WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS APPLICANT -v- SKILLED RAIL SERVICES PTY LTD RESPONDENT CORAM COMMISSIONER S J KENNER DATE WEDNESDAY, 11 JANUARY 2006 FILE NO/S A 5 OF 2005 CITATION NO. 2006 WAIRC 03463 Result Interim award made Representation Applicant Mr D H Schapper of counsel Respondent Mr J Blackburn of counsel Order HAVING heard Mr D H Schapper of counsel on behalf of the applicant and Mr J Blackburn of counsel on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby – MAKES the Iron Ore Production and Processing (Engine Drivers - Skilled Rail Services) Interim Award 2006 in accordance with the following schedule and that this award shall have effect on and from 4 January 2006. (Sgd.) S J KENNER, [L.S.] Commissioner. SCHEDULE 1 -TITLE This award shall be known as the Iron Ore Production and Processing (Engine Drivers - Skilled Rail Services) Interim Award 2006. 2 - MINIMUM ADULT AWARD WAGE (1) No adult employee shall be paid less than the Minimum Adult Award Wage unless otherwise provided by this clause. (2) The Minimum Adult Award Wage for full time adult employees is $484.40 per week payable on and from 7th July 2005. (3) The Minimum Adult Award Wage of $484.40 per week is deemed to include all arbitrated safety net adjustments from State Wage Case decisions. (4) Unless otherwise provided in this clause adults employed as casuals, part time employees or pieceworkers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the Minimum Adult Award Wage according to the hours worked. (5) Juniors shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the Minimum Adult Award Wage of $484.40 per week. (6) (a) The Minimum Adult Award Wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate. (b) Liberty to apply is reserved in relation to any special categories of employees not included here or otherwise in relation to the application of the Minimum Adult Award Wage. (7) Subject to this clause the Minimum Adult Award Wage shall – (a) apply to all work in ordinary hours. (b) apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award. 86 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1267 (8) Minimum Adult Award Wage The rates of pay in this award include the minimum weekly wage for adult employees payable under the 2005 State Wage Case Decision. Any increase arising from the insertion of the minimum adult award wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum adult award wage. (9) Adult Apprentices (a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or over, shall not be paid less than $406.70 per week. (b) The rate paid in paragraph (a) above is payable on superannuation and during any period of paid leave prescribed by this Award. (c) Where in this award an additional rate is expressed 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 actual year of apprenticeship. (d) Nothing in this clause shall operate to reduce the rate of pay fixed by this award for an adult apprentice in force immediately prior to 5th June 2003. 3 – AREA AND SCOPE (1) This award shall apply to shall apply throughout the State of Western Australia and shall apply to all engine drivers working on the railroad which forms part of the iron ore production and processing operations carried on in and around Dampier, Pannawonica, Tom Price, Paraburdoo, Marandoo and associated places and who are employed by any firm, company, enterprise or undertaking engaged in the industry of labour hire. (2) This award shall not apply to any employee employed by Pilbara Iron Company (Services) Pty Ltd, Hamersley Iron Pty Ltd, Robe River Mining Company and Robe River Iron Associates. 4 – ARRANGEMENT 1. Title 2. Minimum Adult Award Wage 3. Area and Scope 4. Arrangement 5. Term 6. Conditions 7. Dispute Resolution 5 – TERM This award shall come into operation on 4 January 2005 and shall continue in force until further order of the Commission. 6 – CONDITIONS (1) All employees are engaged on a casual basis. (2) Rates of pay for all employees are paid on an “all in” basis to compensate for all penalties; allowances; overtime; and leave entitlements. (3) Locomotive Mainline Drivers engaged on a 14 day on 14 day off roster, fly in fly out, shall be paid at the rate of $39.83 per hour. (4) Locomotive Yard Drivers engaged on a 14 day on 14 day off roster, fly in fly out, shall be paid at the rate of $36.86 per hour. (5) Locomotive Banker Drivers engaged on a 14 day on 7 day off roster, fly in fly out, shall be paid at the rate of $40.40 per hour. (6) All travel to and from site shall be in an employee’s own time except for those employees on a 14 day on 7 day off roster in which case travel time is paid. (7) Employees shall work a 12 hour shift roster averaging 42 hours per week in the case of a 14 day on 14 day off fly in fly out roster and 56 hours per week in the case of a 14 day on 7 day off fly in fly out roster. (8) In addition to their hourly rate of pay each employee who remains in employment until 30 June 2006 is entitled to a completion bonus calculated on the following basis: 21 times 12 times applicable hourly rate of pay. An employee who has been employed for only part of a qualifying period but remains in employment until 30 June 2006 or whose employment is terminated prior to 30 June 2006 through no fault of their own, is entitled to a pro rata payment. 7 - DISPUTE RESOLUTION (1) In the case of any questions, disputes or difficulties arising under this award, the employer and employee(s) are to confer amongst themselves and make reasonable attempts to resolve any such questions, disputes or difficulties. (2) In the event the employer and employee(s) are not able to resolve any questions, disputes or difficulties having complied with sub clause (1) above either may refer the matter to the