WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE AUSTRALIAN WORKERS' UNION, WEST AUSTRALIAN BRANCH, INDUSTRIAL UNION OF WORKERS APPLICANT -v- WMC RESOURCES LTD RESPONDENT CORAM COMMISSIONER J H SMITH DATE OF ORDER MONDAY, 3 MAY 2004 FILE NO. APPLICATION 1874 OF 2003 CITATION NO. 2004 WAIRC 11294 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 Nickel Refining Award, 1971 No. 6 of 1971 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. – Special Rates and Provisions: Delete subclause (1) and insert in lieu the following thereof: (1) In lieu of any other special rates and conditions an employee shall be paid a flat allowance of $13.00 per week. 2. Clause 10. – Overtime (Other Than Continuous Shift Employees): Delete subclause (6) and insert in lieu the following thereof: (6) When an employee, without being notified on the previous day is required to continue working after the usual knock off time for more than two hours the employee shall be provided with any meal required or be paid $8.05 in lieu thereof. Provided that such payment need not be made to employees living in the same locality as their place of employment who can reasonable return home for a meal. 3. Clause 11. – Continuous Shift Employees: Delete subclause (6) and insert in lieu the following thereof: (6) When an employee without being notified on the previous day is required to continue working after their usual knock off time for more than two hours the employee shall be provided with any meal required or be paid $8.05 in lieu thereof. Provided that such payment need not be made to employees living in the same locality as their place of employment who can reasonable return home for a meal. 4. Clause 12. – Shift Work: Delete subclause (3) and insert in lieu the following thereof: (3) A shift employee shall, in addition to the ordinary rate, be paid per shift of eight hours at the rate of $10.70 when on afternoon or night shift. 5. Clause 27. – Wages: Delete this clause and insert in lieu the following thereof: 27. – WAGES The minimum rates of wages per week payable under the provisions of this award shall be as follows: (1) Adult Base Rate $ Industry Allowance $ Arbitrated Safety Net Adjustments $ Total Rate $ Process Operator Grade 1 330.50 86.80 123.00 540.30 Process Operator Grade 2 339.50 86.80 123.00 549.30 Process Operator Grade 3 357.30 86.80 123.00 567.10 Process Operator Grade 4 370.80 86.80 123.00 580.60 Process Operator Grade 5 386.20 86.80 123.00 596.00 Storeperson 332.60 86.80 123.00 542.40 Multi-skilled Process Operator Grade 1 363.50 86.80 123.00 573.30 Multi-skilled Process Operator Grade 2 372.50 86.80 123.00 582.30 Multi-skilled Process Operator Grade 3 390.30 86.80 123.00 600.10 Multi-skilled Process Operator Grade 4 403.80 86.80 123.00 613.60 Multi-skilled Process Operator Grade 5 419.20 86.80 125.00 631.00 1116 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 84 W.A.I.G. 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) Junior Employees (percent rate for Process Operators Grade 1 classification per week) Under 17 years of age 55% Between 17 and 18 years of age 65% Between 18 and 19 years of age 80% At 19 years of age appropriate adult classification rate (3) Casual Employees shall be paid fifteen per cent (15%) in addition to the rates prescribed in this clause. (4) Industry Allowance An industry allowance of $86.80 per week, payable for all purposes of the award, is payable for all employees, in addition to the base rate. Such allowance recognises, and is in payment for, all aspects of work in the nickel industry, including the location and nature of individual operations within it. 2004 WAIRC 11295 NICKEL SMELTING (WMC RESOURCES LIMITED) AWARD NO. 18 OF 1972