WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION OF WORKERS - WESTERN AUSTRALIAN BRANCH, APPLICANT v. ARCUS AUSTRALIA PTY LTD, BAKER A.J. & SON PTY LTD, BRADFORD INSULATION, RESPONDENTS CORAM COMMISSIONER J F GREGOR DATE FRIDAY, 22 AUGUST 2003 FILE NO. APPLICATION 893 OF 2003 CITATION NO. 2003 WAIRC 09105 _________________________________________________________________________________________________________ Result Award varied _________________________________________________________________________________________________________ 3096 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 83 W.A.I.G. Order HAVING heard Mr D. Hicks on behalf of the Applicant and Mr P. Moss 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 Sheet Metal Workers’ Award No. 10 of 1973 be amended in accordance with the following schedule and that such variation shall have effect from the first pay period on or after 22 August 2003. (Sgd.) J. F. GREGOR, [L.S.] Commissioner. _________ SCHEDULE 1. Clause 6. – Wages and Supplementary Payment: Delete subclauses (4) – (6) of this clause and insert in lieu the following— (4) Apprentices - Wage per week expressed as a percentage of the award rate for a Level C10 classification— Five Year Term % First Year 40 Second Year 48 Third Year 55 Fourth Year 75 Fifth Year 88 Four Year Term First Year 42 Second Year 55 Third Year 75 Fourth Year 88 Three and a Half Year Term First Six Months 42 Next Year 55 Next Year 75 Final Year 88 Three Year Term First Year 55 Second Year 75 Third Year 88 (5) Construction Allowance— (a) In addition to the appropriate rates of pay prescribed in this clause, a worker shall be paid— (i) $37.20 per week if engaged on the construction of a large industrial undertaking or any large civil engineering project. (ii) $33.40 per week if engaged on a multistorey building, but only until the exterior walls have been erected and the windows completed and a lift made available to carry the employee between the ground floor and the floor upon which he/she is required to work. A multistorey building, when completed, will consist of at least five storeys. (iii) $19.70 per week if engaged otherwise on construction work falling within the definition of construction work in Clause 3. - Definitions of this award. (b) Any dispute as to which of the aforesaid allowances apply to particular work shall be determined by the Board of Reference. (c) An allowance paid under this subclause includes any allowance otherwise payable under Clause 7. - Special Rates and Provisions of this award, except the allowance for work at heights. (6) Leading Hands— In addition to the appropriate total wage prescribed in this clause, a leading hand shall be paid— $ (a) If placed in charge of not less than three and more than 10 other employees 21.00 (b) If placed in charge of more than 10 and not more than 20 other employees 32.20 (c) If placed in charge of more than 20 other employees 41.60 2. Clause 7. – Special Rates and Provisions: Delete subclauses (1) – (9) inclusive of this clause and insert in lieu the following— (1) Height Money— An employee shall be paid an allowance of $2.05 for each day work is carried out at a height of 15.5 metres or more above the nearest horizontal plane, but this provision does not apply to linespersons nor to riggers and splicers on ships or buildings. (2) Dirt Money— An employee shall be paid an allowance of 43 cents per hour when engaged on work of an unusually dirty nature where clothes are necessarily unduly soiled or damaged or boots are unduly damaged by the nature of the work done. 83 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3097 (3) Grain Dust— Where any dispute arises at a bulk grain handling installation due to the presence of grain dust in the atmosphere and the Board of Reference determines that employees employed under this award are unduly affected by that dust, the Board may, subject to such conditions as it deems fit to impose, fix an allowance or allowances not exceeding 71 cents per hour. (4) Confined Space— An employee shall be paid an allowance of 51 cents per hour when, because of the dimensions of the compartment or space where work is being performed, such employee is required to work in a stooped or otherwise cramped position or without proper ventilation. (5) Hot Work— An employee shall be paid an allowance of 43 cents per hour when working in the shade in any place where the temperature is raised by artificial means to between 46.1° and 54.4° celsius. (6) (a) Where, in the opinion of the Board of Reference, the conditions under which work is to be performed are, by reason of excessive heat, exceptionally oppressive, the Board may— (i) fix an allowance, or allowances, not exceeding the equivalent of half the ordinary rate; (ii) fix the period (including a minimum period) during which any allowance so fixed is to be paid; and (iii) prescribe such other conditions, relating to the provision of protective clothing or equipment and the granting of rest periods, as the Board sees fit. (b) The provisions of paragraph (a) of this subclause do not apply unless the temperature in the shade at the place of work has been raised by artificial means beyond 54.4 degrees celsius. (c) An allowance fixed pursuant to paragraph (a) of this subclause includes any other allowance which would otherwise be payable under this clause. (7) Percussion Tools: An employee shall be paid an allowance of 25 cents per hour when working a pneumatic rivetter of the percussion type and other pneumatic tools of the percussion type. (8) Chemical, Artificial Manure and Cement Works— An employee, other than a general labourer, in chemical, artificial manure and cement works shall, in respect of all work done in and around the plant outside the machine shop, be paid an allowance calculated at the rate of $10.50 per week. The allowance shall be paid during overtime but shall not be subject to penalty additions. An employee receiving this allowance is not entitled to any other allowance under this clause. (9) Abattoirs and Tallow Rendering Works— An employee employed in and about an abattoir or in a rendering section of a tallow works shall be paid an allowance calculated at the rate of $13.90 per week. The allowance shall be paid during overtime but shall not be subject to penalty additions. An employee receiving this allowance is not entitled to any other allowance under this clause. 3. Clause 8. – Overtime: Delete paragraph (f) of subclause (3) of this clause and insert in lieu the following— (f) Subject to the provisions of paragraph (g) of this subclause, an employee required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid $8.80 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 such meal by the employer or be paid $6.00 for each meal so required. 4. Clause 23. – Fares and Travelling Time: Delete subclause (2) of this clause and insert in lieu the following— (2) An employee, to whom subclause (1) of this clause does not apply and who is engaged on construction work, shall be paid an allowance in accordance with the provisions of this subclause to compensate for excess fates and travelling from the employee’s home to his/her place of work and return— (a) On places within a radius of 30 kilometres from GPO Perth - $2.10 per day. (b) For each additional kilometre up to 53 kilometres - 8 cents per kilometre. (c) Subject to the provisions of paragraph (d) hereof, work performed at places beyond 53 kilometres from the GPO Perth shall be deemed to be outside work unless the employer and the employees, with the consent of the Union, agree in any particular case that the travelling allowance for such work shall be paid under this clause, in which case an additional allowance of 12 cents per kilometre shall be paid for each kilometre in excess of 53 kilometres. (d) In respect to work carried out from an employer’s depot situated more than 53 kilometres from the GPO Perth, the main Post Office in the town in which such depot is situated is substituted as the centre for the purpose of calculating the allowance to be paid to employees as follows— (i) On places of work within a radius of three kilometres from such Post Officer - Nil. (ii) On places of work beyond a radius of three kilometres but within a radius of 21 kilometres from such Post Officer - $2.10 per day. (iii) For each additional kilometre up to 53 kilometres - 8 cents per kilometre. 5. Clause 24. – Car Allowance: Delete subclause (2) of this clause and insert in lieu the following— (2) Where a worker in the course of a journey travels through two or more of the separate areas, payment at the rates prescribed herein shall be made at the appropriate rate applicable to each of the separate areas traversed. Rates of Hire for Use of Worker’s Own Vehicle on Employer’s Business - Cents per kilometre. 1. South of 26 degrees south latitude— Area and Details— Metropolitan area 50 cents South West Land Division 53 cents Other areas 55 cents 2. North of 26 degrees south latitude— All areas 61 cents 3098 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 83 W.A.I.G. 6. Clause 25. – Distant Work: A. Delete subclause (6) of this clause and insert in lieu the following— (6) An employee to whom the provisions of subclause (1) of this clause apply shall be paid an allowance of $22.40 for any weekend that he/she returns to his/her home from the job, but only if— (a) the employer or his/her agent is advised of the intention not later than the Tuesday immediately preceding the weekend in which the employee so returns; (b) the employee is not required for work during that week-end; (c) the employee returns to the job on the first working day following the week-end; and (d) the employer does not provide, or offer to provide, suitable transport. B. Delete subclause (7) of this clause and insert in lieu the following— (7) Where an employee, supplied with board and lodging by his/her employer, is required to live more than 800 metres from the job, he/she shall be provided with suitable transport to and from that job or be paid an allowance of $9.85 per day, provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess travelling time shall be paid for at ordinary rates, whether or not suitable transport is supplied by the employer. ____________________ 2003 WAIRC 09108 VEHICLE BUILDERS’ AWARD 1971 No. 9 of 1971