WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Airtech Pty Ltd & Others and Metals and Engineering Workers' Union—Western Australian Branch. No. 489 of 1994. Metal Trades (General) Award 1966 No. 13 of 1965; Air Conditioning and Refrigeration Industry (Construction and Servicing) Award No. 10 of 1979 No. R 10 of 1979; Thermal Insulation Contracting Industry Award No. 1 of 1978. COMMISSIONER A.R. BEECH. 20 September 1994. Order. HAVING heard Mr S. Macaree on behalf of the Applicants and Mr N. Hodgson 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— 1. That notwithstanding the provisions of the Metal Trades (General) Award 1966 No. 13 of 1965, the Air Conditioning and Refrigeration Industry (Construction and Servicing) Award No. 10 of 1979 No. R 10 of 1979 and the Thermal Insulation Contracting Industry Award No. 1 of 1978 as amended, employees who are employed by the respondents shall be subject to the terms and conditions of employment as contained in the Schedule attached hereto. 2. That this Order shall replace the Air Conditioning, Refrigeration and Thermal Insulation Contracting Industrial (Commercial and Industrial Building Construction) Order No. 1687 of 1993 and shall have effect from the beginning of the first pay period commencing on or after the 27th day of April 1994. (Sgd.) A.R. BEECH, [L.S.] Commissioner. Schedule. 1.—Title. This Order shall be known as the "Airconditioning, Refrigeration and Thermal Insulation Contracting Industries (Commercial and Industrial Building Construction) Order No. 489 of 1994" and shall replace the Metal Trades (General) Award 1966 No. 13 of 1965, The Airconditioning and Refrigeration Industry (Construction and Servicing) Award No. 10 of 1979 and The Thermal Insulation Contracting Industry Award No. 1 of 1978 in so far as the awards apply to work within the scope of this Order. 1A.—State Wage Principles—December 1993. It is a condition of this Order that any variation to its terms on or from the 24th day of December, 1993, including the Arbitrated Safety Net Adjustment of up to $8.00 per week, shall not be made except in compliance with the principles set down by the Commission in the Reasons for Decision in Matter No. 1457 of 1993. 2.—^Arrangement. 1. Tide 1A. State Wage Principles—December 1993 2. Arrangement 3. Area and Scope 4. Tferm 5. Definitions 6. Wages 7. Multi-Storey Allowance 8. Adverse Weather 9. General Conditions of Employment 10. Parties Bound 11. Apprentices 12. No Reduction Schedule 1—List of Respondents 3.—Area and Scope. (1) This Order applies in the 26 metropolitan shires and the town of Mandurah to all work done by employees employed in any calling mentioned in Clause 6.—Wages of this Order by the applicants named in Schedule 1—List of Respondents on Commercial and Industrial Building Con- struction in the installation of mechanical services including industrial and commercial air conditioning and refrigeration, ventilation and dust extraction systems and includes the erection and/or fixing into place of both rigid and flexible ductwork, dampers, heater banks, registers, flues, exhaust hoods and associated fittings fabricated from sheetmetal or plastics or other similar materials, the erection and/or fixing into place of steel, copper or plastic pipework, valves, strainers, traps and associated fittings for open and recirculated water, oil, gas and compressed air services and the putting into place of all plant, machinery and equipment such as chillers, boilers, compressors, condensers, cooling towers, pumps, air handling units, fan coils units, evaporate coolers, heat exchangers, humidifiers, attenuators, centrifu- gal and axial fans, variable volume terminal devices, filters, motorised dampers and other regulating and control devices, associated with the aforementioned ductwork and pipework services necessary to complete an operational mechanical services system including the lagging and sheeting of all of the aforementioned services for thermal acoustic and aesthetic purposes using materials such as, but not limited to, wood, cork, fibreglass polystyrene, polyurethane, canvas, calico, adhesives, astics and sheetmetal. (2) The scope of this Order is also to include the commissioning and putting into effective operation all such services and is to include the loading and unloading of all the aforementioned materials on site including the erection, dismantling and moving of mobile scaffold, elevated work platforms and other lifting and hoisting aids required to place these materials into their final location. (3) Provided that this Order does not extend to residential domestic and light commercial air conditioning systems where they incorporate equipment classified under the Sales Tax Act (third schedule) as being goods for domestic use. It shall also not extend to service and repair work which is carried out after construction has been completed. 74 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2361 4.—Term. The term of this Order shall be for a period of 12 months from the beginning of the first pay period to commence on or after the 27th day of April, 1994. 5.—Definitions. (1) "Commercial and Industrial Building Construction Work" means work on site in or in connection with the construction, erection or alteration of any building which is to be used for commercial or industrial purposes upon completion but does not include any work done in respect of the construction of any large industrial undertaking or any large civil engineering project. (2) "Airconditioning, Refrigeration and Insulation Work" means the on site fabrication and/or installation and/or commissioning of airconditioning, ventilation sys- tems, piping systems, refrigeration systems, control systems and all work ancillary thereto, including thermostatic controls, water recirculation equipment, air volume regula- tors, diffusers, fans, heat exchange equipment and the like. (3) "Airconditioning and Refrigeration Tradesperson— Special Class" Liberty is reserved for the parties to finalise this definition. However in the interim period it means a tradesperson who has successfully completed a Certificate in Trades Studies Refrigeration Fitting and who has also successfully completed post trade studies in the following syllabus: No. 2448 Certificate of Refrigeration Fitting Special Class and is deemed by the employer to be engaged on work or in connection with work which requires for its performance the standard of knowledge comparable to that which would be achieved on satisfactory completion of the prescribed post trade course. (4) "Airconditioning and Refrigeration Tradesperson" means a tradesperson who has successfully completed a Certificate of Trade Studies (Refrigeration Fitting)—1047 and/or Sheetmetal Employee First Class Trades Course, or any trade syllabus necessary to undertake the work, or an acceptable equivalent, and who is engaged to undertake any of the work referred to in Clause 3.—Area and Scope. (5) "Employee Group 1" means an adult employee who has had 24 months' experience in the indusfry and has attained sufficient skill and experience to enable the employee to competently perform the scope of work referred to in Clause 3.—Area and Scope as it applies to: (a) the installation of airconditioning and refrigera- tion equipment and/or; (b) the application or removal of any acoustic, thermal, fire or any other types of insulation or its associated fixing or enclosure systems. (6) "Employee Group 2" means an employee who has had at least 12 months' experience in the industiy employed on: (a) the installation of airconditioning and refrigera- tion equipment and/or; (b) the application or removal of any acoustic, thermal, fire or any other types of insulation or its associated fixing or enclosure systems. (7) "Employee Group 3" means an employee who, having no experience in the industry, is engaged to: (a) install airconditioning and refrigeration equip- ment and/or, (b) apply or remove any acoustic, thermal, fire or any other type of insulation or its associated fixing or enclosure systems. 6.—Wages. (1) (a) The ordinary weekly wage shall be set out hereunder and shall be inclusive of all special rates and allowances excluding those prescribed by this Order: (b) The Safety Net payments set out in this clause represent payment which shall be absorbed into overaward payments. An "Overaward Payment" is defined as the amount (whether it be termed "overaward payment", "service increment" or any term whatsoever) which an employee would receive in excess of the "award wage'' which applied immediately prior to the decision of the