WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING, AND ALLIED WORKERS UNION OF AUSTRALIA, ENGINEERING & ELECTRICAL DIVISION, WA BRANCH AND THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION OF WORKERS – WESTERN AUSTRALIAN BRANCH, APPLICANTS v. FREMANTLE PORT AUTHORITY, THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, RESPONDENT CORAM COMMISSIONER J F GREGOR DATE TUESDAY, 4 MARCH 2003 FILE NO. APPLICATION 2007 OF 2002 CITATION NO. 2003 WAIRC 07838 _________________________________________________________________________________________________________ Result Award varied _________________________________________________________________________________________________________ Order WHEREAS on 4th March 2003 the Commission heard Mr C. Young on behalf of The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Mr L. Edmonds (of Counsel) for The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers – Western Australian Branch and there being no appearance for the Respondent who by consent move the Commission to vary the Engineering Trades (Fremantle Port Authority) Award 1968; and 690 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 83 W.A.I.G. WHEREAS the parties requested the Commission to record the following agreement— (a) The allowances at Clause 15. – Special Rates and Provisions and First Schedule - Wages of the award have been adjusted by consent for all Arbitrated Safety Net Increases totalling $108.00 arising from the State Wage Case decisions. The key classification award rate used was that for a ‘C10 Engineering Tradesperson Level 1’ prior to the awarding of the Arbitrated Safety Net Increase - $425.40. (b) Meal allowances at Clause 13. – Overtime of the award have been adjusted by consent for movements in CPI from the quarter ending June 1989 up to and including the quarter ending June 2002. The index used was CPI : Food : Meals out and Take-away Foods. NOW THEREFORE pursuant to the powers vested in it by the Industrial Relations Act, 1979, the Commission, hereby orders by consent— THAT the Engineering Trades (Fremantle Port Authority) Award 1968be varied in accordance with the following Schedule and that such variation shall have effect from the first pay period on or after 4 March 2003. (Sgd.) J. F. GREGOR, [L.S.] Commissioner. _________ SCHEDULE 1. Clause 13. – Overtime— A. Delete subclause (3)(a) of this clause and insert in lieu the following— (3) (a) Subject to the provisions of this subclause, a worker who commences to work overtime at or after the usual ceasing time and before the usual starting time— (i) Shall, if the overtime continues beyond 6.00 p.m. and is continuous with the day’s work, be supplied with a meal by the employer or be paid $13.00 for a meal and if, owing to the amount of overtime worked, a second or subsequent meal is required, the employee shall be supplied with each such meal by the employer or be paid $7.90 for each meal so required. (ii) An employee who commences to work overtime before the usual starting time shall, if the overtime exceeds one hour and is continuous with the day’s work, be supplied with a meal by the employer or be paid $13.00 for a meal and if, owing to the amount of overtime worked a second or subsequent meal is required, the employee shall be supplied with each such meal by the employer or be paid $7.90 for each meal so required. (iii) The continuity of the work shall not be deemed to have been interrupted by any meal break allowed within the period referred to, but no such meal period shall be paid for. (iv) Provided that the meal time referred to in sub-paragraph (ii) of this paragraph shall not apply where a full meal hour is allowed and provided further, this clause shall not apply to workers standing by cargo handling machinery during ship working operations. B. Delete subclause (4) of this clause and insert in lieu the following— (4) An employee required to work continuously from 12.00 midnight to 6.00 a.m. and ordered back to work at 7.30 a.m. the same day, shall be paid $8.00 for breakfast. 2. Clause 15. – Special Rates and Provisions: Delete this clause and insert in lieu the following— (1) Dirt Money— Dirt money of 40 cents per hour shall be paid as follows— To employees employed on— (a) Stripping or dismantling cranes, fork lifts, tow motors, repairs to slewing gear or machinery bases of cranes, changing or lubricating crane hoist and derricking wires, servicing fork lift slides and lifting chains, repairs to clutches, gear boxes and differentials of mobile equipment. (b) Cutting or welding rails coated with tar. (c) Any other work of an unusually dirty nature. Where agreement cannot be reached by the foreperson and the shop steward as to the application of paragraph (c) of this subclause, the matter may be referred to a Board of Reference for determination. (2) Height Money— A employee shall be paid an allowance of $1.90 for each day of which they work at a height of 15.5 metres or more above the nearest horizontal plane, provided that where work is carried out on the jibs of quay cranes which cannot be performed from the platform of the driver’s cabin, an allowance of $3.15 per day shall be paid in lieu of the $1.90. (3) 48 cents per hour extra shall be paid to any employee employed in any place, the dimensions of which necessitate the employee having to work in a stooped or cramped position, or where confinement within limited space is productive of unusual discomfort. (4) Floating Plant— (a) For work on bilges or on tailshafts inside any vessel, 76 cents per hour extra shall be paid and such extra payment shall be in lieu of and not in addition to dirt money and confined space money. (b) 48 cents per hour extra shall be paid to employees overhauling diesel engines installed in any vessel or pontoon. (5) Servicing Buoys etc— Employees engaged in the maintenance or servicing of beacons erected in the water and buoys while afloat shall be paid $3.20 per day. (6) Steam Cleaning— Employees operating steam cleaning machines shall be paid 40 cents per hour. (7) Obnoxious Cargoes: An employee, when they are performing duties which bring them into contact with obnoxious cargoes, carrying in the case of waterside employees an extra rate, or where working in the vicinity of such cargoes while being handled by waterside employees and in such case is subject to the same disability as the waterside employees, shall be paid the extra rate in addition to the rate otherwise applicable to them. 83 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 691 (8) Any employee, when working in water over boots, or if gum boots are supplied, over the gum boots, shall be paid an allowance of $1.05 per day. (9) Zinc Spraying— (a) Employees engaged in spraying zinc coating on vessels shall be paid 48 cents an hour extra. (b) Employees engaged in spraying zinc coating on vessels whilst working in confined spaces shall be paid 74 cents an hour extra. (10) When an employee is required to hold a licence under the Police Traffic Act for the purpose of driving vehicles during the course of their duties and the employee does not require a licence or additional endorsement for their own purpose, the fees payable for such licence or endorsement shall be paid by the employer. 3. First Schedule – Wages— A. Part I: Delete subclause (1)(a) of this Part and insert in lieu the following— (1) (a) Subject to this Schedule, an adult employee in a classification specified in the table set out in subclause (2) of this Part (other than an apprentice) shall be paid at the respective award wage rate per week assigned to that class of work. An employee’s award rate of pay is inclusive of the base rate of pay and the supplementary payment. The total rate of pay is inclusive of the base rate, supplementary payment and additional payment, where applicable. The all purpose hourly rate for this award shall be 1/38th of the total prescribed herein. Classification Base Rate $ Supple- mentary Payment $ Additional Payment $ Arbitrated Safety Net Adjustment $ Total Wage Per Week $ Engineering Tradesperson C 8 - Level 3 391.90 55.80 6.30 108.00 562.00 After 1st Year of Service 391.90 55.80 11.90 108.00 567.60 After 2nd Year of Service 391.90 55.80 16.20 106.00 569.90 C 9 - Level 2 374.10 53.20 3.90 108.00 539.20 After 1st Year of Service 374.10 53.20 9.10 108.00 544.40 After 2nd Year of Service 374.10 53.20 13.20 108.00 548.50 C10 - Level 1 356.30 50.70 18.40 108.00 533.40 After 1st Year of Service 356.30 50.70 23.40 108.00 538.40 After 2nd Year of Service 356.30 50.70 27.70 108.00 542.70 EngineeringEmployee C11 - Level 4 329.20 46.80 - 106.00 482.00 After 1st Year of Service 329.20 46.80 - 106.00 482.00 After 2nd Year of Service 329.20 46.80 1.50 106.00 483.50 C12 - Level 3 311.40 44.30 5.30 106.00 467.00 After 1st Year of Service 311.40 44.30 9.70 106.00 471.40 After 2nd Year of Service 311.40 44.30 13.10 106.00 474.80 C13 - Level 2 292.20 41.60 20.30 106.00 460.10 After 1st Year of Service 292.20 41.60 24.30 106.00 464.10 After 2nd Year of Service 292.20 41.60 28.00 106.00 467.80 B. Part I: Delete subclause (3) of this Part. C. Part II: Delete this Part and insert in lieu the following— Disability Allowance: $3.40. This allowance shall not be payable to an employee for any week in which they are employed for the major portion of the time in a workshop. D. Part III: Delete this Part and insert in lieu the following— Leading Hands: A tradesperson placed in charge of other employees shall, in addition to the ordinary rate, be paid— (1) $20.30 per week when in charge of not less than 3 and not more than 10 employees. (2) $31.10 per week when in charge of more than 10 and not more than 20 employees. (3) $40.00 per week when in charge of more than 20 other employees. E. Part VI: Delete subclause (1) of this Part and insert in lieu the following— (1) Where an employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that tradesperson or apprentice in the performance of work as a tradesperson or as an apprentice, the employer shall pay a tool allowance of— (a) $11.30 per week to such tradesperson; or (b) in the case of an apprentice a percentage of $11.30, being the percentage which appears against his/her year of apprenticeship in Part V of this Schedule, for the purpose of such tradesperson or apprentice supplying and maintaining tools ordinarily required in the performance of his/her work as a tradesperson or apprentice. F. Part VII: Delete this Part and insert in lieu the following— Licence Allowance— 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” Grade 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 $15.70 per week. ____________________ 692 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 83 W.A.I.G. 2003 WAIRC 07835 ENGINEERING TRADES (GOVERNMENT) AWARD, 1967 Nos. 29, 30 & 31 of 1961 and 3 of 1962