WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Construction, Mining. Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian Branch and ABB EPT Pty Ltd and Others No. C 384(A) of 1993. COMMISSIONER R.N. GEORGE. 21 October 1993. Order. HAVING heard Ms M. Tome on behalf of the Applicant and Mr P. Cooke on behalf of the Respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That Order No. C 384 of 1993 dated 27 August, 1993 be and is hereby cancelled. (Sgd.) R.N. GEORGE, [L.S.] Commissioner. WFSTFRN AIISTRAI IAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Australian Electrical, Electronics, Foundry and Engineering Union (Western Australian Branch) and Another and Stork Electrical—WA and Others No. C 309 of 1993. COMMISSIONER J.F. GREGOR. 19 October 1993. WHEREAS on the 23rd of July 1993, the Commission conducted a conference as a result of an application filed pursuant to Section 44 of the Industrial Relations Act 1979 over a dispute between the parties over site conditions for the Yarrie Construction Project; and Whereas at the conference the parties reached an agreement, which was submitted to the Commission in the form of a draft order; and Whereas the parties requested the Commission issue an order in terms of the agreement; Now therefore the Commission being satisfied that the agreement of the parties is consistent with the Wage Principles doth hereby order— That the terms and conditions of employment for employees on the Yarrie Construction Project will be as set out in the attached Schedule. (Sgd.) J.F. GREGOR, [L.S.l Commissioner. Schedule. 1.—Title. This Order shall be known as the Yarrie Construction Order No. C 309 of 1993. 2.—Arrangement. 1. Title 2. Arrangement 3. Area and Scope 4. General Conditions of Employment 5. Site Allowance 6. Boots 7. Rest and Recreation Leave 8. Hours 9. Site Safety Procedure 10. Industrial Relations Procedure 11. No Extra Claims 12. Tferm 3.—Area and Scope. This Order shall apply to Baulderstone Homibrook Engineering Pty. Ltd., D. & Z. Constructions and Stork Electrical—W.A. (the Contractors) and to the Australian Electrical, Electronics, Foundry & Engineering Union (Western Australian Branch) and The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian Branch (the Unions) in respect of employees of the Contractors who are members of or eligible to be members of the Unions who are employed on the construction phase of the Yarrie Project and bound by the Electrical Contracting Industry Award No. R 22 of 1978, the Building Trades (Construction) Award 1987 No. R 14 of 1978 or the Engine Drivers' (Building and Steel Construction) Award No. 20 of 1973 (the Awards). 4.—General Conditions of Employment. Except as provided in this Order, the terms and conditions of each employee covered by this Order shall be as prescribed in the Award by which the employee would be 73 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3023 bound if not for this Order and where the provisions of such Award are inconsistent with the provisions of this Order, the provisions of this Order shall prevail. 5.—Site Allowance. A site allowance of $2.09 per hour for each hour worked shall be paid and such payment shall be in lieu of all prescribed disability allowances in the named awards. 6.—Boots. Each employee on commencing employment with the Contractor concerned shall be provided with one pair of safety boots free of charge. Employees shall also be paid a safety footwear mainte- nance allowance of $0.06 per hour, for each hour worked, except where such an allowance is prescribed by their relevant Award. 7.—Rest and Recreation Leave. (1) From the commencement of work on the Project employees engaged in work to which this Order applies shall be entitled to rest and recreation leave in accordance with the Award after the completion of each ten weeks' continuous service on site by the employee in lieu of the four months of continuous service provided therein. (2) The leave provided for in subclause (1) hereof shall be taken as soon as practicable, as agreed between the employer and employee or, in the absence of agreement, upon not less than one week's notice by the employer to the employee. 8.—Hours. (1) Notwithstanding the provisions of the Award, an employee who works in excess of 38 ordinary hours in any week shall accrue an entitlement to 24 minutes worked in excess of seven hours 36 minutes per day, provided the maximum accrual in any week shall not exceed two hours. (2) The leave so accrued shall be taken concurrently with the period of leave provided in Clause 7.—Rest and Recreation Leave of this Order, provided that should the services of an employee be terminated with any such accrued leave not taken, he/she shall be given payment in lieu of that leave. 9.—Site Safety Procedure. (1) An employee shall first raise an issue relating to occupational health, safety and welfare with their supervi- sor. Where an employee encounters what the employee believes to be a safety hazard or is allocated work which the employee considers unsafe, the employee shall immediately advise his/her supervisor. (2) The employer and the employee's safety representa- tive shall then inspect the work area involved. The work may continue on conditions agreed between the employer and the employee's safety representative whilst the issue is being resolved but in no circumstances should work continue if it will expose the employee or any other person to a risk of immediate and serious injury or imminent and serious harm. (3) Should the safety issue remain unresolved the employer concerned, the employee's Safety Representative and the Site Safety Officer shall meet and inspect the work with a view to resolving the issue. (4) Where the parties agree that a meeting of the Site Safety Committee may assist in the resolution of the issue, a special meeting of the Site Safety Committee meeting shall be convened. The Site Safety Committee shall ensure that it is joined by all persons necessary for the purpose of resolution of that issue. (5) If the issue is still not resolved, an Inspector should be advised of the problem and that Inspector may be requested by any of the parties to advise and assist in the dispute having regard to the appropriate Act and Regula- tions. (6) The parties will endeavour to maintain continuous productive work for all employees while the above procedures are being followed. Employees who have been removed from their immediate area for reasons associated with a safety issue may be allocated alternative work in another area by their employer. 10.—Industrial Relations Procedure. (1) Where a grievance arises the matter shall initially be discussed between the employee concerned and if that employee so desires his/her Union delegate and the employee's immediate supervisor. (2) If the grievance is still unresolved by the discussions referred to in subclause (1) hereof the Union delegate shall discuss and attempt to resolve the dispute with the Contractor's Site Management Representative. (3) Where the above discussions fail to resolve the matter of concern, it shall be referred to the Contractor's Senior Management Representative and the appropriate full-time Union Official. The parties shall then initiate steps to resolve the grievance as soon as possible. (4) While the steps in subclauses (1) and (3) hereof are being followed no industrial action shall be taken. (5) If the grievance is still not resolved, either party may refer the matter to the W.A. Industrial Relations Commis- sion provided that any party reserves the right to refer an issue to the W.A. Industrial Relations Commission at any 11.—No Extra Claims. (1) A condition of this Order is that the Union will make no further claims on the employers over and above the conditions set out in this Order for the life of the construction phase of the project. The no extra claims commitment expressly applies to site specific issues such as site allowance and rest and recreation leave. (2) Nothing in subclause (1) above shall prevent the Unions from pursuing issues in the Commission where such issues are consistent with the State Wage Fixing Principles. 12.—Term. This Order shall have effect from the commencement of construction work on the site and shall remain in force until completion of the construction phase of the Yarrie project.