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 1875 OF 2003 CITATION NO. 2004 WAIRC 11295 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 Smelting (WMC Resources Ltd) Award 2003 No. 18 of 1972 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 9. – Overtime: Delete paragraph (c) subclause (3) and insert in lieu the following thereof: (c) Subject to the provisions of paragraph (d) of this sub clause, 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. Any dispute as to the suitability of meals supplied shall be determined by the Board of Reference. 2. Clause 10. – Shift Work: Delete subclause (2) and insert in lieu the following thereof: (2) A shift employee shall, in addition to their ordinary rate, be paid per shift of eight hours at the rate of $10.70 when on afternoon or night shift. 3. Clause 26. – Special Rates: Delete this clause and insert in lieu the following thereof: 84 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1117 26. - SPECIAL RATES (1) Heat Money: Any employee employed for more than one hour - (a) in places where the temperature is raised by artificial means to between 46 and 55 degrees Celsius, shall be paid an allowance of 24 cents per hour extra, and/or (b) in places where the temperature exceeds 55 degrees Celsius shall be paid 29 cents per hour extra. (2) Dust Money: Any employee required to work in excessively dusty areas shall be paid an allowance of 24 cents per hour extra. Excessively dusty areas shall be determined from time to time by the parties to this award but shall include - (a) Dust handling area on precipitator (b) Dust handling on boilers (c) Feeding system on furnace (d) Return crushing system 4. Schedule 1 – Wages: Delete this clause and insert in lieu the following thereof: SCHEDULE 1 - WAGES The minimum rates of wages per week payable under the provisions of this award shall be as follows: Base Rate $ Industry Allowance $ Arbitrated Safety Net Adjustments $ Total Rate $ (1) Process Operator Grade 1 306.80 86.80 123.00 516.60 Process Operator Grade 2 320.50 86.80 123.00 530.30 Process Operator Grade 3 333.10 86.80 123.00 542.90 Process Operator Grade 4 343.40 86.80 123.00 553.20 Process Operator Grade 5 357.90 86.80 123.00 567.70 Process Operator Grade 6 379.20 86.80 123.00 589.00 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) Leading Hands In addition to the appropriate rate prescribed in subclause (1) of this clause, a Leading Hand shall be paid the following in excess of the highest rate applicable to the work being carried out. $ (a) If placed in charge of not less than 3 and not more than 10 other employees 19.60 (b) If placed in charge of more than 10 and not more than 20 other employees 29.50 (c) If placed in charge of more than 20 other employees 38.30 (3) 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 11249 THE WESTERN AUSTRALIAN SURVEYING (PRIVATE PRACTICE) INDUSTRIAL AWARD, 2003 NO. A2 OF 1988