WA GOVERNMENT HEALTH SERVICES ENGINEERING AND BUILDING SERVICES AWARD 2004 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Electrical Trades Union WA APPLICANT -v- Child and Adolescent Health Service and others RESPONDENTS CORAM Senior Commissioner R Cosentino DATE MONDay, 11 SEPTEMBER 2023 FILE NO/S APPL 62 OF 2023 CITATION NO. 2023 WAIRC 00744 Result Award Varied Representation (on the papers) Applicant Electrical Trades Union WA First to Seventh Respondents Department of Health Eighth Respondent Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers Western Australian Branch Ninth Respondent The Plumbers and Gasfitters Employees Union of Australia West Australian Branch Industrial Union of Workers Tenth Respondent Construction, Forestry, Mining and Energy Union of Workers Order WHEREAS this is an application filed by the Electrical Trades Union WA (ETU) on 11 August 2023 to vary the WA Government Health Services Engineering and Building Services Award 2004 (Award) pursuant to s 40 of the Industrial Relations Act 1979 (WA) (IR Act); AND WHEREAS Schedule C of the application set out the grounds upon which it is made, indicating the application is made to increase the allowances in the Award by the percentage increase ordered in the 2023 State Wage case ([2023] WAIRC 00337; (2023) 103 WAIG 748), that is an increase of 5.3% and by relevant CPI rates from June 2022 to June 2023; AND WHEREAS the Health Service Provider respondents proposed further variations to Appendix A of the application which the ETU agreed to; AND WHEREAS the variations proposed were otherwise consented to by the Health Service Provider respondents to the Award, and were not opposed by any other respondent; AND WHEREAS the parties consented to the application being determined on the papers; AND BEING satisfied that: (a) The variations proposed do not affect any substantive change to the scope of the Award or its area of operation; (b) The variations are by consent; and (c) The requirements for varying the Award are met; NOW THEREFORE, the Commission, pursuant to the powers conferred under the IR Act, hereby orders – THAT the WA Government Health Services Engineering and Building Services Award 2004 be varied in accordance with the attached Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after the date of this order. Senior Commissioner R Cosentino SCHEDULE 1. Clause 19. – Leading Hand Allowance: Delete subclause (1) of this Clause and insert in lieu thereof the following: (1) An employee placed in charge of 3 or more other employees shall, in addition to the employee’s ordinary salary, be paid – (a) : $57.50 per week; (b) : $77.10 per week; (c) : $96.30 per week. 2. Clause 23. – Special Rates and Provisions: A. Delete subclause (1) of this Clause and insert in lieu thereof the following: (1) Disability Allowances (a) Except as otherwise provided in this clause, the annual base salaries prescribed in this Award incorporate a commuted allowance which is in full substitution for all disability allowances and other special rates and provisions which are contained in any of the awards named in Clause 1. – Title, as at the date of registration of this Award. (b) Polychlorinated Biphenyls: Employees required to remove or handle equipment or fittings containing polychlorinated biphenyls (PCBs), for which protective clothing must be worn, shall be paid an allowance of $2.89 for each hour or part thereof whilst so engaged. (c) Asbestos: (i) Employees required to use materials containing asbestos or to work in close proximity to employees using such materials shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority. (ii) Employees engaged in a work process involving asbestos who are required to wear protective equipment, ie. respiratory protection in the form of a high efficiency class H particulate respirator and/or special clothing, shall be paid an allowance of $0.96 per hour for each hour or part thereof whilst so engaged. (d) Furnace Work Employees engaged in the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles, steam generators, heat exchangers and similar refractory work or on underpinning shall be paid $2.11 per hour or part thereof whilst so engaged. (e) Construction Allowance (i) In addition to the appropriate rate of pay prescribed in Appendix A. – Salaries of this Award, an employee shall be paid – (aa) $63.50 per week if engaged on the construction of a large industrial undertaking or any large civil engineering project; (bb) $57.40 per week if engaged on a multi-storey building but only until the exterior walls have been erected, the windows completed and a lift made available to carry the employee between the ground floor and the floor upon which he/she is required to work. A “multi-storey building” is a building which, when completed, shall consist of at least five stories. (cc) $33.60 per week if engaged otherwise on Construction Work. (ii) The rates specified in paragraph (1)(e)(i) shall be discounted by $26.10 per week, the amount of the commuted allowance granted under paragraph (1)(a) of this subclause. (f) Asbestos Eradication (i) This subclause shall apply to employees engaged in the process of asbestos eradication on the performance of work within the scope of this Award. (ii) For the purposes of this clause “asbestos eradication” means work on or about buildings, involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos. (iii) All aspects of asbestos work shall meet as a minimum standard the provisions of the National Health and Medical Research Council codes, as varied from time to time, for the safe demolition/removal of asbestos based materials. Without limiting the effect of the above provision, any person who carried out asbestos eradication work shall do so in accordance with the legislation/regulations prescribed by the appropriate authorities. (iv) An employee engaged in asbestos eradication (as defined) shall receive an allowance of $2.10 per hour worked in lieu of rates prescribed in paragraph (1)(c) of Clause 23. – Special Rates and Provisions. (v) Respiratory protective equipment, conforming to the relevant parts of the appropriate Australian Standard (i.e. 1716 “Specification of Respiratory Protective Devices”) shall be worn by all personnel during work involving eradication of asbestos. (g) Where more than one of the disabilities entitling an employee to extra rates exists on the same job the employee shall be paid only the highest rate for the disabilities so prevailing. B. Delete paragraphs (b), (d), (e) and (f) of subclause (3) of this Clause and insert in lieu thereof the following: (b) Permit Work Any licensed plumber called upon by the Employer to use the licence issued to him/her by the Metropolitan Water Supply, Sewerage and Drainage Board for a period in any one week shall be paid $25.00 for that week in addition to the rates otherwise prescribed. (d) Scaffolding Certificate Allowance A tradesperson who is the holder of a scaffolding certificate or rigging certificate issued by an accredited training provider and is required to act on that certificate whilst engaged on work requiring a certified person shall be paid $0.77 per hour or part thereof, in addition to the rates otherwise prescribed in this Award. (e) Nominee Allowance A licensed electrical fitter or mechanic who acts as nominee for the Employer shall be paid an allowance of $25.00 per week. (f) Setter Out A setter out (other than a leading hand) in a joiner’s shop shall be paid $7.40 per day in addition to the rates otherwise prescribed. 3. Clause 25. – Overtime: Delete paragraph (a) of subclause (7) of this Clause and insert in lieu thereof the following: (a) An employee required to work 2 hours or more overtime continuous with their rostered hours, which necessitates taking a meal break, shall be paid a meal allowance of $16.75 for each meal so required or may be provided with a meal ticket. Provided that this subclause shall not apply to an employee notified on the previous day of the previous day of the requirement to work such overtime. 4. Appendix A. – Salaries: Delete subclause (1) of this Appendix and insert in lieu thereof the following: (1) Rates of Pay Subject to this Appendix, employees shall be paid the rates of pay specified in the following table in accordance with the level to which they are from time to time classified. Salary Carpenter : 59,156 60,609 62,035 63,341 63,578 65,041 Painter : 57,617 59,064 60,491 61,802 61,893 63,486 Plasterer : 58,791 60,233 61,670 62,981 63,218 64,660 Plumber : 60,638 62,085 63,511 64,833 65,070 66,517 Other Building employees not elsewhere classified : 51,012 52,088 53,531 54,884 57,190 Mechanical Fitter, Motor Mechanic, Refrigeration Fitter & other Engineering trades employees not elsewhere classified : 51,200 52,286 53,750 55,119 58,431 59,892 61,332 62,667 64,519 65,734 Electrical Fitter/Mechanic : 59,965 61,431 62,881 64,206 65,907 67,268