WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. PARTIES COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING, AND ALLIED WORKERS UNION OF AUSTRALIA, ENGIN & ELECT DIV, WA BRANCH, APPLICANT v. WESTERN MINING CORPORATION RESOURCES LIMITED & OTHERS, RESPONDENT CORAM CHIEF COMMISSIONER W S COLEMAN DELIVERED TUESDAY, 28 NOVEMBER 2000 FILE NO/S APPLICATION 1295 OF 2000 CITATION NO. 2000 WAIRC 01400 _______________________________________________________________________________ Result Award varied Representation Applicant Mr C Young Respondent Mr R Gifford _______________________________________________________________________________ Order. HAVING heard Mr C Young on behalf of the Applicant and Mr R Gifford on behalf of the respondents, and by consent, the Commission, being satisfied that the claim complies with the terms of the General Order of the Commission No. 654 of 2000, dated 17 July 2000, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders— THAT the Building and Engineering Trades (Nickel Mining Processing) Award No. 20 of 1968 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 23rd day of No- vember 2000. FURTHERMORE, the Commission by consent of the parties, records the following— (a) The allowances at Clause 11.—Shift Work, Clause 25.—First Aid, Clause 30.—Special Rates and Provisions, Clause 44.—Rates of Pay and Classification Definitions and First Schedule—District Allowances of the award, have been adjusted by consent for Arbitrated Safety Net Increases totalling $41.00 arising from the 1998, 1999 and 2000 State Wage Case decisions. The key classification award rate used was that for an ‘Engineering Em- ployee Grade 3’ prior to the awarding of 1998 Arbitrated Safety Net Increase—$432.40. (b) Meal allowances at Clause 8.—Overtime (Other Than Continuous Shift Workers) and Clause 9.—Continuous Shift Workers of the award, have been adjusted by consent for movements in CPI from the quarter ending June 1996 up to and including the quarter end- ing June 2000. The index used was ‘CPI : Food : Meals out and Take-away Foods : Total’. (Sgd.) W.S. COLEMAN, [L.S.] Chief Commissioner. Schedule. 1. Clause 8.—Overtime (Other Than Continuous Shift Work- ers): 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, such employee shall be provided with a suitable meal by the employer or be paid $5.98 in lieu thereof. 2. Clause 9.—Continuous Shift Workers: Delete subclause (7) of this Clause and insert in lieu thereof the following— (7) 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, such employee shall be provided with a suitable meal by the employer or be paid $5.98 in lieu thereof. 3. Clause 11.—Shift Work: Delete subclause (2) of this Clause and insert in lieu thereof the following— (2) A shift employee shall, in addition to their ordinary rate, be paid per shift of eight hours at the rate of $9.36 when on afternoon or night shift. Liberty is reserved to either party to apply to amend this subclause in the event of any variation in shift loadings generally. 4. Clause 25.—First Aid: Delete subclause (4) of this Clause and insert in lieu thereof the following— (4) Any first aid person appointed by the employer to perform first aid duties shall be paid an allowance of $1.20 per shift in addition to their ordinary rate of pay. 5. Clause 30.—Special Rates and Provisions: Delete this clause and insert in lieu thereof the following— (1) Engineering Trades— (a) 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 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 5523 80 W.A.I.G. a height of 15.5 metres or more above the near- est horizontal plane shall be paid at the rate of $1.04 per shift extra. (b) (i) Goggles, glasses and gloves or other efficient substitutes therefore shall be available for the personal use of any employee engaged in welding. (ii) Every employee shall sign an acknowl- edgement on receipt thereof and on leaving employment shall return same to the employer. (iii) During the time the same are on issue to the employee, he/she shall be re- sponsible for any loss or damage thereto, fair wear and tear attributable to ordinary use excepted. (iv) No employee shall lend another em- ployee the goggles, glasses or gloves or substitutes issued to such first men- tioned employee, and if the same are lent, both the lender and the borrower shall be deemed guilty of wilful mis- conduct. (v) Before goggles, glasses or gloves or any substitutes which have been used by a employee are re-issued by the employer to another employee, they shall be effectively sterilised. (c) Dirt Money— Employees employed on dirty work or in wet places, shall be paid 22 cents per hour extra. (d) Employees in very wet places shall be pro- vided with oilskin coats and rubber boots. (e) Heat Money— (i) Employees employed for more than one hour in the shade where the artifi- cial temperature is between 46° and 55° Celsius shall be paid 22 cents per hour extra. (ii) Employees employed for more than one hour where the artificial tempera- ture exceeds 55° Celsius shall be paid 26 cents per hour extra. Where work continues for more than two hours in temperatures exceeding 55° Celsius, employees shall be entitled to twenty minutes’ rest after every two hours, without deduction of pay. (f) Confined Space— Employees employed in confined spaces as hereinafter defined, shall be paid 28 cents per hours extra. “Confined space” means a work- ing space the dimensions of which necessitate a employee working continuously in a stooped or otherwise cramped position, or without proper ventilation or where confinement within a limited space is productive of unu- sual discomfort. (g) Fumes— Employees engaged on repair work to the roasters, under circumstances subjecting them to serious inconvenience from fumes, shall be entitled to payment of 27 cents per hour ex- tra, with a minimum of 30 cents while so engaged. (g) Explosive Powered Tools— A employee required to use an explosive pow- ered tool shall be paid 13 cents per hour extra. (h) Special Rates Not Cumulative— Where more than one of the disabilities enti- tling a employee to extra rates exists on the same job, the employer shall be bound to pay only one rate, namely—the highest for the disabilities so prevailing. Provided that this subclause shall not apply to Confined Space, Dirt Money, Height Money, or Heat Money, the rates for which are cumulative. (i) An Electrician—Special Class, an Electrical Fitter and/or Armature Winder or an Electrical Installer who holds and in the course of their em- ployment may be required to use a current “A” grade or “B” grade licence issued pursuant to the relevant regula- tion in force on the 28th day of February, 1978 under the Electricity Act, 1945 shall be paid an allowance of $14.23 per week. (2) Building Trades— (a) Wet and Dusty Places— A employee employed in places where the atmosphere is excessively dust laden or where water is continuously dripping so that the clothing or feet become wet shall be paid 26cents per hour in addition to the prescribed rate. (b) Excessively Dirty Work— A employee employed on excessively dirty work which is likely to render the employee or his/her clothes dirtier than on the normal run of work shall be paid 24 cents per hour in addition to the prescribed rate, but with a mini- mum payment as for four hours in any one day. (c) Winder Drums and Head Frame Wheels— A employee engaged in work on winder drums or head frame wheels shall be paid 26 cents per hour in addition to the prescribed rate, but with a minimum payment as for four hours in any one day. (d) S.O.2. Towers— A employee engaged on repair work to S.O.2 Towers shall be paid 26 cents per hour in ad- dition to the prescribed rate, but with a minimum payment as for four hours in any one day. (e) Boat Type and Swinging Scaffold— A employee employed on a boat type or swinging scaffold shall be paid 26 cents per hour in addition to the prescribed rate. “Swing- ing Scaffold” means any scaffold suspended from the ground and which by reason of the operations carried out on it or by reason of wind force or vibration is likely to swing or sway. No employer shall permit an appren- tice who has served less than two years of apprenticeship to work on a boat type or swinging scaffold and no such apprentice shall work on such a scaffold. (f) Heat Money— (i) A employee required to work for more than one hour continuously in the shade in places where the temperature is raised by artificial means to between 46.1° Celsius and 51.6° Celsius shall be paid 26 cents per hour in addition to the prescribed rate. (ii) (aa) A employee required to work for more than one hour continu- ously in the shade in places where the temperature is raised by artificial means to exceed 51.6° Celsius shall be paid 32 cents per hour in addition to the prescribed rate. (bb) Where work continues for more than two hours in that tempera- ture employees shall be entitled to twenty minutes rest every two hours without deduction of pay. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 5524 (g) Boiler Flue or Roaster Work— Where bricklayers are employed for more than one hour inside the gas or water spaces of any boiler, flue or roaster, then six hours shall con- stitute a shift’s work, provided that this subclause shall not apply in addition to the provisions of subclause (f) of this Clause. (h) Grinding Time— The employer shall provide sandstone grindstones. Employees shall be allowed to maintain their tool in proper working condi- tion in working hours. When an employee who has been employed for five consecutive working days is dis- charged, he/she shall be allowed two hours for grinding tools or be paid two hours’ pay in lieu thereof. (i) (i) Lead Paint Surfaces: No surface painted with Lead paint shall be rubbed down or scraped by a dry process. (ii) Width of Brushes— All paint brushes shall not exceed 127mm in width and no kalsomine brush shall be more than 175mm in width. (iii) Meals not to be taken in Paint Shop— No employee shall be permitted to have a meal in any paint shop or place where paint is stored or used. (j) Spray Painting (Painters)— (i) Lead paint shall not be applied by a spray to the interior of any building. (ii) All employees (including apprentices) applying paint by spraying shall be provided with full overalls and head covering and respirators by the em- ployer. (iii) Where from the nature of the paint or substance used in spraying, a respira- tor would be of little or no practical use in preventing the absorption of fumes or materials from substances used by a employee in spray painting, the employee shall be paid a special allowance of 69 cents per day. (k) Water and Soap— Water and soap shall be provided in each shop or on each job by the employer for the use of painters. (l) Electrical Sanding Machines— The use of electrical sanding machines for sanding down paint work shall be governed by the following provisions— (i) The weight of each such machine shall not exceed 5.9kgs. (ii) Every employer operating any such machine shall ensure that each such machine together with all electrical leads and associated equipment is kept in a safe condition and shall, if re- quested so to do by any employee, but not more often than once in any four weeks, cause the same to be inspected by a licensed electrical employee un- der the Electricity Act and the Regulations made thereunder. (iii) Employers shall provide and supply respirators of a suitable type to each employee and shall maintain same in an effective and cleanly state at all times. Where respirators are used by more than one employee, each such respirator shall be sterilised and a new pad inserted after use by each such employee. (iv) Employers shall also provide and sup- ply goggles of a suitable type: Provided that goggles with celluloid lenses shall not be regarded as suitable. (v) All employees shall use such protec- tive equipment when using electrical sanding machines of any type. (m) (i) Carpenters and Joiners— A secure and weatherproof place shall be provided by the employer where carpenters’ and joiners’ tools may be locked up apart from the employer’s plant and material. (ii) Other Employees— The employer shall, where practica- ble, provide a place on each job for the safekeeping of the employees’ tools when not in use. (n) Attendants on Ladders— No employee shall work on a ladder at a height of over 7.6 metres from the ground when such ladder is standing in any street, way or lane, where traffic is passing to and fro without an assistant on the ground. (o) Plumbers on Sewerage Work— Plumbers employed on work involving the opening up of house drains or waste pipes for the purpose of cleaning blockages or for any other purpose, or on work involving the clean- ing of septic tanks or dry wells, shall be paid $1.25 per day in addition to the prescribed rate. (p) All work made up by plumbers shall be welded by those employees. (q) Change Room— The employer shall provide on each job a proper change room where the employee may change his/her clothes, and such place shall not be used for any other purpose. (r) Boiling Water— The employer shall provide boiling water on each job for the use of the employees. (s) (i) The employer shall supply a safety helmet for each employee requesting one on any job where, pursuant to the regulations made under the Construc- tion Safety Act, 1972 a employee is required to wear such helmet. (ii) Any helmet so supplied shall remain the property of the employer and dur- ing the time it is on issue, the employee shall be responsible for any loss or damage thereto, fair wear and tear at- tributable to ordinary use excepted. (t) Toxic Substances— (i) An employee required to use toxic sub- stances or materials of a like nature shall be informed by the employer of the health hazards involved and in- structed in the correct and necessary safeguards which must be observed in the use of such materials. (ii) An employee using such materials will be provided with and shall use all safe- guards as are required by the appropriate Government Authority or in the absence of such requirement such safeguards as are determined by a competent authority or person chosen by the union and the employer. (iii) An employee using toxic substances or materials of a like nature shall be paid WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 5525 80 W.A.I.G. 32 cents per hour extra. Employees working in close proximity to employees so engaged shall be paid 12 cents per hour extra. (iv) For the purpose of this subclause all materials which include or require the addition of a catalyst hardener and re- active additives or two pack catalyst system shall be deemed to be materi- als of a like nature. (u) Special Rates Not Cumulative— Where more than one of the disabilities enti- tling an employee to extra rates exists on the same job, the employer shall be bound to pay only one rate, namely—the highest so prevail- ing. Provided that this subclause shall not apply to excessively dirty work or heat money, the rates for which are cumulative. (3) Any dispute which may arise between the parties in relation to the application of any of the foregoing special rates and provisions may be determined by the Board of Reference. 6. Clause 44.—Rates of Pay and Classification Definitions: Delete subclauses (5)—(8) inclusive and insert in lieu thereof the following— (5) Tool Allowance (a) Bricklayers, Carpenters and Joiners, Plumb- ers or Painters shall be paid the following tool allowance— $ Bricklayers 1.42 Carpenter and Joiners 2.63 Plumbers 1.97 Painters 0.60 This allowance includes an amount of five cents for the purpose of enabling employees to insure their tools against loss or damage by theft or fire and shall not be paid where the employer supplies employees with all neces- sary tools. An employee in receipt of a tool allowance shall provide all necessary tools kept in suit- able condition for the performances of the work. An employee who fails to provide all such tools when required shall be guilty of a breach of this award and shall not be entitled to the tool allowance prescribed above until they comply with this provision. (b) Metal Trades Employees— Notwithstanding the previous provisions of this clause, a metal tradesperson, including an apprentice, to whom the employer does not supply all necessary tools, shall be paid an allowance of $9.85 per week. A “tradesperson”, for the purpose of this clause, shall be deemed to be an employee who is paid an equal rate of wage or higher than for the classification “Boilermaker”. (6) Leading Hands In addition to the appropriate wage prescribed in this clause, a Leading Hand shall be paid— $ (a) If placed in charge of not less than 3 and not more than 10 other employees 16.86 (b) If place in charge of more than 10 and not more than 20 other employees 25.29 (c) If place in charge of more than 20 other employees 32.95 (7) Disabilities Allowance— An employee employed outside of his/her shop on construction work shall for the time so employed be paid a disabilities allowance at the rate of $1.17 per week in addition to the prescribed rate. (8) Industry Allowance— (a) Each employee shall be paid an allowance of $77.73 per week. (b) The allowance recognises, and is in payment for, all aspects of work in the industry, includ- ing the location and nature of individual operations within it. (c) The allowance shall be paid in addition to the rate of wage set out in this clause and shall be paid for all purposes of the award. 7. First Schedule—District Allowances: Delete this clause and insert in lieu thereof the following— Payment shall be paid in accordance with the provision of this schedule so far as applicable. (1) In addition to the wages prescribed in Clause 5.— Rates of Wages of this Award, the following allowances shall be paid for five days per week to employees employed in the districts which are hereinafter respectively described, with the ex- ception 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 com- prised within lines starting from Kalgoorlie, then W.S.W. to Woolgangie, thence S.E. to Dundas, thence N.E. to a point ten miles east of Karonie on the Trans-Australia line, and thence back to Kalgoorlie; at the rate of 61 cents per week extra for those mines within ten miles of the rail- way and 93 cents per week for those outside. (b) Second District— Starting from Kalgoorlie W.S.W. to Woolgangie, thence N.N.W. to the in- tersection of the 120E. meridian with the 30S parallel of latitude, thence N.E. by E. to Kookynie, thence back to the point ten miles east of Kookynie on the Trans-Australia line, and thence back to Kalgoorlie; at the rate of 82 cents per week extra for those mines within ten miles of the railways and $1.05 per week for those outside. (c) Third District— Starting from and including Kookynie, then N. by W. to Kurrajong, thence N.E. to Stone’s Soak, thence S.E. to and including Burtville, thence S.W. through Pindinnie to Kookynie; at the rate of 82 cents per week extra for those mines within ten miles of the rail- ways 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 30 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 $1.40 per week. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 5526 (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 0.82 Yalgoo District 0.82 Meekatharra, Mt. Magnet and Cue Districts 1.00 Wiluna District 1.17 Youanmi District 1.17 Cox’s Find Goldmine 1.05 Corduroy Goldmine and mines within ten miles’ radius therefrom 1.40 Lallah Rooke Goldmine, Halley’s Comet Goldmine, Prophecy Goldmine and mines within ten miles’ radius therefrom 1.75 Mayfield District 0.82 Evanston District 1.17 With regard to the Meekatharra, Mt. Magnet, Cue, Yalgoo and Wiluna Districts, an additional allow- ance at the rate of 18 cents per week shall be paid to employees employed at mines situated five miles from a Government railway. With regard to the Big Bell Goldmine, the Triton Goldmine and Cox’s Find Goldmine, the sum of 18 cents per week may be deducted from the dis- trict 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 Western Australian In- dustrial Commission at any time for the purpose of having an allowance prescribed, upon serving upon the employer concerned fourteen days’ no- tice 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. BUILDING TRADES AWARD 1968. No. 31 of 1966. 2000 WAIRC 01253