WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION OF WORKERS - WESTERN AUSTRALIAN BRANCH APPLICANT -v- DIRECT ENGINEERING SERVICES PTY LTD AND OTHERS RESPONDENTS CORAM COMMISSIONER S J KENNER DATE THURSDAY, 2 NOVEMBER 2006 FILE NO APPL 81 OF 2006 CITATION NO. 2006 WAIRC 05703 Result Award Varied Representation Applicant Mr L Edmonds of counsel Respondent Ms J Price as agent Order HAVING heard Mr L Edmonds of counsel on behalf of the applicant and Ms J Price as agent on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders – THAT the Air Conditioning and Refrigeration Industry (Construction and Servicing) Award No 10 of 1979 be varied in accordance with the following schedule and that such variation shall have effect on and from the date of this order. (Sgd.) S J KENNER, [L.S.] Commissioner. SCHEDULE 1. Clause 12. – Overtime: Delete subclause (3)(f) of this clause and insert in lieu thereof the following: (f) Subject to the provisions of paragraph (g) of this subclause, an employee required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid $9.85 for a meal and if, owing to the amount of overtime worked, a second or subsequent meal is required, the employee shall be supplied with each such meal by the employer or be paid $6.65 for each meal so required. 2. Clause 17. – Car Allowance: Delete subclause (3) of this clause and insert in lieu thereof the following: (3) 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 MOTOR CAR Area Details Engine Displacement (in cubic centimetres) Rate per kilometre (Cents) Distance Travelled Each Year on Employer's Business Over 2600cc 1600cc - 2600cc 1600cc and Under Metropolitan Area 73.7 66.0 57.5 South West Land Division 75.5 67.7 58.9 North of 23.5o South Latitude 83.0 74.6 64.8 Rest of the State 78.0 69.9 60.8 Motor Cycle (in all areas) 25.4¢ per kilometre 3. Clause 18. – Allowance for Travelling and Employment in Construction Work: Delete subclause (2)(a), (b) and (c) of this clause and insert in lieu thereof the following: (a) On places within a radius of 50 kilometres from the General Post Office, Perth - $15.75 per day. 3172 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 86 W.A.I.G. (b) For each additional kilometre to a radius of 60 kilometres from the General Post Office, Perth – 82 cents per kilometre. (c) Subject to the provisions of paragraph (d) hereof, work performed at places beyond a 60 kilometre radius from the General Post Office, Perth shall be deemed to be distant work unless the employer and the employees, with the consent of the Union, agree in any particular case that the travelling allowance for such work shall be paid under this clause, in which case an additional allowance of 82 cents per kilometre shall be paid for each kilometre in excess of the 60 kilometre radius. 4. Clause 19. – Distant Work: Delete subclauses (6) and (7) of this clause and insert in lieu thereof the following: (6) An employee, to whom the provisions of subclause (1) of this clause apply, shall be paid an allowance of $32.00 for any week-end the employee returns home from the job, but only if - (a) The employee advises the employer or the employer's agent of such intention not later than the Tuesday immediately preceding the week-end 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. (7) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job, the employee shall be provided with suitable transport to and from that job or be paid an allowance of $14.20 per day, provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess time shall be paid for at ordinary rates, whether or not suitable transport is supplied by the employer. 5. Clause 29. – Wages: A. Delete subclauses (4) and (5) of this clause and insert in lieu thereof the following: (4) (a) In addition to the appropriate rates of pay prescribed in this clause, an employee shall be paid - (i) $41.40 per week if engaged on the construction of a large industrial undertaking or any large civil engineering project. (ii) $37.40 per week if engaged on a multi-storey 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/she is required to work. A multi-storey building is a building which, when completed, will consist of at least five storeys. (iii) $22.00 per week if engaged otherwise on construction work falling within the definition of construction work in Clause 5. - 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. (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 10 other employees 23.50 (b) If placed in charge of more than 10 and not more than 20other employees 35.70 (c) If placed in charge of more than 20 other employees 46.20 B. Delete subclause (8)(a)(i) and (ii) of this clause and insert in lieu thereof the following: (i) $12.90 per week to such tradesperson or second-class sheetmetal employee; or (ii) in the case of an apprentice a percentage of $12.90 being the percentage which appears against the year of apprenticeship in subclause (3) hereof, for the purpose of such tradesperson, second-class sheetmetal employee or Apprentice supplying and maintaining tools ordinarily required in the performance of work as a tradesperson, second-class sheetmetal employee or as an apprentice. 86 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3173 2006 WAIRC 05704 ELECTRICAL TRADES (SECURITY ALARMS INDUSTRY) AWARD 1980 NO. R 27 OF 1979