WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS APPLICANT -v- CONTRACT AND MANAGEMENT SERVICES, AGRICULTURE WESTERN AUSTRALIA, COMMISSIONER FOR MAIN ROADS RESPONDENTS CORAM COMMISSIONER J F GREGOR DATE FRIDAY, 8 OCTOBER 2004 FILE NO APPLICATION 874 OF 2004 CITATION NO. 2004 WAIRC 12961 Result Award varied 84 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3529 Order HAVING heard Ms L. Dowden on behalf of the Applicant and Mr D. Spivey for the Respondents, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders: THAT the Building Trades (Government) Award 1968 be varied in accordance with the following Schedule and that such variation shall have effect from the first pay period on or after 7th October 2004. (Sgd.) J F GREGOR, [L.S.] Commissioner. SCHEDULE 1. Clause 9. – Wages: A. Delete subclauses (3) and (4) of this clause and insert in lieu the following: (3) Allowance for Lost Time: Thirteen days' sick leave and follow the job (per week): An employee whose employment is terminated through no fault of his/her own and who has not completed nine months' continuous service with his/her employer shall, for each week of continuous employment with that employer, immediately prior to his/her termination of employment be paid the lost time allowance prescribed hereunder less any payments made to him/her in respect of sick leave during that employment - $ (a) Bricklayers, stoneworkers, carpenters, joiners, painters, glaziers, signwriters, plasterers, plumbers and stonemasons 47.84 (b) Special Class Tradesperson (as defined) 50.24 (c) Registered Plumbers 49.69 (d) Builders Labourers (i) Classifications (i) to (iii) inclusive 46.90 (ii) Classifications (iv) to (ix) 44.09 (iii) Classification (x) 42.62 (iv) Classification (xi) 39.72 NOTE: In the event of any increase or decrease in the wages and other allowances prescribed in this clause, except the tool allowances, the amounts prescribed in this subclause shall be increased or decreased by an amount equal to 9.7% of that increase or decrease. (4) Disabilities Allowance (Per Week): $20.91 (a) Subject to the provisions of paragraph (b), of this subclause an allowance of $20.91 shall be paid to all employees excepting employees who are employed for the major portion of any week in or about a permanent maintenance depot or who are usually employed in or about the employer's business when an employee coming within the exception is engaged on the erection or demolition of a building exceeding 250 square feet in floor area. (b) Employees who are directed to work temporarily in or about a permanent maintenance depot and who immediately prior to being so directed were in receipt of the allowance for a period of not less than three months shall be paid two-thirds of the allowance prescribed herein. B. Delete subclause (7) of this clause and insert in lieu the following: (7) Plumbing Trade Allowance Plumbers shall be paid an allowance at the rate of $16.14 per week to compensate for the following classes of work and in lieu of the relevant amounts in Clause 13. - Special Rates and Provisions of this award whether or not such work is performed in any one week. When working outside the categories listed hereunder, a plumber shall receive the appropriate rates provided for in the said Clause 13. - Special Rates and Provisions. (a) General Plumber: (i) clearing stoppages in soil or waste pipes, or sewer drain pipes, also repairing and putting same in proper order; (ii) work in wet places; (iii) work requiring a swing scaffold, swing seat or rope; (iv) dirty or offensive work; (v) work in any confined space; (vi) work on a ladder exceeding eight metres in height; (vii) work in and around abattoirs. (b) Mechanical Services Plumber: (i) handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool, or other recognised insulation material of a like nature or working in the immediate vicinity so as to be affected by the use thereof; (ii) work in a place where the temperature has been raised by artificial means to between 46° and 54° Celsius or exceeding 54° Celsius; (iii) work in a place where fumes of sulphur or other acid or other offensive fumes are present; (iv) dirty or offensive work; 3530 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 84 W.A.I.G. (v) work in any confined space; (vi) work on a ladder exceeding eight metres in height; (vii) work in and around abattoirs. (c) Roof Plumber: (i) work in the fixing of aluminium foil insulation on roofs or walls prior to the sheeting thereof; (ii) use of explosive powered tools; (iii) work requiring use of materials containing asbestos or to work in close proximity to employees using such materials shall be provided with, and shall use, all necessary safeguards as required by the appropriate occupational health authority including the mandatory wearing of protective equipment (i.e. combination overalls and breathing equipment or similar apparatus); (iv) dirty or offensive work; (v) work requiring a swing scaffold, swing seat or rope; (vi) work on a ladder exceeding eight metres in height; (vii) work in and around abattoirs. 2. Clause 11. – Leading Hands: Delete subclause (1) of this clause and insert in lieu the following: (1) Any employee referred to in Clause 9. - Wages of this award or a leading hand defined in paragraph (h) of subclause (3) of Clause 6. - Definitions of this award, who is placed in charge for not less than one day of - (a) not less than three and not more than ten other employees referred to in Clause 9. - Wages shall be paid at the rate of $33.98 per week extra; (b) more than ten and not more than twenty other employees referred to in Clause 9. - Wages shall be paid at the rate of $45.45 per week extra; (c) more than twenty other employees referred to in Clause 9. - Wages shall be paid at the rate of $56.91 per week extra. 3. Clause 13. – Special Rates and Provisions: Delete this clause and insert in lieu the following: (1) Conditions respecting Special Rates: (a) The special rates prescribed in this award shall be paid irrespective of the times at which work is performed and shall not be subject to any premium or penalty conditions. (b) Where more than one of the above rates provides payments for disabilities of substantially the same nature then only the highest of such rates shall be payable. (2) Swing Scaffold: (a) An employee employed - (i) on any type of swing scaffold or any scaffold suspended by rope or cable or bosun's chair or cantilever scaffold, or (ii) on a suspended scaffold requiring the use of steel or iron hooks or angle irons at a height 6.1 metres or more above the nearest horizontal plane, shall be paid $3.31 for the first four hours or part thereof: and 67 cents for each hour thereafter on any day in addition to the rates otherwise prescribed. (b) A solid plasterer when working on a swing scaffold shall be paid an additional 13 cents per hour. (c) No apprentice with less than two years' experience shall use a swing scaffold or bosun's chair. (d) Provided that no allowance shall be payable for working on such scaffolds when used under bridges or jetties unless the height of the scaffold above the water exceeds 0.9 metres. (3) Insulation: An employee handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool or other recognised insulation material of a like nature or working in the immediate vicinity so as to be affected by the use thereof: shall be paid 55 cents per hour part thereof: in addition to the rates otherwise prescribed. (4) Work in Dust Laden Atmosphere Working in a dust laden atmosphere in a joiner's shop where dust extractors are not provided in or such atmosphere caused by the use of materials for insulating, deafening or plugging work (as, for instance, pumice, charcoal, silicate of cotton, or any other substitute) or from earthworks, 55 cents per hour extra. (5) Confined Space: An employee required to work in a confined space, being a place the dimension or nature of which necessitates working in a cramped position or without sufficient ventilation, shall be paid 55 cents per hour or part thereof: in addition to the rate otherwise prescribed. (6) Sewer Work: An employee engaged in repairs to sewers shall be paid 42 cents per hour or part thereof: in addition to the rates otherwise prescribed. (7) Sanitary Plumbing Work: A plumber doing sanitary plumbing work on repairs to sewer drainage or waste pipe services in any of the following places - (a) Infectious and contagious disease hospitals or any block or portion of a hospital used for the care or treatment of patients suffering from any infectious or contagious disease. 84 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3531 (b) Morgues: shall be paid 46 cents per hour or part thereof: in addition to the rates otherwise prescribed. (8) Ship Plumbing: A plumber doing work on a ship of any class - (a) Whilst under way; or (b) In a wet place being one in which the clothing of an employee necessarily becomes wet to an uncomfortable degree or one in which water accumulates underfoot; or (c) In a confined space; or (d) In a ship which has done one trip or more in a fume or dust laden atmosphere, in bilges, or when cleaning blockages in soil pipe or waste pipes or repairing brine pipes, shall be paid 66 cents per hour or part thereof: in addition to the rate otherwise prescribed. (e) A plumber carrying out pipe work in a ship of any class under the plates in the engine and boiler rooms and oil fuel tanks shall be paid $1.34 per hour or part thereof: in addition to the rates otherwise prescribed. (9) Well Work: A plumber or labourer required to enter a well nine metres or more in depth for the purpose in the first place of examining the pump, pipe or any other work connected therewith, shall be paid $2.36 for such examination and 77 cents per hour extra thereafter for fixing, renewing or repairing such work. (10) Permit Work: Any licensed plumber called upon by his/her employer to use the licence issued to him/her by the Metropolitan Water Supply, Sewerage and Drainage Board for a period in any one week shall be paid $14.21 for that week in addition to the rates otherwise prescribed. (11) Plumbers on Sewerage Work: Plumbers or apprentices in their third, fourth or fifth year, on work involving the opening up of house drains or waste 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 minimum of $2.35 per day or part thereof: in addition to the prescribed rate. (12) Height Money: An employee required to work on a chimney stack, spire, tower, air shaft, cooling tower, water tower exceeding fifteen metres in height shall be paid for all work above fifteen metres, 46 cents per hour thereof: with an additional 46 cents per hour or part thereof: for work above each further fifteen metres in addition to the rates otherwise prescribed. (13) Barge Work A Main Roads Employee required to work on scaffolding which is mounted on a barge is to be paid an allowance of $4.23 per day, or majority thereof, or $2.10 per half day, or part thereof, for such work. (14) Furnace Work: An employee engaged in the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work or on underpinning shall be paid $1.21 per hour or part thereof: in addition to the rates otherwise prescribed. (15) Hot Work: (a) An employee required to work in a place where the temperature has been raised by artificial means to between 46° Celsius and 54° Celsius shall be paid 46 cents per hour or part thereof: in addition to the rates otherwise prescribed, or in excess of 54° Celsius shall be paid 55 cents per hour or part thereof: in addition to the said rates. (b) Where such work continues for more than two hours the employee shall be entitled to a rest period of twenty minutes after every two hours' work without loss of pay, not including the special rate prescribed in paragraph (a) hereof. (16) Cold Work: (a) An employee required to work in a place where the temperature is lowered by artificial means to less than 0° Celsius shall be paid 46 cents per hour or part thereof: in addition to the rates otherwise prescribed in this award. (b) Where such work continues for more than two hours the employee shall be entitled to a rest period of twenty minutes after every two hours' work without loss of pay, not including the special rate prescribed in paragraph (a) hereof. (17) Swanbourne and Graylands: Employees required to work at the Swanbourne and Graylands Hospitals controlled by the Mental Health Service shall be paid at the rate of 46 cents per hour in addition to the prescribed rate. (18) Flintcote: Plasterers using flintcote shall be paid 46 cents per hour or part thereof: except when flintcote is applied by hawk and trowel to walls and ceilings when the rate shall be 79 cents per hour extra in addition to the prescribed rate. (19) Dirty Work: (a) An employee employed on excessively dirty work which is more likely to render the employee or his/her clothes dirtier than the normal run of work, shall be paid 46 cents per hour extra in addition to the prescribed rate (with a minimum payment of four hours when employed on such work). (b) This shall not apply to an employee in receipt of the allowance prescribed in subclause (4) of Clause 9. - Wages of this award nor to a worker in receipt of the allowance prescribed in subclause (27) hereof. (20) Stonemason on Wall: A stonemason working on the wall (cottage work and foundation work in coastal stone excepted) shall be paid 46 cents per hour thereof: in addition to the rates otherwise prescribed. 3532 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 84 W.A.I.G. (21) Setter Out: A setter out (other than a leading hand) in a joiner's shop shall be paid $4.43 per day in addition to the rates otherwise prescribed. (22) Detail Employee: A detail employee (other than a leading hand) shall be paid $4.43 in addition to the rates otherwise prescribed. (23) Spray Painting - Painter: (a) Lead paint shall not be applied by a spray to the interior of any building. (b) All employees (including apprentices) applying paint by spraying, shall be provided with full overalls and head covering and respirators by the employer. (c) Where from the nature of the paint or substance used in spraying, a respirator would be of little or no practical use in preventing the absorption of fumes or materials from substance used by an employee in spray painting, the employee shall be paid a special allowance of $1.21 per day. (24) Lead Paint Surfaces: (a) No surface painted with lead paint shall be rubbed down or scraped by a dry process. (b) Width of Brushes: All brushes shall not exceed 127 millimetres in width and no kalsomine brush shall be more than 177.8 millimetres in width. (c) Meals not to be taken in paint shop. No employee shall be permitted to have a meal in any paint shop or place where paint is stored or used. (25) Spray Application - Painters: A painter engaged on all applications carried out in other than a properly constructed booth approved by the Department of Labour and Industry shall be paid 46 cents per hour or part thereof: in addition to the rates otherwise prescribed in this award. (26) An employee who is a qualified first aid person and is appointed by his/her employer to carry out first aid duties in addition to his/her usual duties shall be paid an additional rate of $1.56 per day. (27) Toxic Substances: (a) An employee required to use toxic substances or materials of a like nature 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 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 using toxic substances or materials of a like nature shall be paid 55 cents per hour extra. Employees working in close proximity to employees so engaged shall be paid 42 cents per hour extra. (d) For the purposes of this subclause all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature. (28) Abattoirs: An employee, other than a plumber in receipt of the plumbing trade allowance, employed in an abattoir shall be paid such rate as is agreed upon between the parties, or, in default of agreement, the rate determined by the Board of Reference. (29) Fumes: An employee required to work in a place where fumes of sulphur or other acid or other offensive fumes are present shall be paid such rates as are agreed upon between him/her and the employer. (30) Asbestos: Employees required to use materials containing asbestos or to work in close proximity to employees using such materials shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority and where such safeguards include the mandatory wearing of protective equipment (ie. combination overalls and breathing equipment or similar apparatus) such employees shall be paid 55 cents per hour whilst so engaged. (31) Explosive Powered Tools: An operator of explosive powered tools, being an employee qualified in accord 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 $1.07 for each day on which he/she used a tool in addition to the rates otherwise prescribed. (32) Wet Work: An employee required to work in a place where water is continually dripping on him/her so that his/her clothing and boots become wet or where there is water underfoot shall be paid 46 cents per hour or part thereof: in addition to the rates otherwise prescribed in this award. (33) Cleaning Down Brickwork: An employee required to clean down bricks using acids or other corrosive substances shall be supplied with gloves and be paid 42 cents per hour or part thereof: in addition to the rates otherwise prescribed in this award. (34) Bagging: An employee engaged upon bagging brick or concrete structures shall be paid 42 cents per hour or part thereof: in addition to the rates otherwise prescribed in this award. (35) Bitumen Work: An employee handling hot bitumen or asphalt or dripping materials in creosote shall be paid 55 cents per hour or part thereof: in addition to the rates otherwise prescribed in this award. 84 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3533 (36) Scaffolding Certificate Allowance: A tradesperson who is the holder of a scaffolding certificate or rigging certificate issued by the Department of Labour and Industry and is required to act on that certificate whilst engaged on work requiring a certified person shall be paid 46 cents per hour or part thereof: in addition to the rates otherwise prescribed in this award but this allowance shall not be payable cumulative on the allowance for swing scaffolds. (37) Dry Polishing or Cutting of Tiles: An employee required to dry polish tiles with a machine or to cut tiles with an electric saw shall be paid 55 cents per hour or part thereof: in addition to the rates otherwise prescribed in this award. (38) Secondhand Timber: Where, whilst working with second-hand timber, an employees tools are damaged by nails, dumps or other foreign matter on the timber, he/she shall be entitled to an allowance of $1.56 per day on each day upon which his/her tools are so damaged, provided that no allowance shall be payable under this clause unless it is reported immediately to the employer's representative on the job in order that the claim may be proved. (39) Roof Repairs: An employee engaged on repairs to roofs shall be paid 50 cents per hour or part thereof: in addition to the rates otherwise provided in this award. (40) Computing Quantities: An employee, other than a leading hand, who is required to compute or estimate quantities of materials in respect of the work performed by others shall be paid $3.33 per day or part thereof: in addition to the rates otherwise prescribed in this award. (41) Loads: Where bricks are being used the employee shall not be required to carry: (a) More than 40 bricks each load in a wheelbarrow (or a scaffold) to a height of 4.6 metres from the ground. (b) More than 36 bricks each load in a wheelbarrow over a height of 4.6 metres on a scaffold. The type of wheelbarrow shall be agreed upon with the union. (42) Grinding Facilities: The employer shall provide adequate facilities for the employees to grind tools either at the job or at the employer's premises and the employees shall be allowed time to use the same whenever reasonably necessary. (43) First Aid Outfit: On each job the employer shall provide sufficient supply of bandages and antiseptic dressings for use in case of accidents. (44) Water and Soap: Water and soap shall be provided in each shop or on each job by the employer. (45) (a) The employer shall supply a safety helmet for each of his/her employees requesting one on any job where, pursuant to the regulations made under the Construction Safety Act, 1972, an employee is required to wear such helmet. (b) Any helmet so supplied shall remain the property of the employer and during that time it is on issue the employee shall be responsible for any loss or damage thereto, fair wear and tear attributable to ordinary use excepted. (46) Provision of Boiling Water: The employer shall, where practicable provide boiling water for the use of his/her employees on each job at lunch time. (47) Sanitary Arrangements: The employer shall comply with the provisions of section 102 of the Health Act, 1911. (48) Attendants on Ladders: No employees shall work on a ladder at a height of over 6.1 metres from the ground when such ladder is standing in any street, way or lane where traffic is passing to and fro, without an assistant on the ground. (49) Electrical Sanding Machines: The use of electrical sanding machines for sanding down paint work shall be governed by the following provisions: (a) The weight of each such machine shall not exceed 5.9 kilograms. (b) Every employer operating any such machine shall endeavour to ensure that each such machine, together with all electrical leads and associated equipment, is kept in a safe condition and shall if requested so to do by any employee but not more often than once in any four weeks cause the same to be inspected under the provisions of the Electricity Act and the regulations made thereunder. (c) Employers shall provide and supply respirators of a suitable type, to each employee and shall maintain same in an effective and clean state at all times. Where respirators are used by more than one employee, each such respirator shall be sterilised or a new pad inserted after use by each such employee. (d) Employers shall also provide and supply goggles of suitable type provided that the goggles with celluloid lenses shall not be regarded as suitable. (e) All employees shall use the protective equipment supplied when using electrical sanding machines of any type. (50) Dam Walls: Adequate precautions shall be taken by all employers for the safety of workers employed on the retaining walls of dams. Any dispute as to the adequacy of precautions taken shall be referred to the Board of Reference. 3534 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 84 W.A.I.G. (51) The Secretary or any authorised officer of the union shall have the right to visit any job for the purpose of ascertaining whether work is being performed in accordance with the provisions of the Construction Safety Act, 1972, and any regulations made thereunder. Should he/she be of the opinion that the work being carried out is not in accordance with those provisions the Secretary or any authorised officer of the union shall inform the employer and the employees concerned accordingly and may report any alleged breach of Act or the regulations to the Chief Inspector of Construction Safety. (52) Where the employer provides transport to and from the job the conveyance used for such transport shall be provided with suitable seating and weatherproof covering. (53) An employee engaged on work at Fremantle Prison shall be paid 46 cents per hour extra. (54) Any dispute which may arise between the parties in relation to the application of any of the foregoing special rates and provisions may be determined by the Board of Reference. (55) Building tradespersons engaged solely on outside work at Homeswest shall be given one winter jacket per year to be replaced on a fair wear and tear basis. 4. Schedule C – Hospital Environment Allowance: Delete this schedule and insert in lieu the following: Notwithstanding the provisions of Clause 13. - Special Rates and Provisions of this Award, the following allowances shall be paid to maintenance employees employed at hospitals listed hereunder:- 1. (a) For work performed in a hospital environment - $12.26 per week. (b) For disabilities associated with work performed in - Difficult access areas; Tunnel complexes; Areas with great temperature variation: - $4.27 per week. Princess Margaret Hospital King Edward Memorial Hospital Sir Charles Gairdner Hospital Royal Perth Hospital Fremantle Hospital 2. For work performed in a hospital environment - $8.25 per week. Kalgoorlie Hospital Osborne Park Hospital Albany Hospital Bunbury Hospital Geraldton Hospital Mt Henry Hospital Northam Hospital Swan Districts Hospital Perth Dental Hospital 3. For work performed in a hospital environment - $5.84 per week. Bentley Hospital Derby Hospital Narrogin Hospital Port Hedland Hospital Rockingham Hospital Sunset Hospital Armadale Hospital Broome Hospital Busselton Hospital Carnarvon Hospital Collie Hospital Esperance Hospital Katanning Hospital Merredin Hospital Murray Hospital Warren Hospital Wyndham Hospital 4. The monetary amounts prescribed in this Schedule shall be adjusted in accordance with any decision of the Commission in Court Session which alters wage rates generally following movements in the Consumer Price Index and which is subsequently reflected by amendment to the allowances contained in Clause 13. - Special Rates and Provisions of the Building Trades (Government) Award No. 31A of 1966. 5. Appendix D – Award Restructuring: Delete clause (8)(b) this appendix and insert in lieu the following: (b) (i) In addition to the rates contained in paragraph (a) of this subclause, employees designated in classification levels to 7 inclusive shall receive an all purpose industry allowance of $13.01. (ii) This allowance shall be paid in two instalments as follows: (aa) $6.57 of the allowance shall be paid after the first twelve months of government service; and (bb) the remaining $6.43 shall be paid on 24 months of government service. 84 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3535 2004 WAIRC 12969 EARTH MOVING AND CONSTRUCTION AWARD NO. 10 OF 1963