WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian Branch and Fremantle Hospital and Others. No. 1259 of 1998. Engine Drivers (Government) Award 1983. No. A 5 of 1985. 7 August 1998. Order. HAVING heard Mr G.T. Giffard as agent for the Applicant and Ms N.M. Aitken as agent 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 Engine Drivers (Government) Award 1983 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 date hereof. (Sgd.) G.L. FIELDING, [L.S.] Senior Commissioner. Schedule. 1. 1B.—Minimum Adult Award Wage.—Delete this clause and insert in lieu thereof the following— 1B.—MINIMUM ADULT AWARD WAGE (1) No adult employee shall be paid less than the Mini- mum Adult Wage unless otherwise provided by this clause. (2) The Minimum Adult Award Wage for full time adult employees is $373.40 per week payable from the be- ginning of the first pay period commencing on or after 27 July 1998. (3) The Minimum Adult Award Wage of $373.40 per week is deemed to include all arbitrated safety net adjustments from State Wage Case decisions to June 1998, including the arbitrated safety net adjustments of $14.00, $12.00 or $10.00 per week as the case may be, from Matter No 757 of 1998. (4) Unless otherwise provided in this clause adults em- ployed as casual or part time employees shall not be paid less than pro rata the Minimum Adult Award Wage according to the hours worked. (5) Juniors shall be paid no less than the wage deter- mined by applying the percentage prescribed in the junior rates provision of the Minimum Adult Award Wage of $373.40. (6) (a) The Minimum Adult Award Wage shall not apply to apprentices, employees engaged on Traineeships or Jobskills placements, or to other categories of employees who by prescrip- tion are paid less than the minimum award rate. (b) Liberty to apply is reserved in relation to any special categories of employees not included here or otherwise in relation to the application of the Minimum Adult Award Wage. (7) Subject to this clause the Minimum Adult Award Wage shall— (a) apply to all work in ordinary hours (b) apply to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave and for all other purposes of this award. (8) (a) The rates of pay in this award include the mini- mum weekly wage for adult employees payable under the June 1998 State Wage Case Decision. Any increase arising from the inser- tion of the adult minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and con- ditions of employment are regulated by this award which are above the wage rates pre- scribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award agreements. Ab- sorption which is contrary to the terms of an agreement is not required. (b) Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from en- terprise agreements, are not to be used to offset the adult minimum wage. 2. Clause 24.—Wages: Delete this clause and insert in lieu thereof the following— 24.—WAGES The rates of pay in this Award include the three arbi- trated safety net adjustments totalling $24.00 per week available under the Arbitrated Safety Net Adjustment Prin- ciple pursuant to either the December 1993 State Wage Decision, the 1994 State Wage Decision or the March 1996 State Wage Decision. The first, second and third $8.00 per week arbitrated safety net adjustments may be offset to the extent of any wage increase as a result of agreements reached at enterprise level since 1 November 1991 pursuant to enterprise agreements, enterprise flex- ibility agreements or consent awards or award variations to give effect to enterprise agreements, insofar as that wage increase has not previously been used to offset an arbi- trated safety net adjustment. Increases made under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbi- trated safety adjustments. Furthermore the rates of pay in this Award include the $10.00 pr week arbitrated safety net adjustment payable from the beginning of the first pay period on or after 14th day of November 1997. This arbitrated safety net adjustment shall be offset against any equivalent amount in rates of pay received by employees since 1 November 1991 whose wages and conditions are regulated by this Award and which are above the wage rates prescribed in it, provided that the above award payments include wages payable under an enterprise agreement in which absorption is not contrary to the terms of the enterprise agreement. The rates of pay in this Award include the arbitrated safety net adjustment payable under the June 1998 State Wage Case Decision. This arbitrated safety net adjust- ment shall be offset against any equivalent amount in rates of pay received by employees whose wages and condi- tions are regulated by this Award and which are above the wage rates prescribed in the Award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrange- ments. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Case Prin- ciples or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. (1) The total rates of wages payable to employees cov- ered by the Award shall be as follows— Base Safety Special Total % Rate Net Payment Rate Adjust- ments $ $ $ $ (a) Operators of Equipment, as specified— (i) Winch Driver (C12) 364.60 48.00 10.15 422.75 87.4 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 3520 Base Safety Special Total % Rate Net Payment Rate Adjust- ments $ $ $ $ (ii) Pumpers, Country Pumping Stations (C11) 385.50 48.00 10.60 441.10 92.4 (b) Mobile Crane Operator (classified according to lifting capacity of crane)— (i) Up to 20 tonnes (C11) 385.50 48.00 7.70 441.20 92.4 (ii) Over 20 tonnes (C10) 417.20 48.00 - 465.20 100.0 (c) Fireperson as defined (C11) 385.50 48.00 - 433.50 92.4 (d) Special Payment— The special payment referred to in paragraph (a) hereof shall not apply to employ- ees engaged after 12 July 1996. For employees so engaged, the total rate shall comprise the base rate and safety net adjustments only. (2) Hospital Plant Operator (a) The weekly rates of wages payable to employ- ees defined as such shall be— Base Safety Total % Rate Net Rate Adjust- ments $ $ $ Hospital Plant Operator— Level 1 (C12a) 380.80 48.00 428.80 91.55 Hospital Plant Operator— Level 2 (C11a) 399.20 48.00 447.20 95.77 Hospital Plant Operator— Level 3 (C10) 417.20 48.00 465.20 100.00 Hospital Plant Operator— Level 4 (C9a) 449.40 48.00 497.40 107.33 (b) Employees employed on boiler cleaning in- side the boiler or flues or combustion chamber shall be paid 87 cents per hour while so en- gaged. Provided that this allowance shall not be payable to employees who are in receipt of the industry allowance or construction work allowance prescribed in subclause (1) of Clause 19.—Special Provisions of this Award. (3) Additions to Wage Rates Per Week $ (a) A classified employee engaged as hereinafter specified shall have his/her wage rate increased as follows— (i) Attending to refrigerator and/or air compressor or compressors 19.23 (ii) Attending to an electric generator or dynamo exceeding 10 watt capacity 19.23 (iii) Attending to a switchboard where the generating capacity is 350kw or more 6.16 (iv) In charge of plant as defined 19.23 (v) Leading Fireperson, where two or more Firepersons are employed on one shift (per shift) 0.42 (b) Employees employed on boiler cleaning in- side the boiler or flues or combustion chambers shall be paid 93 cents per hour while so en- gaged. Provided that this allowance shall not be payable to employees who are in receipt of the industry allowance or construction allow- ance prescribed in subclause (1) of Clause 19.—Special Provisions of this Award. (4) Pumpers shall be paid the Government Water Sew- erage and Drainage Wage Loading as prescribed from time to time in the Government Water Supply, Sew- erage and Drainage Employees Award 1981. ENROLLED NURSES AND NURSING ASSISTANTS (GOVERNMENT) AWARD No. R7 of 1978.