WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE AUSTRALIAN WORKERS’ UNION, WEST AUSTRALIAN BRANCH, INDUSTRIAL UNION OF WORKERS, APPLICANT v. KALGOORLIE CONSOLIDATED GOLD MINES PTY LTD & OTHERS, RESPONDENTS CORAM COMMISSIONER S J KENNER DATE FRIDAY, 28 FEBRUARY 2003 FILE NO/S. APPLICATION 899A OF 2002 CITATION NO. 2003 WAIRC 07815 _________________________________________________________________________________________________________ 83 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 483 Result Variation of an award Representation Applicant Mr C Young Respondent Mr R Gifford as agent and Mr K Dwyer as agent _________________________________________________________________________________________________________ Order HAVING heard Mr C Young on behalf of the applicant and Mr R Gifford and Mr K Dwyer as agents on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby— (1) ORDERS that the AWU Gold (Mining and Processing) Award 1993, No. A1 of 1992 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 31 January 2003. (2) RECORDS by consent of the parties, the following— (a) The allowances at Clause 7. – Shift Work; Clause 16. - Wages; Clause 17. - Allowances of the award have been adjusted by consent for Arbitrated Safety Net Increases totalling $98.00 arising from the 1995-2002 State Wage Case decisions. The key classification award rate used was that for a “Mining Open Cut - Mining Employee Grade 3” prior to the awarding of 1995 Arbitrated Safety Net Increase - $370.30. (b) Meal allowances at Clause 9. – Rest Breaks and Recall to Work - All Employees of the award have been adjusted by consent for movements in CPI from the quarter ending June 1995 up to and including the quarter ending June 2002. The index used was CPI : Food : Meals out and Take-away Foods. (Sgd.) S. J. KENNER, [L.S.] Commissioner. _________ SCHEDULE 1. Clause 2. - Arrangement: Delete this Clause and insert in lieu thereof the following: 2. - ARRANGEMENT 1. Title 2. Arrangement 3. Term and Application 4. Area and Scope 5. Contract of Employment 6. Hours 7. Shift Work 8. Overtime 9. Rest Breaks and Recall to Work - All Employees 10. Saturday Work 11. Sunday and Holiday Work 12. Public Holidays 13. Leisure Days 14. Special Provisions for Cycle Working 15. Definitions 16. Wage Rates 17. Allowances 18. Employee Relieving in a Higher Capacity 19. Payment of Wages 20. Piece Work 21. Annual Leave 22. Sick Leave 23. Accident Pay 24. Re-Employment after an Accident 25. Inclement Weather 26. Bereavement Leave 27. Jury Service 28. Protective Clothing 29. First Aid 30. Representative Interviewing Employees 31. Time and Wages Record 32. Inspections 33. Recognised Crib Place 34. Long Service Leave 35. Redundancy 36. Maternity Leave 37. Structural Efficiency 38. Enterprise Flexibility 39. Consultation in the Workplace 484 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 83 W.A.I.G. 40. Disputes Procedure 41. Parties Bound To This Award 42. Supersession 43. Liberty to Apply Appendix 1 – Make Up of Total Wage Appendix 2 - Resolution of Disputes Requirements Appendix 3 - S.49B - Inspection Of Records Requirements 2. Clause 5. – Contract of Employment: Delete this Clause and insert in lieu thereof the following— 5. - CONTRACT OF EMPLOYMENT (1) Employment under this award may occur on the following basis— (a) (i) A casual employee is one who is engaged and paid as such. (ii) A casual employee is to be informed, in writing, that he or she is employed on a casual basis before he or she is engaged. (iii) A casual employee shall not be entitled to the benefit of Clause 12. - Public Holidays, Clause 13. - Leisure Days, Clause 21. - Annual Leave, Clause 22. - Sick Leave and Clause 27. - Jury Service. (iv) A casual employee shall be paid 20 per cent in addition to the rate prescribed by this Award for work performed. (b) Part time: part time employees are engaged as such and work less than an average of 8 hours per day or less than 5 consecutive days per week. Part time employees shall be paid per hour one fortieth of the weekly wage prescribed by the award. Entitlements to authorised leave of absence arising under this award shall be on the same proportion as the hours per week represent as a percentage of the average normal hours worked in a week by the part time employee. (c) Full time: full time employees are employees engaged as such who work 40 ordinary hours per week. (d) Temporary: temporary employees may work on a full time or part time basis for a limited or specified period of employment. Such employees are to be informed in writing prior to their engagement. The initial period of employment may be extended by agreement between the employer and the employee. If, due to circumstances beyond the control of the employer, it becomes necessary to shorten the period of employment, the employer shall be entitled to do so by giving the notice in accordance with subclause (4) of this clause. (e) Probationary employee: an employee may be engaged on a probationary basis provided the employee is advised in writing on engagement that employment is on a probationary basis for a defined period, not in excess of three months. (2) (a) The contract of service for employees covered by this award shall be by the day, where expressly agreed between the employer and employee on commencement of employment. (b) In the absence of such agreement, the contract of service shall be weekly. (c) Notwithstanding the provisions of subclause (b) hereof the employment contract can be in excess of one week. (3) It is a condition of employment that the employee perform such work as an employer requires from time to time on the days and during the hours usually worked by the employee and subject to the following conditions— (a) The employee shall perform such work within the employee’s skill, competence and training according to classification structure and the roster as the employer may require. (b) The employee shall work such overtime as required by the employer in addition to the rostered hours of duty. (c) The employee shall use such safety and protective clothing and equipment provided by the employer for specific circumstances as directed by the employer. (d) An employee not relieved as scheduled at the end of a shift shall continue to work until relieved or otherwise authorised by the employer to finish work provided that the employee will not be required to work unreasonable overtime. (e) Employees shall perform work to the level of their competence in accordance with the classification definitions, assist in the training or supervision of other employees as required by an employer, perform the task of any lower grouping, and be ready and willing to participate in training programmes applicable to operations of an employer. (4) Termination of Employment (a) Full time and Part time employees (i) Should an employer wish to terminate a full time or part time employee, the following period of notice shall be provided— Period of Notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks (ii) Employees over 45 years of age with 2 or more years’ continuous service at the time of termination, shall receive an additional week’s notice. (iii) Where the relevant notice is not provided, the employee shall be entitled to payment in lieu. Provided that employment may be terminated by part of the period of notice and part payment in lieu. (iv) Payment in lieu of notice shall be calculated using the employee’s weekly ordinary time earnings. (v) The period of notice in this clause shall not apply in the case of dismissal for serious misconduct, that is, misconduct of a kind such that it would be unreasonable to require the employer to continue the employment during the notice period. 83 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 485 (vi) Notice of termination by employee. Except in the first three months of service, one week’s notice shall be necessary for an employee to terminate his or her engagement or the forfeiture or payment of one week’s pay by the employee to the employer in lieu of notice. (vii) Probation. Notwithstanding plactum (i) of paragraph (a) of subclause 4 above, should an employer wish to terminate an employee still on probation, one day’s notice shall be given by either party, or one day’s pay in lieu shall be paid or forfeited. (b) Casual Employees: the employment of a casual employee may be terminated by one hour’s notice given by either party. (5) The employer shall provide a safe working environment, and all employees and parties to the award shall observe at all times regulations and rules in order to achieve an orderly and safe working environment. (6) An employer may dismiss an employee without notice for serious misconduct and in such cases, wages shall be paid up to the time of dismissal only. (7) An employee who, without prior notification to and the prior or subsequent approval of an employer, is absent from work for one week shall be deemed to have abandoned the employment contract. For the purpose of this subclause “one week” shall mean an unauthorised absence from work of seven consecutive days or five consecutive rostered shifts, whichever occurs first. In the case of employees on a daily contract of service an employee absent from work for two consecutive days without prior or subsequent approval of the employer shall be deemed to have abandoned the employment contract, and the contract of employment shall be deemed to have been terminated for neglect of duty from the start of the unauthorised absence. Where an employee has terminated in accordance with the provisions of this subclause, wages shall be paid up to and including the last day of work performed by the employee. (8) Except as provided in the leave related clauses of this award which authorise an employee to be absent from work with pay, an employee not attending for duty will not be paid for the time of absence. (9) The employer may deduct payment for any day an employee can not be usefully employed arising out of any cessation of operations, either wholly or partially due to industrial disputes, including any strike, bans or limitations, or arising out of any cause which is beyond the control of the employer. (10) Provided that an employee has not been notified on the preceding rostered work period or day, and the employee reports for duty, the employee shall be paid for a full shift except where, (a) The employee has been dismissed in accordance with the award; (b) Circumstances arise which are beyond the control of the employer. 3. Clause 7. - Shift Work: Delete subclause (2) of this Clause and insert in lieu thereof the following— (2) A shift employee, in addition to that employee’s ordinary rate of pay, shall be paid an additional flat payment of $10.10 per rostered afternoon or night shift. 4. Clause 9. - Rest Breaks and Recall to Work - All Employees: Delete subclause (4) of this Clause and insert in lieu thereof the following— (4) An employee who without notification on the prior day or shift is required to work overtime shall be supplied with a meal (or $8.60 in lieu) when that employee works more than one hour beyond the rostered ordinary hours of the day or shift. 5. Clause 16. - Wage Rates: Delete this Clause and insert in lieu thereof the following: 16. - WAGE RATES Classification and wage per week. (1) Underground Total Weekly Minimum Rate (includes Industry Allowance) $ Group 1 Trucker Toolcarrier Salvage Man Pass Runner 488.60 Group 2 Pipe Sampler Sampler Popper Machineman Diamond Drillers Assistant Air Hoist Operator Ventilation Man Pump Attendant (as distinct from Pumpman) Hydraulic Fill Operator 502.40 Group 3 Platelayer Train Crew Mechanical Loader Operator Scraper Hauler Operator Braceman 507.60 486 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 83 W.A.I.G. Underground Total Weekly Minimum Rate (includes Industry Allowance) Group 4 Scaler Pumpman (engaged dewatering a mine) 512.40 Group 5 Rock Drill Man in other places Rock Bolter Powder Monkey Percussion Drill Operator Sanitary Man Crusher Operator 520.40 Group 6 Rock Drill Man in Rises Rock Drill Man in Winzes Raise Drill Operator In-The-Hole-Hammer Operator Diamond Driller up to 15kw Timberman 529.20 Group 7 Rock Drill Man in Shaft Timberman in Shaft Diamond Driller over 15kw 537.50 Group 8 Diesel Truck and Loader Operator Diesel Personnel Carrier Operator 545.60 Group 9 Hydraulic Jumbo Drill Operator 558.30 (2) (a) Mining - Open Cut Total Weekly Minimum Rate (includes Industry Allowance) $ Mine Employee - Grade 1 Labourer Spotter Sampler 489.50 Mine Employee - Grade 2 Blast Crew Trainee - Mobile Plant Operator Serviceman Production Driller 511.90 Mine Employee - Grade 3 Trained - Mobile Plant Operator Serviceman Production Driller 554.10 Mine Employee - Grade 4 Shot Firer Skilled - Mobile Plant Operator Serviceman Production Driller 563.70 Mine Employee - Grade 5 Multiskilled 577.20 83 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 487 (b) Ore Processing Total Weekly Minimum Rate (includes Industry Allowance) $ Process Operator - Grade 1 481.80 Process Operator - Grade 2 498.80 Process Operator - Grade 3 515.30 Process Operator - Grade 4 531.10 Process Operator - Grade 5 563.70 Laboratory Laboratory Employee - Grade 1 481.80 Laboratory Employee - Grade 2 498.80 Laboratory Employee - Grade 3 515.30 Laboratory Employee - Grade 4 531.10 Laboratory Employee - Grade 5 563.70 (c) Mine Services Employees (MSE) Total Weekly Minimum Rate $ MSE - Grade 1 489.50 MSE - Grade 2 506.10 MSE - Grade 3 522.30 (3) 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. (4) Leading Hands In addition to the highest relevant wage rates for his or her classification an employee appointed as a leading hand shall be paid per week, the following— (a) In charge of not less than three and not more than ten other employees $18.10 (b) In charge of more than ten and not more than twenty other employees $27.30 (c) In charge of more than twenty employees $35.40 (5) Wage rates under this award may be adjusted in accordance with applicable decisions of the