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Award 1966. No. 13 of 1965. SENIOR COMMISSIONER G.G. HALLIWELL. 31 January 1996. Order. HAVING heard Mr G. Sturman on behalf of the v Mr M. Borlase on behalf of the

(1996) 76 WAIG Single Commissioner (WAIRC) 1996-01-31 File: No. 1108 of 1995
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APPLICANT: Award 1966. No. 13 of 1965. SENIOR COMMISSIONER G.G. HALLIWELL. 31 January 1996. Order. HAVING heard Mr G. Sturman on behalf of the
RESPONDENT: Mr M. Borlase on behalf of the
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Concept tags · 2

[S]Wages — payment obligations [S]Overtime and penalty rates
Archived text (1163 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union of Workers—Western Australian Branch and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, Western Australian Branch and Anodisers WA and Others. No. 1108 of 1995. Metal Trades (General) Award 1966. No. 13 of 1965. SENIOR COMMISSIONER G.G. HALLIWELL. 31 January 1996. Order. HAVING heard Mr G. Sturman on behalf of the Applicants and Mr M. Borlase on behalf of the Respondents, and by consent, Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders— 1. THAT the Metal Trades (General) Award 1966, be varied in accordance with the following Schedule and that such variation shall have effect on or after 4 January 1996. 2. Upon application to the Commission any Company which is party to a current s41 agreement shall be granted an exemption from the variations contained in this Order, where that agreement contains no ex- tra claims provisions relating to wages and/or allow- ances and/or working conditions except where the no extra claims provision is qualified by the claim being in accordance with the State Wage Case Deci- sion. (Sgd.) G. G. HALLIWELL, [L.S.] Senior Commissioner. ——— Schedule. PART I—GENERAL 1. Clause 14.—Overtime. Delete paragraph (f) in subclause (3) of this clause and insert in lieu thereof the following: (f) Subject to the provisions of paragraph (g) of this subclause, an employee required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid $6.60 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required, the employee shall be supplied with each such meal by the em- ployer or be paid $4.50 for each meal so required. 2. Clause 21.—Distant Work. Delete subclauses (4)(a) and (5) of this clause and insert in lieu thereof the following: (4) An employee, to whom the provisions of subclause (1) of this clause apply, shall be paid an allowance of $23.10 for any weekend the employee returns home from the job, but only if— (a) the employee advises the employer or the employer’s agent of such intention not later than the Tuesday immediately preceding the weekend in which the employee so returns; (5) Where an employee, supplied with board and lodg- ing by the employer, is required to live more than 800 metres from the job, the employee shall be pro- vided with suitable transport to and from that job or WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 395 76 W.A.I.G. be paid an allowance of $10.20 per day, provided that where the time actually spent in travelling ei- ther to or from the job exceeds 20 minutes, that ex- cess time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer. 3. Clause 31.—Wages and Supplementary Payments. De- lete subclause (6) of this clause and insert in lieu thereof the following: (6) Minimum Wage: Notwithstanding the provisions of this Award, no employee (including an apprentice), 21 years of age or over, shall be paid less than $317.10 per week as the ordinary rate of pay in respect of the ordinary hours of work prescribed by this Award, but that minimum rate of pay does not apply where the ordi- nary rate of pay (including any part thereof payable in addition to the Award rate) is not less than $317.10. Where the said minimum rate of pay is applicable the same rate shall be payable on holidays, during annual leave, sick leave, long service leave, and any other leave prescribed by this Award. Notwithstanding the foregoing, where in this Award an additional rate is prescribed for any work as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this Award for the classification in which the em- ployee is employed. PART II—CONSTRUCTION 1. Clause 6.—Allowance for Travelling and Employment in Construction Work. Delete paragraphs (a), (b) and (c) in subclause (1) of this clause and insert in lieu thereof the fol- lowing: (a) On places within a radius of 50 kilometres from the General Post Office, Perth—$11.30 per day. (b) For each additional kilometre to a radius of 60 kilo- metres from the General Post Office, Perth—60 cents per kilometre. (c) Subject to provisions of paragraph (d) hereof, work performed at places beyond a 60 kilometre radius from the General Post Office, Perth shall be deemed to be distant work unless the employer and the em- ployees, with the consent of the union, agree in any particular case that the travelling allowance for such work shall be paid under this clause, in which case an additional allowance of 60 cents per kilometre shall be paid for each kilometre in excess of the 60 kilometre radius. 2. Clause 7.—Distant Work. Delete subclauses (6)(a) and (7) of this clause and insert in lieu thereof the following: (6) An employee, to whom the provisions of subclause (1) of this clause apply, shall be paid an allowance of $23.10 for any weekend that the employee returns home for the job, but only if— (a) the employee advises his/her employer or the employer’s agent of his/her intention not later than the Tuesday immediately preceding the weekend in which he/she so returns. (7) Where an employee, supplied with board and lodg- ing by the employer, is required to live more than 800 metres from the job the employee shall be pro- vided with suitable transport to and from the job or be paid an allowance of $10.20 per day, provided that where the time actually spent in travelling ei- ther to or from the job exceeds 20 minutes, that ex- cess time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer. 3. Clause 10.—Wages. Delete subclause (8) of this clause and insert in lieu thereof the following: (8) Minimum Wage: Notwithstanding the provisions of this Award, no employee (including an apprentice), 21 years of age or over, shall be paid less than $317.10 per week as the ordinary rate of pay in respect of the ordinary hours of work prescribed by this Award, but that minimum rate of pay does not apply where the ordi- nary rate of pay (including any part thereof payable in addition to the award rate) is not less than $317.10. Where the said minimum rate of pay is applicable, the same rate shall be payable on holidays, during annual leave, sick leave, long service leave and any other leave prescribed by this Award. Notwithstanding the foregoing, where in this Award an additional rate is prescribed for any work as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this Award for the classification in which the em- ployee is employed.