WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES DEPARTMENT OF CONSUMER AND EMPLOYMENT PROTECTION APPLICANT -v- BUILDING TRADES ASSOCIATION OF UNIONS OF WESTERN AUSTRALIA (ASSOCIATION OF WORKERS), THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS, THE PLUMBERS AND GASFITTERS EMPLOYEES' UNION OF AUSTRALIA, WEST AUSTRALIAN BRANCH, INDUSTRIAL UNIONOF WORKERS RESPONDENTS CORAM SENIOR COMMISSIONER J F GREGOR DATE FRIDAY, 5 MAY 2006 FILE NO APPL 823 OF 2005 CITATION NO. 2006 WAIRC 04304 Result Award varied Order HAVING heard Mr R. Heaperman who appeared on behalf of the Applicant and Ms K. Bowe who appeared 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 Building Trades (Government) Award 1968 be varied in accordance with the following Schedule and that such variation shall have effect commencing from the first pay period on or after 5th May 2006. (Sgd.) J F GREGOR, [L.S.] Senior Commissioner. SCHEDULE 1. Delete Clauses 1 – 42 inclusive of this Award and insert in lieu the following: 1. AWARD STRUCTURE 1.1 TITLE This award shall be known as the Building Trades (Government) Award 1968 and it shall replace Award No. 25 of 1958 as amended. 1.2 - ARRANGEMENT 1. Award Structure 1.1 Title 1.2 Arrangement 1.3 Area and Scope 1.4 Term 1.5 Definitions 2. Contract of Employment 2.1 Contract of Service 2.2 Types of Employment 2.3 Employment Records 2.4 Right of Entry 2.5 Seniority 3. Hours of Work 3.1 Hours 3.2 Rest Period 3.3 Shift Work 3.4 Overtime 4. Wages 4.1 Minimum Adult Award Wage 4.2 Wages 4.3 Payment of Wages 4.4 Leading Hands 4.5 Special Rates and Provisions 86 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1025 4.6 Fares and Travelling Time (Other than Distant Work) 4.7 Fares and Travelling - Plumbers 4.8 Supported Wage System 4.9 Meal Money 5. Allowances and Facilities 5.1 Apprentices 5.2 Provision of Appliances 5.3 Protection of Employees’ Tools 5.4 Change Room 5.5 Posting of Award & Union Notices 5.6 District Allowance 5.7 Traineeships 5.8 Salary Packaging 5.9 Union Facilities For Union Representatives 5.10 Prohibition of Junior Employees 5.11 Mixed Functions 6. Leave 6.1 Annual Leave 6.2 Sick Leave 6.3 Carers’ Leave 6.4 Public Holidays 6.5 Long Service Leave 6.6 Bereavement Leave 6.7 Parental Leave 6.8 Trade Union Training Leave 6.9 Leave to Attend Union Business 6.10 Cultural/Ceremonial Leave 6.11 Purchased Leave – 48/52 Wages Arrangement 6.12 Deferred Salary Leave 6.13 Study Leave 6.14 Leave Without Pay 6.15 Blood/Plasma Donors Leave 6.16 Emergency Services Leave 6.17 Defence Force Reserves Leave 6.18 Paid Leave For English Language Training 7. Consultation and Introduction of Change 8. Dispute Resolution Procedure 9. Named Parties 9.1 Employer Parties 9.2 Union Party 10. Other Laws Affecting Employment 11. Where to go for Further Information Schedule A – District Allowance Schedule B – Agency Specific Schedule For Main Road, Western Australia Schedule C – Award Restructuring 1.3 – AREA AND SCOPE 1.3.1 Subject to subclauses 1.3.2 of this clause this Award shall apply to all building trades employees classified in Clause 4.2 - Wages or Schedule C – Award Restructuring and apprentices who are employed by a public sector employing authority as defined by the Public Sector Management Act 1994. 1.3.2 This Award shall not apply to work coming within the scope of, nor to employees whose conditions of employment are regulated by any other Award in force at the date of this Award, nor to work customarily performed by employees other than those bound by this Award. 1.3.3 This Award shall operate throughout the State of Western Australia 1.4 – TERM The term of this award shall be one year from the first pay period commencing on or after 5th May 2006. 1.5 – DEFINITIONS 1.5.1 General: (a) "Union" means - (i) The Construction, Forestry, Mining and Energy Union of Workers; (ii) Building Trades Association of Unions of Western Australia (Association of Workers) (iii) The Communications, Electrical, Plumbing Union of Workers 1026 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 86 W.A.I.G. 1.5.2 Bricklaying: (a) "Bricklayer" means an employee engaged in bricklaying, firework (including kiln work), furnaces or furnace work of any description, setting cement bricks, cement blocks and cement pressed work, setting coke slabs or coke bricks or plaster partition blocks and brick cutting, or any other work which comes or which may be adjudged to come within the scope of brick work generally. (b) "Stoneworker" means a person who does all or any of the following classes of work whether hammer dressed or sawn – (i) Foundation work; (ii) building random rubble encoursed or building squared rubble in courses or regular coursed rubble and dressing quoins or shoddies in connection with any such work; but this definition shall not of itself be taken to prejudice or effect the right of any other classes of tradesmen or employees to do any class or kind of work they have hitherto been accustomed to do. 1.5.3 Builders Labouring: (a) "Builders Labourer" means an employee engaged – (i) As a scaffolder, a rigger, a dogman, a gear hand, a hod carrier, a mortar mixer or a drainage employee employed in connection with building operations; or (ii) to wheel to and from the lift, or to fill boxes with materials to be lifted with winch, hoist, elevator or crane required for servicing bricklayers, plasterers or masons or to control any such winch or hoist, or to control a trowelling machine; or (iii) in underpinning and timbering basements, in the rough finishing of the surfaces for granolithic floors, in the bagging off or the broom finishing of concrete surfaces, in the preparation of granolithic surfaces but not the finishing thereof unless that work is otherwise referred to herein, in the erection of steel stanchions, girders and principals, in the erection of steel structural work when such work is part of the building contractor's contract and under their direct control, on furnace work and bakers' ovens, in mixing, preparing and delivering of materials used hot such as bitumen, trinidad, and other similar patented materials, in the setting and jointing of pipes for sewerage or storm water drainage, in the timbering of shafts, pits or wells in or around buildings, in the mixing of plastic materials and the cleaning up of floors and woodwork after the application of such materials, in preparing or bending or placing into position steel reinforcements in concrete in connection with building operations, in using a jack hammer in demolishing and removing buildings, in mixing, preparing or delivering or packing of concrete in connection with the erection of structures or buildings, in clearing excavating or levelling off sites for buildings when such work is under the building contractor's contract and under their direct control, or in road construction and in connection with approaches to buildings inside the building line (other than road construction work governed by any award of the Western Australian Industrial Commission); or (iv) in general labouring not provided for herein when such work is part of the building contractor's contract and under their direct control. (b) "Assistant Powder Monkey" means a builder's labourer assisting under the direct supervision of a powder monkey in placing and firing explosive charges excluding the operation of explosive powered tools. (c) "Assistant Rigger" means a builder's labourer assisting under the direct supervision of a rigger in erecting or placing in position the members of any type of structure (other than scaffolding and aluminium alloy structures) and for the manner of ensuring the stability of such members, for dismantling such structures or for setting up cranes or hoists other than those attached to scaffolding. (d) "Direct Supervision" means in relation to paragraphs (b) and (c) of this Clause, that the powder monkey or the rigger, as the case may be, must be present on the job to guide the work during its progress. (e) "Concrete Finisher" means a builder's labourer, other than a concrete floater, who is engaged in the hand finishing of concrete work. (f) "Concrete Floater" means a builder's labourer engaged in concrete work and using a wooden or rubber screeder or mechanical trowel or wooden float or engaged in bagging off or broom finishing. (g) "Drainer" means a builder's labourer directly responsible to their employer for the correct and proper laying of sewerage and drainage pipes. (h) "Leading Hand" means an employee who is given by the employer or their agent the responsibility of directing or supervising work in accordance with Clause 4.4 - Leading Hands. (i) "Scaffolder" means a builder's labourer engaged in the work of erecting or altering or dismantling scaffolding of all types. 1.5.4 Carpentry and Joinery: (a) "Carpenter and Joiner" means an employee engaged upon work ordinarily performed by a carpenter and joiner in any workshop establishment, yard or depot, or on site (including dams, bridges, jetties or wharves). Without limiting the generality of the foregoing, such work may include: (i) The erection and/or fixing work in metal; 86 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1027 (ii) (aa) The marking out, lining, plumbing and levelling of prefabricated form work and supports thereto; (bb) the erection and dismantling of such form work but without preventing builders' labourers from being employed on such work. (iii) the fixing of asbestos products, dry fixing of fibre plaster materials and the fixing of building panels, wall board and plastic material; (iv) the erection of curtain walling; (v) the setting out and laying of wood blocks or parquetry or wooden mosaic flooring; and (vi) the erecting of prefabricated buildings or section of buildings constructed in wood, prepared in factories, yards or on site. (b) "Detail Employee" means a carpenter and joiner who sets out and works upon staircases, bar, kitchen or office fittings or any similar detail work from architects' plans or blue prints. (c) "Setter Out" means a carpenter and joiner who sets out work (other than wood blocks or parquetry flooring) for three or more other carpenters and joiners. 1.5.5 Painting, Signwriting and Glazing: "Painter" means an employee who applies paint or any other preparation used for preservation or decorative purposes – (a) to any building or structure of any kind or to any fabricated unit forming or intended to form part of any building or structure; or (b) to any machinery or plant. The term includes any employee engaged in the hanging of wallpapers or substitutes therefore or in glazing, graining, gilding, decorating, applying plastic relief, putty glazing, or marbling and any employee who strips off old wallpapers or who removes old paint or varnish or who is engaged in the preparation of any work for painting by an employee otherwise covered by this award or in the preparation of any materials required for that painting, but does not include an employee other than one who is engaged as a painter under this award, who is employed on work on which only one coat of paint or any other preparation used for preservative purposes is to be applied. 1.5.6 "Glazier" means an employee who – (a) fits and fixes leadlights and stained windows into prepared positions; or (b) fits and fixes glass or ay of its kindred products, including vitrolite, into any place prepared for its reception or cuts such glass or such other products; or (c) cuts glass or any of its kindred products including vitrolite, for any purpose. Provided that nothing in this definition shall apply to work done by shop salesmen, picture frame or furniture makers or by any other employee who at the date of this Award is bound by any award of the