WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING, AND ALLIED WORKERS UNION OF AUSTRALIA, ENGIN & ELECT DIV, WA BRANCH APPLICANT -v- WMC RESOURCES LTD, THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION OF WORKERS - WESTERN AUSTRALIAN BRANCH, THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS RESPONDENTS CORAM COMMISSIONER J H SMITH DATE OF ORDER MONDAY, 3 MAY 2004 FILE NO. APPLICATION 1877 OF 2003 CITATION NO. 2004 WAIRC 11296 84 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1105 Result Award registered Representation Applicant Mr M Llewellyn Respondents Mr A Caccamo (as agent) Order Having heard Mr M Llewellyn on behalf of the Applicant and Mr A Caccamo as agent 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 Engineering and Engine Drivers' (Nickel Smelting) Award, 1973 No. 4 of 1973 1991 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 19 April 2004. (Sgd.) J H SMITH, [L.S.] Commissioner. SCHEDULE 1. Clause 8. - Overtime: Delete paragraph (c) of subclause (3) and insert in lieu the following thereof: (c) Subject to the provisions of paragraph (d) of this subclause, an employee required to work overtime for more than one hour shall be supplied with a suitable meal by the employer or be paid $8.05 for a meal and if, owing to the amount of overtime worked, a second or subsequent meal is required they shall be supplied with each such meal by the employer or be paid $8.05 for each meal so required. Any dispute as to the suitability of meals supplied shall be determined by the Board of Reference. 2. Clause 9. - Shift Work: Delete subclause (2) of this clause and insert in lieu the following thereof: (2) A shift employee, in addition to the ordinary rate, shall be paid $10.70 per shift of eight hours when on afternoon and night shift. 3. Clause 25. - Special Rates and Provisions: Delete subclauses (1), (2), (3), (4), (5) and (9) of this clause and insert in lieu the following thereof: (1) Height Money: An employee shall be paid an allowance of $1.18 for each day on which they work at a height of 50 feet or more above the nearest horizontal plane. (2) An employee shall be paid an allowance of 24 cents per hour when engaged on work of an unusually dirty nature where clothes are necessarily unduly soiled or damaged or boots are unduly damaged by the nature of the work done. (3) Confined Space: An employee shall be paid 32 cents per hour extra when working in "confined space", which means a compartment or space the dimensions of which necessitate working in a stooped or otherwise cramped position, or without proper ventilation. (4) When employed for more than one hour in the shade, an employee shall be paid - (a) (i) in places where the temperature is raised by artificial means to between 46 and 55 degrees Celsius - 24 cents per hour extra; (ii) in places where the temperature exceeds 55 degrees Celsius - 32 cents per hour extra; (b) where the work continues for more than one hour in temperatures exceeding 55 degrees Celsius, employees shall also be entitled to 10 minutes rest after each hour's work without deduction of pay. (5) Breathing Apparatus: An employee shall be paid 10 cents per hour extra when they are required to wear self-contained breathing apparatus (other than dust masks). (9) An Electrician - Special Class, an Electrical Fitter and/or Armature Winder or an Electrical Installer who holds and in the course of employment may be required to use a current "A" or "B" grade licence issued pursuant to the relevant regulation in force on the 28th day of February 1978 under the Electricity Act 1945, shall be paid an allowance of $17.30 per week. 4. Clause 26. - Rates of Pay and Classification Definitions: Delete subclauses (9) and (10) of this clause and insert in lieu the following thereof: (9) Tool Allowance: A tradesperson to whom the employer does not supply all necessary tools shall be paid a tool allowance of $12.00 per week. A "tradesperson", for the purpose of this clause, shall be deemed to be an employee who is paid an equal rate of wage or higher than the classification "fitter". (10) Industry Allowance: (a) Each employee shall be paid an allowance of $86.80 per week. (b) The allowance recognises, and is in payment for, all aspects of work in the industry, including the location and nature of individual operations within it. (c) The allowance shall be paid in addition to the rate of wage set out in this clause and shall be paid for all purposes of the award. 1106 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 84 W.A.I.G. 2004 WAIRC 11297 ENGINEERING TRADES AND ENGINE DRIVERS (NICKEL REFINING) AWARD NO. 10 OF 1971