WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS, APPLICANT v. GOLDFIELDS CONTRACTORS PTY LTD, RESPONDENT CORAM COMMISSIONER P E SCOTT DATE OF ORDER FRIDAY, 12 JULY 2002 FILE NO. APPLICATION 617 OF 2002 CITATION NO. 2002 WAIRC 05969 _________________________________________________________________________________________________________ Result Award varied _________________________________________________________________________________________________________ Order HAVING heard Ms L Dowden 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 under the Industrial Relations Act, 1979, hereby orders— THAT the Earth Moving and Construction Award (No. 10 of 1963) 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 28th day of June 2002. (Sgd.) P. E. SCOTT, [L.S.] Commissioner. _________ SCHEDULE 1. Clause 4A. – Definitions: Delete this clause and insert the following in lieu thereof— “Union” shall mean The Construction, Forestry, Mining and Energy Union of Workers. 2. Clause 31. – Site Allowance: Delete this Clause and insert the following in lieu thereof— The Construction, Forestry, Mining and Energy Union of Workers on behalf of its members may request an employer to consider a site allowance to compensate for all special factors and/or disabilities on a project. Where the parties have considered the merit of the claim and have agreed on a proposed rate, it shall be referred to the Commission for ratification. Where agreement cannot be reached, the parties shall refer the matter to the Commission which shall determine an appropriate rate, if any, to compensate for such special factors and/or disabilities. Provided however that the Commission may determine that such site allowance shall be paid in lieu of any of the special rates related to conditions on the site as prescribed in Clause 24. - Allowances and Special Provisions herein. The Commission shall ratify or determine such matters on the criteria outlined in the Full Bench decision of the Australian Conciliation and Arbitration Commission dated 25 February, 1983 (Print F1957). Where the procedure prescribed by this subclause is being followed, work shall continue normally. A site allowance determined in accordance with this clause shall be deemed to be prescribed by this award. 3. Schedule A – Parties to the Award: Delete this Schedule and insert the following in lieu thereof— The following organisation is party to this award— The Construction, Forestry, Mining and Energy Union of Workers ____________________ 2002 WAIRC 05970 ENGINE DRIVERS’ (BUILDING AND STEEL CONSTRUCTION) AWARD No. 20 of 1973