WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- WESFARMERS CSBP RESPONDENT CORAM CHIEF COMMISSIONER A R BEECH DATE FRIDAY, 11 MARCH 2005 FILE NO/S APPL 687 OF 2003 CITATION NO. 2005 WAIRC 00653 Result Award Varied Representation Applicant Ms C. Kazakoff Respondent No appearance 85 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1147 Order HAVING heard Ms C. Kazakoff on behalf of the applicant and there being no appearance on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders – THAT the CSBP & Farmers Award 1990 be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after the 11th day of March 2005. (Sgd.) A R BEECH, [L.S.] Chief Commissioner. SCHEDULE 1. Clause 9 – Wages: Delete subclause (3) of this clause and insert the following in lieu thereof: (3) An employee specifically appointed to be a leading hand or a leading operator in charge of four or more employees shall be paid the appropriate allowances as follows: One to three employees (other than apprentices and employees performing the duties of trades assistant) $20.75 per week Four to ten employees (including apprentices and employees performing the duties of trades assistant) $31.85 per week Over ten employees (including apprentices and employees performing the duties of trades assistant) $41.00 per week The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle. These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement. Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. 2. Clause 11 – Service Pay: Delete this clause and insert the following in lieu thereof: 11. - SERVICE PAY In recognition of continuous service with the employer, employees are entitled in addition to the wage rates specified in Clause 9, to service pay as follows - Flat Payment Per Week (1) After 6 months' service $18.55 (2) After 12 months' service $20.60 (3) After 24 months' service $23.20 (4) After 36 months' service $25.90 (5) After 48 months' service $28.10 3. Clause 14 – Overtime: Delete paragraph (g) of subclause (3) of this clause and insert the following in lieu thereof: (g) An employee required to work overtime for more than one (1) hour immediately following the employee's rostered hours of work shall be supplied with a meal by the employer or be paid $7.75 for a meal and, if five (5) hours of overtime or more is worked, a second or subsequent meal is required the employee shall be supplied with each such meal by the employer or be paid $7.75 for each meal so required. Overtime meal breaks for employees other than shift workers are unpaid breaks. 4. Clause 18 – Special Rates and Allowances: Delete this clause and insert the following in lieu thereof: 18. - SPECIAL RATES AND ALLOWANCES Subject to the following subclauses, where an employee performs such duties for two (2) hours or more a day as would entitle the employee to a special rate or allowance provided hereunder the employee shall be paid that special rate or allowance for the employee's ordinary hours of duty for that day. Provided that if an employee working overtime performs such duties for two (2) hours or more as would entitle the employee to a special rate or allowance provided hereunder the employee shall be paid that special rate or allowance for the whole period of overtime. (1) Height Employees, other than employees appointed to perform the specific duties of a rigger, required to work on a scaffold, or a roof at a height of 4.6 metres or more above ground or the nearest horizontal surface shall be paid a flat allowance of 30 cents per hour or part thereof. (2) Watertube Boiler, Firetube Boiler and Turbine Drivers Certificates Employees engaged as Production and Maintenance Workers at Kwinana and who in accordance with the requirements of the Occupational Health, Safety and Welfare Act 1984 and regulations made pursuant to that Act and are required to use that certificate of competency in the course of their work shall be paid a flat allowance of $5.40 per week in respect of each certificate held. (3) Telephone Call Out 1148 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 85 W.A.I.G. If an employee is required to attend in a call out situation and is notified by the employee's personal telephone and that employee attends the call out, or if the employee is asked for advice in relation to the repair of the breakdown the employee shall be entitled to a telephone allowance of $4.50 for each call out or advice given in relation to the repair of the breakdown. This allowance shall be reviewed each August and shall only be increased in line with the percentage increase in the Telecom rental charge for a single domestic telephone installation for the preceding twelve (12) months. (4) Laundry A flat allowance of $9.60 per week shall be paid to employees who are responsible for laundering their own uniforms. (5) Wet Polythene Bags Employees required to handle wet and slippery polythene film bags containing hygroscopic material shall be paid a flat allowance of 40 cents per hour or part thereof. (6) Acid Bricks An employee required to perform brick work in acid furnaces, acid stills, acid towers and all other acid resisting brickwork in an acidic condition shall be paid a flat allowance of $1.15 per hour or part thereof. (7) Explosive Powered Tools An operator of explosive powered tools, being an employee qualified in accordance with the laws and regulations of the State of Western Australia to operate explosive powered tools who is required to use an explosive powered tool shall be paid a flat allowance of 30 cents per hour or part thereof on which the employee uses such a tool. (8) Confined Space An employee shall be paid a flat allowance of 55 cents per hour or part thereof when, because of the dimensions of the compartment or space in which the employee is working, the employee is required to work in a stooped or otherwise cramped position, or without proper ventilation. (9) Boiler Work An employee required to work in a boiler or furnace where the temperature exceeds 54 degrees Celsius shall be paid at the rate of time and one half for each hour or part thereof. (10) Percussion Tools An employee shall be paid a flat allowance of 30 cents per hour or part thereof when using percussion tools exceeding 7.5 kg in weight. (11) Toxic Vapours and Materials (a) An employee likely to be exposed to toxic vapours or materials shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials. (b) An employee using such materials will be provided with and shall use all safeguards as are required by the appropriate Government Authority or in the absence of such requirement such safeguards as are determined by a competent authority or person chosen by the Union and the employer. (c) An employee required to wear full face cartridge or cannister masks, or air swept hoods as protection from exposure when using catalyst hardeners and reactive additives, two pack catalyst systems, volatile solvents including those used for rubber working or when using chemicals for which the MSDS, the work practice and the environment of the job require such protection shall be paid a flat allowance of 55 cents per hour or part thereof provided that employees engaged on leadburning work for two (2) hours or more in any day requiring the wearing of a face sealing air supplied helmet of the "RACAL" type shall be paid a flat allowance of 30 cents per hour. (12) Spray Application - Painter A painter engaged in all spray applications shall be paid a flat allowance of 50 cents per hour or part thereof. (13) Swing Scaffold (a) Except where sub-clause (1) applies, a worker employed - (i) on any type of swing scaffold or any scaffold suspended by rope or cable, or bosuns chair or cantilever scaffold or (ii) on a suspended scaffold requiring the use of steel or iron hooks or angle irons at a height 6 metres or more above the nearest horizontal plane, shall be paid a flat allowance of $3.25 for the first four (4) hours or part thereof and 70 cents for each hour or part thereof thereafter on any day. (b) No apprentice with less than two (2) years' service shall use a swing scaffold or bosuns chair. (14) Copper, Zinc, Manganese and Molybdenum Employees carrying or emptying copper, zinc, manganese or molybdenum containers or feeding these materials into hoppers shall be paid a flat allowance of 30 cents per hour or part thereof. (15) Sewerage Work (a) Employees involved in the opening up of sewerage pipes for the purpose of clearing blockages or for any other purpose, or work involving the cleaning out of septic tanks or dry wells, shall be paid a flat allowance of 30 cents per hour or part thereof. (b) Employees involved in repair work of sewerage pipes, septic tanks or dry wells shall be paid a flat allowance of 50 cents per hour or part thereof. 85 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1149 (16) Hot Work An employee shall be paid a flat allowance of 50 cents per hour or part thereof when the employee works in the shade in any place where the temperature is raised by artificial means to between 46 and 54 degrees Celsius; and for work other than boiler work, 55 cents when the temperature exceeds 54 degrees Celsius. Provided that an employee is entitled to take reasonable rest breaks while performing hot work. (17) Furnace Work An employee working on the construction, alteration or repair or flues, furnaces or similar refactory work shall be paid a flat allowance of $1.15 per hour or part thereof. (18) Plumber's Licence An employee required to use in the course of duties a 'B' class licence or an 'A' class licence issued by the Metropolitan Water Supply Sewerage and Drainage Board shall be paid an allowance of $15.20 or $30.55 a week respectively. (19) Computing Quantities An employee, other than a leading hand, regularly required to compute or estimate quantities of materials in respect of the work performed by others (excluding stocktaking) shall be paid an allowance of 40 cents per hour or part thereof. (20) Width of Brushes Paint brushes shall not exceed 125mm in width and kalsomine brushes shall not exceed 175mm in width. (21) Electric Sanding Machines Electric sanding machines for sanding down paintwork shall not exceed 5.9 kilograms. (22) Roof Repairs An employee working on roof repairs shall be paid an allowance of 55 cents per hour or part thereof. (23) Sulphur Allowance An employee working for a minimum of two (2) hours per day on sulphur heaps as part of sulphur receival, driving end loaders not fitted with sealed cabs, or cleaning sulphur dust from equipment used for sulphur handling immediately prior to repairs shall be paid an allowance of 30 cents per hour or part thereof. 5. Clause 19 – Protective Equipment and First Aid Allowances: (A) Delete subparagraph (i) of paragraph (d) of clause (1) and insert in lieu thereof the following: (d) Full Protective Clothing Allowance (i) In addition to any other allowance, an allowance of 50 cents per hour shall be paid in the following situations: . Cleaning in acidic or caustic conditions inside acid towers, tanks, vessels chambers and scrubbing systems. . Cleaning in acidic conditions underneath filters. . Using high pressure water guns in acidic conditions. . Dismantling vessels and equipment containing acid. . Initial dismantling of ammonia equipment which contains ammonia. . Cleaning inside sumps and cleaning pipes in acidic conditions at gypsum ponds. . Cleaning acidic deposits from fluosilicic acid plate filter on scrubbing system. . Working with materials containing asbestos. . Hand screening of vanadium catalyst dust. . Cleaning down brickwork with acids or corrosive substances. . Dry polishing tiles with a machine or cutting tiles with an electric saw. . Working with insulwool, slag wool, silicate of cotton or other recognised insulating material of a like nature. . Performing repair work with concrete or timber on operating water cooling towers. (B) Delete subclause (e) and insert in lieu thereof the following (e) Fully Enclosed Protective Equipment and Self Contained Breathing Apparatus An employee who is required to wear fully enclosed protective equipment and self contained breathing apparatus or gas tight and air supplied protective suites (e.g. jolly green giant type), such as used in the acid towers shall in addition be paid an all purpose allowance of $1.20 per hour, in lieu of any allowance payable under paragraph 19(1)(d) of this award. (C) Delete subclauses (2)(a), (b) and (c) and insert in lieu thereof the following: (2) First Aid and Emergency (a) Employees who are holders of a current St. John Ambulance Association Certificate in First Aid and are appointed by the employer to act as first aid attendant on a regular basis are entitled to a flat allowance of $8.25 per week. (b) Employees who are holders of a current St. John Ambulance Association Certificate in First Aid and are directed to act as a first aid attendant on an irregular basis are entitled to a flat allowance of $8.25 per week for each week they are so required to act. 1150 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 85 W.A.I.G. (c) (i) Employees who are trained and appointed members of a fire and rescue team listed below and who attend training and emergencies are entitled to a flat allowance as follows: Bayswater & Country $14.30 per week Works Kwinana Out of Hours $21.75 per week Kwinana Normal Hours $26.55 per week Kwinana Off Site Group $32.60 per week (ii) Death and total and permanent disablement insurance cover of the prescribed amount of $106,965.00 will apply to all employees who are members of the fire and emergency team where disablement or death is a direct result of participation in or training for an emergency involving the employers plant buildings, materials or products, or an external emergency attended by the fire and emergency team at the request of the employer. 6. Clause 21 – Car and Travelling Allowance: Delete subclause (5) and insert in lieu thereof the following: (5) The following shall be the rates payable to employees for the use of the employee's own vehicle as provided for in this clause: AREA & DETAILS ENGINE DISPLACEMENT (IN CUBIC CENTIMETRES) RATE PER KILOMETRE (CENTS) OVER 2000cc 2000cc AND UNDER Metropolitan Area 50.0 45.0 Rest of the State 53.0 48.0 7. Clause 22 – Distant Work: (A) Delete subclause (3) of this clause and insert in lieu thereof the following: (3) Where an employee attends emergency work or work at installations other than that employee's normal installation, and where that attendance necessitates overnight accommodation the employee shall be paid a flat $6.70 per night for each night they are absent from home in addition to any other allowances or benefits provided by this clause. (B) Delete subclauses (5) and (6) of this clause and insert in lieu thereof the following: (5) An employee, to whom subclause (1) of this clause is applicable, shall be paid a flat allowance of $23.10 for any weekend that the employee returns home, but only if:- (a) the employee advises the employer of the employee's intention no later than the Tuesday preceding the weekend which the employee intends to return home; (b) the employee is not required to 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. (6) Where an employee, who is being supplied with board and lodging by the employer pursuant to subclause (1) of this clause is required to live more than 800 metres from the job, the employer shall provide suitable transport to and from the job or pay the employee $11.48 per day. If travelling time to or from the job exceeds twenty (20) minutes, the excess time shall be paid at ordinary rates regardless of whether the employer is providing transport. And further, with the consent of the parties, the Commission records the following basis for variations: 1. The agreed Key Minimum Classification in this Award is Maintenance Trades Group 1. 2. For Work Related Allowances – the percentage increase in: • Clause 9. – Wages • Clause 11. – Service Pay • Clause 18. – Special Rates and Allowances • Clause 19. – Protective Equipment and First Aid Allowance I is derived from 1994 - $8.00 divided by $491.80 equals 0.0162667% 1995 - $8.00 divided by $499.80 equals 0.0160064% 1996 - $8.00 divided by $507.80 equals 0.0157542% 1997 - $10.00 divided by $515.80 equals 0.0193873 1998 - $14.00 divided by $525.80 equals 0.026626% 1999 - $10.00 divided by $539.80 equals 0.0185253% 2000 - $15.00 divided by $549.80 equals 0.0272826% 2001 - $15.00 divided by $564.80 equals 0.026558% 2002 - $18.00 divided by $579.80 equals 0.310451% 2003 - $17.00 divided by $597.80 equals 0.0284376% 2004 - $19.00 divided by $614.80 equals 0.0309043% as prescribed by Principle 5. Adjustment of Allowances and Service Increments of the State Wage Case. 85 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1151 “allowances which relate to work or conditions which have not changed and service increments may be adjusted as a result of the arbitrated safety net increase . . . the method of adjustment shall be that such allowances and service increments should be increased by a percentage derived as follows: divide the monetary safety net increase by the rate for the key classification in the relevant award immediately prior to the application of the safety net increase to the award rate and multiply by 100.” 3. For Expense Related Allowances: • Clause 14. - Overtime has been varied for the CPI Meals Out and Take Away Food – weighted average of eight capital cities for the period June 1994 to December 2004 giving the percentage of 43.79% . December 2004 162.2 X 100 = 43.79% June 1994 112.8 1 CPI Meals Out and Take Away Foods – weighted average of eight capital cities. • Clause 18. – Special Rates and Allowances has been varied for the CPI Clothing Services and Shoe Repair – weighted average of eight capital cities for the period June 1994 to December 2004 giving the percentage 43.68%. December 2004 171.7 X 100 = 43.68% June 1994 119.5 1 CPI Clothing Services and Shoe Repair – weighted average of eight capital cities. • Clause 21. – Car and Travelling Allowances has been varied for the CPI Private Motoring – weighted average of eight capital cities for the period June 1994 to December 2004 giving the percentage of 26.09%. December 2004 144.0 X 100 = 26.09% June 1994 114.2 1 CPI Private Motoring – weighted average of eight capital cities. Catalogue 6455.0.40.9001 • Clause 22 – Distant Work has been varied for the CPI All Groups Index Numbers – Perth for the period March 1994 to December 2004 giving the percentage of 31.95% December 2004 143.3 x 100 = 31.95% March 1994 108.6 1 For all allowances please see attached excel spreadsheet CSBP and Farmers' Award EXPENSE RELATED ALLOWANCES Key Minimum Classification - Maintenance Trades Group 1 Source: ABS - CPI 6401.01 Time Series Spreadsheets Clause 18 - Special Rates and Allowances; subclause 4 1992 2004 Rounded 143.68% 6.7 962.656 9.62 = 9.60 Clothing Services and Shoe Repair - Weighted Average of eight capital cities June 1994 - 119.5 December 2004 171.7 % Increase = 43.68% Clause 14 - Overtime 1990 2004 Rounded 143.79% 5.4 776.466 7.76 = 7.75 5.4 776.466 7.76 = 7.75 Meals Out and Take Away foods - weighted average of eight capital cities June 1994 - 112.8 December 2004 162.2 % Increase = 43.79% Clause 21 - Car and Travelling Allowance 1990 2004 Rounded 1990 2004 Rounded Over 2000cc 126.09% ≤ 2000cc 126.09% Metro 0.4 50.436 50 0.36 45.3924 45 Rest of State 0.42 52.9578 53 0.38 47.9142 48 Private Motoring - weighted average of eight capital cities 1152 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 85 W.A.I.G. June 1994 - 114.2% December 2004 144.0 % Increase = 26.09% Clause 22 - Distant Work - subclauses 3, 5 and 6. 1990 2004 Rounded 131.95000% 5.1 6.72945 6.7 17.5 23.09125 23.09 = 23.10 8.7 11.47965 11.48 All Groups - Index Numbers - Perth March 1994 = 108.6 December 143.3% % Increase = 31.95% 2005 WAIRC 00608 CULTURAL CENTRE AWARD 1987