WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING, AND ALLIED WORKERS UNION OF AUSTRALIA, ENGINEERING & ELECTRICAL DIV. APPLICANT -v- KONE ELEVATORS (AUST) PTY LIMITED, OTIS ELEVATOR CO PTY LTD, SCHINDLER LIFTS AUSTRALIA PTY LTD RESPONDENT CORAM SENIOR COMMISSIONER J F GREGOR DATE TUESDAY, 4 OCTOBER 2005 FILE NO/S APPL 785 OF 2005 CITATION NO. 2005 WAIRC 02748 Result Award Variation Order HAVING heard Mr L. Edmonds (of Counsel) on behalf of the Applicant and Mr D. Lee for the Respondent, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders: THAT the Lift Industry (Electrical and Metal Trades) Award No. 9 of 1973 be varied in accordance with the following Schedule and that such variation shall have effect from the first pay period on or after 19th September 2005. (Sgd.) J F GREGOR, [L.S.] Senior Commissioner. SCHEDULE 1. Clause 12. – Overtime. Delete paragraph (f) of subclause (3) of this Clause and insert in lieu 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 $9.60 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 $6.50 for each meal so required. 2. Clause 16. – Special Rates and Provisions: Delete subclauses (5) and (6) and insert in lieu the following: (5) An Electrician Special Class, an electrical fitter and/or armature winder or an electrical installer who holds and, in the course of the employee's employment may be required to use a current "A" Grade or "B" Grade License issued pursuant to the relevant regulation in force on 28th day of February 1979 under the Electricity Act, 1945 shall be paid an allowance of $18.30 per week. (6) An employee holding either a First Aid Medallion of the St. John Ambulance Association or a Senior First Aid Certificate of the Australian Red Cross Society, appointed by the employer to perform first aid duties shall be paid $9.00 per week in addition to their ordinary rate. 3. Clause 17. – Car Allowance: Delete subclause (3) and insert in lieu 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 AND DETAILS ENGINE DISPLACEMENT (In Cubic Centimetres) Rate per Kilometre (Cents) Over Over 1600cc 1600cc 2600cc -2600cc & Under Metropolitan Area 68.7 61.4 53.4 South West Land Division 70.2 62.9 54.6 North of 23.5' South Latitude 77.1 69.3 60.4 Rest of the State 72.5 65.0 56.6 Motor Cycle (In All Areas) 23.7 cents per kilometre 3536 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 85 W.A.I.G. 4. Clause 18. – Fares and Travelling Time: Delete subclause (2) and insert in lieu the following: (2) An employee to whom subclause (1) of this Clause does not apply and who is engaged on construction work or regular repair service and/or maintenance work shall be paid an allowance in accordance with the provisions of this subclause to compensate for excess fares and travelling time from the employee's home to their place of work and return: (a) On places within a radius of 50 kilometres from the General Post Office, Perth - $14.20 per day. (b) For each additional kilometre to a radius of 60 kilometres from the General Post Office, Perth - 78 cents per kilometre. (c) Subject to the provision of paragraph (d), work performed at places beyond a 60 kilometres 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 78 cents per kilometre shall be paid for each kilometre in excess of 60 kilometres radius. (d) In respect to work carried out from an employer's depot situated more than 60 kilometres from the G.P.O., Perth, the main Post Office in the town in which such depot is situated shall be the centre for the purpose of calculating the allowance to be paid. (e) Where transport to and from the job is provided by the employer from and to their depot or such other place more convenient to the employee as is mutually agreed upon between the employer and employee, half the above rates shall be paid; provided that the conveyance used for such transport is provided with suitable seating and weatherproof covering. 5. Clause 19. – Distant Work: Delete subclauses (6) and (7) and insert in lieu the following: (6) An employee, to whom the provisions of subclause (1) of this Clause apply, shall be paid an allowance of $28.90 for any week-end they return 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 week-end; (c) The employee returns to the job on the first working day following the week-end; 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 $12.85 per day, provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess travelling time shall be paid for at ordinary rates, whether or not suitable transport is supplied by the employer. 6. Clause 28. – Lift Industry Allowance: Delete subclause (1) of this clause and insert in lieu the following: (1) Tradespeople and their assistants who perform work in connection with the installation, servicing, repairing and/or maintenance of lifts and escalators, other than in the employer's workshops, shall be paid an amount of $85.70 per week as a lift industry allowance in consideration of the peculiarities and disabilities associated with such work and in recognition of the fact that employees engaged in such work may be required to perform and/or assist to perform, as the case may be, any of such work. 7. First Schedule – Wages: Delete subclauses (3) and (6) and insert in lieu the following: (3) 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 ten other employees $ 23.10 (b) If placed in charge of more than ten and not more than twenty other employees 35.20 (c) If placed in charge of more than twenty other employees 45.50 (6) (a) Where an employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that tradesperson or apprentice in the performance of his/her work as a tradesperson or as an apprentice the employer shall pay a tool allowance of:- (i) $12.80 per week to such tradesperson; or (ii) In the case of an apprentice a percentage of $12.80 being the percentage which appears against their years of apprenticeship in Clause 3 of this schedule, for the purpose of such tradesperson or apprentice supplying and maintaining tools ordinarily required in the performance of his/her work as a tradesperson or apprentice. (b) Any tool allowance paid pursuant of paragraph (a) of this Clause shall be included in, and form part of, the ordinary weekly wage prescribed in this schedule. (c) An employer shall provide for the use of tradesperson or apprentices all necessary power tools, special purpose tools and precision measuring instruments. (d) A tradesperson or apprentice shall replace or pay for any tools supplied by his/her employer if lost through their negligence. 85 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3537 2005 WAIRC 02747 RADIO AND TELEVISION EMPLOYEES' AWARD