WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION, WESTERN AUSTRALIAN BRANCH, APPLICANT v. SCM CHEMICALS LIMITED, RESPONDENT CORAM CHIEF COMMISSIONER W S COLEMAN DELIVERED TUESDAY, 8 JANUARY 2002 FILE NO. APPLICATION 971 OF 2001 CITATION NO. 2002 WAIRC 04566 _________________________________________________________________________________________________________ Result Award varied _________________________________________________________________________________________________________ Order HAVING heard Ms D MacTiernan on behalf of the applicant and there being no appearance on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the Titanium Oxide Manufacturing Award 1975 (No. 8 of 1975) 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 the 8th day of January 2002. (Sgd.) W. S. COLEMAN, [L.S.] Chief Commissioner. _________ SCHEDULE 1. Clause 9. – Meal Money: Delete this Clause and insert the following in lieu thereof— A worker required to work overtime for more than two hours without being notified on the previous day or earlier that he will be so required to work, shall be provided with any meal required or paid $7.10 in lieu thereof. If the amount of overtime required to be worked necessitates a second or subsequent meal the employer shall, unless he has previously notified the worker or workers concerned the day before or earlier that such second or subsequent meal will also be required, provide such meal or pay an amount of $5.00 for each second or subsequent meal. 310 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 82 W.A.I.G. No such payment need be made to workers living in the same locality as their workshops who can reasonably return home for such meals. If a worker in consequence of receiving such notice, has provided himself with a meal or meals and is not required to work overtime, or is required to work less overtime than notified, he shall be paid the amounts above prescribed in respect of the meals not then required. 2. Clause 16. – Extra Rates and Conditions: Delete subclause (2) of this Clause and insert the following in lieu thereof— (2) Dirty work: workers engaged on cleaning - from the inside - acid, settling, or agitating tanks, or on work of an unusually dirty or offensive nature shall be paid 31 cents per hour extra. 3. Clause 21. – Wages: Delete subclause (2) of this Clause and insert the following in lieu thereof— 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. (1) The minimum weekly rates of wage payable to employees covered by this award shall be— $ PER WEEK ASNA TOTAL (a) General Hand: First Year 298.10 88.00 386.10 Thereafter 301.80 88.00 389.80 (b) Plant Operators: First Year 298.10 88.00 386.10 Thereafter 301.80 88.00 389.80 (c) Mobile Plant Operator: 311.10 88.00 399.10 (d) Senior Plant Operator: 317.10 88.00 405.10 (e) Leading Hand Plant Operator: 329.60 88.00 417.60 (f) Senior Leading Hand: 343.80 88.00 431.80 ____________________ 2002 WAIRC 04545 TRAINING ASSISTANTS’ AND COMMUNITY SUPPORT STAFF (CEREBRAL PALSY ASSOCIATION) AWARD 1987 No. A16 of 1986