WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING, AND ALLIED WORKERS UNION OF AUSTRALIA, ENGINEERING & ELECTRICAL DIVISION, WA BRANCH & ANOTHER, APPLICANT v. WESTERN MINING CORPORATION RESOURCES LIMITED AND OTHERS, RESPONDENT CORAM COMMISSIONER S J KENNER DATE TUESDAY, 14 MAY 2002 FILE NO/S. APPLICATION 1897 OF 2001 CITATION NO. 2002 WAIRC 05569 _________________________________________________________________________________________________________ 1004 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 82 W.A.I.G. Result Award Varied Representation Applicant Mr C Young on behalf of the CEPU Ms F Bennett on behalf of the AFMEPKIU Respondent Mr R Gifford as agent _________________________________________________________________________________________________________ Order HAVING heard Mr C Young on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch and Ms F Bennett on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch and Mr R Gifford as agent on behalf of the respondents and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby— 1. ORDERS that the Gold Mining Engineering and Maintenance Award No. 26 of 1947 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 3 May 2002. 2. NOTES that the allowances at Clause 5. – Classification Structure and Rates of Pay, Clause 8. – Overtime (Other than Continuous Shift Employees), Clause 9. – Continuous Shift Employees, Clause 14. – Shifts, Clause 19. – Special Rates & Provisions, Schedule I – District Allowances, Appendix 1 – Kalgoorlie Consolidated Gold Mines Pty Ltd of the award, have been varied by consent for arbitrated safety net increases totalling $56.00 arising from the 1998-2001 State Wage Case decisions in accordance with the furnishings trades formula referred to in Principle 5 of the Commission’s Wage Fixing Principles. The key classification award rate used for these purposes was the Maintenance Tradesperson Level 1 prior to the awarding of the Arbitrated Safety Net Increases - $397.10. (Sgd.) S. J. KENNER, [L.S.] Commissioner. _________ SCHEDULE 1. Clause 5. - Classification Structure And Rates of Pay: Delete subclauses (3), (4) and 7 of this Clause and insert in lieu thereof the following— (3) Industry Allowance— (a) Each employee shall be paid an allowance of $81.00 per week. (b) The allowance recognises, and is in payment for, all aspects of work in the industry including the location and nature of individual operation within it. (c) The allowance shall be paid in addition to the weekly wage rates contained in subclause (1) of this clause and shall be paid for all purposes of the award. (4) Leading Hands— In addition to the weekly wage prescribed for an employee’s classification, a Leading Hand shall be paid the following— $ (a) If in charge of not less than three and not more than ten other employees 17.60 (b) If in charge of more than ten and not more than 20 employees 26.40 (c) If in charge of more than 20 employees 34.30 (7) Tool Allowance— (a) 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— (i) $10.60 per week to such tradesperson; or (ii) in the case of an apprentice a percentage of $10.60, being the percentage which appears against the year of apprenticeship in subclause (5) of this clause, for the purpose of such tradesperson or apprentice supplying and maintaining tools ordinarily required in the performance of work as a tradesperson or as an apprentice. (b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary weekly wage prescribed in this clause. (c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments. (d) A tradesperson or apprentice shall replace or pay for any tools supplied by his employer if lost through the employees negligence. 2. Clause 8. - Overtime (Other Than Continuous Shift Employees): Delete subclause (6) of this Clause and insert in lieu thereof the following— (6) When an employee without being notified on the previous day, is required to continue working after the usual knock-off time for more than one hour, or (in the case of a day employee) after 5.30pm, whichever is the latter, such employee shall be provided with any meal required or be paid $5.98 in lieu thereof. 82 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1005 3. Clause 9. - Continuous Shift Employees: Delete subclause (6) of this Clause and insert in lieu thereof the following— (6) When an employee without being notified on the previous day, is required to continue working after the usual knock-off time for more than one hour, or (in the case of a day employee) after 5.30pm, whichever is the latter, such employee shall be provided with any meal required or be paid $5.98 in lieu thereof. 4. Clause 14. - Shifts: Delete subclause (2) of this Clause and insert in lieu thereof the following— (2) In addition to his/her ordinary rate, a shift worker shall be paid per shift of eight hours at the rate of $9.75 when on afternoon or night shift. 5. Clause 19. - Special Rates & Provisions: Delete subclauses (1), (3), (4), (6), (7), (8), (10), and (11) and insert in lieu thereof the following— (1) Height Money— Tradespersons and welders engaged on the surface in the erection, repair and/or maintenance of steel frame buildings, smoke stacks, bridges or similar structures at a height of 15.5 meters or more above the nearest horizontal plain, shall be paid at the rate of $1.88 per shift extra. (3) Dirt Money Employees employed in dirty work or in wet places shall be paid 39 cents per hour extra. (4) A fitter or other tradesperson, not specially employed as a welder, who, in addition to being employed in the employees classification is also required to do welding, shall be entitled to received 30 cents per day extra whilst so engaged. (6) Heat Money— (a) Employees employed for more than one hour in the shade where the artificial temperature is between 46.1o and 51.6o Celsius shall be paid 39 cents per hour extra. (b) Employees employed for more than one hour where the artificial temperature exceeds 51.6o Celsius shall be paid 47 cents per hour extra. Where work continues for more than two hours in temperatures exceeding 51.6o Celsius, employees shall be entitled to 20 minutes rest after every two hours, without deduction of pay. (7) Confined Space— Employees employed in confined spaces as hereinafter defined shall be paid 47 cents per hour extra. “Confined Space” means a working space, the dimensions of which necessitate working continuously in a stooped or otherwise cramped position, or without proper ventilation, or where confinement within a limited space is productive of unusual discomfort. (8) Fumes— Employees engaged on repair work to the roasters under circumstances subjecting them to serious inconvenience from fumes shall be entitled to payment of 24 cents per hour extra, with a minimum of 48 cents, while so engaged. (10) Any person appointed by the employer to perform first aid duties shall be paid an allowance of $1.76 per day or shift (flat). (11) A tradesperson who holds and, in the course of employment may be required to use a current “A” or “B” Grade license 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 $16.12 per week. 6. Schedule I - District Allowances: Delete this Clause and insert in lieu thereof the following— SCHEDULE I - DISTRICT ALLOWANCES (1) In addition to the wages prescribed in clause 5. - Classification Structure and Rates of Pay of this award, the following allowances shall be paid for five days per week to workers employed in the districts which are hereinafter respectively described, with the exception of districts contained therein which are situated within a radius of ten miles of Kalgoorlie, Coolgardie and Southern Cross, viz— (a) First District— Lying south of Kalgoorlie and comprised within lines starting from Kalgoorlie, then West-South-West to Woolgangie, thence South-East to Dundas, thence North-East to a point ten miles east of Karonie on the Trans-Australian line, and thence back to Kalgoorlie, at the rate of 65 cents per week extra for those mines within ten miles of the railway and 91 cents per week for those outside. (b) Second District— Starting from Kalgoorlie West-South-West to Woolgangie, thence North-Nor-West to the intersection of the 120 E. meridian with the 30 S. parallel of latitude, thence North-East by East to Kookynie, thence back to the point 10 miles East of Karonie on the Trans-Australian line, and thence back to Kalgoorlie; at the rate of 88 cents per week extra for those mines within ten miles of the railway and $1.03 per week for those outside. (c) Third District Starting from and including Kookynie, then North by West to Kurrajong thence North-East to Stone’s Soak, -thence South-East to and including Burtville-thence South-West through Pindinnie to Kookynie, at the rate of 86 cents per week extra for those mines within ten miles of the railway and $1.05 per week for those outside. (d) Fourth District— Surrounding Southern Cross within a radius of thirty miles - for those mines outside a radius of ten miles from Southern Cross, including Westonia and Bullfinch, at the rate of 32 cents per week. (e) Fifth District— Comprising all mines not specifically defined in the foregoing boundaries, but within the area comprised within the 24th and 26th parallels of latitude at the rate of $1.51 per week. 1006 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 82 W.A.I.G. (2) Notwithstanding anything herein contained, the following allowances shall be paid in the districts or mines mentioned hereunder: Per Week $ Ora Banda and Waverley Districts 0.88 Yalgoo District 0.88 Meekatharra, Mt. Magnet and Cue Districts 1.06 Wiluna District 1.26 Youanmi District 1.26 Cox’s Find Gold Mine 1.12 Corduroy Gold Mine and Mines within ten miles radius therefrom 1.51 Lallah Rooke Gold Mine, Halley’s Comet Gold Mine, Prophecy Gold Mine, and mines within ten miles radius therefrom 1.88 Mayfield District 0.88 Evanston District 1.26 With regard to the Meekatharra, Mt. Magnet, Cue, Yalgoo and Wiluna Districts, an additional allowances at the rate of 19 cents per week shall be paid to workers employed at mines situated five miles from a Government railway. With regard to the Big Bell Gold Mine, the Triton Gold Mine, and Cox’s Find Gold Mine, the sum of 19 cents per week may be deducted from the district allowance which would otherwise be paid. (3) In the case of any mine or district within the area to which this award applies which is not dealt with under the provisions of this Schedule, the union may apply to the Court at any time for the purpose of having an allowance prescribed upon serving upon the employer concerned fourteen days’ notice thereof prior to the date of such application, the service of such notice shall be made pursuant to the provisions relating thereto prescribed by the regulations under the Industrial Arbitration Act, 1979. 7. APPENDIX 1- Kalgoorlie Consolidated Gold Mines Pty Ltd— A. Clause 6. - Allowances: Delete this Clause and insert in lieu thereof the following— 6. - ALLOWANCES In lieu of the allowances otherwise expressed in Clause 5. - Wages, Clause 8. - Overtime. Clause 9. - Continuous Shift Workers, Clause 14. - Shifts, Clause 20. - Special Rates and Provisions, the following allowances shall be paid— $ Clause 5. - Wages— Subclause (2) - Leading Hand Allowance (i) 17.60 (ii) 26.40 (iii) 34.30 Subclause (5)(a) - Tool Allowance (i) 10.60 (ii) 10.60 Clause 8. - Overtime— Subclause (6) - Meal Allowance 5.98 Clause 9. - Continuous Shift Workers— Subclause (6) - Meal Allowance 5.98 Clause 14. - Shifts— Subclause (2) - Shift Allowance 9.75 Clause 19. - Special Rates and Provisions Subclause (1) - Height Money 1.88 Subclause (3) - Dirt Money 0.39 Subclause (4) - Welding Money 0.30 Subclause (6) - Heat Money (a) 0.39 (b) 0.47 Subclause (7) - Confined Space Money 0.47 Subclause (8) - Fumes Money 0.48 B Clause 7. - Additional Payment: Delete this Clause and insert in lieu thereof the following— 7. - ADDITIONAL PAYMENT In addition to the wage rates set out in Clause 5 hereof, an amount of $81.00 per week shall be payable for all purposes of the award. 82 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1007 AWARDS/AGREEMENTS—Application for variation of— No variation resulting— 2002 WAIRC 05638 ENGINE DRIVERS’ (NICKEL MINING) AWARD 1968 No. 37 of 1968