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Award, 1967 Award Nos. 29, 30 and 31 of 1961 and 3 1962. CHIEF COMMISSIONER W.S. COLEMAN. 8 September 1998. Order. HAVING heard Mr C. Young on behalf of the v The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers and Ms T. Babaeff on behalf of the

(1998) 78 WAIG 3814 Single Commissioner (WAIRC) 1998-09-08 File: No. 1426 of 1998
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APPLICANT: Award, 1967 Award Nos. 29, 30 and 31 of 1961 and 3 1962. CHIEF COMMISSIONER W.S. COLEMAN. 8 September 1998. Order. HAVING heard Mr C. Young on behalf of the
RESPONDENT: The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers and Ms T. Babaeff on behalf of the
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Concept tags · 3

[P]Enterprise agreement approval [P]Enterprise agreement variation [S]Wages — payment obligations
Archived text (1603 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Workers Union of Australia, Engineering and Electrical Division, W.A. Branch and The Minister for Works and Others. No. 1426 of 1998. Engineering Trades (Government) Award, 1967 Award Nos. 29, 30 and 31 of 1961 and 3 1962. CHIEF COMMISSIONER W.S. COLEMAN. 8 September 1998. Order. HAVING heard Mr C. Young on behalf of the Applicant and The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers and Ms T. Babaeff 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 Engineering Trades (Government) Award, 1967 Award Nos. 29, 30 and 31 of 1961 and 3 1962 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 24th day of August, 1998. (Sgd.) W.S. COLEMAN, [L.S.] Chief Commissioner. Schedule. 1. First Schedule Wages— A. Delete subclauses (1) and (2) of this clause and insert in lieu thereof the following— (1) (a) The rates of pay in this award include four arbitrated safety net adjustments totalling $34.00 the last payable from the beginning of the first pay period on or after the 14th day of November 1997. These arbitrated safety net adjustments shall be absorbed into any overaward payments. Furthermore the rates of pay in this award in- clude the arbitrated safety net adjustments of the following amounts— (i) $14.00 per week increase in award rates up to and including $550.00 per week. (ii) $12.00 per week increase in award rates above $550.00 per week and up to and including $700.00 per week; and (iii) $10.00 per week increase in award rates above $700.00 per week. These arbitrated safety net adjustments shall be offset against any equivalent amount in rates of pay received by employees since 1 Novem- ber 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 pay- able under an enterprise agreement in which absorption is not contrary to the terms of the enterprise agreement. Increases made under State Wage Case Prin- ciples prior to June 1998, except those resulting from enterprise agreements, are not to be used to offset this arbitrated safety net adjustment of $14.00, $12.00 or $10.00 per week as the case may be. (b) Subject to this Schedule, an adult employee in a classification specified in the table set out in subclause (2) hereof (other than an apprentice or an employee of the Building Management Authority) shall be paid at the respective award wage rate per week assigned to that class of work. The all-purpose hourly rate for this Award shall be 1/38th of the total rate prescribed herein. (2) On Safety Net Total Engagement Adjustment Rate $ $ $ Classification: C 5 Advanced Engineering Tradesperson—Level II 566.80 46.00 612.80 C 6 Advanced Engineering Tradesperson—Level I 545.00 46.00 591.00 C 7 Engineering Tradesperson Special Class—Level II 501.40 48.00 549.40 C 8 Engineering Tradesperson Special Class—Level I 479.60 48.00 527.60 C 9 Engineering Tradesperson— Level II 457.80 48.00 505.80 C10 Engineering Tradesperson— Level I/Production Systems Employee 436.00 48.00 484.00 C11 Engineering Employee— Level IV 402.90 48.00 450.90 C12 Engineering Employee— Level III 381.10 48.00 429.10 C13 Engineering Employee— Level II 357.50 48.00 405.50 C14 Engineering Employee— Level I 340.10 48.00 388.10 C. Delete subclause (14) of this clause and insert in lieu thereof the following— (14) Minimum Wage— (a) No adult employee shall be paid less than the Minimum Adult Wage unless otherwise pro- vided by this clause. (b) The Minimum Adult Award Wage for full time adult employees is $373.40 per week payable from the beginning of the first pay period com- mencing on or after 27 July 1998. (c) 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 adjustment of $14.00, $12.00 or $10.00 per week as the case may be, from Matter no. 757 of 1998. (d) Unless otherwise provided in this clause adults employed as casual or part time employees shall not be paid less than pro rata the Mini- mum Adult Award Wage according to the hours worked. (e) Juniors shall be paid no less than the wage determined by applying the percentage pre- scribed in the junior rates provision of the Minimum Adult Award Wage of $373.40. (f) (i) 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 prescription are paid less than the minimum award rate. (ii) Liberty to apply is reserved in relation to any special categories of employees not included here or otherwise in rela- tion to the application of the Minimum Adult Award Wage. (g) Subject to this clause the Minimum Adult Award Wage shall— (i) Apply to all work in ordinary hours. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 3814 (ii) Apply to the calculation of overtime and all other penalty rates, superannua- tion payments, during sick leave, annual leave, long service leave and for all other purposes of this award. (h) (i) The rates of pay in this award include the minimum weekly wage for adult employees payable under the June 1998 State Wage Case Decision. Any in- crease arising from the insertion of the adult minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to en- terprise agreements, consent awards or award variations to give effect to en- terprise agreements and over award agreements. Absorption which is con- trary to the terms of an agreement is not required. Increases made under previous State Wage Case Principles or under the cur- rent Statement of Principles, except those resulting from enterprise agree- ments, are not to be used to offset the adult minimum wage. 2. Fifth Schedule—Building Management Authority Wages and Conditions: Delete paragraph (a) of subclause (5) of this clause and insert in lieu thereof the following— (5) Wages— (a) The wages for Building Management Author- ity employees as from the first pay period commencing on or after the 24th day of Au- gust 1998 will be as follows— On Safety Net Total Rate Classification Engagement Adjustment Per Week $ $ $ Engineering Tradesperson— Level 4— Group A 492.60 48.00 540.60 Group B 502.30 48.00 550.30 Group C 511.70 48.00 559.70 Level 3A 465.40 48.00 513.40 Level 3B 457.70 48.00 505.70 Level 2 442.00 48.00 490.00 Level 1 436.00 48.00 484.00 Engineering Employee Level 4— Group A 406.20 48.00 454.20 Group B 392.70 48.00 440.70 Group C 384.20 48.00 432.20 Group D 381.70 48.00 429.70 Level 3 370.00 48.00 418.00 Level 2 363.00 48.00 411.00 Level 1 341.90 48.00 389.90 Classification After one year Engineering Tradesperson— Level 4— Group A 498.60 48.00 546.60 Group B 508.30 48.00 556.30 Group C 517.70 48.00 565.70 Level 3A 471.10 48.00 519.10 Level 3B 462.60 48.00 510.60 Level 2 447.30 48.00 495.30 Level 1 441.20 48.00 489.20 Engineering Employee— Level 4— Group A 411.10 48.00 459.10 Group B 397.10 48.00 445.10 Group C 388.20 48.00 436.20 Group D 383.90 48.00 431.90 Level 3 374.50 48.00 422.50 Level 2 367.10 48.00 415.10 Level 1 346.00 48.00 394.00 After Two Years of Safety Net Total Rate Classification Service Adjustment Per Week $ $ $ Engineering Tradesperson— Level 4— Group A 503.60 48.00 551.60 Group B 513.30 48.00 561.30 Group C 523.10 46.00 569.10 Level 3A 475.50 48.00 523.50 Level 3B 467.30 48.00 515.30 Level 2 451.50 48.00 499.50 Level 1 445.60 48.00 493.60 Engineering Employee Level 4— Group A 415.00 48.00 463.00 Group B 401.10 48.00 449.10 Group C 391.90 48.00 439.90 Group D 386.90 48.00 434.90 Level 3 378.00 48.00 426.00 Level 2 370.80 48.00 418.80 Level 1 349.10 48.00 397.10 The rates of pay in this award include four arbitrated safety net adjustments totalling $34.00 the last pay- able from the beginning of the first pay period on or after the 14th day of November 1997. These arbitrated safety net adjustments shall be absorbed into any overaward payments. Furthermore the rates of pay in this award include the arbitrated safety net adjustments of the follow- ing amounts— (i) $14.00 per week increase in award rates up to and including $550.00 per week. (ii) $12.00 per week increase in award rates about $550.00 per week and up to and including $700.00 per week; and (iii) $10.00 per week increase in award rates above $700.00 per week. These arbitrated safety net adjustments shall be off- set 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 in- clude wages payable under an enterprise agreement in which absorption is not contrary to the terms of the enterprise agreement. Increases made under State Wage Case Principles prior to June 1998, except those resulting from en- terprise agreements, are not to be used to offset this arbitrated safety net adjustment of $14.00, $12.00 or $10.00 per week as the case may be. FURNITURE TRADES INDUSTRY AWARD. No. A6 of 1984.