Award 1976 No. 23 of 1976. SENIOR COMMISSIONER G.G. HALL1WELL. 26 August 1993. Order. HAVING heard Ms A. Kennedy on behalf of the v Mr A. Waddell on behalf of the
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APPLICANT: Award 1976 No. 23 of 1976. SENIOR COMMISSIONER G.G. HALL1WELL. 26 August 1993. Order. HAVING heard Ms A. Kennedy on behalf of the
RESPONDENT: Mr A. Waddell on behalf of the
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WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Eastern Goldfields Transport Board and Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch No. 498 of 1993. Transport Workers' (Eastern Goldfields Transport Board) Award 1976 No. 23 of 1976. SENIOR COMMISSIONER G.G. HALL1WELL. 26 August 1993. Order. HAVING heard Ms A. Kennedy on behalf of the Applicant and Mr A. Waddell 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 Transport Workers' (Eastern Goldfields Transport Board) Award 1976 be varied in accordance with die following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 13th day of August, 1993. (Sgd.) G.G. HALLIWELL, [L.S.] Senior Commissioner. Schedule. 1. Clause 2.—Arrangement: Delete this clause and insert in lieu thereof the following: 2.—Arrangement. 1. Title 1A. State Wage Principles 2. Arrangement 2A. State Wage Principles—September 1989 3. Area and Scope 4. Term 5. Hours 6. Spread of Hours 6A. Implementation of 38 Hour Week 6B. Procedures for In-Plant Discussions 6C. Hours Transition Provision 7. Meals 8. Duty Roster 9. Days Off 10. Signing On and Off 11. Reports 12. Recall 13. Private Hire 14. Sick Leave 15. Payment of Wages 16. Annual Leave 17. Public Holidays 18. Long Service Leave 19. Uniforms and Protective Clothing or Equipment 20. Contract of Service 21. Change Money 22. Drivers & Bus Licence 23. Free Transport 24. Amenities 25. Shop Steward 26. Disputes 27. Definitions 28. Time & Wages Record 29. Board of Reference 30. Bereavement Leave 31. District Allowance 32. Posting of Award & Union Notices 33. Structural Efficiency 34. Wages 35. Dispute Setdement Procedures 36. Training Leave 37. Consultative Committee 2. Clause 31—^Location Allowance: Delete this clause and insert in lieu thereof the following: 31.—^District Allowance. (1) For the purposes of this clause the following terms shall have the following meaning: "Dependant" in relation to an employee means: (a) a spouse; or (b) where there is no spouse, a child or any other relative resident within the State who relies on the employee for their main support; who does not receive a district or location allowance of any kind. "Partial Dependant" in relation to an employee means: (a) a spouse; or (b) where there is no spouse, a child or any other relative resident within the State who relies on the employee for their main support; who receives a district or location allowance of any kind less than that applicable to an employee without dependants under any award, agreement or other provision regulat- ing the employment of the partial dependant. "Spouse" means an employee's spouse including de facto spouse. "De facto Spouse" means a person of the opposite sex to the employee who lives with the employee as the husband or wife of the employee on a bona fide domestic basis, although not legally married to that person. (2) For the purpose of this clause, the boundaries of the various districts shall be as described hereun- der and as delineated on the plan at subclause (16) of this clause. District: 1. The area within a line commencing on coast; thence east along latitude 28 to a point north of Tallering Peak; thence due south to Tillering Peak; thence southeast to Mt Gibson and Burracoppin; thence to a point southeast at the junction of latitude 32 and longitude 119; thence south along longitude 119 to coast. 2. That area within a line commencing on the south coast at longitude 119 then east along the coast to longitude 123; then north along longitude 123 to a point on latitude 30; thence west along latitude 30 to the boundary of No. 1 District. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 73 W.A.I.G. 3. The area within a line commencing on coast at latitude 26; thence along latitude 26 to longitude 123; thence south along longitude 123 to the boundary of No. 2 District. 4. The area within a line commencing on the coast at latitude 24; thence east to the South Australian border; thence south to the coast; thence along the coast to longitude 123; thence north to the intersection of latitude 26; thence west along latitude 26 to the coast. 5. That area of the State situated between the latitude 24 and a line running east from Camot Bay to the Northern Tbrritory border. 6. That area of the State north of a line running east from Camot Bay to the Northern Territory border. (3) An employee shall be paid a district allowance at the standard rate prescribed in Column II of subclause (6) of this clause, for the district in which the employee's headquarters is located. Provided that where the employee's headquarters is situated in a town or place specified in Column HI of subclause (6), the employee shall be paid a district allowance at the rate appropriate to that town or place as prescribed in Column IV of subclause (6). (4) An employee who has a dependant shall be paid double the district allowance prescribed by subclause (3) of this clause for the district, town or place in which the employee's headquarters is located. (5) Where an employee has a partial dependant the total district allowance payable to the employee shall be the district allowance prescribed by subclause (3) of this clause plus an allowance equivalent to the difference between the rate of district or location allowance the partial dependant receives and the rate of district or location allowance the partial depen- dant would receive if he or she was employed in a full-time capacity under the award, agreement or other provision regulating the employment of the partial dependant. (6) The weekly rate of district allowance payable to employees pursuant to subclause (3) of this clause shall be as follows: Column 1 Column II Column in Column IV District Standard Rate Exceptions to Rate Standard Rate $ Per Week Town or Place $ Per Week 6 50.40 Nil Nil 5 41.20 Fitzroy Crossing 55.40 Halls Creek Timer River Camp Nullagine Liveringa (Camballin) 51.60 Marble Bar Wittenoom Knrratha 48.60 Port Hedland 45.10 4 20.70 Warburton Mission 55.90 Carnarvon 19.50 3 13.10 Meekatharra 20.70 Mount Magnet Wiluna Laverton Leonora Cue 2 9.30 Kalgoorlie 3.10 Boulder Ravcnsthorpe 12.40 Norseman Salmon Gums Marvel Loch Esperance 1 Nil Nil Nil Note: In accordance with subclause (4) of this clause employees with dependants shall be entitled to double the rate of district allowance shown. The allowances prescribed in this subclause shall operate from the beginning of the first pay period commencing on or after 1 lanuary 1991. (7) Where an employee is on approved annual recreation leave, the employee shall for the period of such leave, be paid the district allowance to which the employee would ordinarily be entitled. (8) When an employee is on long service leave or other approved leave with pay (other than annual recreational leave), the employee shall only be paid district allowance for the period of such leave if the employee, dependants or partial dependants remain in the district in which the employee's headquarters is situated. (9) When an employee leaves his or her district on duty, payment of any district allowance to which the employee would ordinarily be entitled shall cease after the expiration of two weeks unless the employee's dependant/s or partial dependant/s remain in the district or as otherwise approved by the employer. (10) Except as provided in subclause (9) of this clause, a district allowance shall be paid to any employee ordinarily entitled thereto in addition to reim- bursement of any travelling transfer or relieving expenses or camping allowance. (11) Where an employee whose headquarters is located in a district in respect of which no allowance is prescribed in subclause (6) of this clause, is required to travel or temporarily reside for any period in excess of one month in any district or districts in respect of which allowance is so payable, the employee shall be paid for the whole of such period a district allowance at the appropri- ate rate pursuant to subclauses (3), (4) or (5) of this clause, for the district in which the employee spends the greater period of time. (12) When an employee is provided with free board and lodging by the employer or a Public Authority the allowance shall be reduced to two-thirds of the allowance the employee would ordinarily be entitled to under this clause. (13) An employee who is employed on a part-time basis shall be entitled to district allowance on a pro-rata basis. The allowance shall be determined by calculating the hours worked by the employee as a proportion of the full-time hours prescribed by the award under which the employee is employed. That proportion of the appropriate district allowance shall be payable to the em- ployee. (14) An employee who immediately prior to the 1st day of July, 1988 was in receipt of district allowance at a rate which was greater than the amount to which the employee is entitled under this clause shall have the difference reduced in accordance with the following: (i) As from the first pay period commencing on or after July 1, 1988 the difference shall be reduced by thirty-three and one third (33 1/3%) per cent; and (ii) As from the first pay period commencing on or after January 1, 1989 the difference remaining between the amount being paid pursuant to (i) above and that to which the employee is otherwise entitled under this clause shall be reduced by fifty (50%) per cent; and (iii) As from the first pay period commencing on or after July 1, 1989 payment shall be in accordance with the employee's entitlement under this clause. (15) The rates expressed in subclause (6) of this clause shall be adjusted every twelve (12) months ending on December 31 in accordance with the official "Consumer Price Index" for Perth as published by the Australian Bureau of Statistics. The adjustment of rates shall be effective from the beginning of the first pay period to commence on or after the first day of January each year. (16) District Allowance Boundaries Map immediately after the Location Allowance clause. CAflNOT 8AY . If LtVZRtHcJr SB. niRNGR ntvcn 0 ^"N. } C mznot CBOSSING^SA HA<-LS ceek^a INDIAN OCEAN PORT. MEOLAHD/ 0 KAnRAftiS—"ROTBOURNE JMAR8CC SAR SS ASYOOS O n£S£ARCM STN S3 'w»TT£HOOM 58 ,OOL MeeKATHARRA_pA MT. MACNCT3A NORTHAMFTONJ OONGARAVI THReexsPRtncI INDIAN OCEAN KALCOORUEi SOUTMERN VCROSS - f weRRCCHwV^— QMARVet LOCK2A BUftRACOPPiN , NORTH AW) % WfOCr£MO<X Lharrogin j ;N€WO€GAT6 2A i^RAveNSTHORpe At.MO« CUMS 2A WAftQuqroK MISSION 4 J£SP£flANC£ 2A GREAT AUSTRALIAN t * r^KOPETOUN- 2468 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 73 W.A.I.G. SUPERANNUATION/WAGE FIXING PRINCIPLES 1987— Orders—