REVIEW OF METAL TRADES (GENERAL) AWARD SCOPE CLAUSE PURSUANT TO S 37D OF THE INDUSTRIAL RELATIONS ACT 1979 (WA) WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION COMMISSION IN COURT SESSION PARTIES Commission's Own Motion APPLICANT -v- (Not applicable) RESPONDENT CORAM COMMISSION IN COURT SESSION Chief Commissioner S J Kenner Senior Commissioner R Cosentino Commissioner T Emmanuel DATE TUESDay, 21 November 2023 FILE NO/S CICS 15 OF 2022 CITATION NO. 2023 WAIRC 00911 Result Award varied Representation Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations Mr G McLaren on behalf of the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers - Western Australian Branch Order HAVING heard from Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations and Mr G McLaren on behalf of the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers - Western Australian Branch, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby orders – THAT the Metal Trades (General) Award be varied in accordance with the attached Schedule and that the variations in the attached Schedule shall have effect from the date of this order. By the Commission in Court Session CHIEF COMMISSIONER S J KENNER SCHEDULE 1. Delete the following text in Clause 1.2: 19. Industries 2. Insert the following text under ‘Appendix 4 - Architectural Aluminium Fabrication Classification’ in Clause 1.2: Appendix 5 - Old List Of Industries 3. Delete Clause 1.3 in its entirety and insert in lieu thereof: 1.3 - AREA AND SCOPE 1.3.1 (a) This Award applies to employers in the “metal trades and associated industries and occupations” and to all employees employed by those employers in any classification mentioned in Clause 4.8 - Wages and Supplementary Payments of PART 1 - GENERAL or Clause 13. - Wages of PART 2 - CONSTRUCTION WORK of this Award. (b) For the avoidance of doubt, this Award also continues to apply to all employers and employees who were previously bound by the Award prior to CICS 15 of 2022. Note: A list of the industries the Award previously applied to prior to CICS 15 of 2022 is included at Appendix 5. 1.3.2 This Award also applies to: (a) employers that supply labour on an on-hire basis to host employers in the “metal trades and associated industries and occupations” in respect of on-hire employees employed in the classifications mentioned in this Award, and those on-hire employees, while engaged in the performance of work covered by this Award; and (b) employers that provide group training services for apprentices and/or trainees in the “metal trades and associated industries and occupations” in respect of apprentices and/or trainees employed in one or more of the classifications mentioned in this Award, and those apprentices and/or trainees, while engaged by a host employer in the performance of work covered by this Award. Exclusion to scope clause 1.3.3 This Award does not apply to: (a) employees who are on-hired to electrical contracting businesses or to employers who are engaged in the electrical contracting industry as defined under the terms of the Electrical Contracting Industry Award R 22 of 1978. (b) employers and employees who are subject to the national industrial relations system. 4. Insert the following text as a new definition in subclause 1.6.1 of Clause 1.6: “Metal trades and associated industries and occupations” means the metal working and engineering and fabricating industries, including any of the following: (1) mechanical and electrical engineering. (2) smithing, welding, metal moulding, metal machining, metal pressing and stamping, boilermaking, diecasting, galvanising, tinning, steel pickling and plastic moulding. (3) casting or fabricating in synthetic resins, or similar materials and including the production of synthetic resins, powders, tablets, etc, as used in such processes. (4) tool, die, gauge and mould making. (5) porcelain enamelling, and the manufacture of porcelain enamels, oxides, glazes and similar materials. (6) electroplateware manufacturing and electroplating of all types. (7) japanning, enamelling, painting etc, of metallic articles. (8) drawing and insulation of wire for the conducting of electricity. (9) generation and distribution of electric energy. (10) production by mechanical means of industrial gases. (11) making, assembling, repairing and maintenance of vehicles and metal motor body parts. (12) making, repairing, reconditioning and maintenance of motor engines, and/or parts thereof, and of the mechanical and electrical parts including the transmission and chassis of motor cars, motor cycles and other motor driven vehicles. (13) selling, handling, retreading, storing, distributing, fitting, and/or repairing of tyres made of any material. (14) hand and machine engraving. (15) installation of all classes and types of electrical wiring equipment and plant, and the repair and maintenance thereof. (16) manufacture of ceramic articles for use in the metal trades industries. (17) the manufacture, making, construction, assembling, erection, reconditioning, installation, maintenance, testing and/or repair of: (a) agricultural implements. (b) badges and name-plates (including chemical engraving). (c) bicycles. (d) bolts, nuts, screws, rivets, washers and similar articles. (e) bridges and girders. (f) bright steel bars, rods, shafting, etc. (g) electrical advertising equipment (including neon signs). (h) electrical machinery, apparatus and appliances (including valve and globe manufacturing). (i) fluorescent lighting. (j) insulation materials and articles. (k) lifts and elevators. (l) metal furniture. (m) perambulators. (n) radios, telephones and X-ray machines. (o) recording, measuring and controlling devices for electricity, fluids, gases, heat, temperature, pressure, time, etc. (p) refrigerators, stoves and ovens. (q) safe and strong-rooms. (r) scales and machines for measuring mass and equipment. (s) ships and boats. (t) ventilating and air-conditioning plant and equipment. (u) watches and clocks, including cases. (v) water fittings. (w) wet and dry batteries. (x) window frames. (18) The manufacture, making, assembly, processing, treatment, fabrication and preparation of all products made from, or containing, steel, iron, metal, sheet metal, tin, brass, copper and non-ferrous metal. (19) Making, manufacture, treatment, installation, maintenance, repair and reconditioning of any articles, part or component, whether of metal and/or other material in any of the above industries. (20) Making, manufacture, installation, construction, maintenance, repair and reconditioning of plant, equipment, buildings and services (including power supply) in establishments connected with the industries and work described in this clause and maintenance work generally. (21) Every operation, process, duty and function carried on or performed in or in connection with or incidental to any of the above industries. 5. Delete subclause 4.9.1 of Clause 4.9 and insert in lieu thereof: 4.9.1 Scope: (1) This clause shall apply to persons: (a) who are undertaking a Traineeship (as defined); and (b) who are employed in the “metal trades and associated industries and occupations” and in a classification covered by this Award. 6. Delete Clause 19 in its entirety. 7. Insert a new appendix after ‘Appendix 4 - Architectural Aluminium Fabrication Classification’ as follows: APPENDIX 5 - OLD LIST OF INDUSTRIES