus one increment. In any event, the District Education Officer when transferring shall receive at least the salary and incremental date entitled to at the cessation of his/her term as an education officer.

The substantive ground for its claim is identified by the SSTU in the schedule filed with its application as its fundamental adherence to the purposes of the Structural Efficiency Principle. According to the SSTU—

(a) [A]n emphasis of the wage principles is on career development and career paths. The position of the District Education Officers is the antithesis of that and the award variation if granted will remove this anomaly.

(b) A clear parallel exists between the duties of a District Education Officer and those of other school based positions at Level 4 and above.

(c) District Education Officers are currently discriminated against in that if they transfer to mainstream teaching voluntarily or otherwise, they are significantly disadvantaged.

(d) The Minister has a responsibility to provide District Education Officers (who have gained their promotional positions through competitive merit

related career path. (e) To achieve consistency within the application of

the award provisions. There are 29 districts recognised in the education system

administered by the Etepartment. Each has a district office headed by a District Superintendent. A number of other staff work out of the district offices. Currently these include 28 District Education Officers. Generally the role of the District Education Officer to report to the District Superintendent for the provision of what might be termed education leadership in the district and management of all educational operations of the District Office. District Education Officers generally are appointed for betv/een one and four year terms. Appointments beyond two years are appealable. The salary rate is that of Education Officer Level 2 or 3 pursuant to the Tfeachers (Public Sector Primary and Secondary Education) Award 1993.

At the end of his or her term of appointment the District Education Officer reverts to the status of level of appointment he or she occupied prior to taking up the position unless he or she is appointed for another term or wins another promotional position on merit.

The SSTU argues that the requirement that a District Education Officer who does not achieve either of these at the end of the term of appointment revert to his/her previous status is a retrograde step which is contrary to the Wage Fixing Principles and inequitable. According to it. District Education Officers are currently denied a career path, are discouraged effectively from developing skills, are disadvantaged by the level of insecurity involved and are penalised by the employer's outdated reliance on regulation 140 of the Education Act Regulations.

The employer's case in objection can be summarised as follows.

The SSTU application can not be justified in terms of the current structure of the award and will impose an unnecessary financial and administrative burden on the Department. District Education Officer positions, far from resulting in an inequitable situation as the SSTU asserts, are actually an opportunity for teaching staff to gain experience in the operation of a District Office and in the role of administrator/co-ordinator. The Etepartment submitted that the SSTU claim amounted to a paralleling of the District Education Officer positions with school based positions. It says this is at odds with the different roles, responsibilities and conditions of employment In particular so far as this last is concerned, the Tribunal's attention was drawn to the fact that the District Education Officers' conditions of employment include 4 weeks' annual leave and daily hours of work from 8.15am to 4.30pm.

The Etepartment says that the fact that teachers take up these appointments in the knowledge that they are limited is relevant. Further, it strongly argues that to accede to the SSTU claim would amount to an undercutting of an important policy of the Etepartment in force since 1988. This is the discouragement of a "build up" of staff with career paths in non-school positions. Limited tenure District Education Officer positions are a means to ensure a turnover of staff in non-school positions. According to it this ensures that staff maintain recent school experience and provide equity of access for all staff to seek positions in the small number of non-school locations. Thus, it says, there are significant administrative advantages for the Etepartment in having a flexible and responsive staffing profile.

The issue between the parties here is of long standing. There is evidence that at least since 1992 persons appointed to District Education Offices have endeavoured to persuade the Etepartment of the merit of this claim or the need for remedy.

It is noted that in the course of proceedings the parties' attention was drawn to the special case proceedings in July 1990 before the Tribunal and to particular parts of the transcript. [Matter No. T 1(2) of 1989 (R2); (1990) 70 WAIG 3458]. Because of this the parties were given an opportunity to make further submissions subsequently in relation to this record.


ISiiiiii fundamentally founded on a conclusion that there can be no cross over or movement between positions within schools

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convinced the Tribunal then I significant step forward in bolt consideration of this case, the employer clearly included n across school based and r Evidence was called then tt promotional positions into four without the necessity for retro; by senior management persor important improvement in fie; way to ensuring that non-schc not allowed to become remoti The broadbanding had been i evaluation process (BIPERS consultants. It was noted at the positions had not been directl) but the employer clearly ackm a recognition of work value attached to the position.

In this context there are rele to the positions of District Educ before us documented evidence position of District Education carried out, the level of res

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mainiain its poucy mat mere snouia oe no career patn m non-school based positions. This is unexceptional. The condition of limited tenure attached to such positions is no doubt designed to ensure this. It is a matter of managing the situation to achieve the policy. But the limited tenure nature of the District Education Officer positions is not in contention here. It is accepted and not under challenge.

It is the condition of retrogression at the end of that appointment which is at issue. The retrogression amounts to a penalty attached to having obtained a non-school based position. It acts to deny these employees access by transfer to broadbanded positions of similar work value and salary levels. It amounts to a demarcation which is a restrictive work practice reducing the ability of the employer to better utilise available skills. In this instance it is the employer who is effectively limiting the size of the pool from which it draws its talent for school based positions. As such it is acting contrary to the Structural Efficiency Principle in a denial of merit and work value.

Given the major restructuring of public sector education commenced in the late 1980s, it could be said that an

require some transition time for implementation. But as noted there is evidence here that the concerns of District

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access to Level 4 and Level 5 school based promotional positions at the completion of limited tenure (appealable) appointments.

The access should not be automatic and be subject to the following conditions.

1. A District Education Officer would need to

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WESTERN AU5 INDUSTRIAL RELATIO

Industrial Relatioi State School Tbachers U

COMMISSIONER S.A. CAWLE DR N.R. REEVES, Mei

MS P.E. HUTCHINSQN, Bep

Order. HAVING Heard Mr G. Bartlett on behalf of the applicant and Mr G. Edwards on behalf of the respondent, now therefore the Government School Tbachers Tribunal, pursuant to the powers conferred by the Industrial Relations Act 1979, does hereby order—

That the Tbachers (Public 5 Secondary Education) Award 1! further varied in accordance with the following schedule with effect on and from the 1st day of January 1995.

(Sgd.) S.A. CAWLEY, Commissioner.


Schedule.

Clause 8.—Salaries: After subclause (13) in this clause add a new subclause as follows:

(14) (a) Education Officer (District) Level 2 and Level 3 limited tenure (appealable) positions shall be classified as promotional positions.

(b) An Education Officer (District) Level 2 and Level 3 wishing to transfer at the end of a limited tenure (appealable) appointment to another Level 4 or Level 5 position covered by this Award shall be eligible to transfer to the level with the closest salary provided that he/she meets the criteria established for the position sought

(c) An Education Officer (District) Level 2 and Level 3 who reverts to a previous position at the end of a limited tenure (appealable) appointment shall revert to no less than Tfcacher Level 2.3 (Ad- vanced Skills Tfcacher status).



State School Tfcachers Union of W.A. (Inc.)

Minister for Education.

No. TC 31 of 1994.

GOVERNMENT SCHOOL TEACHERS TRIBUNAL.

COMMISSIONER S.A. CAWLEY, CHAIRPERSON. DR N.F. REEVES, MEMBER.

MS P.E. HUTCHINSON, DEPUTY MEMBER.


WHEREAS the disputes the subject of this application were before the Government School Ifcachers Tribunal by way of a conciliation conference on 7 November 1994; and

Whereas the Tribunal is satisfied that no approval for election of a head of department at Cyril Jackson Senior Campus has been sought from the Education Department and no approval has been given or endorsed in any way by the employer through the Education Department and nor will it; and

Whereas the other substantive dispute is the subject of an existing application made by the applicant here;

Now therefore, the Government School Tfcachers Tribu- nal, pursuant to the powers conferred by the Industrial Relations Act 1979 hereby orders—

That this application be and is discontinued with effect on and from the 9th day of November 1994.

(Sgd.) S.A. CAWLEY, [L.S.] Chairperson,

Government School Tfcachers Tribunal.


Industrial Relations Act 1979. State School Tfcachers Union of W.A. (Inc.)

and Minister for Education. No. TCR 13 of 1994.

GOVERNMENT SCHOOL TEACHERS TRIBUNAL. COMMISSIONER S.A. CAWLEY, CHAIRPERSON

DR N.R. REEVES, MEMBER MS P.E. HUTCHINSON, DEPUTY MEMBER.


THE CHAIRPERSON: By this application the State School Tfcachers Union of W.A. (Inc.) ( the Union") sought a conciliation conference pursuant to section 44 of the Industrial Relations Act 1979 with respect to a dispute between it and the Minister for Education ("the employer'') over a decision by the Education Department ("the Department") acting on behalf of the employer. No agreement was reached between the parties at the conference and the dispute was referred for hearing and determination.

The dispute involves the appointment of persons to what have been termed ''Foundation Principal" positions at two new schools scheduled to open in 1995. The schools are Wambro Community School and Ballajura Community School. In the first instance the SSTU claimed that the action of the Department with respect to the positions is unfair in that the conditions to apply to these positions in terms of selection criteria, selection processes and conditions of employment such as tenure and transfer rights are discriminatory and inferior to the conditions of employment and rights applying to the filling of other principal positions in the education system. At that time the SSTU sought an order from the Government School Tfcachers Tribunal ("the Tribunal") that the Department's decision be overturned and that the filling of these positions be subject to the same processes and conditions as applying elsewhere within the Department. When the dispute proceeded to hearing the SSTU did not pursue one of its original complaints. This was the allegation of breach of the award. This fact did not amount to a concession though. The SSTU said it intended to pursue the complaint subsequently. The SSTU also said it did not wish now to challenge the appointments of the persons involved but sought to modify the conditions applying so as to make them parallel with other principal positions.

The employer denies any unfairness, objects to the issue of any order sought by the SSTU and seeks an order for the dismissal of the application.

The dispute has its origins in developments since February 1994 when the Department called for expressions of interest in the positions of Principal at Wambro and Ballajura Community High Schools. This notice included background notes on community high schools and some detail on the principals' prospective roles there in relation to the development of a particular ethos for the schools. There was no designation then of the positions as 'Foundation Principals' or identification of any terms of employment different from those which would usually apply to the position of Principal.

It is said by the Department that the intention is to develop these schools with an emphasis on interrelationship with the community they serve so far as school organisation and management is concerned. Part of this concept involves staffing being chosen through special appointment processes with the principals to be fundamentally involved in this. For these reasons it was intended that the persons would be appointed well prior to the schools opening with a view to commencing the implementation of die philosophy behind them. These positions then are distinguished formally from other principal positions in the system.

In April the Department informed the SSTU that it intended to fill the positions of "Foundation Principal" shortly; that an additional selection criterion seeking a

31 WESTERN AUSTRALIAN INDUS'

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It says the Dcpartm imposed discriminatioi is at odds with the 1 imposition of perform; pals is discriminatory agreement between the the imposition of lim serious diminution of the usual and reasonable opportunities for other teachers, particularly those based in country regions, to obtain transfers.

The Department's position essentially is that the establishment of these community schools is for a legitimate end which requires particular staffing to achieve. It says the appointments of the Foundation Principals were made on the basis of merit and after the positions were duly advertised. Limited tenure appointments are within the Department's right to make and the right has not been exercised unfairly in relation to these two positions it was submitted. The Department denied that there was any breach of or undermining of the Structural Efficiency Principle and it rejected the argument that there was any reduction in conditions. What was being applied to these positions so far

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is no good reason for the Tribunal to intervene on that account

Nor do I see the features of different or additional selection criteria or annual performance reviews as particularly novel or onerous in an industrial context Indeed these seem to be well in keeping with the types of quality skills

Principles. The SSTU complaint that this is 'different' from the norm or from what has applied or does apply elsewhere in the system is not persuasive. If the result of a change is the acquisition of a greater or enhanced skill there might be a case for greater remuneration or benefits. That is a different sort of claim based on worth. But a result which


There is one aspect of the SSTU case however which I consider was made out. It is the claim that the transfer rights attached to the Foundation Principals positions are inferior and thereby unfair. I consider that in the circumstances here where the positions have been advertised, are promotional, have been filled by merit selection and will have annual performance reviews applied during the term of the appointment, the imposition of a condition that at the end of that appointment the occupant will no longer be accorded the status of a Level 6 Principal but will revert to the actual substantive position held prior to appointment is unfair.

Put simply, if the appointees to the positions of Foundation Principal have sufficiently meritoriously discharged the duties of a Level 6 Principal for some five years, on what meritorious basis could the employer justify a reversion of status for such an employee? It may be that experience suggests that appointees to limited tenure positions, in fact, largely do not "revert" because of other opportunities which may arise. But, this prospect should not be accepted as a sufficient reason which could outweigh the case made out that an inequity exists for these appointees.

I have concluded that the Tribunal should intervene to remedy this inequity by establishing the same rights for Foundation Principals at the conclusion of their appointments as exist for other Level 6 Principals.

In doing so I am mindful of an inherent problem which seems to exist in the system and is developing. It goes to declining transfer opportunities. The problem seems largely founded in the somewhat hybrid state of the public education system at this time as a result of developments since the late 1980s. The shift from promotion on the basis of seniority to promotion on the basis of merit is a factor in this as are other more recent moves designed to facilitate experimentation and/or innovation in some schools. Staffing practices have been changed to meet these ends. With these, and with obligations on the employer arising pursuant for instance to anti discrimination legislation, there are tensions resulting from the diminution of transfer opportunities.

This problem may be particularly acute for teachers who, having served for some years in a country location, may wish for an opportunity to transfer to a metropolitan school or to another location. Whereas in the past the practice was to make service in a country location a pre-requisite for being listed for a promotional position, this return for carrying out country service has disappeared. Now, with the development of particular purpose schools and staffing and practices, such as limited tenure appointments in schools, the opportunity for transfer seems to be shrinking. This seems to be a burgeoning equity problem for which answers will have to be found. It is likely answers may be difficult to find because of long standing industrial cultures associated with personnel practices and expectations in the public sector teaching service. But the case here tegs the question as to the efficacy of a system that embraces on the one hand the concept of limited tenure as appropriate to ensure that the particular tasks of the position at that time are carried out by a person who has teen assessed as the best for that job but which, on the other hand, maintains the "job for life" culture by personnel practices which provide for teachers to stay in the same location and even the same position for years and years.

Enterprise bargaining could be a means to achieve an appropriate fair outcome.

DR REEVES: I agree with the conclusion of the Chairperson that persons appointed to these positions should not be subject to reversion at the expiry of their terms.

MS HUTCHINSON: I agree that it would be unfair to deny these Principal appointees full transfer rights at the conclusion of their appointments.


Industrial Relations Act 1979. State School Tbachers Union of W.A. (Inc.)

and Minister for Education. No. TCR 13 of 1994.

GOVERNMENT SCHOOL TEACHERS TRIBUNAL. COMMISSIONER S.A. CAWLEY, Chairperson

DR N.R. REEVES, Member MS P.E. HUTCHINSON, Deputy Member.


HAVING heard Mr G. Bartlett on behalf of the applicant and Mr R. Copcland on behalf of the respondent, now therefore the Government School Tbachers Tribunal pursuant to the powers conferred by the Industrial Relations Act 1979, hereby orders—

That the respondent accord no less than the same transfer rights to 'Foundation Principals' at the completion of a limited tenure appointment as apply to any other person appointed substantively to a comparable position.

(Sgd.) S.A. CAWLEY, [L.S.] Commissioner.

RAILWAYS CLASSIFICATION BOARD—

Matters dealt with—

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act, 1979 Western Australian Government Railways Commission

West Australian Railway Officers Union. No. RGB AG 1 of 1992.

RAILWAYS CLASSIFICATION BOARD MR D. KEMP.

MR A J. THOMPSON. 18 February 1993.

Order. Registration of An Enterprise Bargaining Industrial

Agreement No. RGB AG 1 of 1992.

HAVING heard Mr F. Hodgins on behalf of the Applicant and Mr A. Borger on behalf of the Respondent, the Railways Classification Board, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders—

That the following schedule titled Westrail Enterprise Bargaining Agreement 1992, and signed by me for identification, be registered as an Enterprise Bargain- ing Industrial Agreement.

(Sgd.) C. B. PARKS, Chairman, Railways Classification Board.

WESTERN AUSTRALIAN INDUSTRIAL

Schedule.

1. Title. This Agreement shall be known as the 'Westrail

Enterprise Bargaining Agreement 1992'.

a; m

The common objectives are: (a) to continue to foster enhanced employee relations (b) to improve productivity, and (c) to enhance quality of employment for Westrail

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tion of this Agreement the EBU or actual implementation of

at any dispute occurring as a mtained in this Agreement shall

be settled in accordance with the Dispute Settlement Procedure at Section 19.

8. Redundancies. It is agreed between the parties that there will be no

compulsory retrenchments as a result of the implementation of this Agreement. Further, that where specific positions are identified as surplus to the desired level of staff to achieve efficient and productive outcomes, appropriate redeployment and retraining initiatives will be practised as the priorities to place employees in secure, meaningful and productive employment

9. Appendices. The parties acknowledge that the appendices to this

Agreement are an integral part of the Agreement.

10. Corporate Direction. The parties are committed to meeting the objectives and

strategies of Westrail's corporate direction. The coiporatc direction is outlined at Appendix 'A'.

11. The Business Direction.

1119

i mm mir Provided they:

(a) contribute positively to the organisation and, (b) make commercial and productive sense

the parties further agree to consider opportunities to participate in any employment strategies available through Government initiatives which may benefit both Westrail and the community at large without affecting either the terms and conditions of, or the tenure and size of, the permanent workforce.

15. Continued Implementation of the Structural Efficiency Principle Process

The parties are committed to the continued implementation of the ongoing initiatives agreed under the auspices of the Structural Efficiency Principle and associated processes. (Sec Appendix 'E' for full details).

16. Structural Efficiency Audit. A complete audit of structural efficiency initiatives since

1987 is attached at Appendix 'F'.

17. No Double Counting. The parties agree that matters arising from previous

industrial agreements or award changes emanating from the 'Restructuring and Efficiency Principle' of 1987, and the 'Structural Efficiency Principles' of the 1988 and 1989 National and State Wage Cases shall not be counted when

no

the parties to this Agreement as requiring action and implementation to supplement the ongoing structural efficiency process. Implementation of these initiatives will be achieved by joint participation, and they will underpin flexibility of operational and award structures required to

• Enterprise award structures/reform which facilitate flexible adaptation to changing business needs. (See Sections 20, 21 and 22).

• The position which is held by the Midland Workshops in relation to the rest of Westrail, and the restructuring of the Workshops. (See Appen- dix •€').

• Resolution of restructuring issues arising from the ongoing impact of the National Rail Corporation.

• Maintenance/Establishment of forums in which the parties have the ability to determine and resolve new issues or events arising from the changing business needs of Westrail.

13. Performance Indicators.

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Appendix 'C.

20. Enterprise Award Reform 20.1. Preamble Labour reform in Westrail has occurred and continues to

take place as employees and management embrace the concept of Structural Efficiency embodied in the Structural Efficiency Principle enunciated by the Federal and State Industrial Relations Commissions.

Important features of the Principle are: • establishing skill-related career paths which pro-

vide an incentive for workers to continue to participate in skill formation,

• elimination of impediments to muMskilling and broadening the range of tasks which a worker may

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competency based classification structures are being developed to facilitate the new way in which work will be arranged. However, to date the structural efficiency processes have essentially been pursued on an award by award and union by union basis.

As much as the demarcation of work within sections of the workforce has been a barrier to new work methods, so also has been the existence of separate Industrial Awards controlling the distribution of work to only those employees whose employment conditions are regulated by a specific award. These awards have served the organisation and its employees well. However the challenges to be addressed in the future dictate that there needs to be a merging of key elements of those awards into structures that facilitate flexibility, job redesign and reorganisation of traditional work methods where necessary to undertake a specific business task in a competitive manner.

The aim of the parties through such a process is to develop and foster a culture that cements a complete team approach to the future competitive business challenges confronting Wes trail.

The vehicle for achieving this approach will be the creation of a new, and additional, enterprise based umbrella award covering all Westrail employees. When finalised it will significantly contribute to:

• eliminating award based demarcations and competition

• enhancing the current and ongoing structural efficiency and continuous improvement processes aimed at eliminating occupational and generic stream demarcations

• facilitating competency based training programmes aligned to a single competency based pay and classification structure covering all employees.

• eliminating barriers that currently exist between 'blue' and 'white' collar sectors of the workforce.

• underpinning the move towards common basic conditions for all employees.

• and will contain provisions that cement a collective approach to dealing with site specific, or global, issues that arise in an expeditiously reactive or proactive manner so that Westrail can offer flexible responses to business needs.

20.2. Alternate Umbrella Enterprise Award Given the above, the parties have agreed to establish a

new award which incorporates the following specific features and framework:

20.2.1 The award will ultimately contain one common competency based pay and classification structure for all existing salaried and wages grade employees in Westrail which:

• eliminates all impediments, based on historical work distribution or union membership, to job redesign.

• has a clearly documented basket of compe- tencies, related to the Australian Standards Framework, at each level.

• provides a basis for delivery of training. • has a system for the career advancement of

employees. • is supported by appropriate award provisions

(see later). • has rules which recognise union coverage

based on core functions exercised and in accordance with established industrial practice for the exercise of duties which are incidental and peripheral to the core task.

20.2.2 The new umbrella enterprise award will be registered in its own right in the Western Australian Industrial Relations Commission (WAIRC) prior to the expiration of this Agree- ment.

20.2.3 The union respondents to the new award in the WAMC will be the:

• West Australian Railway Officers* Union • Western Australian Branch of the Australian

Railways Union of Workers • West Australian Locomotive Engine Driv-

ers', Firemens' and Cleaners' Union • Western Australian Branch of the Metals and

Engineering Workers' Union • Australian Electrical, Electronics, Foundry

and Engineering Union of Workers, WA Branch

20.2.4 Specific clauses and provisions to be included in the new umbrella award, and which override all appropriate like clauses and provisions in existing awards are (subject to agreed additions over time):

a) Title b) Arrangement c) Term d) Area and Scope e) Unions' Industrial Coverage f) Interpretations g) Structural Efficiency h) Job Redesign Process i) Classification of Positions j) Rates of Pay k) Week's Work 1) Hours of Duty

m) Overtime n) Saturday Work o) Sunday Work p) Shift Work q) Travelling Time r) Training s) Woikplace Flexibility

20.2.5 The award will have a General Section, an Operations Section and a Midland Workshops Section. As a guide the General Section will comprise (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (r) and (s) above while the Midland and Opera- tions Sections would include the appropriate and separate versions of (k), (1), (m), (n), (o), (p) and (q) plus any other relevant specific clauses as agreed between the parties.

20.2.6 Existing individual awards will continue in force to cover:

• Union specific area, scope and industrial coverage

• All other residual matters not covered by the new umbrella award.

20.2.7 The following broad steps have been agreed for implementation of the new umbrella award:

(i) Prepare skeleton of new award and register initially as an addendum to this Agreement in the various jurisdictions. Skeleton to include at minimum area and scope clause, existing pay structures, and other existing clauses relative to those areas shown at 20.2.4. herein.

(ii) Develop and arrange necessary amendment to the Industrial Relations Act 1979 to enable the new umbrella award to be registered in its own right in the Western Australian Industrial Relations Commission.

(iii) Gazette and register the new umbrella award in the Western Australian Industrial Rela- tions Commission.

(iv) Simultaneous with (iii) delete tire old mirror clauses from the existing individual awards listed at Clause 6 of this Agreement

(v) Develop and progress the new common pay and classification structure.


(vi) Develop and include the renegotiated and new award clauses outlined at 20.2.4 above as well as any appropriate additional ones.

20.2.8 The title of the new umbrella enterprise award shall be "Westrail Enterprise Award No. 1 of 1993"

20.2.9 All negotiations on the revised clauses to be finally included in the new umbrella award will be conducted under the auspices of the EBU.

21. Enterprise Award Reform—Tfechnical and Other Issues

The new umbrella award will be registered in the Western Australian Industrial Relations Commission proper prior to the expiration of this Agreement. The parties accept this poses some technical, jurisdictional and other barriers for some specific parties to this Agreement. However, all parties are committed to implementation of the new award. To this end the following unions have specifically agreed to the following:

21.1. West Australian Railway Officers' Union

Westrail and the West Australian Railway Offi- cers' Union agree that neither party will seek to dismantle the Constituent Authority known as the Railways Classification Board during the life of this Agreement However these two parties agree to seek an amendment to Division 3 of Part HA of the Industrial Relations Act 1979 to the effect that exclusive jurisdiction remains for dealing with matters relating to a railway officer, a group of railway officers or railway officers generally except for those matters covered in the new award known as "Westrail Enterprise Award No. 1 of 1993". Matters covered by that new award will be dealt with within the general jurisdiction of the WAIRC.

21.2. Australian Railway Professional Officers Associ- ation (WA Branch)

Association of Professional Engineers and Scien- tists Australia (Western Australian Branch)

Australian Municipal, Transport, Energy, Water, Ports, Information and Community Services Union (WA Branch)

The abovementioned parties, which are currently union respondents to relevant awards listed at Section 6 that are registered in the Australian Industrial Relations Commission and Westrail, agree to the following:

• Adopting the provisions contained in the proposed Alternate Umbrella Enterprise Award "the Award" referred to at 20.2 of this Agreement as registered pursuant to this Agreement in the Western Australian Indus- trial Relations Commission.

• That "the Award" will be ratified by the Australian Industrial Relations Commission and will form an addendum and will carry the same force as this Agreement as an integral part of same. "The Award" clauses will override any like provisions in existing federal awards.

• Appendix—of this Agreement forms the basis of "the Award" and during the life of this Agreement will override any like provisions.

• Prior to the expiration of this Agreement the abovementioned parties and Westrail agree to enter into a new registered agreement which specifically extends the life of the new award addendum.

21.3. Australian Workers Union (WA Branch)

The abovementioned union and Westrail agree to the following:

• to insert a new schedule into the 'AWU Construction, Maintenance and Services (WA Govt) Award 1987' related solely to Westrail employees eligible for industrial coverage by the Australian Workers Union.

• the schedule will mirror exactly the applicable provisions contained in the new umbrella award registered pursuant to this Agreement in the Western Australian Industrial Rela- tions Commission.

• the schedule will be inserted into the AWU Construction, Maintenance and Services (WA Govt) Award 1987 and will have effect from the date of certification of this Agree- ment by the Australian Industrial Relations Commission.

22. Enterprise Award Reform—Schedule of Implementa- tion.

Clauses 20 and 21 of this Agreement provide a firm outline of the parties' commitment to the agreed process of enterprise award reform during the life of the Agreement.

A fully detailed "schedule of implementation'' is also attached at Appendix I.

23. Wage and Salary Increase.

A wage and salary increase of 6% shall be payable during the life of this Agreement. The 6% wage and salary increase shall be payable in two instalments of 3%.

The first instalment of 3% shall operate from the date of certification/approval of this Agreement by the Western Australian Industrial Relations Commission, the Australian Industrial Relations Commission and the Railways Classifi- cation Board. It shall be payable to all employees of Westrail covered by the following Awards:

The Railway Employees' Award 18 of 1969 The Railway Officers' Award 1 of 1985 The Locomotive Enginemens' Award 1973—1990 The Railway Salaried Officers' Award 1960 The Railway Professional Officers' Award 1958 The AWU Construction, Maintenance and Services (WA Govt) Award 1987

The second increase of 3% shall be payable after whichever comes sooner of the following:

(i) Six months from date of certification/approval of this Agreement by the relevant Industrial Com- missions and the Railways Classification Board.

OR

(ii) Amendments to the Industrial Relations Act 1979 necessary to alter jurisdiction of the Railways Classification Board are enacted in terms of clause 21.1 hereof

and

(iii) Registration of the new umbrella award ("Westrail Enterprise Award No. 1 of 1993") in die Western Australian Industrial Relations Com- mission has ten effected.

Schedules detailing the agreed wage and salary increases for individual classifications in each of the abovementioned Awards are at Appendix J. This Agreement operates in conjunction with the relevant parent Award mentioned above in that the wage and salary increases detailed at Appendix J shall be payable in addition' to the appropriate Award rate of pay as defined by the relevant provisions of those Awards, and shall for all purposes be treated as an integral part of the Award rate of pay for those Awards.

iBBreiBi mm

24. Attestation. Signed for and on behalf of The Western Australian

Government Railways Commission by (Signed by J.I. Gill, Commissioner of Railways and S. Russell, Secretary; Seal Affixed) Date 10/12/1992

Signed for and on behalf of The West Australian Railway Officers' Union by (Signed by A. Borger; Seal Affixed) Date 10/12/1992

Appendix 'A' Corporate Direction

A About Westrail Westrail is a Statutory Authority which competes in the

freight, passenger and related transport markets in southern Western Australia.

It has two primary activities. One is rail freight which it conducts over a 5554km railway network. The other is passenger services covering the operation of interstate and country trains and country road coaches together with a metropolitan rail service. The Perth metropolitan rail service is owned by Westrail and operated under contract to Transperth.

Inherent in its two primary activities is a community service/social obligation factor wherein it competes for business under a transparent financial contractural arrangement on behalf of the Government. The main areas covered under this arrangement are:

• concession fares and special freight concessions • unprofitable passenger services maintained in the

community interest • the social service (non-commercial) elements of

pension costs. Westrail is also a partner in two joint venture compa-

nies—Total Western Transport Pty Ltd (trading as Total West) and Western Quarries Pty Ltd—which complement its transport activities.

B The Mission Statement "To enhance the economic competitiveness and lifestyle

• introduction of new, more efficient rail technology such as the new P class locomotives and improved train control systems

• development of improved management information systems to better monitor operational and financial performance.

During the decade to 1991 substantial expenditure reductions were achieved related to resources utilised in freight operations. These reductions were achieved through the divestment of labour intensive traffics in which rail freight was uncompetitive, through the use of improved rail technology and work practices.

Major resource reductions included a 43% reduction in the size of the workforce, and a 50% reduction in the amount of rollingstock required to carry out Westrail's freight task.

The progressive removal of the regulation of freight to rail necessitates the change process continuing and, in the likely event of the deregulation of major bulks (oils, ores, minerals), there is now a need to redirect Westrail's corporate focus to meet the changing demands of the current decade, to place it into the twenty first century on a competitive footing.

The impact of continuing deregulation will be com- pounded by the introduction of operations by the new National Rail Corporation in the interstate freight arena.

These very significant changes will necessitate Westrail continuing, and accelerating down the path to full commercialisation. This path must be underpinned by:

- Strategic initiatives and objectives to effectively change the way things are done, thus creating red productivity improvements and,

- a changed coprorate philosophy in order for Westrail to become truly competitive in the open market and establish its place as a full commercial entity in the 1990's.

Westrail's bottom line philosophy is to become an integral part of its customers' processes, presenting the strengths and environmental advantages of rail in their best light and giving the customers a competitive advantage in their business pursuits.

E Strategies In the light of the need to achieve real productivity gains,

and attain full commercialisation it is necessary to address overall organisational strategic objectives, and to formulate

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"As a skilled and motivated team, we aim * to provide quality freight and related services

profitably, and * to provide attractive and efficient passenger

services". D The Scene The need to adopt a mote commercial orientation to its

business, particularly freight, was recognised by Westrail in the mid 1970's. Over the past decade Westrail has responded

th al

attainment of the corporate objectives. These key initiatives draw together, and are complemen-

tary to, the current and ongoing structural efficiency processes which will continue to deal with the change initiatives necessary to properly achieve day to day business outputs.

(i) Organisation Strategies to Improve Business Returns In relation to freight

• expand tonnages and maximise returns through efficiency and servici

• take advantage of n opportunities as they


• in relation to the points above involve the unions and workforce at an early stage in establishing how the objective of the business can be met

• timely response in overcoming barriers to client and Westrail agreed schedules.

In relation to passenger services Urban

• provide a popular, high quality service in which passengers and staff will take pride.

• shape a common vision and a healthy, constructive relationship with Transperth and other perti- nent organisations.

Country and Interstate Passenger Services (Road and Rail)

• continue providing popular high quality services with style and pride.

• identify new and expanded opportunities for regional services, and work with regional bodies and interest groups to plan them.

• develop and promote tourism activities. In relation to Midland Workshops

• establish the Midland Workshops as an autono- mous business operating on a commercial basis, and treating Westrail as a customer.

N.B. Full details of Midland Workshop strategies commence are at Appendix 'C of this Agreement.

Strategies that relate to all business arms are: • the parties recognise and accept that full participa-

tive and consultative processes are necessary to facilitate the effective and efficient implementation of the ongoing initiatives and strategies outlined in this Agreement.

• maintain a core level of day labour employees to cover regular day to day business activities of Westrail, subject to any capital constraints for specific tasks. Westrail will use these core staff as a matter of priority, however the need for use of external resources is recognised and accepted by the parties to meet specific needs arising that the core workforce are incapable of fulfilling due to lack of human resources, capital resources and equipment, or expertise.

• This strategy shall be implemented by agreement between the parties through full participation and consultation. Existing awards in some cases already set out the procedures to be followed. However it is agreed that no party will unnecessar- ily delay the process where implementation is critical to the business.

• equip the core workforce with skills necessary to carry out the various Westrail business tasks in a safe and competent manner, in addition to planning where appropriate for employees to acquire skills that will fulfil the succession planning aspects of the Human Resources Plan.

• entry, or re-entry, into selected markets in which we are not now competitive by improving efficiency and service levels.

• achieve status of principal contractor to the National Rail Corporation, with a major ongoing role in providing it with services.

• be recognised as a world leader in our types of business.

APPENDIX 'B' The Business

It is recognised by the parties that for Westrail to maintain a commercial presence in the transport industry the maintenance and introduction of various measures to further productivity improvements and flexibility of operations must continue.

From a commercial perspective the parties agree that the desired result is to achieve a long term viable railway with all the mutual benefits to the shareholder (Government), the enterprise and employees that are implicit therein.

The structural efficiency processes and forums have been and will continue to be the vehicles utilised to underpin the enterprise bargaining process and importantly to facilitate the business initiatives required, as they arise, to achieve Westrail's competitiveness in the market place, ie. the mechanics necessary to meet the business demands placed on Westrail in the future will be achieved ultimately under the auspices of the various structural efficiency processes already in place.

In the light of the foregoing it is important to again briefly traverse the recent business history of Westrail. Massive productivity improvements have already been achieved over recent years, particularly in the key business arena of freight operations. Westrail has been going down this path for a decade, e.g. two resources which have reduced dramatically are wagons utilised (10,000 to approximately 5000) and employee numbers (approx 10,000 to approx 5000) but with the size of the business task not graphically changing. Primarily future productivity improvements in this area, except for the ongoing fine tuning of work practices, are going to be inextricably linked to reductions in costs, ie. reductions in fixed resource costs but with the same or similar business task to be completed with a more competitive resources/cost structure.

To sustain Westrail's present position in the market place, let alone increase it, it is imperative that cost and productivity issues are firmly linked. It will not be possible to maintain or gain business if cost structures, particularly fixed and overhead, are too high and constant. Sheer volume of business will not alleviate this fundamental.

While the passenger task, particularly urban rail, has a significant community service obligation influence, a similar philosophy will apply in that area.

The parties to this Agreement agree that it will be necessary to examine and develop initiatives in the business areas that will improve productivity and facilitate Westrail's competitiveness in the market place. The specific initiatives required as they arise will be examined and resolved expeditiously, where appropriate and possible, through the mechanics of the existing structural efficiency forums and processes. Some of the initiatives readily identifiable as requiring examination include, but are not limited to:

a) Workplace Specific Task Arrangements—the creation of an umbrella enterprise award with provisions that facilitate flexibility will underpin the thrust of this issue. Unions and Westrail management agree that there will be no rigidity in examining and resolving problems, including past demarcations of work and restrictive award provisions, that arise in facilitating desired business retention and gains. Overall conditions of employment will not be compromised however historical provisions of agreements and awards will not be incapable of being reviewed and adjusted if this is necessary to attract or retain a particular business.

b) Increase the Variables to Fixed Costs Ratio—in a business driven enterprise this ratio must be high

• seize and support the current popularity of rail. • gain recognition for railway people for the

excellence of their work and give them reason for pride.

to achieve viability. Westrail is subject to variables in its business task arena, viz;

- Seasonal (grain, phosphate tasks) - Shipping and production (ores, minerals,

grain) - Market downturns (ores and minerals)


However fixed and overhead costs remain relatively static through these periods of variability, viz;

- fixed resources (eg. Westrail Centre, Area Centres, Terminals and Infrastructure)

- human resources It is agreed that measures will be examined and implemented through both the structural efficiency and enterprise award processes to improve the fixed to variable cost ratio.

c) Competitively Priced and Timely Support Serv- ices—for Westrail to compete in a deregulated environment the internal support services to its business tasks must be competitively priced and timely. That is support services provided internally by Westrail, such as Midland Workshops (see separate section), information technology, track maintenance, supply, human resources, general corporate services, engineering maintenance and provide, must be fully competitive in quality, timeliness and cost with their equivalents in the market place.

d) Matching of Capital Resources to Ihsk—the bottom line is that capital resources required to perform the business task should not have any idle time. This applies equally to fixed, moving and overhead capital resources.

e) Achievement of reliability of Service to the Customer.

It is agreed that, in summary, the following areas must be closely and continually addressed to enhance a continuous improvement process. It is also acknowledged that the following are not all embracing:

• review of overheads and required action therefrom • optimum staff utilisation particularly in relation to

specific tasks • reduction in terminal costs • competitively priced workshops and engineering

support services • infrastructure support costs to be commensurate

with task • improved capital resource utilisation • review of practices in order to sustain, expand, or

re-enter certain business tasks which are subject to commercial forces.

Appendix 'C Midland Workshops in Relation to Westrail

Preamble While remaining an integral part of Westrail the Midland

Workshops in its heavy engineering role will place considerable emphasis on developing an environment in which it can respond to its unique market separate from the industrial relations influences of mainstream Westrail operational and engineering maintenance activities.

1. Strategic Objectives The objectives of the Midland Workshops, determined by

the Workshops Consultative Committee, and ratified by the workforce, are:

• Establish the Midland Workshops as an autono- mous business, operating on a commercial basis, and treating Westrail as a customer.

• Raise the efficiency and effectiveness of the Midland Workshops to improve the turn around, and therefore utilisation, of Westrail's rollingstock and plant

• Improve economic viability to enable fair competition with the private sector in areas identified as the core business.

• Formulate and implement a marketing strategy to ensure strong growth of the defined core business.

• Establish a stable harmonious working environment with real future prospects for Workshop employees.

These objectives encompass the specific actions achieved or in progress as covered in the following sections.

2. Progress a) Commercialisation

A Steering Committee chaired by the General Manager Workshops and including senior execu- tives from other Westrail Branches has formulated a strategy and timetable for the introduction of commercial reporting. The target date for completion, agreed with the Commissioner and Minister, is July 1 1993.

This goal is consistent with the Premier's corporatisation initiatives for Westrail and the Midland Workshops.

b) Product Group Based Organisation Structure The establishment of the rationalised organisa-

tion structure has been completed, in so far as old positions have been deleted and staff appointed permanently or acting in the new positions. This covers all levels of management and administration.

Cost reductions through voluntary severance or redeployment have been achieved as a result of this rationalisation as follows:

Net reduction of 28 positions—approximate annual savings $1,234 million

c) Rationalisation of Trade Shops Several trade shops have been identified for

closure and/or scale—down because of technology changes or other factors which substantially reduced workload. These shops include wood hades, tarpaulin, fibreglass and trimming sections.

The reduction in staff numbers to date through voluntary severance or redeployment are:

35 positions—approximate annual savings $980,000.

d) Ratio of semi-skilled to Tradesmen The ratio of semi-skilled staff working in

support service areas of the Workshops as Mechanical Lifters, Office Attendants, Work- shops Attendants, has been identified as dispro- portionately high in relation to the productive task thereby increasing the overhead burden.

The reduction in staff numbers through voluntary severance or redeployment to date are:

87 positions—approximate annual savings $2.12 million.

e) Quality Assurance A Quality Assurance implementation plan has

been developed. The aim is to achieve accreditation under AS3902—1987 by July 1993.

f) Capital Expenditure Plant and machinery modernisation and the

rationalisation of the Workshop layout to improve workflow and achieve productivity gains has been studied.

A detailed five year capital works programme totalling $28 million of expenditure has been submitted to the Commissioner for presentation to Treasury. Any individual project within this programme must demonstrate financial return criteria before proceeding.

It is also acknowledged and understood that external constraints and influences from time to time can influence the full implementation of this program.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.AJ.G.

g) Marketing

has conducted a market survey for the Workshops. The report is under consideration. This survey information will be used to complete marketing strategies for the Rollings took and Heavy Engi- neering Divisions.

The rationalisation process brought Manage- ment and Unions together successfully as the Workshops Consultative Committee.

Although there have teen some initial problems with the consultative and participative approach, the focus of this forum on the means and methods for addressing Workshops objectives must and will continue with an enhanced spirit of coopera- tion and teamwork.

i) Retraining Initiative

Expert staff have teen seconded from TAPE to assist with the implementation of the Retraining Strategy which is a critical component of the rationalisation and commercialisation plans.

Interviews to identify work and personal skills have been conducted. This information will be utilised to develop retraining courses.

j) Training

Training in team building skills, leadership, safety and industrial relations has been identified as crucial to the achievement of a harmonious working relationship. A training programme, specifically directed towards the supervisory area has been developed to acquire these skills. The occupational health and safety portion of these courses are already complete.

A number of shop floor training committees are developing training proposals specific to crucial areas and some training is being undertaken. Further progress will be made upon finalisation and implementation of the Competency Based Classification Structure. Formal training committees will be established to identify, develop and

k) Summary of Achievements to Date

Since the rationalisation/commercialisation initiative has commenced the progress identified above demonstrates union/management willingness to implement change. Implementation of several integral parts of the overall strategic initiative has facilitated annual savings in expenditure of around $4.3 million. This indicates a strong foundation for the next challenging stage of real achievements in productivity gains, unit cost reduction and improved product quality.

3. Other Actions in Progress or Planned a) Single Award/Principal Union for Workshops

There are currently seven unions represented at Midland with some 60 union representatives on site. The requirement to accommodate this scale and variety of interested parties in working parties and committees makes communication and problem solving difficult, time consuming and costly. There is also significant potential for conflict between the different unions which sometimes prevents a union consensus being able to be reached prior to discussions/negotiations taking place with management on relevant issues.

The workshops caimot afford to continue in this mode. Decision making, conflict resolution and clear communication ifies are essential to commercial success.

Creation of an umbrella enterprise award for Westrail and principal union coverage of all workshops employees will greatly assist in the removal of costly restrictive practices and demarcations and other inefficiencies.

The ultimate union coverage desired will evolve through the ACTU agenda of union rationalisation/amalgamation together with its decision on the question of principal, significant and other union status in the rail industry.

b) Customer Relations—Westrail Branches During the next twelve months internal contrac-

tual relationships with Westrail customer branches (e.g. Motive Power, Operations) and Business Managers will be developed. There will be agreed delivery dates, quality specifications and commercially competitive prices. Penalties for late delivery or failure to meet agreed specifications can be incurred.

c) Financial Accountability Management performance ultimately must be

measured by bottom line dollars. As a mid-point to Ml Commercial Reporting, internal accountability for Sales/Profit and Work in Progress will be introduced from 1/1/93. Accurate and reliable recording of product and overhead labour is essential.

Financial benefits from this are not quantifia- ble, but the discipline of achieving sales and profit will prove invaluable in establishing the Work- shops as a truly commercial enterprise.

d) Product Based Divisions/Workcentres The market focus and customer orientation

demands the rationalisation of current trade based shops into product workcentres. Each workeentre may well encompass a broad range of trade skills and support staff. This will necessitate the relocation of some staff who identified with a specific tradeshop. The continued use of working groups, comprised of shop floor staff affected by change, to work on the transition will ensure that the changes are successM. This physical rationalisation needs to be complete by June 30 1993.

e) Safety Management and the Workshops Health and

Safety Committee have recognised the urgent need to reduce the unacceptable rate of lost-time injuries incurred. The training of Management and Supervisors has been identified as the first stage, so that awareness of safety issues is raised to a high level.

A 50% improvement in the Lost Time Injury Frequency Rate has been set as an objective for achievement by June 30 1997. Phased realisation of this objective will contribute to productivity increases.

f) Contract Labour/Sub Contracting A core level of day labour employees to cover

the regular day to day business activities of the Workshops will be maintained, subject to any capital constraints for specific tasks.

The Workshops will use these core staff as a matter of priority, however the need for short term hires and the use of external resources is recognised and accepted by the parties, to meet specific needs arising that the core workforce are incapable of Mfilling due to lack of human resources, capital resources and equipment, or expertise.

Similarly the parties agree that Government limitations and delays on recruitment are also barriers that must be addressed if the Workshops are able to seize on commercial opportunities in a timely manner.

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g) Specific Work Practice Issues There are a number of discrete structural and

work practice issues that are being addressed. These could be said to be embraced by the ongoing structural efficiency process however they are also inextricably linked to the corporate/ commercialisation objectives of the workshops. As such they are listed briefly in this section of the Agreement as being agreed by the parties for implementation, viz;

• Introduction of electronic timekeeping systems.

• Purchase and introduction of an on-off rail shunter.

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be overcome in a manner that allows all desired training to take place. The parties recognise and accept that in some cases training will need to be undertaken outside of the ordinary span of hours.

Attendance at training sessions will assist in showing employees different methods and techniques. The application of these new skills depends upon a willingness to support and encourage from all members of the organisation. Both positive union support and management commitment to deliver will be forthcoming.

Enterprise Bargaining Unit—Midland The initiatives in this section, and those other key global

enterprise initiatives which impact on Midland Workshops

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Determine ownership of major spare

I Organisation Stroeture

Divisions Managers X Superintendents X Foreman/Schedulers Management Accountant Systems Coordinator Chiality Assurance staff Estimator

Redfme MRP ¥/oikamties and Routings All ocate products to new Product Centres Allocate staff to new Product Cestttes Budget staff, productive hours, operating costs & hourly rates

3 Sales/Marketing Admin Appoint Sales/Contract

Develop contractual relationships Develop Product Data Base & Sales Analysis Reporting Stmctore Introduce Quote, Despatch and Billing procedures Commence invoicing customer Internal Saks Report for work done cc products delivered Inter Divisional Transfer Pricing & Reporting

4 Inventory Management Integrate Supply Mid Workshops Organisation Structure MRP/Mincom Project Selection, Purchase & Implemenation of new software/hardware X

5 Government Reporting Not critical

6 Management Training TVainiiig Strategy for all levels of management to cover teamwork, market focus, accountability etc Dsckkm on use of external consultant assistance Commence and continus traininH

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WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 17:

The Workshops is at one of the most critically important stages in its long history. Its survival depends on successfully implementing commercialisation, and demonstrating that economically viable operation can be maintained.

7. Performance Indicators

Some key areas targeted for productivity and quality improvement relate to, but are not limited to, the following:

(i) Timeliness of deliveries—i.e. the percentage of jobs completed by the due date.

Target—50% improvement by 31/12/92, 75% by 30/6/93, 90% by 30/6/94.

(ii) Quality—i.e. the number of tasks completed to quality standards without rejection or reworking.

Target—these will be determined as part of the implementation process.

(iii) Cost—the actual cost per productive hour.

Target—improvement of 10% by 31/12/92, 15% by 30/6/93.

(iv) Safety—i.e. the lost time injury frequency rate.

Target—50% improvement in the lost time injury frequency rate by 30/6/97—to be achieved by progressive improvement each year.

Specific performance indicators that support the above major desired improvement areas, and that can be translated to individual shop floor levels, are being developed. They will be progressively introduced.

Appendix 'D'

Performance Indicators

The Agreement set out in this document represents a significant turning point in the industrial relations environment within Westrail. That an agreement of such far reaching importance has been reached can be largely attributed to a background of a decade of major changes to land transport in the South West of Western Australia and the emerging recognition by the parties that the future security of Westrail, and consequently its employees, will require the highest level of co-operation between management and unions to gather and maintain the support of all employees in developing and implementing new and better

The participative structures developed for the purpose of Structural Efficiency were established with the suppot and co-operation of Unions and Employees. Where necessary new groups will be established using the same co-operative system.

Continuous Performance Improvement will provide the opportunity for employees to participate in critically examining the activities of their work area and effecting improvement

The role of management in developing a culture of Continuous Performance Improvement within the workplace will be:

• to positively support and encourage participation at the workplace through the establishment and retention of participative groups,

• to ensure that all participants have been adequately equipped through training with the skills necessary for effective continuous performance improvement;

• that participative groups are provided with all information relevant to the activity under review at any given time,

• that participative work groups are sufficiently empowered to implement improved working arrangements when final agreement has been reached.

• that supervisors participate fully in the process and in particular, ensures that agreed performance measures are developed and maintained on behalf of the group.

• Unions and management through their positive support to Continuous Improvement will actively promote a sense of pride in the organisation and ownership of the outcomes.

The parties to this agreement endorse the development of Corporate Performance indicators which comprehend

Financial Factors Tfechnical Efficiency Quality Overheads Human Resource Factors

Performance Indicators relevant to each workplace will be developed and will form a subset of the Corporate Indicators.

These Performance Indicators will be developed over the life of the agreement.

li'i Jobs will be redesigned to maximise the benefits from the changes for both the employees and the enterprise.

It is vitally important to our future well being that these

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the area covered by the Railway Employees Award m 1990 the Locomotive Enginemen Awand in December 1991 and the combined salaries award in March 1990. Details of the consultative structures are at attachments 1 and 2 to this

3176 WESTEEN AUSTRALIAN INDUSTRIAL GAZETTE 1'

practices with a view to imple- revised ways of performing

icndments were made to the Railway Employees Award to insert various clauses to comprehend Structural Efficiencies in particular the clause dealing with the establishment of consultative mechanisms. Also provisions were inserted to allow for more flexible working arrangements. These included changes to leave clearance, hours of duty and meal breaks. Similar award changes have been made in the Officers award.

Present Railway Employees Award The programme identified by the Joint Consultative

Committee involved four steps in stage 1. There are 77 working parties in place and progress through each step has varied as participants have come to terms with the problems to be solved. It is anticipated stage 1 will be substantially completed for all working parties by the close of this year. Details of the further progress to be made in the process are at attachment 6 to this Appendix.

Agreement to multiskilling and broadbanding of country passenger train cabin staff. The pmties agreed of the need to revitalise the Westrail Work- shop at Midland, this being achieved through:

a) managerial reorganisation; b) work reorganisation

Agreement to implement the first stage of broadbanding of semiskilled classifications. Agreement for relevant apprentices commencing in 1988 to be jointly trained in boilermaking / blacksmithing and sheet metal working / coppersmithing

Implemented

Some progress has been mule. Some progress has been made.

Implemented—training still to be finalised.

The joint training did not take place, however, with the development of training for apprentices this type of training is anticipated to take place in the

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■BBBili structures for operational employees, tradespeople and Mo-

Power semiskilled. Tradesper- sons structures continue to be

Consultative provisions inserted into REA in May 1990

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The parties agreed to establish Local Consultative Committees and agreed on the role the Committees would have.

Committees not formed, however, the second SEP payment put in place a more structured consultative process.

The parties agreed to establish Not in a position to address this

elimination of barriers and establish principtes and conditions for career paths. Begin discussions on in house consultative mechanisms, including employee participation


Unions agreed to discuss specific issues identified in the

Resolution Some items given effect under stage two of the 1989 National

Resolution Document the implementation arrangements for the new train-

Completed

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dance are to be the v/orker/s and/or union representatives concerned, and the foreman or immediate supervisor concerned. Die matter is to be discussed at


Secretary of the union concerned, the union nominated local representative/s (if any), a nominee/s of the Head of the Division/s involved and local Westrail Management

(ii) If the matter remains unresolved, either party must notify the other in writing that the parties are in dispute.

Written notification received before 11.00a.m. shall be deemed to have been notified on that day and written notification after 11.00a.m. shall be deemed to have been notified on the next working day.

"Working day" excludes Saturdays, Sun- days and public holidays but does not exclude special days off except that for disputes involving permanently rostered 7 day shift workers "working day" does not exclude Saturdays, Sundays and public holidays.

For the purposes of this Agreement, written notification includes a letter, telex, telegram or facsimile transmission.

On receipt of written notification it will be the obligation of the parties to comply with the provisions of this Agreement notwithstanding other commitments they may have.

(iii) Where a union or the Western Australian Government Railways Commission (Westrail) has a policy of discussing or negotiating some or all matters at central level, Stage Three shall be the first step in the dispute resolution process for such matters. Parties will, as necessary from time to time, advise each other of the matters to be discussed or negotiated at central Stage Three level.

Matters nominated by either party as appropriate for discussion or negotiation at the central Stage Three level will not be processed through Stages One or Two or any other administrative variation thereof.

(iv) Nothing in this procedure prohibits the attendance of a Westrail or union official at any conference convened under Stage One and/or Two.

(e) Except as provided for in Clause (c)(ii) hereof, where a matter being dealt with at a particular stage is not resolved, then it is to be dealt with at the next stage.

(f) (i) The first meeting to be convened pursuant to Stages One and Two shall be convened within one working day of a request by any party.

(ii) Meetings pursuant to Stage Three shall be convened within two working days of a request by any party or as mutually agreed between the State Secretaries of the affected union/s and the Head of Division as appropriate.

(iii) At the expiration of this period the procedure under this Agreement shall be deemed to be concluded.

(g) Rights are reserved for all parties to refer any industrial matter to the relevant Industrial Rela- tions Commission at any time. Such referral, however, shall not prohibit the procedures contained in this agreement being implemented if requested by either party.

(h) The parties recognise that problems related to safety and other hazardous situations may arise from time to time in the workplace or in the course

of operations and that these should be dealt with in accordance with the Occupational Health, Safety and Welfare Act and the relevant regulations.

(i) This procedure shall not include disputes that are the result of decisions of the Trades and Labor Council of Western Australia or the Australian Council of Trade Unions that are to apply in a state or nationwide basis, or disputes that are the result of political or social questions being policy of the union/s or matters affecting the union membership nationally; or are the consequence of Government policy or directions.

(j) Rights are reserved by the parties that if the dispute cannot be resolved through the process the unions reserve the right to industrial action.

Appendix 'H'

This award shall be known as the Westrail Enterprise Award No. 1 of 1993.

2.—Ârrangement 1. Title 2. Arrangement 3. Tferm 4. Area and Scope 5. Unions' Industrial Coverage 6. Unions' Industrial Rights 7. Iterpretations 8. Structural Efficiency 9. Job Redesign Process

10. Classification of Positions 11. Rates of Pay 12. Week's Work 13. Hours of Duty 14. Overtime 15. Saturday Work 16. Sunday Work 17. Shift Work 18. Travelling Time 19. Training 20. Workplace Flexibility

3.—Tferm. This award shall come into operation on 199 and shall remain in force for a period of.. from that date.

4.—Area and Scope. (1) This award shall apply to employees listed in its

callings and employed by the Western Australian Govern- ment Railways Commission (hereinafter referred to as "the employer'') in and about all the operations and maintenance of the railways and road services operated by the said employer and in and about the working of any other railway over which the said employer works traffic under an agreement giving it running powers, and in connection with railway refreshment services, and includes all employees eligible, at the time of registration of this award, to be members of the Western Australian Branch of the Australian Railways Union of Workers, the West Australian Railway Officers' Union, the West Australian Locomotive Engine Drivers', Firemen's and Cleaners' Union, the Western Australian Branch of the Metals and Engineering Workers' Union and the Australian Electrical, Electronics, Foundry and Engineering Union of Workers WA Branch provided that the award shall not apply, except where otherwise stated, to

(a) special maintenance, reconstruction or construction works in the Permanent Way and/or Structure Sections, the estimated cost of which on account of wages exceeds $50,000

(6) Suburban Area means Kwmana to Midland via Fremantle or via Kewdale and Currambine to Armadale.

(7) "Year of Service" means service of a worker in the grade in which the worker is employed provided that acting work in the grade for psriocte of less than one week shall not count in the

(b) those employed as part time workers in the positions of attendants or caretakers of sidings and barracks

(c) the Commissioner of Railways (d) members of the Senior Officers' Branch of the

Transport Division of the Australian Municipal,

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men's, and Cleaners' Union, where electric or other power is installed by the employer as a substitute for steam haulage workers eligible for membership of that union shall be employed to operate haulage under the new power,

5.—Unions' Industrial Coverage. (1) Industrial coverage of workers employed in the

callings in the award shall be that applying under the registered rules of the individual unions party to the award and applicable to the callings in existence on the day immediately preceding the day on which this award comes into effect.

(2) Notwithstanding the provisions of subclause (1) hereof, individual unions party to the award retain their individual rights, in accordance with the terms of the Industrial Relations Act 1979, to pursue industrial coverage of any new callings inserted into the award subsequent to its coming into effect

(3) Notwithstanding the provisions of subclauses (1) and (2) hereof with respect to the callings contained in the Railway Employees' Award No 18 of 1969, the industrial coverage shall also be in the terms provided for in clause 43 of that award.

6.— Unions' Industrial Rights. Nothing in this award shall restrict an individual union

respondent hereto to pursue matters on behalf of employees eligible for enrolment to its membership, and to seek amendments particular to that union

7.—Înterpretations A. Railway Employees

(1) "Traffic Section" includes all employees in the

delegated such authority by the Cc Railways in accordance with the provisions of the Government Railways Act.

(2) "Department" shall mean the Western Australian Government Railways Department

(3) "Commission" shall mean the Western Austra- lian Government Railways Commission.

(4) "Union'' shall mean the West Australian Railway Officers' Union as registered in the Industrial Relations Commission.

(5) "Station Officer" includes Station Master; Assis- tant Station Master; Night Station Master; Yard Master, Assistant Yard Master; Night Yard Station Master; Operations Officer; Area Coordi- nator; Assistant Area Coordinator; Manager, Freight Tfcrminal; Foremen, Operations Branch (except Road Services and Mechanical Sections) and their reliefs.

(6) "Home Station" means the station to which a officer is attached.

(7) "Dependant" in relation to an officer means: (i) spouse;

(ii) child or children; who reside with the officer and who, with the exception of the spouse, relies on the officer for support.

(8) "Spouse" means husband or wife and includes a person of the opposite sex to the officer who live with the officer as the husband or wife of the officer on a bona fide domestic basis, although not legally married to that person.

(9) "Suburban Area" means Kwinana to Midland via ' " d - • - -

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exception of the spouse relies on the worker for support.

trainee so qualified and fireman. (3) Measures raised for consideration consistent with iilKMM KlTkHiTCi f M i

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Railway Officers (1) Statement of Principle

The parties to this Award are committed to co-operating positively to increase the efficiency.

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IHII Fremantle or via Canning Vale, and loondalup to Armadale via Claisebrook. "Tbmporary Transfer" means a transfer, for the purpose of meeting seasonal, exceptional or

(15) ' 'Transfer" means a worker taking up a new Home station or depot.

(16) "Unattended barracks" means any building or van used as barracks which is provided with bed, clean bedding, refrigerator, cooking utensils, light and lighting facilities, water and fuel which is wholly unattended by a caretaker.

(17) "Union" means the West Australian Locomotive Engine Drivers', Firemen's and Cleaner's Union of Workers.

(18) "Worker" means a person employed as a driver, driver's assistant, fireman, locomotive trainee or permanent cleaner.

[Locomotive Enginemen's Award Clause 5]

8.—Structural Efficiency. Railway Employees (1) The parties to this award are committed to

signed document (iii) Measures raised by the employer, or the

Union for consideration consistent with the objectives of subclause (1) hereof shi"" tivi

(iv) Pai prise equal number of employer and Union representatives unless otherwise agreed by the parties.

[Railway Officers' Award Clause 15 subclauses (1) and (2) paragraph (a)]

C. Locomotive Enginemen (1) The employer and the union shall establish an

appropriate consultative mechanism for consultation and negotiation on matters affecting Westrail's efficiency and productivity.

[Locomotive Enginemen's Award Clause 2B subclause (1)]

9.—Job Redesign Process.

10.—Classification of Positions. A. Railway Employees

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tion, application and installation. 'tes NC (Numerical Control) programmes. brms marking out tasks. lertakes welding, cutting and heat treatment. lerslands quality assurance and applies quality trol techniques. lertakes tasks which are incidental or periph- to the performance of their main task or

;tion. fides guidance and assistance to other staff, s computer keyboards, fides verbal and written reports, ms le Certificate or formal equivalent an Level 5 I Stream nsibilities rcises improved trade skills and knowledge of stream under limited supervision either indi- lally or in a team environment. Develops jpendent judgement and exercises a wider je of skills relevant to the specific requirc- its of the organisation.

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Indicative' - Ass

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plant, vehicles, machmery, components or instruments including any associated systems. Understands and exercises safety. Works from drawings, prints or plans. Applies calculations where necessary. Uses fixed, portable and hand machines. Utilises hand tools and instruments. Material/tooling/component, identification, selection, application and installation. Writes, finds and edits faults on NC programmes. Performs marking out tasks. Undertakes welding, cutting and heat treatment Understands quality assurances and applies quality control techniques. Undertakes a wider range of tasks which are incidental or peripheral to the performance of the main task or function. Provides guidance and assistance to other staff. Uses computer keyboards. Provides verbal and written reports, cations Completion of 33% of qualification for Level 7 (Post Trade Certificate or formal equivalent). X% of Advanced Certificate.

- Y% In House training modules.

- Provides guidance, assist staff.

- Uses computer keyboar computer prgramming.

- Provides verbal and wri Qualifications

- Completion of 66% of (Post Trade Certificate (

- X% of Advanced Certif - Y% of Associate Diploi - Z% In House training n

Engineering Tfechnician Level 6 Mechanical Stream Engineering Technician Level 6

has equivalent level of training Tradesperson Level 6 but is engt planning or technical work whicl judgement and skill in excess employee at Level 5 under the sup

Tradesperson Special Class Lei Mechanical Stream Key Responsibilities

- Exercises specialised tn of the stream under m:

aoe skills a ■WTO SRI fill m environment. Exercises

skills relevant to the specific requirements of the organisation.

Indicative Tasks - Assembles, manufactures, installs, repairs, main-

tains, examines, inspects, tests, measures, modifies, commissions and fault find/diagnosis on equipment, plant, vehicles, machinery, components or instruments which utilise complex circuitry or control systems.

- Understands and exercises safety. - Works from drawings, prints or plans and devel-

ops drawings and undertakes basic design as required. Applies calculations where necessary.

- Uses fixed, portable and hand machines. - Utilises hand tools and precision instruments. - Material/tooling/component, identification, selec-

tion, application and installation. - Writes NC/CNC programmes for a range of

NC/CNC machines and control units. Applies Computer Numerical Control techniques in machining.

- Applies quality control and quality assurance techniques.

- Undertakes a wider range of tasks which are incidental or peripheral to the performance of the main task or functions.

- Advises in development of training and provides guidance and assistance to other staff.

- Uses computer keyboards and undertakes computer programming.

- Provides verbal and written reports of a technical nature.

Qualifications - Post Trade Certificate or equivalent - X% of Advanced Certificate. - Y% of Associate Diploma - Z% In House training modules.

Engineering Technician Level 7 Mechanical Stream Engineering Technician Level 7 means an employee who

has equivalent level of training and/or experience to a—Special Class Level 6 but is engaged in one of the following areas;

(i) Detail drafting or planning or technical duties requiring judgement and skill in excess of that required of a technician at Level 6 under the supervision of Tfechnical Staff, or

(ii) possesses a level of training and/or experience at Level 6 and exercises cross skilling in technical fields as defined.

Tradesperson Level 4 Fabrication Stream Key Responsibilities

- Exercises trade skills and knowledge of the stream under limited supervision either individually or in a team environment Develops independent judgement and exercises a wider range of skills relevant to the specific requirements of the organisation.

Indicative Thsks - Assembles, manufactures, installs, repairs, main-

tains, examines, inspects, tests, measures and modifies on equipment, plant, vehicles, machinery, fabrication or components.

- Understands and exercises safety. - Works from drawings, prints or plans. Applies

calculations where necessary. - Uses fixed, portable and hand machines. - Utilises hand tools instruments.

- Material/tooling/component identification, selection, application and installation.

- Perfoims marking out tasks. - Undertakes soldering and/or welding, and cutting. - Understands quality assurance and applies quality

control techniques. - Undertakes tasks which are incidental or peripheral

to the performance of the main task or function. - Provides guidance and assistance to other staff. - Uses computer keyboards. - Provides verbal and written reports.

Qualifications - Trades Certificate or formal equivalent

Tradesperson Level 5 Fabrication Stream Key Responsibilities

- Exercises improved trade skills and knowledge of the stream under limited supervision either individually or in a team environment Develops independent judgement and exercises a wider range of skills relevant to the specific requirements of the organisation.


tains, examines, inspects, tests, measures and modifies on equipment, plant vehicles, machinery, fabrication or components.


calculations where necessary. - Uses fixed, portable and hand machines. - Utilises hand tools instruments. - Material/tooling/component identification, selec-

tion, application and installation. - Writes, finds and edits faults on NC programmes. - Performs marking out tasks. - Undertakes soldering and/or welding, and cutting

and heat treatment - Understands quality assurance and applies quality

control techniques. - Undertakes tasks which are incidental or periph-

eral to the performance of the main task or function.

- Provides guidance and assistance to other staff. - Uses computer keyboards. - Provides verbal and written reports.

Qualifications - Completion of 33% of Qualifications for Level 7

(Post Certificate or formal equivalent). - X% of Advanced Certificate. - Y% of Associate Diploma. - Z In House training modules.

Engineering Tfechnician Level 5 Fabrication Stream An Engineering Tfechnician Level 5 is an employee who

has the equivalent level of training and/or experience to a Level 5 tradesperson in the technical fields as defined but is engaged in detail drafting or routine planning or technical tasks requiring technical knowledge.

Tradesperson Special Class Level 6 Fabrication Stream Key Responsibilities

- Exercises advanced trade skills and knowledge of the stream under limited supervision either individually or in a team environment Exercises independent judgement and a wider range of skills


relevant to the specific requirements of the organisation.


tains, examines, inspects, tests, measures and modifies on equipment, plant, vehicles, machinery, fabrications or components.


ops minor design drawings as required. Applies calculations where necessary.

- Uses fixed, portable and hand machines. - Utilises hand tools and precision instruments. - Material/tooling/component identification, selec-

tion, application and installation. - Writes programmes, set up, prove, edit and verify;

for cutting, shaping and forming on NC/CNC machines or control units.

- Performs marking out tasks. - Undertakes soldering and/or welding, cutting and

heat treatment - Applies quality control and exercises quality

assurance techniques. - Undertakes a wider range of tasks which are

incidental or peripheral to the performance of the main task or function.

- Provides guidance, assistance and training to other staff at the same level or below.

- Uses computer keyboards and undertakes basic computer programming.

- Provides verbal and written reports. Qualifications

- Completion of 66% of Qualification for Level 7 (Post Trade Certificate or formal equivalent).

- X% of Advanced Certificate. - Y% of Associate Diploma. - Z In House Training Modules.

Engineering Tfechnician level 6 Fabrication Stream An Engineering Tfechnician Level 6 means an employee

who has equivalent level of training and/or experience to a Tradesperson Level 6 but is engaged in detail drafting or planning or technical work which requires the exercise of judgement and skill in excess of that required of an employee at Level 5 under the supervision of technical staff.

Tradesperson Special Class Level 7 Fabrication Stream Key Responsibilities

- Exercises specialised trade skills and knowledge of the stream under minimal supervision either individually or in a team environment. Exercises a high level of judgement and a wider range of skills relevant to the specific requirements of the organisation.


tains, examines, inspects, tests, measures and modifies on equipment, plant, vehicles, machinery, fabrications or components.



- Uses fixed, portable and hand machines. - Utilises hand tools and precision instruments. - Material/tooling/component identification, selec-

tion, application and installation.

- Writes programmes, set up, prove, edit and verify; for cutting, shaping and forming on NC/CNC machines or control units. Utilises CAD/CAM or computer systems to write NC/CNC programmes.

- Performs marking out tasks. - Undertakes soldering and/or welding, cutting and

heat treatment. - Understands quality control and quality assurance

techniques. - Undertakes a wider range of advanced tasks which

. are incidental or peripheral to the performance of the main task or function.


- Uses computer keyboards and undertakes computer programming.

- Provides verbal and written reports of a technical nature.

Qualifications - Post Trade Certificate or formal equivalent

OR - X% of Advanced Certificate. - Y% of Associate Diploma. - Z In House Training Modules.

Engineering Tfechnician Level 7 Fabrication Stream Engineering Tfechnician Level 7 means an employee who

has equivalent level of training and/or experience to a—Special Class Level 6 but is engaged in one of the following areas;

(i) Detail drafting or planning or technical duties requiring judgement and skill in excess of that required of a technician at Level 6 under the supervision of Tfechnical Staff; or

(ii) possesses a level of training and/or experience at Level 6 and exercises cross skilling in technical fields as defined.

Tradesperson Level 4 Electrical/Electronic Stream Key Responsibilities

- Exercises trade skills and knowledge of the stream under limited supervision either individually or in a team environment. Develops independent judgement and exercises a wider range of skills relevant to the specific requirements of the organisation.


tains, examines, inspects, tests, measures, modifies, commissions and fault finds on equipment, plant, vehicles, machinery, components or instruments.


calculations where necessary. - Uses fixed, portable and hand machines. - Utilises hand tools and instruments. - Material/component identification, selection, ap-

plication and installation. - Performs marking out tasks. - Undertakes soldering and/or welding and cutting. - Understands quality assurance and applies quality


eral to the performance of the main task or function.

- Provides guidance and assistance to other staff. - Uses computer keyboards.



- Trade Certificate or formal equivalent Tradesperson Level 5 Electrical/Electronic Stream Key Responsibilities

- Exercises improved trade skills and knowledge of the stream under limited supervision either individually or in a team environment Develops independent judgement and exercises a wider range of skills relevant to the specific requirements of the organisation.




calculations where necessary. - Uses fixed, portable and hand machines. - Utilises hand tools and instruments. - Material/component identification, selection, ap-

plication and installation. - Performs marking out tasks. - Undertakes soldering and/or welding and cutting. - Understands quality assurance and applies quality

control techniques. - Undertakes a wider range of tasks which are


- Provides guidance and assistance to other staff. - Uses computer keyboards. - Provides verbal and written reports.

Qualifications - Completion of 33% of Qualification for Level 7

(Post Trade Certificate or formal equivalent). OR

- X% of Advanced Certificate. - Y% of Associate Diploma. - Z In House training modules.

Engineering Technician Level 5 Electrical/Electronic Stream An Engineering Tfechnician Level 5 is an employee who

has the equivalent level of training and/or experience to a Level 5 tradesperson in the technical fields as defined but is engaged in detail drafting or routine planning or technical tasks requiring technical knowledge.

Tradesperson Special Class Level 6 Electrical/Electronic Stream Key Responsibilities

- Exercises improved trade skills and knowledge of the stream under limited supervision either individually or in a team environment Exercises independent judgement and a wider range of skills relevant to the specific requirements of the organisation.



- Works from drawings, prints or plans and develops drawings as required. Applies calculations where necessary.

- Uses fixed, portable and hand machines. - Utilises hand tools and precision instruments. - Material/component identification, selection, ap-

plication and installation. - Performs marking out tasks. - Undertakes soldering and/or welding and cutting. - Applies quality control and exercises quality

assurance techniques. - Undertakes a wider range of tasks which are


- Provides guidance, assistance and training to other staff.

- Uses computer keyboards and undertakes basic computer programming.

- Performs work of a general nature on radio, communication and electronic equipment.


- Completion of 66% of Qualification for Level 7 (Post Trade Certificate or formal equivalent).

OR - X% of Advanced Certificate. - Y% of Associate Diploma. - Z In House training modules.

Engineering Tfechnician Level 6 Electrical/Electronic Stream Engineering Tfechnician Level 6 means an employee who

has the equivalent level of training and/or experience to a Tradesperson Level 6 but is engaged in detail drafting or planning or technical work which requires the exercise of judgement and skill in excess of that required of an employee at Level 5 under the supervision of technical staff.

Tradesperson Special Class Level 7 Electrical/Electronic Stream Key Responsibilities

- Exercises specialised trade skills and knowledge of the stream under minimal supervision either individually or in a team environment. Exercises a high level of judgement and a wider range of skills relevant to the specific requirements of the organisation.


tains, examines, inspects, tests, measures, modifies, commissions and fault finds on equipment, plant, vehicles, machinery, components or instruments which utilise circuitry or control systems.




plication and installation. - Performs marking out tasks. - Undertakes soldering and/or welding and cutting. - Applies quality control and quality assurance

techniques. - Undertakes a wider range of advanced tasks which

are incidental or peripheral to the performance of the main tasks or function.


- Uses computer and undertakes computer programming.

Performs work on radio, communication and

has the equivalent level of training and/or expenence to a—Special Class Level 6 but is engaged in one of the following areas;

(i) Detail drafting or planning or technical duties requiring judgement and skill in excess of that required of a technician at Level 6 under the supervision of Tfechnical Staff; or

(ii) possesses a level of training and/or experience at Level 6 and exercises cross skilling in technical

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m if (i) Detail drafting involving originality of thought

wmcn requires me exercise ui juugemeni anu sxm in excess of that required of a Technician at level 7 under the supervision of Tfechnical and/or professional Staff; or

(ii) is engaged in planning or technical duties requiring judgement and skill in excess of that required of a Tfechnician at level 7 under the supervision of Tfechnical and/or professional Staff; or

(iii) exercises a level of cross skilling in technical

of the stream under minimal supervision with

a wider range of skills relevant to the specific requirements of the organisation.


tains, examines, inspects, tests, measures, modifies, commissions and fault finds on equipment,

tronic, mechanical and fluid power principles and

Works from drawings, prints or plans technical

plication and installation. Performs marking out tasks. Undertakes soldering and/or welding and cutting.

uality assui m. s a wider or peripher: or function ade/technic

mfS, m wider range of skills relevant to the specific requirements of the organisation.

Indicative Tasks Assembles, manufactures, installs, repairs, maintains, examines, inspects, tests, measures, modifies, commissions and fault finds on equipment,

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Qualifications - Performs work on complex radio and communication systems.

Qualifications - Advanced Certificate or - Y% modules of an Associate Diploma or equiva-

lent level of accredited training - Z In House training modules.

Engineering Tfechnician Level 9 Electrical/Electronic Stream An Engineering Tfechnician Level 9 has an equivalent

level of training and/or experience to that of an Advanced Tradesperson Level 9 but is engaged on one of the following areas:

(i) Undertakes drafting or planning or technical duties which requires the exercise of judgement and skill in excess of that required at the Level 8; or

(ii) exercises a level of cross skilling in technical fields as defined, consistent with the training and experience at this grade.

Advanced Tradesperson Level 10 Electrical/Electronic Stream

- Completed 3rd year Associate Diploma or formal equivalent

- Z In House training modules. Engineering Associate Level 10 Electrical/Electronic Stream Engineering Associate Level 10 means an employee who

works above and beyond a Tfechnician at Level 9 and has successfully completed 3rd year part time of an Associate Diploma or the equivalent level of accredited training and is engaged in:

(i) Making of major design drawings or graphics or performing technical duties in a specific field of engineering, laboratory or scientific practice such as research design, testing, manufacture, assembly, construction, operation, diagnostics and maintenance or equipment facilities or products, including computer software, quality processes, occupational health and safety and/or standards and plant and material security processes and like work; or

(ii) Planning of operations and/or processes including the estimation of requirements of staffing, material cost and quantities and machinery requirements, purchasing materials or components, scheduling, work study, industrial engineering and/or materials handling process.

Tradesperson Level 4 Timber & Allied Stream

Key Responsibilities - Exercises specialised advanced trade skills at the

level attained by post trade qualifications or accreditations thereto, relevant to the specific requirements of the organisation.

Indicative Tasks - Exercises a high level of judgement and responsi-

bility whilst working on advanced equipment, machinery, plant, vehicles, instruments and components which utilise complex electrical, electronic, mechanical and fluid power principles and are controOed by complex digital and or analogue circuitry.

- Works independently and without supervision. Applies task organisational skills and broader discretion within the work environment.

- Undertakes design, prototype and development work in collaboration with Engineer.

- Understands and exercises safety in the work place.

- Works from drawings, prints or plans and develops drawings as required. Applies calculations where necessary.


plication and installation. - Performs marking out or measuring tasks. - Undertakes soldering and/or welding and cutting. - Responsible for quality control and ensure adher-

ence to quality assurance procedures and work organisation.

- Undertakes a wider range of tasks which are incidental or peripheral to the performance of the main task or functions.

- Provides technical guidance and training to other staff. - Trade Certificate or formal equivalent.

Tradesperson Level 5 Timber & Allied Stream Key Responsibilities

- Exercises improved trade skills and knowledge of the stream under limited supervision either individually or in a team environment. Develops independent judgement and exercises a wider range of skills relevant to the specific requirements of the organisation.

Key Responsibilities - Exercises trade skills and knowledge of the stream

under limited supervision either individually or in a team environment. Develops independent judgement and exercises a wider range of skills relevant to the specific requirements of the organisation.

Indicative Tasks - Constructs, manufactures, installs, repairs, main-

tains, examines, inspects, tests, measures, modifies on buildings, plant, furniture, equipment, machinery, vehicles and components.

- Understands and exercises safety. - Works from drawings, prints and plans. Applies

calculations where necessary. - Uses fixed, portable and hand machines. - Utilises hand tools and instruments. - Material/tooling/component identification, selec-

tion, application and installation. - Performs marking out tasks. - Understands quality assurance and applies quality


eral to the performance of their main task or function.

- Provides guidance and assistance to other staff. - Uses computer keyboards - Provides verbal and written reports.

Qualifications

- Possesses and uses computer programming skills to set up, commission, maintain and operate equipment and/or systems.

OR - Applies advanced computer and integrated manu-

facturing techniques involving computer operating and programming.

- Plan maintenance programmes and prepare technical reports on specific tasks.

Indicative T&sks - Constructs, manufactures, installs, repairs, main-

tainr fies mac

Works from drawings, prints and plans. Applies calculations where necessary. Use

X% of Advanced Certificate.

Timber & Allied Stream Key Responsibilities

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Performs marking out tasks. Applies quality control and exercises quality assurance techniques. Undertakes a wider range of tasks which are incidental or peripheral to the performance of their main task or function.

ce. assistance and trainine to other

Undertakes pick up and deliveries. Undertakes motor vehicle driving. Assist in slinging and coupling. Assists Crane Drivers. Operates lifting equipment Uses selected hand tools.

computer programming. Provides verbal and written reports. nations Completion of 66% Qualification for Level 7 (Post Trade Certificate or formal equivalent).

Key Responsibilities Exercises a wide range of skills in manufacturing

maintenance, stores or operational duties and is responsible for the quality of their own work and exercises discretion subject to routine supervision either individually or in a team environment to the level of training.


Indicative Tasks - Manufacturers items and components to a re-

quired standard using simple plan/drawings and measuring equipment

- Assists crane drivers and other drivers using correct hand signals.

- Operates lifting equipment and carries out slinging and coupling duties.

- Performs specific manual or machine assisted cleaning tasks.

- Setting up and operation of specific types of fixed and portable machines.

- Performs routine maintenance tasks on plant and equipment

- Uses a range of hand tools. - Undertakes receiving, despatching and inventory

control. - Keyboard operation. - Recognises basic quality standands/faults. - Maintain necessary records. - Exercises safety in the workplace.

Workshops Production Employee Level 3 Key Responsibilities Exercises a wide range of skills including basic trade fault

finding in manufacturing, maintenance and may also undertake a wide range of operational stores or administration duties. Responsible for quality of own work, exercises discretion and co-ordinates work in a team environment or works individually under general supervision to the level of training.

Indicative Tasks - Basic trades. - Detect and correct faults. - Setting up and operation of a wider range of

specific fixed and portable machines. - Works from instmctions, drawings, plans and

procedures and uses precision measuring instruments.

- Exercises and implements safety procedures. - Licensed, Certified and Qualified operation of

mobile plant, motor track and cranes. - Undertakes preventative maintenance including

running repairs on plant and equipment. - Select and uses hand tools and equipment. - Assists in general office administration duties. - Operation and co-ordination of a store including

inventory and stock control. - Keyboard operation. - Maintain necessary records. - Provides on job training.

Workshops Production Employee Level 4 Key Responsibilities Exercises a wide range of skills (trade or equivalent)

applicable to the relevant stream under limited supervision either individually or in a team environment. Develops independent judgement and exercises a wider range of skills relevant to the requirements of the organisation.

Indicative Tasks - Approves and passes first off samples and

maintains quality of product - Works from drawing, prints or plans. - Operates, sets up and adjusts machinery to the

level of training position including production process welding.

- Undertakes running repairs on a range of machines/work stations including preventative maintenance.

74 W.A.I.G.

- Operates all lifting equipment. - Undertakes erection and dismantling of scaffold-

ing. - Operate all mobile plant include motor trucks. - Computer Operation (MRPS MINCOM etc) - Undertake general office administration duties at

a higher level than level 3. - Operation and co-ordination of a store including

inventory and stock control at level higher than level 3.

- Provides On Job training in conjunction with appropriate trainers.

Civil and Electrical Systems Maintainer Level 1 (Trainee) Undertakes routine manual duties to the level of training

under direct supervision, usually in a team. Indicative Ihsks An employee at this level may be required to perform all

or some of the following tasks:— - Performs general non-trade tasks as appropriate to

relevant streams. - Operates relevant hand tools, equipment and

machinery associated with work area. - Performs general cleaning duties. - Drives light vehicles. - Exercises safety within the workplace.

Maintainer Level 2 Key Responsibilities Utilises manual and mechanical aids, provides assistance

and exercises basic skills on a wide range of non-trade tasks under direct supervision either individually or in a team to the level of training.

Indicative Thsks An employee at this level may be required to perform ail



machinery associated with work area. - Performs specific manual or machine assisted

cleaning tasks. - Recognises basic quality standards/faults. - Maintains necessary records. - Exercises safety within the workplace. - Drives light vehicles.

Maintainer Level 3 and 3A Key Responsibilities Utilises manual and mechanical aids, motor trucks,

mechanical plant and mobile and fixed overhead cranes, provides assistance and exercises basic skills on a wide range of non-trade tasks under direct supervision either individually or in a team to the level of training.

Indicative Tasks An employer at this level may ire required to perform all



machinery associated with work area. - Performs specific manual or machine assisted

cleaning tasks. - Recognises basic quality standards/faults. - Maintains necessary records. - Performs motor track driving duties as required.


- Operates relevant licensed and/or certificated mechanical plant and mobile and fixed overhead cranes as appropriate.

- Performs routine maintenance and running repairs and basic fault finding to vehicles, mechanical plant, mobile cranes and other equipment as appropriate.

- Exercises safety within the workplace. Senior Maintainer Level 4 Key Responsibilities Utilises manual and mechanical aids, vehicles and plant

as appropriate on a wide range of tasks and co-ordinates the allocation and maintenance of those items as necessary. Responsible for the team or small groups when required, assists with both the co-ordination of work and with the provision of on-the-job training of staff, exercises discretion and works in a team or individually under minimal supervision.

Indicative Tasks An employee at this level may be required to perform all


relevant streams. - Operates as required and performs or co-ordinates

the necessary maintenance to relevant hand tools, equipment and machinery.

- Understands and applies quality control techniques.

- Detects faults and where appropriate arrange rectification.

- Performs the necessary administrative duties. - Supervises, controls and co-ordinates group or

individuals activities when required. - Provides on-the-job training. - Exercises and implements safety procedures and

requirements. Advanced Maintainer Level 5 Key Responsibilities Operation, supervision, control and co-ordination, as

appropriate, of work groups or other functions and exercises discretion on a wide range of non-trade tasks, or some basic trade tasks, under general supervision either individually or in a team to the level of training.

Indicative Tasks - Supervises individuals or groups. - Supervises other activities as required. - Performs basic trade tasks as appropriate. - Operates, controls and performs routing mainte-

nance to complex specialised machinery. - Understands and implements quality control tech-

niques. - Detects faults and where appropriate arranges

rectification. - Provides on-the-job training. - Performs necessary administrative tasks. - Exercises and implements safety procedures and

requirements. Advanced Maintainer Level 6 Key Responsibilities Planning, direction, supervision, control and co-ordina-

tion, as appropriate of work groups or other functions above the classification criteria for Level 5 and exercises discretion in a wide range of non-trade tasks, or some basic trade tasks, under general supervision either individually or in a team to the level of training.

Indicative Thsks An employee at this level may be required to perform all

or some of the following tasks:— - Supervises individuals or groups. - Supervises other activities as required. - Performs basic trade tasks as appropriate. - Plans, directs and co-ordinates complex special-

ised machinery. - Understands and implements quality control tech-

niques. - Detects faults and where appropriate arranges

rectification. - Provides on-the-job training. - Performs necessary administrative tasks. - Exercises and implements safety procedures and

requirements. - Responsibility for groups or activities the classifi-

cation criterion for which is specifically nominated at this level.

Operations Operations Employee Level 1 (Trainee) Key Responsibilities This is a position for a new recruit to the operations

division who undertakes induction training during a six month probationary period.


or some of the following tasks:— - Performs cleaning and manual handling. - Provides passenger assistance (ie. train informa-

tion load/unload luggage). Operations Employee Level 2 Key Responsibilities

- Performs miscellaneous tasks of a non trade nature around stations, yards, passenger and freight depots.

- Effectively handle and stow consignments in a designated area.

- Generally works in a team. - May work at more than one location during a shift,

be utlised on other general activities including those in a higher or lower designation of the station or depot.


or some of the following tasks: - Light Vehicle driving - Load/unload motor rail - Number taking - Stowing and securing freight including items on

wagons - Parcels receipt and delivery - Undertake cleaning and maintain the workplace in

a clear and safe manner - Manual handling - Barracks caretaking - Slinging and coupling

Operations Employee Level 3 Key Responsibilities

- Responsible for ensuring that loading is stowed and secured correctly prior to despatch of wagons.

- Ensure dangerous goods are identified and transported in accordance with regulations.

- Receipt and processing of consignment notes.

3190

- Carry out designated shunting operations (aid at certain locations train movements) in shunting yards and associated sidings, generally works in a team.

- May work at more than one location during a shift, be utilised on other general activities including those of a higher or lower designation of the station or depot

Indicative Tasks - Assist marshall and de-marshall trains - Collect wagons for despatch and place inward

wagons to various sidings - Relay hand signals - Note and report any irregularities of wagons

and/or loading - Observe safety requirements in shunting yards - Report all mishaps - Checking/securing - Consignment note acceptance and clerical duties - Base radio - Light Vehicle driving

Operations Employee Level 3A Key Responsibilities

- Responsible for operation or signalling and safe passage of trains in country areas.

- Responsible for the operation of mobile plant in freight yards, in a safe and efficient manner.

- Responsible for truck driving up to 9 tonne. - May work at more than one location during a shift,

be utilised on other general activities including those in a higher or lower designation of the station or depot.


or some of the following tasks: - Operate signal cabin - Car driving - Observe safety requirements - Report signal and points failures - Load/unload and store containers - Ensure containers are correctly stowed and se-

cured prior to despatch of wagons - Check that mechanical equipment is in safe

working order - Perform running maintenance on mechanical

equipment - Light vehicle driving - Truck driving up to 9 tonne

Operations Employee Level 5 Key Responsibilities

- Responsible for the efficient preparation and despatch of trains, and associated servicing of clients in the placing and despatch of freight to and from sidings and loading points.

- Responsible for the operation of the Container Handling Machine at Kewdale.

- Responsible for carrying out train running in a safe and efficient manner and in accordance with the book of rules.

- At Forrestfield controls a shunting team under direct supervision of a Operation Employee Level 6.

- May work at more than one location during a shift, be utilised on other general activities including those in a higher or lower designation of the station or depot

74 W.A.I.G.


or some of the following tasks:— - Controlling a shunting team - Train despatch - Light vehicle driving - Operate signal cabin - Supervision - Operate container handling machine

Operations Employee Level 6 Key Responsibilities Controls the movement of traffic in the following

situations:— - At major marshalling yards controls a shunting

team, marshalling and de-marshalling trains - Oversees yard operations to ensure the safe

despatch of trains and security of incoming trains - At major centres controls the signalling of trains

over signal controlled territory - Ensures employees carry out their work in a safe

manner - May work at more than one location during a shift,

be utilised on other general activities including those in lower designation of the station or depot.


or some of (he following tasks:— - Control a shunting team - Despatch of trains - Signalling - Safety of operations - Supervision

Motive Power Railway Vehicle Maintainer Level 1 (Traineee). Key Responsibilities lb maintain an acceptable level of cleanliness and

tidiness in all designated area. Indicative Thsks An employee at this level may be required to perform all

or some of toe following tasks: - Perform general cleaning duties - Perform general manual handling tasks - Exercise safety - Drive motor vehicle. A class license.

Railway Vehicle Maintainer Level 2 Key Responsibilities lb operate fixed plant, carry out minor maintenance tasks

and assist other staff with toe maintenance of Locomotives, Rollingstock and other ancillmy vehicles, machines and equipment operated by Westrail.


or some of toe following tasks. - Assist all staff in servicing, maintenance, repair

and where applicable re-railing or railway vehicles

- Perform specific cleaning tasks using manual or mechanised means

- Assist to provide efficient store counter service - Cany out specific service and maintenance tasks - Operate fixed plant - Operate lifting equipment - Utilised selected hand tools and machines - Drive motor vehicles requiring an A class license


- Exercise safety - On job instruction

Railway Vehicle Maintainer Level 3 Key Responsibilities To carry out repairs, component change out, servicing and

modification to Rollingstock in repair depot Provide support functions for the maintenance of locomotives, rollingstock and other ancillary vehicles, machines and equipment operated by Westrail.


or some of the following tasks. - Carry out repairs, servicing (including re-railing)

to rollingstock and other vehicles - Use hand tools and machines - Operate mobile plant and mobile and overhead

cab cranes - Assist with and direct the operation of mobile and

mobile crane, including slinging and coupling - Drive motor truck to B class license requirement - Service and maintain locomotive, rollingstock and

other vehicle batteries - Assist with office administration duties - Keyboard operation - Control and operate supply store - On job instruction - Maintain records - Exercise safety - Undertake cleaning tasks

Railway Vehicle Maintainer Level 4 Key Responsibilities To examine, inspect, identify faults, repair, service,

maintain and brake test rollingstock as part of a train or as single vehicles.


or some of the following tasks. - Examine inspect and identify faults on trains - Brake test trains and issue certificates - Carry out repairs, servicing and maintenance to

rollingstock (including re-railing) - Use hand and machine tools - Operate mobile plant and cranes - Assist with and direct the operation of mobile

plant and cranes - Drive motor vehicles to A and B licence require-

ments - Carry out on job instruction - Carry out multi skilled tasks in non wagon

function depots - Maintain records - Exercise safety - Under take cleaning tasks

Railway Vehicle Maintainer Level 5 Key Responsibilities To co-ordinate and assist team in the examination,

inspection, fault identification, brake testing, repair, servicing and maintenance of rollingstock as part of a train or as a single vehicle.


or some of the following tasks: - Co-ordinate a team - Assist team with and/or carry out examination,

inspection and fault identification of trains.

- Assist team with and/or carry out brake tests on trains or single vehicles and issue certificates where applicable

- Assist team with and/or carry out repairs, servicing and maintenance of rollingstock (including re-railing)

- Utilise hand and machine tools - Operate mobile plant and cranes - Assist with and direct the operation of mobile

plant and cranes - Trammel and gauge rollingstock - On job instmction - Maintain records - Office administration - Keyboard operation - Organise material supply - Organise rollingstock movement in and around

depot or yard - Exercise safety - Drive motor vehicles (A & B License) - Undertake cleaning tasks

Urban Passenger Suburban Rail Attendant Level 1 (Trainee) Key Responsiblities lb assist in the provision of quality service to passengers

by ensuring a high standard of presentation of railcars while learning about other aspects of passenger service.

Indicative Tasks - Cleaning of railcars - Submission of damage reports - Assist in cleaning of stations and buildings - Assist in work of Passenger Services Assistant - Attend induction training courses as required

Suburban Rail Attendant Level 2 Key Responsibilities To assist in the provision of quality service to passengers

by ensuring a high standard of presentation of railcars. Indicative Tasks

- Cleaning of railcars - Submission of damage reports to Chief Suburban

Rail Attendant - Cleaning of depot buildings and facilities - Tidying of depot surrounds - Carry out cleaning duties of Suburban Rail

Attendant level 3 as required - If qualified, act in position of Suburban Rail

Attendant level 3 when required Suburban Rail Attendant Level 3 Key Responsibilities To assist in the provision of quality service to passengers

by: (a) ensuring a high standard of presentation of

railcars, stations, station facilities and surrounds; (b) offering assistance to passengers on platforms.

Indicative Tasks - Cleaning of station and depot buildings, platforms

and facilities - Minor maintenance to station and depot buildings,

platforms and facilities - Tidying of station and depot surrounds - Provision of information and other assistance to

passengers where practicable - Report damage and/or urgent repair requirements

to appropriate Passenger Services Assistant


- Perform random surveillance of railway property and report any unusual activities to General Report Centre

- Act in position of Passenger Services Assistant for relief and special purposes

- Cleaning of railcars - Submission of damage reports to Chief Suburban

Rail Attendant Chief Suburban Rail Attendant Level 5 Key Responsibilities To assist in the provision of quality services to passengers

y: (a) ensuring a high standard of presentation of railcars

and depot buildings, facilities and surrounds; supervising the training of Trainee SRA's and SRA's; supervising, supporting and counselling SRA's.

(b) carrying out surveillance of railcars and other property within depots.

Indicative Tasks - Allocation of specific tasks to depot based SRA's - Supervision of SRA's in the performance of those

tasks - Ensure provision of resources for SRA's - Counsel SRA's on work performance and proce-

dures - Arrange appropriate action on damage reports

from SRA's - Cleaning of railcars, depot buildings, facilities and

surrounds - Monitor training requirements of trainee SRA's - Surveillance of railcars, buildings and facilities

within depots and reporting of unusual incidents Passenger Service Assistant Level 5 Key Responsibilities To provide quality service to passengers by:

- ensuring a high standard of presentation of facilities at stations;

- offering a wide range of assistance to passengers; - assisting in the provision of a pleasant and secure

environment for travel. Indicative Tasks

- Carry out frequent inspections of all stations in the group with respect to cleanliness; equipment serviceabUity; condition of buildings, fixtures and platform surfaces and as appropriate the cleanliness and condition of pedestrian mazes and footpaths, footbridges, subways, car parks and bus interchange facilities

- Report maintenance or work required to Passenger Service Manager

- Post/remove notices as required - Lock/unlock passenger facilities as necessary - Provide physical assistance and/or advice to

passengers - Provide travel information to passengers - Observe passenger behaviour and take appropriate

action - Monitor passenger bus/train integration at inter-

change stations and advise Passenger Service Manager/Train Controller of any problems and/or action taken

- Supervise group travel passengers - Assist passengers entraining and detraining - Observe passenger behaviour and take appropriate

- Assist in maintaining tidy condition of railcars on traffic, remove litter as far as practicable and notify driver of any other servicing requirements

- In emergency, co-operate with driver and/or emergency personnel as required

- Carry out safeworking and/or other duties for which qualified when requested to do so by Train Controller or Passenger Service Manager

- Carry out canna counts - Perform random surveillance of railway property

and report any unusual activities to General Report Centre

- By manner and personal presentation promote the concept of high quality service to passengers

- Drive motor vehicles as required - Assist passengers with ticketing problems as

required Senior Passenger Service Assistant Level 6 Key Responsibilities To provide quality service to passengers by ensuring a

high standard of presentation of facilities at stations; offering a wide range of assistance to passengers; assisting in the provision of a pleasant and secure environment for travel; provision of revenue protection; fostering good relations with the local community.

Indicative Tasks - Inspect tickets on trains and at stations - Issue cautions and infringement notices as neces-

sary - Follow up suggestions and request for information

and assistance, complaints and other incidents by visits

- Assist in ensuring members of aged persons clubs, employees of sheltered workshops, schoolchildren and other special interest groups are fully briefed at regular intervals on services provided

- All tasks that are undertaken by PSA Country Passenger Passenger Assistant Level 1 (Trainee) Key Responsibilities This is a position for a new recruit to the Passenger

Services section. Can be called upon to perform the role of a Passenger Assistant during initial training. Trainee assessed during probational period.


or some of the following tasks:— - Passenger assistance and information - Passenger comfort and safety - Collection of revenue - Serving meals and drinks to passengers - Train cleanliness - Effecting emergency procedures as directed - Completing necessary documentation as required - Dealing with customer complaints and problems

Passenger Assistant Level 3 Key Responsibilities To ensure that the quality of service provided to

passengers reflects the overall standard necessary to meet Westrail's passenger requirements.

Can be called upon to relieve in a higher designated position.


or some of the following tasks:— - Passenger assistance and information

r WESTERN AUSTRALIAN INDUSTRIAL GAZETTE

- Passenger comfort and security - Collection of revenue - Serving meals and drinks to passengers - Train cleanliness - Effecting emergency procedures as directed - Completing necessary documentation as required - Dealing with customer complaints and problems

Passenger Assistant level 5 Key Responsibilities To ensure the quality of the service provided to

passengers reflects the overall standard necessary to meet Westrail's passenger requirements.

Can be called upon to relieve in a lower or higher designated position.

Supervision of Passenger Assistants Level 2 as required. Indicative Tasks An employee at this level may be required to perform all

or some of the following tasks:— - Passenger assistance and information - Passenger comfort and security - Collection of revenue - Serving meals and drinks to passengers - Train cleanliness - Effecting emergency procedures as directed - Completing necessary documentation as required - Dealing with customer complaints and problems - Supervision of Passenger Assistant's level 2 as

required

Senior Passenger Assistant Level 6 Key Responsibilities Ensure that the quality of service provided to passengers

reflects the overall standard necessary to meet Wes trail's passenger requirements.

Supervise Passenger Assistants. Perform safe working duties in accordance with the Book

of Rules and General Appendix as required. Can be called upon to relieve in a lower designated

position. Indicative Tasks An employee at this level may be required to perform all

or some of the following tasks:— - Passenger assistance and information - Passenger comfort and security - Collection of revenue - Train operation (as required) - Ensuring on train facilities are operational and

equipment and amenities meet standards - Supervision of passenger assistants - Interact with locomotive crew for train operation - Train cleanliness - Effect emergency procedures or delegate as

required - Complete necessary documentation - Dealing with customer complaints and problems - Maintaining a high personal profile with regular

train patrol [Railway Employees' Award—Clause 45]

11.—Rates of Pay. A. Railway Employees

(1) (a) Table of Classification

(b) (i) The classification of "Tradesperson" includes, at the appropriate levels, the trade streams of Fabrication, Mechanical, Electrical/Electronic and timber & Allied.

(ii) Workers may be employed as tradespersons in the Workshops and Supply and in the Freight and Passenger Operation Division.

(2) Rates of Pay

(a) The following rates of pay shall apply to the classifications contained in paragraph (l)(a) of this clause:

Rate per Week from //

$ Level 10 588.60 Level 9 566.80 Level 8 545.00 Level 7 501.40 Level 6 479.60 Level 5 457.80 Level 4 436.00 Level 3A 422.50 Level 3 408.10 Level 2 388.10 Level 1 367.10

(b) Experience Allowance

Workers classified at levels 4 to 7 inclusive shall be paid the following experience allowance:

After 12 months' service with the employer $3.40 After 24 months' service with the employer $6.80

(3) Catering Section

The following rates of pay shall apply to workers employed in the following classifications:

Ibtal Rate per Week From //

Item Designation No.

1. (a) Chef Forrestfield & Westrail Centre (i) Level 1 (ii) Level 2

$

445.40 495.40

(b) Cook: (i) 1st Year (ii) Thereafter

418.50 421.00

2. Bar Attendant 403.40 3. Storeperson 383.40 4. Storeperson's Assistant 380.60 5. Handyperson: 1st Year

Thereafter 374.10 377.60

6. (a) Head Attendant (b) Attendant

(i) 1st Year (ii) Thereafter

352.80

340.40 350.60

7. Junior Attendants— Percentage of rate prescribed for Item 6(b)(ii) 15 years of age—60% 210.40 16 years of age—68.48% 240.10 17 years of age—76.95% 269.80 18 years of age—86.8% 304.30 19 years of age—94.25% 330.40 20 years of age—95.63% 335.30 Thereafter full adult rate of classification working in

8.04210 7.82105 9.21316 9.60789

4.88947 5.67105 6.45263 7.23421 7.82105

Stewardess Attendant Bar Attendant Cook Junior Attendant 15 years of age 16 years of age 17 years of age 18 years of age thereafter frill adult rate Casual workers detailed in Item 8 shall be paid on a hourly basis in accordance with subclause (2) of Clause 13. Notwithstanding the rates provided in Item 2 a worker who has had less then two weeks experience as a Bar Attendant shall not be paid more than the rate in Item 6(b)(ii).

(4) General

The following rates of pay shall apply to workers employed in the following classifications:

Ibtal Rate per Week From //

Item Designation

11. Driver: Motor Truck (a) Non-articulated: In excess of 9

tonnes capacity (b) Articulated:

(i) Over 9 tonnes capacity and over but under 25 tonnes

(ii) 21 tonnes capacity and over but under 25 tonnes

(iii) 25 tonnes capacity and over 12. Driver: Commissioner's Car 13. Attendant—Central Registry

Office Cleaner (rate includes allowance in lieu of long service leave)

Leading hand office cleaners shall be paid the following allowances:

(i) Perth $12.10 per week

(ii) Midland $8.40 per week

(5) Junior Workers and Junior Station Assistants shall be paid at the rate of the following percentage of the appropriate rate prescribed for Level 1 in paragraph (2)(a) of this clause:

Rate per Week

From //

460.10

468.30

474.60 479.50 465.90 383.40

Rate per Hour

10.31197

Up to 16 years 41 150.50 At 16 years 51 187.20 17 years 58 212.90 18 years 69 253.30 19 years 79 290.00 20 years 90 330.40

Provided that juniors aged 18 years and over who are employed in adult positions shall be paid at the Award rate for the position occupied.

7

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WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.LG.

(4) An officer who has been promoted and has not taken up in the new position shall be paid at the salary applicable to the new position after three months from the date of the officers appointment unless the delay is due to circumstances beyond the control of the Commission: provided that where an appeal has been lodged to the Promo- tions Appeal Board, the date of appointment shall be deemed to be the date of the decision of the Board: provided further that where promotions are made in anticipation of the retirement of an officer, the date of appointment for purpose of this subclause shall be a date not earlier than the date the retiring officer ceases duty.

(5) Nothing in this Award shall be deemed to limit the power of the Commission to pay an officer at a higher rate than that prescribed in any case, where it may consider the same to be merited or warranted by the officer occupying such position.

(6) Officers occupying the positions set forth in Schedule A shall be paid a salary not less than the minimum provided for the level in which such position has been classified: provided that, where an officer has been on the minimum, an intermediate or maximum of the level the officer shall be advanced to the equivalent range under this schedule. Officers who are classified on range of salary outside the schedule of salaries shall be advanced similarly to those coming under the general schedule.The foregoing provisions of this subclause shall not apply to any specified position which has been reclassified.

Salary Tables (i) Unclassified Officers automatic range

Level i Under 17 years 17 years 18 years 19 years 20 years 21 years or 1st year Adult Service 22 years or 2nd year Mult Service 23 years or 3rd year Mult Service 24 years or 4th year Mult Service 25 years or 5th year Mult Service 26 years or 6th year Mult Service 27 years or 7th year Mult Service 28 years or 8th year Mult Service 29 years or 9th year Mult Service

(ii) Classified Officers Level 1 1st Increment 2nd Increment 3rd Increment 4th Increment 5th Increment Level 2 1st Increment 2nd Increment 3td Increment 4th Increment 5th Increment Level 3 1st Increment 2nd Increment 3rd Increment 4 th Increment Level 4 1st Increment 2nd Increment 3rd Increment

Per Annum

10,446 12,207 14,238 16,480 18,507 20.331 20,983 21,634 22,281 22,932 23,583 24.332 24,850 25,616

22,932 23,583 24,332 24,850 25,616

26,533 27,236 27,975 28,756 29,573

30,696 31,571 32,473 33,399

34,669 35,664 36,688

Level 5 1st Increment 2nd Increment 3rd Increment 4th Increment

[Railway Officers' Award Clause 66]

C. Locomotive Enginemen , Grade or Designation

Trainee Engineman and Lo- comotive Trainee (unqualified)

(a) A junior locomotive trainee (unqualified) shall be paid at the rate of the following percentages of the appropriate rate prescribed for item number l(b)(i) herein. (i) Under 18 years 60% (ii) 18 years and under 70%

19 years (iii) 19 years and under 80%

20 years (iv) 20 years and under 90%

21 years (v) Provided that any

trainee engineman under 21 years of age qualified to act as fireman and/or driver's assistant shall be paid an additional 30 cents per week.

(b) 21 years and over: (i) 1st year of adult

service (ii) 2nd year of adult

service (iii) Thereafter

(c) Qualified to act as fireman or driver's assistant: (i) 1st year of adult



(d) Locomotive Trainee (qualified) and when acting as fireman or driver's assistant: (i) 1st year of adult



Fireman or Driver's Assistant and Locomotive Trainee (appointed) (a) First Year

(i) Less than 1 year adult service

(ii) Over 1 year adult service but less than 2 years

(iii) Over 2 years adult service

(b) Second year (i) Less than 2 years

adult service

Per Annum

38,6®) 39,993 41,378 42,815

Total Rate per Week

225.50 263.10

300.60

338.20

390.30

396.70

404.20

401.20

407.50

414.70

418.20

« WESTERN AUSTRALIAN INDUSTRIAL GAZETTE

(ii) Over 2 years adult service

(c) Third year Fireman or Driver's Assistant Qualified in Driver's Duties and Driver's Assistant (qualified): (a) (i) 1st year

(ii) 2nd year (iii) 3rd year and There-

after (b) When acting as a driver Shunting Fireman:

A fireman or driver's assistant who at the worker's own request or for health or disciplinary reasons is regressed to the grade of shunting fireman and is employed full-time on shunting duties, shall be paid as follows:

(a) First year (i) Less than 1 year

adult service (ii) Over 1 year adult

service, but less than 2 years



adult service (ii) Over 2 years adult

service (c) Third year and thereafter Driver: (a) Engine drivers (includ-

ing diesel railear driver and diesel locomotive driver) (i) 1st year (ii) Thereafter (iii) Special Class

(b) Driver (so classified) not in receipt of the rate prescribed in (a)(iii) hereof, who, in any week for the most part of the rostered week's work, drives a passenger train or freight train tabled at passenger speed 105 kilometres or more in one direction

(c) Provided that the senior 25

Total Rate per Week

425.50

435.20

457.80 477.00 489.80

505.30

388.70

395.40

402.10

398.90

405.80

410.90

512.10 516.90 522.60 522.60

per cent of all

(6) Shunting Driver: An engineman, who, at the worker's own request, or for

health or disciplinary reasons is regressed to the grade of shunting driver and is employed full time on shunting duties, shall be paid as follows —

(a) 1st year—442.90 (b) 2nd year and thereafter—469.60

(7) Driver in charge: A driver, while required to undertake the duties of a driver

in charge of an out-depot, shall work through the roster for that depot and shall be paid the highest ordinary wage prescribed for locomotive drivers.In addition, the driver in charge shall be paid the following amounts —

(i) at an out-depot where six or more workers are stationed—-12.00

(ii) at an out-depot where fewer than six workers are stationed—10.00

Provided that on relinquishing the duties of a driver in charge, a driver will revert to the wage he would have received had the driver not acted as driver in charge. (8) No driver shall be entitled to promotion from one class to another unless the driver satisfactorily passes any examination or test required by the head of the branch. (9) A driver whilst acting as sub-foreman shall be paid in accordance with the current award of the Railways Classification Board: provided that the driver shall not be paid a less rate than prescribed in this Award for a driver in charge. (10) Permanent Cleaner:

(i) 1st year of adult service—383.60 (ii) 2nd year of adult service—395.40

(iii) Thereafter—402.10 (11) Kilowatt Allowance:

(a) A locomotive driver, fireman, driver's assistant or worker acting as such, who in any shift works a train hauled by one or more operating diesel electric or diesel locomotives with a total rated kilowatt for traction specified hereunder shall, in addition to the wages prescribed in this clause, be paid an allowance as follows—

(i) For a period of four hours or more — Up to and including 976 kilo- nil watts Over 976 kilowatts but not 15.60 exceeding 2760 kilowatts Over 2760 kilowatts 31.20

(ii) For a period of less than four hours one- eighth of the appropriate allowance prescribed in (i) hereof for each hour or part thereof worked, calculated to the nearest 10 cents, with any broken part of 10 cents not exceeding five cents being disregarded.

addition to the appropnate rate of pay:

(i) First year—26.20 (ii) Thereafter—26.50

(iii) Special Class—26.90 This aEowance shall form part of the total rate

of pay. (b) For the purpose of this subclause "driver" shall

include "shed driver" provided that a shed driver in receipt of the above allowance shall be available and capable of being rostered for passenger operation.

(13) (a) A fireman or driver's assistant working trains at Hampton and Redmine and being required to supervise and be responsible for the loading or unloading of a train shall be paid 80 cents per shift.

(b) A fireman or driver's assistant working trains at Western No. 2 Collie shall be paid 15 cents per hour with a minimum of two hours for each train worked. (14) Minimum Wage

(a) Notwithstanding the provisions of Clause 14.— Rates of Pay, no adult worker shall be paid less than $275.50 per week as ordinary rates of pay in respect of the ordinary hours of work prescribed by this Award.

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

(15) Should the rates of pay provided in Clause 4 of part (iii) of the Locomotive Enginemen's Award 1966 issued under the authority of the Commonwealth Conciliation and Arbitration Act and to which the Commissioners of Railways, Victoria, South Australia, Tasmania are respondents be varied, any variation to the rate per week in this Clause which may result therefrom shall operate from the same date as the variations made to Clause 4 in the first mentioned Award. [Locomotive Enginemen's Award Clause 14]

12.—Week's Work. A. Railway Employees Traffic Section

(1) Five shifts between Monday and Saturday inclusive shall constitute a week's work for the purpose of this clause.

(2) (a) Where a worker is called upon to work on the workers rostered day off shown on the roster the worker shall be paid at the rate of time and one half for work performed on that day and double time if the rostered day off falls on a Saturday.

(b) Where a workers rostered day off shown on the roster is altered and an alternative day substituted as the rostered day off so that the worker is required to work on the day first shown as the rostered day off as part of the ordinary hours of work the worker shall be paid at the rate of time and one half for such work unless given at least 24 hours notice of the alteration.

(3) Workers shall not be rostered for duty within 24 hours of booking off or before (MM) hours the day ' " inr "" "' " '

counted as one of the five week day shifts. [Railway Employees' Award Clause 37.Week's Work provisions for other than Traffic workers are contained in Hours of Duty clause.] B. Railway Officers [Week's Work provisions are implied in Hours of Duty clause] C. Locomotive Enginemen

(1) Five shifts between Monday and Saturday inclusive shall constitute a week's work.

(2) (a) Rosters when first posted shall show one rostered day off between Monday and Satur- day.

(b) A rostered day off shall be twenty four hours commencing 0001 hours to 2400 hours on the day designated as the rostered day off.

(c) Where a worker is called upon to commence work or works any part of a shift during such worker's rostered day off the worker shall be paid at the rate of double time for all time worked for that shift.

(3) Where a train crew works a continuous s Sunday into Monday, such shift, unless it ext into four hours on Monday, will not be con as one of the five week day shifts.


13.—Hours of Duty. A. Railway Employees

The provisions of this section should be rear conjunction with the Memoranda of Agreement relatir the reduction of the working week from 40 hours ti hours; and in conjunction with the Memoranda of A| ment and Orders relating to 9 day fortnight working. Traffic Section

(1) (a) Except as hereinafter provided, forty 1: exclusive of Sunday work shall constiti week's work.

(b) (i) The employer shall arrange as ft practicable that shifts shall not ex eight hours and except in case emergency when relief cannot be vided, a worker shall not be requin remain on duty at the worker's hon temporary home station for more ten hours:Provided that Senior Par ger Assistants and Passenger Assis on the Perth-Kalgoorlie run maj rostered for the through trip in e direction, but shall be panted a period of not less than six and a hours, with sleeping berth provided, period of rest shall be regardei travelling time and be paid fo accordance with the provisions Clause 27.—Payment for Trave Time subclause (6) of this Award.

(ii) Senior Passenger Assistants and Passen- ger Assistants or workers acting in the classifications may Ire rostered for the through trip on the Perth—Kalgoorlie run in either direction.V/hen working interstate services, passenger assistants or workers acting in the classifications may Ire granted a minimum rest period

1 H

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(c) Except as provided for in subparagraph (b)(i) hereof, each day's work of eight hours shall be completed within 10 hours from the starting time, provided that at country stations where the train arrangments render a 10 hour spread impracticable, such spread may be entended to 12 hours, but if such spreads are exceeded all time in excess of the 10 or 12 hour spread, as the case may be, shall be paid for at overtime rates.

(d) (i) Except in cases of emergency or unless due to regular rotation of shifts, no worker employed in the shunting and despatch of trains or in signalling shall be called upon to work more than nine hours continuously or shall be called on duty until such worker has had at least twelve hours off.In this subclause the word "emergency" shall not be construed to cover a mere increase of traffic which could have been foreseen, and might reasonably have been provided for without encroaching on the twelve hour rule.

(ii) In cases where workers employed in the shunting and despatch of trains or in signalling are required to take up duty with less than the prescribed rest period they shall be allowed time equivalent to that by which the period of rest has been shortened.

(e) Except in cases of emergency, or unless in special cases by agreement between the union and the employer, and subject to Clause 30.—Allowances and Arrangements for Specified Workers, other workers excepting Senior Passenger Assistants and Passen- ger Assistants under this section shall not be called on duty unless they have had at least eight hours off after the completion of a shiftln cases where such workers are required to take up duty with less than the prescribed period of rest they shall be allowed time equivalent to that by which the period of rest has been shortened.

(f) (i) No worker under this section shall be rostered for less than four hours in any one day provided that for Guard (Subur- ban) no shift on the suburban rail passenger service will be less than five hours.

(ii) Any worker brought on duty for the worker's normal roster shall receive four hours' pay or in the case of a Guard (Suburban) five hours' pay at the rate applicable to the day.

(iii) Any worker rostered for duty and being informed that the worker is not required shall, unless the worker has been notified as provided in paragraph (k) of this clause, be paid two hours' pay at ordinary rates, but the worker may be called for further duty without any further period of rest.

(g) Except in cases of emergency, juniors shall not be employed (except when required to call other employees for duty) between the hours of 0000 hours and 0600 hours but may be required, whilst not calling, to attend to telephone and to sweep, dust and clean.

(h) A goods shed worker shall not be required to work for more than five consecutive hours without a meal.

(i) No worker rostered for duty shall be entitled to any pay or allowance when notice that the worker is not required has been left at the

worker's place of residence at least two hours before the worker's rostered time.

than Traffic (2) (a) With the exception of length runners, forty

hours, exclusive of Saturday and Sunday time, shall constitute a week's work.

(b) Forty hours, exclusive of Sunday time, shall constitute a week's work in respect to length runners provided that length runners shall be paid for Saturday work in accordance with clause 40.—Overtime, Saturday and Sunday Time subclause (l)(c)(ii).

(c) No day's work shall exceed eight hours without payment of overtime.

(d) (i) The ordinary hours of work (other than for shift work) prescribed herein shall be worked continuously, except for meal breaks, between 0600 hours and 1800 hours.Provided that: (aa) the actual ordinary hours of work

shall be determined by agreement between the employer and the majority of employees in the plant or work section or sections concerned; and

(bb) where Clause 41.—Workers in Breakdown Gangs and at Washa- ways has application.Those provisions shall apply.

(ii) Provided further that work prior to the spread of hours fixed in accordance with this subclause for which overtime rates are payable shall be deemed for the purpose of this subclause to be part of the ordinary hours of work.

(e) The ordinary hours of woxk prescribed herein shall not exceed ten on any day .Provided that:

(i) In any arrangement of ordinary hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between an employer and the majority of employees in the plant or work section or sections concerned; and

(ii) by arrangement between an employer, the Union or Unions concerned and the majority of employees in the plant or work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to: (aa) the employer and the employees

concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on 12 Hour Shifts;

(bb) proper health monitoring procedures being introduced;

(cc) suitable roster arrangements being made; and

(dd) proper supervision being provided. (3) (a) An employee shall not be required to work

for more than five hours without a break for a meal. Provided that:

(i) In cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five tours an employee shall not be required to wmk more than six hours without a break for a meal; and

WESTTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.I.G.

mm six hours at ordinary rates of pay without a meal break.

(b) The time of taking a scheduled meal break

be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.

(c) An employer may stagger the time of taking a meal and rest break to meet operational requirements.

(d) Subject to the provisions of subclause (a) of this subclause, an employee employed as a regular maintenance person shall work during meal breaks at ordinary rates of pay whenever instructed to do so for the purpose of making good breakdown of plant or upon routine maintenance of plant which can only be (tone while such plant is idle.

(e) Except as provided in subclauses (a) and (d) of this subclause, and except where any alternative arrangement is entered into, overtime rates shall be paid for all work done during meal hours and thereafter until a meal break is taken.

Office Cleaners (4) The provisions of this clause shall not apply to

ray Employees Award Clause jyj ilway Officers (1) (a) The hours of duty of officers, except as

provided in subclause (b) of this clause, employed in the head and district offices shall be:—

Where a five day week is worked— Monday to Friday, a shift of 7 hours per day between the hours of 0600 hours to 1800 hours with an interval of a minimum of 30 minutes and not more than one hour for lunch, provided that where standard hours are worked then the hours shall be between 0800 hours and 1700 hours.

Where a six day week is worked—Monday to Friday, a shift of 7 hours per day between the hours of 0600 hours to 1800 hours with interval of one hour for lunch; Saturday a shift of 2hours between the hours of 0600 hours to 1200 hours.

(b) Transport Officers, and officers required to travel in the performance of their duties shall not be rostered for more than 37 hours per week exclusive of Sundays.

(c) The hours of duty Monday to Saturday as specified in paragraph (a) of this subclause may be varied in such a manner as is mutually agreed upon between the Depart- ment and the Union.

(d) Where agreed ami subject to the provisions of paragraph (e) of this subclause and of Clause 22.—Guaranteed Week, the tours of duty for shift workers may be arranged:

(i) to provide for 37hours per week from Sunday to Saturday in five shifts;

(ii) to provide four weekly cycles of 20 |e of to be y to

subclause (1) in regard work that cannot be carried out within the usual hours of duty shall not apply.

accordance with subclause (l)(d)(ii) of this clause shall not, except in an emergency, be rostered for more than seven shifts continuously and shall also be rostered a minimum of two days off duty in any rostered break; provided that each 28 day cycle shall allow for eight days off duty.

(f) The hours of duty specified in paragraph (d) and (e) of this subclause shall only apply to officers as is mutually agreed upon been the Commission and the Union.

(2) There shall be no fixed hours of duty for managers, assistant managers, relief managers and manageresses in the refreshment services section whose attendance (or that of the spouse) will be regulated by the reasonable requirements of the public according to train services or other exigencies.

(3) All other officers shall work 38 hours per week exclusive of Sundays; provided that where the present custom is to work a lesser number of hours, such custom shall continue; and provided further that any officer required to work in head

n

attend at the office for the same period. (4) The spread of shift for station officers shall not

exceed nine hours overall except in cases of emergency where the spread may to extended to 12 hours for short periods of less than four days.

(5) Any officer called upon to work on any day on which the officer has been booked off shall be given not less than 12 hours' notice or shall be paid for all time worked on such day at not less than at the rate of time and a half unless the officer is otherwise entitled to payment for overtime because of the time worked on such day.

(6) (a) The ordinary hours of duty for all officers shall be worked on Mondays to Fridays inclusive wherever practicable.

(b) Where the ordinary hours of duty cannot be arranged as provided in paragraph (a) of this subclause they shall be worked in five shifts, Monday to Saturday inclusive, if the requirements of the position make it practicable to do so.

(7) (a) Subject to the conditions set out in Schedule B of this Award the hours of duty for officers other than those in receipt of the salary of a level S officer located in a head or district office shall be arranged in the following manner —

(i) The ordinary tours shall be worked in cycles of four weeks.

(ii) One extra day off without loss of salary shall be allowed in each cycle.

(iii) The time absent on an extra day off shall be made up by working extra time on each of the remaining shifts in the cycle.

(b) The hours of duty for officers in receipt of a


(c) In any case where an extra day off is not cleared in the cycle the extra day shall be accrued and cleared at some other time, provided, that in the case of officers in receipt of salary of a level 5 officer, an extra day off shall not be accrued without the prior approval of the Head of Branch or other duly authorised officer.

(8) (a) Notwithstanding the arrangement provided in subclause (7) of this clause the ordinary hours of duty may be arranged over nine working days in each fortnight by mutual agreement between the Commission and the Union.

(b) Where agreement is reached for a nine day working fortnight the conditions to apply shall be in accordance with Schedule C of this Award.

(9) If an officer is rostered for a sixth shift between Monday and Saturday all ordinary time worked in the sixth shift will be paid at the rate of time and one half in addition to the rate prescribed in Clause 24.—Saturday Work when die sixth shift is worked on a Saturday.

(10) Officers in charge of depot stations, where shunting staff are employed, or loco depots may be granted time for handing over at change of shifts at the discretion of the Head of Branch as the case may be.

(11) No officer shall be booked off for meals or adjustment of hours between 2100 hours and 0700 hours.

(12) The recognised meal hours for all officers shall be between the following hours:

breakfast 0700 hours to 0900 hours, lunch 1145 hours to 1400 hours, tea 1700 hours to 1930 hours, with a minimum of 30 minutes for a meal.

(13) (a) Officers brought on duty outside their ordinary rostered hours shall, except where such duty exclusive of meal times is continuous with the ordinary shift, be paid for all such time, with a minimum of three hours' pay at the rate applicable to the day where less than three hours are worked.

C. Locomotive Enginemen (1) (a) All time (exclusive of Sunday time) worked

in excess of forty hours in any one week shall be paid at the rate of time and a half.

(b) All time worked in excess of eight hours in any one of the first five shifts in a week shall be paid for at the rate of time and one half for the first three hours and double time thereafter, provided that all time paid at the rate of double time shall stand alone and be paid for in addition to the week's work.

(c) Overtime provided for in paragraphs (a) and (b) of this subclause shall not be paid for twice but payment shall be calculated on the daily or weekly basis, whichever of these alternatives gives the greater amount

(d) (i) The overtime rates shall be computed on the rate applicable to the day on which the overtime is worked provided that double time shall be the maximum rate.

(ii) Subject to the foregoing subparagraph, all time worked on Sunday shall be paid at the rate of double time, and all ordinary time worked on Saturdays by shift workers shall be paid at time and a half.For the purpose of this subparagraph "shift workers" means workers whose usual hours of duty commence and complete other than during the period 0700 hours to 1730 hours.

(iii) All workers employed after 1230 hours on Saturdays shall be paid at the rate of time and a half for all time worked on that day prior to and after 1230 hours.

(e) No shift shall in the case of the suburban railcar passenger service be less than five hours and elsewhere be less than seven hours .The employer shall arrange as far as practicable that shifts shall not exceed eight and a half hours and, except in cases of emergency or where relief cannot be provided, a worker shall not be required to remain on duty for more than ten hours.

(2) (a) Workers other than enginemen shall not be required to work more than five hours without being booked off for a meal or allowed a crib time.

(b) Where an officer reports for a rostered shift and is informed of not being required, such officer shall be paid a minimum of three hours' pay at the rate applicable to the day.

(14) No junior officer shall, except in cases of

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tinue for at least a further hour.The place at which crib may be taken shall, if practicable, be indicated on suburban rosters.

(ii) The provisions of subparagraph (i) of this paragraph shall not apply to any train running on the standard gauge to which subclause (6) of Clause 27.— Distance Payments, refers or to trains referred to in Clause 14(11)—Rates of Pay, provided such train is not required to shunt (detach or attach) more than once en route.

(3) The employer shall guarantee to each worker a full week's work of forty hours, exclusive of Sunday work, except during such period as by reason of any action on the part of any section of its workers or for any cause beyond its control, it is unable wholly or partially to carry on the running of the trains .Eiach week shall stand by itself.

[Locomotive Enginemen's Award Clause 17 subclauses (1)—(3)] C138 Hour Week Provisions

1.—Application. (1) The provisions of this schedule apply to all employees

to whom this award applies. (2) The provisions of this schedule apply in substitution

for corresponding provisions of this award or where there is no corresponding provision in addition to the provisions of this award.

2.—Hours of Duty. The ordinary hours of work for all employees shall be 38

hours per week.

3.—Rates of Pay. The hourly rate of pay for each worker shall be the total

rate per week provided for in clause 14 of the Locomotive Enginemen's Award No. 13 of 1973-1990 (hereinafter referred to as the award) divided by 38.

4.—Implementation. (1) The calendar year will be divided into thirteen 4

weekly cycles. (2) The ordinary hours in each cycle will be 160 hours on

a 40 hour week basis. (3) Eight hours in each cycle (2 hours per week) will be

accumulated for subsequent clearance as an extra day off.

5.—Overtime. Overtime payments will be made in accordance with

clause 17.—Hours of Duty and Overtime Payment, of the award.

6.—Clearance of Extra Days Off. (1) (a) Subject to reasonable notice of not less than five

days the accumulated extra days off are to be taken in one or two parts at the employer's discretion provided that a lesser period of notice may be given with the consent of the employee.

(b) Extra days off may be taken in anticipation of the credit time to be worked in any one leave year subject to the provisions of paragraph (a).

(2) The employer shall, upon receipt of a written request from a worker to clear extra days off in accordance with subclause (1), comply with such request subject to the exigencies of the service.

(3) Any accumulated extra days off remaining uncleared at June 30 each year shall be added to the worker's annual leave and arranged in accordance with Clause 29(l)(e)— Annual Leave and Holidays, of the award.

worker's services if sooner, an adjustment to the worker's titlements

the leave year to which the worker, through subsequent service, has not become entitled.

7.—Leave and Public Holidays. (1) For the purpose of clause 29.—Annual Leave and

Holidays, of the award each week's leave shall mean 38 hours at 7.6 hours per day.

(2) For the purpose of long service leave as prescribed in the State Government Wages Employees Long Service Leave Conditions each week's leave shall mean 38 hours at 7.6 hours per day.

(3) For the purpose of clause 29(2)(b)(ii)(bb)—Annual Leave and Holidays, of the award 8 hours means 8 hours at the 40 hour hourly rate and shall be computed as 7.6 hours at the 38 hourly rate as provided in paragraph 3.

(4) A day's holiday cleared in lieu of work on a public holiday shall be computed as 7.6 hours.

(5) Extra days off accumulated in accordance with paragraph 3 will be computed at 8 hours at ordinary rates.

(6) Where because of a combination or working time and leave, less than 8 hours extra is accumulated in any cycle in accordance with paragraph 3 and the aggregate of such accumulation for the year results in the accumulation of a part day of less than eight hours, the employee shall have the option when taking uncleared days with annual leave, as provided in paragraph 6(3) of this Schedule, of being paid for the accumulated part day at ordinary rates or taking an extra day off with pit payment.

(7) An employee's sick leave entitlement will be debited on the basis of the ordinary rostered hours and will include an accrual towards the extra days off.

(8) A worker shall not be entitled to sick leave or bereavement leave in respect of any absence from duty whilst clearing extra days off.

(9) Any annual leave, public holidays or sick leave entitlement accumulated toan employee as at January 4 1986 shall be adjusted in hours in the ratio of 40 to 38.

8.—Guaranteed Week's Woik. Where in any week a worker is on annual leave, long

service leave, workers compensation, leave without pay, or days in lieu of public holidays worked the guarantee provided in clause 17(3)—Hours of Duty and Overtime Payment, of this award shall be reduced by 0.4 hours in respect of each days absence. [Locomotive Enginemen's Award—First Schedule]

14.—Overtime. A. Railway Employees Traffic Section

(1) (a) Exclusive of Sunday time and that time paid for under clause 37 subclause (2)(a) which shall not be taken into account for the purposes of this subclause, all time worked in excess of the hours fixed for a week's work shall be paid for at the rate of time and a half.

(b) (i) Subject to the proviso to clause 37

subclause (l)(b) all time worked in excess of eight hours in any one shift shall be paid for at the rate of time and a half for the first three hours and double time thereaftenProvided that in the case of a guard or a v/orker booked to assist the paid on a train, all time paid at the rate of double time shall stand alone and be jaid for in addition to the week's work.

(ii) Overtime provided for in subclauses (a) and (b)(i) hereof shall not be paid for twice; payment shall be calculated on

amount to the employee.

kl WESTERN AUSTRALIAN INDUSTRIAL GAZETTE s

to the time and a half provision for weekly overtime. (iii) The overtime rates shall be computed on

the rate applicable to the day on which the time is worked:Provided that double time, i.e. twice the ordinary rate, shall be the maximum.

(c) (i) Subject to subclause (b)(iii), the time worked on Sundays shall be paid for at the rate of double time and all time worked on Saturdays by shift workers shall be paid for at the rate of time and a half.For the purpose of this subclause "shift workers" means workers whose usual hours of duty commence and complete other than during the period 0700 hours to 1730 hours.

(ii) All workers employed after 1230 hours on Saturdays shall be paid at the rate of time and a half for all time worked on that day prior to and after 1230 hours.

(d) Any worker brought on to work outside the

worked with a minimum of four hours. (f) When a worker is required to be on hold in

readiness for a call to work after ordinary hours, the workershall be paid at ordinary rates for the time the worker so holds in readiness.

(g) (i) When overtime work is necessary, it shall, wherever reasonably practicable, be so arranged that workers have at least eight consecutive hours off duty between the finish on one day and time of commencement on the next day.

(ii) A worker (other than a casual worker) who works so much overtime between the termination of the workers ordinary work on one day and the commencement of his ordinary work on the next day that the worker has not at least eight consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the worker has had

1

0

AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.I.G.

daily overtime who may refer the matter to the Union

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accordance with the requirements set out in (a) hereof.

[Railway Employees' Award Clause 40 subclause (1)— subclause (2) paragraph (j); subclauses (3) and (4).] A1 Midland Workshops

(k) Notwithstanding anything hereinbefore contained:—

(i) Systematic overtime in the Railway Work- shops at Midland, shall not be workai, but in

decision of the secretary or secretaries concerned within 24 hours of such notification and, if consent to the proposed overtime is refused, the employer may refer the matter to the Board of Reference.If the decision of the secretary or secretaries in the first instance, or the Board of Reference, on appeal, is in favour of the employer's proposal overtime shall be worked accordingly.

(vi) Notwithstanding anything hereinbefore con-

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(Hi) When the employer intends to work overtime on a minor job, i.e. a job which does not involve more than nine hours' overtime per

Ail*) iHllBlltinTj the appropriate shop steward of that portion of the establishment in which it is proposed to work overtime.The shop steward shall be advised of the nature of the emergency, the

and thereafter on a similar basis. (2) (a) Subject to subclause (5) paragraphs (a) and

(b) of this clause all time worked in excess of the recognised working hours in any one

a half. (b) All time worked in excess of eight hours in

any one shift (or 7 1/2 hours in the case of an officer who normally works 37 1/2 hours

subject to the provisions of any Agreement for Credit Day or similar working, overtime will not be paid until 38 hours for the week have been worked.

(3) The recognised hours of duty shall be laid down in Clause 23.—Hours of Duty, subclauses (1) to (8).

(4) In computing the number of hours worked per week, time absent on sick leave and holidays, when paid for, shall be treated as time worked.

(5) (a) Any periods up to five minutes on any day are not to count in the week's total,

(b) Except as provided for in subclause (2) paragraphs (b) and (c) of this Clause the first two hours' overtime or any portion thereof in any one day may be adjusted within the week it is worked.Such adjustment shall take place by being brought on later or booked off earlier.Any overtime beyond the two hours will stand alone and be paid for as provided for in subclause (2) of this Clause.

(6) Officers whose hours of duty are arranged in accordance with Clause 23.—Hours of Duty, subclause (l)(d), shall, in addition to the provisions of this Clause, have all time worked included for the purpose of calculation of overtime; provided that officers whose hours of duty are arranged in accordance with Clause 23.— Hours of Duty subclause (l)(d)(ii), weekly overtime shall be calculated on a four weekly cycle basis; provided further that daily overtime shall be calculated in accordance with subclause (2) of this Clause.

(7) Any officer in receipt of the salary of a level 5 officer shall not be entitled to overtime pay unless the overtime is undertaken at the direction of the Head of Branch or other duly authorised officer.

[Railway Officers' Award Clause 27] C. Locomotive Enginemen

(1) The employer may require any worker to work reasonable overtime at die overtime rates provided under this award, and such workers shall work overtime in accordance with such requirement.

(2) No union or worker covered by this award shall, in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of subclause (1).

(3) A worker shall be under no obligation to sign on duty for a further shift after having completed forty seven hours for that week inclusive of any work done on Sunday; provided that, on booking off from the previous shift, the worker has given notice of that unwillingness to work a further shift that week.

[Locomotive Enginemen's Award Clause 21.Pro visions for payment of overtime are contained in Hours of Duty clause.]

15.—Saturday Work. A. Railway Employees [Saturday Work provisions contained in Overtime Clause] B. Railway Officers

(1) All time worked on Saturdays shall be paid at the rate of time and a half provided that payment to officers in receipt of the salary of a level 5 officer for any time in excess of the ordinary weeks' work shall be subject to the provisions of Clause 27.-Overtime, subclause (6).

[Railway Officers' Award Clause 24] C. Locomotive Enginemen [Saturday Work provisions contained in Hours of Duty clause]

16.—Sunday Work. A. Railway Employees [Sunday Work provisions contained in Overtime clause] B. Railway Officers

(1) Officers when called upon for Sunday duty shall, if the work is of such a nature that it cannot be carried out within the usual working hours of duty, be paid for all time worked on Sunday at the rate of double time.

(2) The following shall be the scale for calculating Sunday time:— (a) Less than a quarter of an hour worked in

continuance of a shift beginning on a Saturday or in commencement of a shift terminating on a Monday—nil.

(b) Any officer brought on duty on Sunday shall be paid a minimum of four hours' pay at the rate applicable to the day: provided that this shall not apply in the case of a shift starting on Sunday and continuing into Monday.

(c) If an officer works a broken shift on Sunday, a minimum of four hours' pay at the rate applicable to the day shall be paid for each section. No broken shift shall consist of more than two parts.

(d) Where the break of shift is less than four hours, continuous time shall be paid for provided that one hour for any meal may be booked off without pay at an appropriate time.

(3) No break of shift shall be allowed between the hours of 12 midnight and 0700 hours or 2100 hours and midnight.

(4) The meal hours as prescribed in Clause 23.— Hours of Duty, subclause (12) shall apply as regards Sunday duty.

(5) When an officer is called upon to take charge of a station on a Sunday, such officer shall be paid for such Sunday duty at a rate not less than the minimum prescribed for the Assistant Station Master or Night Station Master at the particular station.

[Railway Officers' Award Clause 25] C. Locomotive Enginemen [Sunday Work provisions contained in Hours of Duty clause]

17.—Shift Work. A. Railway Employees

(1) Workers in the Traffic Section shall be paid shift work allowances as indicated; (a) On an afternoon shift which commences

before 1800 hours and the ordinary time of which concludes at or after 1830 hours adults and juniors receiving the adult rate will be paid an allowance of $1.53 an hour on all time paid at ordinary rate.

(b) On a night shift which commences at or between 1800 hours and 0359 hours adults and juniors receiving the adult rate will be paid an allowance of $1.79 an hour on all time paid at ordinary rate.

(c) On an early morning shift which commences at or between 0400 hours and 0530 hours adults and juniors receiving the adult rate will be paid an allowance of $1.53 an hour for all time paid at ordinary rate.

(d) In addition to the hourly shift work allowance adults and juniors receiving the adult rate will be paid an allowance of $1.79 for any shift where the ordinary time commences or

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(d) In addition to the hourly shift work allowance officers receiving the adult rate will be paid an allowance of $1.84 for any shift where the ordinary time commences or finishes at or between 0101 hours and 0359 hours.

Milrall

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(c) Overtime on afternoon or night shift shah be calculated on the basis of & rate paid for afternoon or night shift respectively, pro-

uo-roremen iraoesme nance depots shall be p n and night shifts wo same penalty addition ions as apply to tradesm )yed in the workshops ice for any shift exceed such officer's ordinary i as shift allowance tc mechanical fitter s lause (1) of this Clause hen in receipt of allow! ibclause. s whose hours of duty i

B •nu

• «i« mi If; 111 ■ 11 in; mmm •■aiivBii

(b) For the purposes of this subclause:

"day shift" shall mean a shift commencing after 0600 hours and before 1200 hours;

"afternoon shift" shall mean a shift liVniTlmKViTiTi

lilliTl IIH.» ...91

for at the rate of time and a quarter. For the purpose of this subclause "day shift" shall be construed to mean the ordinary working shift ending at or before 1800 hours Mondays to Fridays and 1300 hours on Saturdays.

[Railway Employees Award Clause 38] B. Railway Officers

(1) An officer required to work other than day shift will be paid as follows: (a) An an afternoon shift which commences

before 1800 hours and the ordinary time of

ing at or after 1800 hours and before 0601 hours.

[Railway Officers' Award Clause 51]

C. Locomotive Enginemen (1) On an afternoon shift which commences before

1800 hours and the ordinary time of which concludes at or after 1830 hours, adults and juniors receiving the adult rate will be paid an allowance of $1.53 an hour on all time paid at ordinary rate.

a night shift which commences at or between 1800 hours and 0359 hours adults and juniors receiving the adult rate will be paid an allowance of $1.79 an hour on all time paid at ordinary rate.

(3) On an early morning shift which commences at or - --10 h ...

he 1

on i

officers receiving the adult rate will be paid an allowance of $1.58 an hour on all time paid at ordinary rate.

(b) On a night shift which commences at or l i ann i i rrn t.


(5) Other juniors excluded from subclauses (1) to (4) will be paid half the allowance for the same time on duty.

(6) In calculating the allowances under this clause broken parts of an hour less than thirty minutes on any shift shall be disregarded and thirty minutes to fifty nine minutes paid as one hour.


18.—^Travelling Time. A. Railway Employees

(1) A worker travelling as a passenger going to work away from or returning to the worker's home station shall be paid at ordinary rates for the actual travelling or waiting time for the first eight hours, and thereafter at half the ordinary rates in any one period of 24 horns.

(2) Any worker travelling as a passenger going out to act in a higher capacity or returning after acting in a higher capacity shall receive payment for travelling and waiting time at the minimum rate for such higher capacity.

(3) Where the waiting time exceeds four hours (and suitable accommodation is available) the worker shall be deemed to be booked off duty and shall not be entitled to payment for the time the worker is booked off.

(4) Saturday and Sunday travelling time shall be paid at the rate of time and a half on the same conditions as on week days.

(5) The hours in the case of a member of a fettling gang shall commence and end each day at the tool shed, excepting when the place of work is closer to the worker's place of residence and the worker is not required to attend at the tool shed, in which case the commencing or finishing time shall be at the place of work: Provided that, when in the opinion of the trackmaster the efficient maintenance of track necessitates a worker finishing elsewhere than herein stated, the worker shall be allowed reasonable travelling time at ordinary rate to the tool shed or to a point on the track nearest the worker's home (if not required to go to the tool shed) whichever is the closer.

(6) In respect of a worker who is provided with a sleeping berth in a passenger train, travelling time shall not count between 2200 hours and 0700 hours:Provided this shall not operate to reduce the travelling time to be paid for below four hours in any one dayrProvided further that where by virtue of the length or nature of the journey the sleeping berth is available for six hours or less, travelling time shall be paid for such period with a minimum of four hours.

(7) A worker, other than a traffic section worker, stationed in the suburban area who is required to start work at some place other than the worker's home station or depot within the suburban area shall: (a) if the time taken in travelling from the usual

place of residence to the temporary work place and return exceeds the time normally taken in travelling from the usual place of residence to the home station or depot and return, be paid for such excess travelling time at ordinary rates, calculated on the basis of the mode of transport used on the day concerned.

(b) if the fares actually and reasonably incurred in such travelling exceed the fares normally paid by the employee in travelling from the usual place of residence and return, the employee will be reimbursed the amount by which such fares exceed those usually paid for travelling to and from the home station

or depot; provided that if suburban rail travel is used to travel to the temporary workplace, free rail travel shall be allowed.

(c) subject to the prior approval of the Head of Branch, where a worker uses the worker's own means of transport and the distance the worker is required to travel from the usual place of residence to the station or depot where the worker is temporarily working is greater than the distance the worker is required to travel from the usual place of residence to the station or depot where the worker is usually stationed will be paid 29.60 per kilometre for any additional distance travelled.

(d) if a worker of the Civil Engineering Branch required to attend the depot and is transported to and from the work site by departmental vehicle, travel both ways between the depot and the work site shall be in the employer's time.

(8) Subject to subclause (4) hereof, a worker who travels as a passenger fiom the worker's home station to another station or vice versa and is then booked off duty, and has not been on duty prior to travelling, shall be paid travelling time at ordinary rates with a minimum of two hours from the time of booking on to the time of booking off duty: Provided that unless the time occupied in travelling amounts to four hours or more it will not be counted as a shift for the purpose of clause 37.—Week's Work, Traffic Section of this award.

[Railway Employees' Award Clause 27] B. Railway Officer

(1) (a) Officers other than those in receipt of the salary of a level 5 officer will be credited with ordinary time when travelling on duty for the first eight hours and at half time thereafter to a maximum of eight hours in any one day. Saturday and Sunday travelling time shall be paid for at the rate of time and a half.

(b) Officers in receipt of the salary of a level 5 officer shall be credited with travelling time as provided in paragraph (a) of this subclause where such travel is undertaken at the direction of the Head of Branch or other duly authorised officer and does not include time spent in travelling to and from a temporary location at the beginning and end of a period of relief or because of a permanent transfer.

(2) (a) Any officer stationed in the suburban area who has to take up duty temporarily in such area shall be:

(i) credited with any time occupied in travelling to and from the officer's place of temporary employment in excess of that usually occupied in travelling between the officer's home and regular place of employment calculated on the basis of the male of transport used on the day concerned.

(ii) reimbursed the cost of public transport actually and reasonably incurred in excess of any fares usually paid for travel between the officer's home and regular place of employment; provided that where rail travel is used to travel to the temporary workplace, free rail travel shall be allowed.

(iii) reimbursed the cost incurred in the use of the officer's private motor vehicle in accordance with the rates prescribed in the Public Service Motor Vehicle Al- lowances Consolidated Award 1986; provided that —


TWÎWIITSkiik ! i (11 111 c* »?a- n HI i dlf?fBlK»2llVll *

mmnm liiTS

mm

jh (a)(m) of f the Head o officer is sat ate to meet

stationed in ile entitleme k shall be i i of these pr

ite as to tli shall be ref

m

and providers. (c) Where it is agreed a training committee be


(ii) Any costs associated with enrolment and the purchase of prescribed textbooks (excluding those textbooks which are available in the employer's technical library) incurred in connection with undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Pro- vided that reimbursement shall also be on an annual basis, subject to presentation of reports of satisfactory progress.

(iii) Travel costs incurred by an employee in undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.

(e) All issues of paid training leave including quantum and training committees shall be reviewed between the parties after 12 months operation. The Union(s) reserve the right to press for mandatory prescription of a minimum number of training hours per annum, without loss of pay, for an employee undertaking training to meet the needs of Wes trail and the rail, metal, engineering and building industry.

(0 Where necessary the employer will retrain the existing workforce as changes occur. No employee will be forced to retrain.

[Railway Employees' Award Clause 2B subclause (6)] B. Railway Officers

(a) The parties to this award recognise that in order to increase the efficiency and productivity of the enterprise and to ensure mobility within the industry generally, a commitment to training and skill development is needed, but so as not to promote deskilling. Accordingly, the parties commit themselves to:

(i) developing a more highly skilled and flexible workforce;

(ii) providing employees with career opportunities through appropriate training to acquire additional skills; and

(iii) removing barriers to the utilisation of skills acquired.

(b) Following proper consultation in accordance with subclause (2) of clause 15, or through the establishment of a Training Committee, the Commission shall develop a training programme consistent with:

(i) the current and future skill needs of the Enterprise;

(ii) the size, structure and nature of the operations of the Enterprise;

(iii) the need to develop vocational skills relevant to the Enterprise and the rail industry through courses conducted by accredited educational institutions and providers;

(c) Where it is agreed a Training Committee be established, that Committee should be constituted by equal numbers of employer and employee representatives, unless otherwise agreed between the parties, and have a charter which clearly states its role and responsibilities that includes:

(i) Assess training programmes at the enterprise level within die terms of the restructured award.The assessment shall be in relation to both on the job and off the job training.

(ii) Assess qualifications of employees, where necessary with the due assistance of local, state and national training/education authorities;

(iii) Assess applications of employe® for training programmes with due regard to a set of

negotiated criteria so that training is provided equitably to employees.

(d) (i) Where, as a result of consultation in accor-

dance with subclause (2) of clause 15, or through a training committee and with the employee concerned, it is agreed that additional training in accordance with the programme developed pursuant to paragraph (b) of this subclause herein should be undertaken by an employee, that training may be undertaken either on or off the job. Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay.The Commission shall not unreasonably withhold such paid training leave.

(ii) Any cost associated with enrolment and the purchase of prescribed text books (excluding those text books which are available in the Commission's technical library) incurred in connection with the undertaking of training shall be reimbursed by the Commission upon production of evidence of such expenditure. Provided that reimbursement shall also be on an annual basis, subject to presentation of reports of satisfactory progress.

(iii) Travel cost incurred by an employee in undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the Commission.

(e) All issues of paid training leave, including quantum and Training Committees, shall be reviewed between the parties after 12 months operation. The Union reserve the right to press for mandatory prescription of a minimum number of training hours per annum, without loss of pay, for and employee undertaking training to meet the needs of the Enterprise.

(f) Where necessary the Commission will retrain the existing workforce as changes occur. No employee will be forced to retrain.

[Railway Officers' Award Clause 15 subclause (4)] C. Locomotive Enginemen [No equivalent provision in Locomotive Enginemen's Award]

20.—Workplace Mexibiltiy. A. Railway Employees

(1) Without limiting the rights of either an employer or a union to arbitration, any other measure designed to increase flexibility at the workplace and sought by any party shall be notified to the Industrial Relations Commission and, by agreement of the parties involved, shall be implemented subject to the following requirements:— (a) the changes sought shall not affect provisions

reflecting national standards; (b) the majority of employees affected by

changes at the workplace must genuinely agree to such changes;

(c) employees shall not lose any income as a result of changes;

(d) the relevant union or unions must be party to the agreement;

(e) the Unions and Westrail shall not unreasonably oppose any agreement;

(f) any agreement shall be subject to approval by the Western Australian Industrial Relations Commission and, if approved, shall operate as a (Schedule) to this award and take precedence over other provisions of this award to the extent of any inconsistency.

E AUSTRALIAN INDUSTRIAL GAZETTE

B S

carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

(c) Any direction issued by an employer pursuant to paragraphs (a) and (b) of this subclause shall be consistent with the employer's responsibilities to provide a safe and healthy working environment

[Railway Employees Award Clause 2B subclauses (4) and (5)1

B. Railway Officers

(1) Measures, aimed at increasing flexibility at the Work Place level and sought by either party shall be notified to the Industrial Relations Commis- sion. By agreement of the parties involved these changes shall be negotiated and implemented subject to the following requirements.

(a) The majority of employees affected by the change at the workplace must genuinely agree to the change;

(b) No employee shall lose any income for ordinary hours of work as a result of the change;

(c) The Union must be a party to all agreements;

consistent with the Commission's responsi- UiiiU-wa ixj a aaiv cuita liwaiuij environment

[Railway Officers' Award Clause 15 subclause (2) paragraph (b) and subclause (3)]

C. Locomotive Enginemen

(1) (a) Without limiting the right of either the employer or union to arbitration, any agreement (not being an enterprise bargaining agreement for the purpose of the Enterprise Bargaining Principle) agreed to by the parties through the structural efficiency process, to increase efficiency and productivity at the enterprise level, shall be subject to ratification by the Western Australian Industrial Relations Commission.

(b) Any disputed areas in the agreement may be subject to conciliation and/or arbitration. If the agreement is approved, the agreement shall operate as a Schedule to this award and take precedence over other provisions of this award to the extent of any inconsistency.

(2) Where new work arrangements have been established in accordance with the processes outlined in this clause, the employer may direct a worker to carry out such duties as are within the limits of the worker's skill, competence and training.

[Locomotive Enginemen's Award Clause 2B subclauses (2) and (3)]

Appendix J—Page 1

ENTERPRISE BARGAINING WAGE INCREASE

The following wage increases shall be payable during the term of this agreement in addition to the rates prescribed in the relevant award:

Railway Employees Award

Clause 44

(d) Neither management nor the union, where the majority of Union members agree to the proposal change(s), shall unreasonably oppose any agreement.

(e) Any agreement must be in writing and it shall specify the Work Areas and employees affected, the terms of the agreement, the period of operation and the method of termination of the agreement prior to expiration.

(f) Any agreement shall be submitted to the W.A. Industrial Relations Commission for approval and the incorporation of its terms into this Award.Where such incorporation occurs in the form of a schedule to the Award, it is the intention of the parties that its terms be paramount to any provisions within the Award that are inconsistent therewith.

First Second Instalment Instalment $ per week $ per week

Level 10 17.70 18.20 Level 9 17.00 17.50 Level 8 16.40 16.80 Level 7 15.00 15.50 Level 6 14.40 14.80 Level 5 13.70 14.10 Level 4 13.10 13.50 Level 3A 12.70 13.10 Level 3 12.20 12.60 Level 2 11.60 12.00 Level 1 11.00 11.30

(2) (b) Experience Allowance:

First Instalment 10 cents per week 10 cents per week

20 cents per week 20 cents per week

After 12 months' service with the employer After 24 months' service with the employer

(g) Nothing in this subclause shall prevent the Commission or the Union from having any matter arising from this subclause referred to the Industrial Relations Commission for the purposes of conciliation and/or arbitration.

(2) (a) The Commission may direct an employee to carry out such tasks and functions as are within the limits of the employee's skills, competence and training provided that such directions and duties are not designed to promote deskilling.

(b) This subclause shall not be used to limit the application and provisions of Clause 55.— Acting in Higher Capacity.

(c) The Commission may direct an employee to carry-out such tasks and functions and use

Ei WESTERN AUSTRALIAN INDUSTRIAL GAZETTE

16 yeara o f ag e 68.48% 17 years o fag e 76.95% 18 years o f aR e 86.8% 19 years o fag e 94.25% 20 years of age 95.63% Thereafte r tii 1 adult rat

(i) over 9 tonnes ca- (ii) Classifled Officers

14.20 14.70 1st] 2nd 3id 4th 5th 14.40 14.80

14.00 11.50 30936

14.40 11.80

0.31864

Lew 1st] 2nd 3K1 4th 5th etonte

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.LG.

Level 5 1st Increment 2nd Increment 3rd Increment

First In- Second In- stalment stalment

! per annum $ per annum

1160 1195 1110 1233 1241 1279 1284 1323

First In- Second In-

Clause 67. Tfemporary Clerks (4)

First six months Thereafter


i per annum $ per annum 642 661 658 671

Clause 68. Railway Construction etc.. Work

12(b)

(i) First Clerk with one or more clerks and time- keepers

(ii) First Clerk with one or more clerks and time- keepers if required to act as Pay Master

(hi) First Clerk without assistance

(iv) Traffic Clerk (v) Timekeeper and Assis-

tant Clerk (vi) Storekeeper

Locomotive Enginemen's Award Clause 14 Item Designation


$ per annum $ per annum

Trainee Engineman and Lo- comotive Trainee (unquali-

fied) (a) (i) Under 18 years

(ii) 18 years and under 19 years

(iii) 19 years and under 20 years

(iv) 20 years and under 21 years

(b) 21 years and over: (i) 1st year of adult



(c) Qualified to act as fireman or driver's assistant: (i) 1st year of adult



(d) Locomotive Trainee (qualified) and when act-

ing as a fireman or driver's assistant: (i) 1st year of adult



First In- Second stalment In-

$ Per stalment Week $ Per

Week

6.80 7.00 7.90 8.10

10.10 10.40

11.30 11.60

11.50 11.80

11.70 12.00

11.60 11.90

11.80 12.10

12.00 12.30

11.70 12.10

11.90 12.30

12.10 12.50

Fireman or IMver's Assistant and Locomotive Trainee (appointed): (a) First Year

(i) Less than 1 year adult service

(ii) Over 1 year adult service but less than 2 years




service (c) Third year Fireman or Driver's Assistant Qualified in Driver's Duties ami Driver's Assistant (qualified): (a) (i) 1st year

(ii) 2nd year (iii) 3rd year and There-

after (b) When acting as a driver Shunting Fireman: A fireman or driver's assistant who at the worker's own request or for health or disciplinary reasons is regressed to the grade of shunting fireman and is employed full-time on shunting duties, shall be paid as follows:

(a) First year (i) Less than 1 year

adult service (ii) Over 1 year adult

service, but less than 2 years




service (c) Third year ami thereafter (a) Engine drivers (including

diesel railcar driver and diesel locomotive driver) (i) 1st year (ii) Thereafter (iii) Special Class

(b) Driver (so classified) not in receipt of the rate prescribed in (a)(iii) heiwf, who, in any week for the most part of the rostered week's work, drives a passenger train or freight train tabled at passenger speed 105 kilometres or more in one direction

Shunting Driven (a) First year (b) Second year and thereaf-

ter Permanent Cleaner (a) First year of adult serv-

ice (b) Second year of adult

service (c) Thereafter

12.00 12.40

12.20 12.60

12.40 12.80

12.50 12.90

12.80 13.10

13.10 13.40

13.70 14.10 14.30 14.70 14.70 15.10

15.20 15.60

11.70 12.0)

11.90 12.20

12.10 12.40

12.00 12.30

12.20 12.50

12.30 12.70

15.40 15.80 15.50 16.00 15.70 16.10 15.70 16.10

13.30 13.70 14.10 14.50

11.50 11.90

11.90 12.20

12.10 12.40


Designation Fust In- Second stalment In-


Week

Designation First In- Second stalment In-


Level 1 Unto 17 years 17 years 18 years 19 years 20 years

21 years or 1st Service

22 years or 2nd Service

23 years or 3rd Service

24 years or 4th Service





29 years or 9th Service Level 2 1st Increment 2nd Increment 3rd Increment 4th Increment 5th Increment

Level 7 1st Increment 2nd Increment 3rd Increment Level 8 1st Increment 2nd Increment 3rd Increment Level 9 1st Increment 2nd Increment 3rd Increment Class 1 Class 2 Class 3 Class 4

313 366 427 494 555 610

323 377 440 509 572 628

1582 1629 1637 1686 1697 1748

year Adult

year Adult 629 648

year Adult 649 668

year Adult 688

year Mult 709

year Mult 707 729

AWU Construction, Maintenance and Services (WA Gov- ernment) Award:

year Mult 730 752

year Mult 768 746 Notwithstanding the rates of pay specified m the above award the following rates of pay and Enterprise Bargaining Wage Increases shall apply to workers covered by this Agreement and employed in the following classifications:

, Entaprise Bargaining Rate of Pay $ par week %ige Increase Chi en- After 1 After 2 Rrsf In- Second

gagemsnt year of yem of itaimeflt In- ssrvics service $ per stalment

year Adult 768 792

796 817 839 863 887

820 842 864 889 914


921 947 974

1002

976 1003 1032

Level 4 1st Increment 2nd Increment 3rd Increment Level 5 1st Increment 2nd Increment 3rd Increment 4th Increment

1040 1070 1101

1071 1102 1134

1160 1110 1241 1284

1195 1233 1279 1323

10 12.60 13.00

Level 6 1st Increment 2nd Increment 3rd Increment 4th Increment Level 7 1st Increment 2nd Increment 3rd Increment

354 401 450 502

1394 1443 1493 1547

8.10 421 70 12.70 13.00 8.70 422 60 12.70 13.10

11 to miss (7) Driver of Foridifi

(a) Up to and including 4500kg (b) Over 4500kg

(8) Operator: Mechanical Equipmsnt (a) Group 1 (b) Group 2 (c) Group 3 (d) Group 4 (e) Group 5 (f) Group 6

(9) Head Cook (10) Assistant Cook (11) Cook's Offsider (12) Mobile Cnme Driver

(t) Up to 8 tonnes

40550 409.10 412.70 12.40 12.80 414.30 417.90 421.50 12.60 13.00 582

637 697

1629 1686 1748 382.90 386.40 390.20 11.70 12.10

388.20 391.70 395.40 11.90 12.20 396.30 399.80 403.40 12.10 12J0 404.90 408.60 412.30 12.40 12.70 426.10 431.20 435.50 13.10 13.50 432.80 438.10 442.30 13.30 13.70 448.70 452.50 456.30 13.70 14.10 435.70 439.40 443.00 13JO 13.70 428.90 432.30 435.90 13.10 13.50

Level 8 1st Increment 2nd Increment 3rd Increment

795 865 952

1849 1921 2010

Level 9 1st Increment 2nd Increment 3rd Increment Class 1 Class 2 Class 3 Class 4

2060 2133 2217 2343 2469 2595 2722

2122 2197 2283 2413 2453 2673 2803

OKseding 15 tonnes Industry Allowance

An industry allowance of $15.20 per week shall be payable to workers employed in the above classifications.

Railway Salaried Officers Award


1354 1394 1401 1443 1450 1493 1502 1547

3: WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.]



Western Australian Government Railways Commission and

West Australian Railways Officers' Union. No. RCG AG 1 of 1993.

Westrail Enterprise Bargaining Agreement 1992. No. RGB AG 1 of 1992.

RAILWAY RECLASSIFICATION BOARD COMMISSIONER G. L. FIELDING, CHAIRMAN

MR D. MUNYARD, MEMBER MR P. BOTHWELL, MEMBER.


HAVING heard Mr D.F. Johnston on behalf of the Applicant mid Mr G.F. Whiteaker on behalf of the Respondent, ami by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders—

That the Enterprise Bargaining Agreement—Re- newal Agreement, made between the parties on or about the 22nd day of December, 1993, and the subject of the application as amended, be registered as an industrial agreement under the Industrial Relations Act, 1979.

G.L. FIELDING, Commissioner.

Enterprise Bargaining Agreement. Renewal Agreement.

Each party to the Westrail Enterprise Bargaining Agree- ment 1992 certified on January 14 1993 by the Railways Classification Board in matter RGB AG 1 of 1992 hereby agrees to renew that Agreement until the thirteenth day of September 1994.

Signed for and on behalf of the Western Australian Government Railways Commission by:

J. I. GILL, Commissioner. DON CLARKE, Secretary.

Date: 22 December 1993.

Signed for and on behalf of the West Australian Railway Officers' Union by:

GRANT WHITEAKER. Date: 17 December 1993.

NOTICES— Union matters—

NOTICE OF REGISTRATION AS AN ORGANIZATION FORMED BY AMALGAMATION

I hereby certify that the organizations formerly registered under the names

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

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

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

have this day been duly registered under the Industrial Relations Act 1979, as one organization by the name

"The Western Australian Builders' Labourers, Painters and Plasterers Union of Workers"

organizations, namely (1) The Australian Builders' Labourers' Federated

Union of Workers—Western Australian Branch; (2) The Operative Painters' and Decorators' Union of

Australia, West Australian Branch, Union of Workers;

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

are this day cancelled. Given under my hand this 14th day of November, 1994.

T. J. POPE, Deputy Registrar.

Western Australian Industrial Relations Commission

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