WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. BHP Iron Ore Limited and Building Trades Association of Unions of Western Australia (Association of Workers) and Others No. 1924 of 1991. COMMISSIONER J F GREGOR. 24 February 1992. HAVING heard Mr E Pollard on behalf of the Applicant and Mr R Keegan on behalf of the Respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders — That the Iron Ore Production and Processing (Mt Newman Mining Company Pty Limited) Award No. A 29 of 1984 be varied in accordance with Schedule C and that such variation shall have effect from the beginning of the first pay period commencing on or after the: (a) 26th day of August 1991 in respect of employees engaged in classifications of Plumber and Painter at the Newman operations; (b) 14th day of October 1991 in respect of employees engaged in all other classifications detailed in Schedule C; and be further varied in accordance with Schedule D with effect from the first pay period on or after the 18th day of February 1992. (Sgd.) J.F. GREGOR, IL.S.l Commissioner. Schedule C 1. Clause 10. —Overtime: Delete paragraph (d) of subclause (5) of this clause and insert in lieu thereof the following: (d) Where pursuant to the provisions of this sub- clause, the employer is required to supply a meal to an employee free of charge he/she shall, if he/she is unable to supply that meal, pay to the employee $6.27 or a meal voucher in lieu thereof, but an employee may not elect to take payment in lieu of a meal when the employer is able to supply that meal. Provided that an employee engaged in any of the classifications described in paragraphs (a), (c), (d), (e) or (f) of subclause (1) of the First Schedule — Wages of this award and eligible to receive payment in lieu of being supplied with a meal or a meal voucher shall receive an amount of $6.46 in lieu of the amount of $6.27 prescribed herein. 2. Clause 17. —Special Rates and Provisions: A. Delete paragraph (c) of subclause (1) of this clause and insert in lieu thereof the following: (c) The said allowance is — Cents per Hour Group 1 64 Group II 52 Group III 39 Notwithstanding the allowances prescribed in this paragraph the said allowance for an employee engaged in any of the classifications described in paragraphs (a), WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 72 W.A.I.G. (c), (d), (e) or (0 of subclause (1) of the First Schedule —Wages of this award is: Cents per Hour Group I 66 Group 11 54 Group III 40 B. Delete subparagraph (i) of paragraph (j) of subclause (1) of this clause and insert in lieu thereof the following: (i) Subject to the provisions of subparagraph (ii) below where the conditions under which work is to be performed are exceptional an employee shall be paid 31 cents per hour, in addition to the appropriate disability group allowance or any other allowance to which he/she may be entitled. Provided that an employee engaged in any of the classifications described in paragraphs (a), (c), (d), (e) or (f) of subclause (1) of the First Schedule —Wages of this award shall be paid an amount of 32 cents in lieu of the amount of 31 cents prescribed herein. C. Delete paragraph (c) of subclause (6) of this clause and insert in lieu thereof the following: (c) An employee engaged in work at Newman inside the epco sewage tanks, inside the industrial or main sewage pumping station pits or inside the clarifier or orbital tanks at the main sewage station (where such work is carried out below walkway level) shall, in addition to the allowance pre- scribed in (b) above be paid S3.50 on any day on which he/she is so employed. Provided that an employee engaged in any of the classifications described in paragraphs (a), (c), (d), (e) or (f) of the First Schedule — Wages of this award shall be paid an amount of S3.60 in lieu of the amount of S3.50 prescribed in paragraphs (a), (b) and (c) of this subclause. D. Delete subclause (15) of this clause and insert in lieu thereof the following: (15) A plumber who. in addition to satisfactorily completing an apprenticeship to his/her trade, holds by external examination registration issued pursuant to the Metropolitan Water Supply, Sewerage and Drainage Act shall be paid an allowance of $14.00 per week. 3. Clause 18. —Service Payments: Delete subclause (1) of this clause and insert in lieu thereof the following: (1) Subject to the provisions of this clause, employees (including Apprentices) shall, in addition to payments otherwise due under this award, be paid service payments as follows: Per Week S After 3 months' continuous service 25.20 After 6 months" continuous service 30.80 After 12 months' continuous service 44.80 After 18 months' continuous service 49.40 After 2 years' continuous service 62.20 After 3 years' continuous service 65.30 After 4 years' continuous service 71.20 After 5 years' continuous service 78.70 After 6 years' continuous service 81.60 After 7 years' continuous service 85.30 Notwithstanding the payments prescribed herein em- ployees engaged in any of the classifications described in paragraphs (a), (c). "(d). (e) or (f) of subclause (1) of the First Schedule —Wages of this award shall be paid service payments as follows: Per Week $ After 3 months' continuous service 26.00 After 6 months' continuous service 31.70 After 12 months' continuous service 46.10 After 18 months' continuous service 50.90 After 2 years' continuous service 64.10 After 3 vears' continuous service 67.30 Per Week $ After 4 years' continuous service 73.30 After 5 years' continuous service 81.10 After 6 years' continuous service 84.00 After 7 years' continuous service 87.90 4. Clause 19. —District Allowance: Delete subclause (1) of this clause and insert in lieu thereof the following: (1) Subject to the provisions of subclause (3) of this clause in addition to the wages prescribed in the First Schedule —Wages of this award an allow- ance shall be paid at the rates set out below, to each employee employed within that area of the State situated between south latitude 24° and a line running east from Carnet Bay to the Northern Territory border —$17.60. Provided that employees engaged in any of the classifications described in paragraphs (a), (c), (d), (e) or (f) of subclause (1) of the First Schedule — Wages of this award shall be paid an allowance of $18.10 per week in lieu of the allowance prescribed herein. 5. First Schedule —Wages: A. Delete paragraphs (c) and (f) of subclause (1) of this schedule and insert in lieu thereof the following: (c) Building Trades $ Carpenter and Joiner 450.00 Painter 450.00 Plumber 450.00 Bricklayer 450.00 Glazier 450.00 Upholsterer 450.00 Plasterer/Wall Tiler 450.00 (f) Construction Mining and Energy Workers' Union Mobile Crane Driver Crane Driver Level 4 Crane Driver Level 3 Crane Driver Level 2 Crane Driver Level 1 475.50 454.10 444.60 437.50 B. Delete subclauses (2), (11) and (12) of this schedule and insert in lieu thereof the following: (2) In addition to the appropriate rate prescribed in subclause (1) hereof, a Leading Hand shall be paid — $ (a) if placed in charge of not less 12.70 than two and not more than five other employees, or if other- wise appointed as such (b) if placed in charge of six and 17.70 not more than ten other employ- ees, or if otherwise appointed as such (c) if placed in charge of 11 and not 25.20 more than 20 other employees, or if otherwise appointed as such (d) if placed in charge of more than 31.40 20 other employees, or if other- wise appointed as such Notwithstanding the rates prescribed herein em- ployees engaged in any of the classifications prescribed in paragraphs (a), (c), (d), (e) or (f) of subclause (1) of the First Schedule —Wages of this award shall in addition to the appropriate rate prescribed in subclause (1) hereof, be paid — $ (a) if placed in charge of not less 13.10 than two and not more than five other employees, or if other- wise appointed as such (b) if placed in charge of six and 18.20 not more than ten other employ- 72 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 545 S ees, or if otherwise appointed as such (c) if placed in charge of 11 and not 26.00 more than 20 other employees. or if otherwise appointed as such (d) if placed in charge of more than 32.30 20 other employees, or if other- wise appointed as such (11) (a) Employees employed as tradespersons in any of the classifications in paragraph (c) of subclause (1) and Level 4 and above in paragraphs (d) and (e) of subclause (1) of this schedule and apprentices indentured to such trades, shall be paid a tool allowance of S8.40 per week. (b) This allowance shall not be paid where the employer supplies the employee with all necessary tools. (c) An employee in receipt of this allowance shall provide himself/herself with all basic and appropriate tools, kept in suitable condi- tion, for the performance of his/her work. (d) An employee who fails to supply himself/ herself with all basic and appropriate tools shall not be entitled to this allowance until he/she complies with paragraph (c) hereof. (e) The previous practice of the employer replac- ing worn-out and stolen tools shall be replaced by this subclause. (12) Experienced Tradesperson's Allowance A qualified tradesperson shall, after 12 months' continuous service with the employer, be paid an allowance of $6.70 per week for all purposes which shall be increased to $12.20 per week after a further 12 months' continuous service. Schedule D 1. Clause 5. —Contract of Employment: Immediately following paragraph (d) of subclause (11) of this clause, insert the following new paragraph: (e') Notwithstanding the provisions of this clause employees engaged in any of the Building Trades classifications prescribed in paragraph (c) of subclause (1) of the First Schedule —Wages of this award, shall perform all duties within the classification structure under the appropriate guid- ance and supervision. 2. Clause 20. —Mixed Functions: Delete subclause (1) of this clause and insert in lieu thereof the following: (1) An employee engaged during ordinary hours and/or overtime on duties carrying a higher rate of pay than his/her ordinary classification shall be paid the higher rate for the time so engaged, but if so engaged for an aggregate of two hours or more he/she shall be paid the higher rate for the whole day or shift. Provided that the provisions of this subclause shall not apply to employees engaged in the classifications in paragraphs (a) and (c) of subclause (1) and the classification Level 4 and above in paragraphs (d) and (e) of sublcause (1) of the First Schedule —Wages of this award. 3. Clause 35. —Definitions: Delete subclause (3) of this clause and insert in lieu thereof the following: (3) Building Trades (a) Building Maintenance Tradesperson — Level 4 A Building Maintenance Tradesperson Level 4 is an employee who holds a trade certificate or tradesperson's certificate as a: Carpenter and Joiner Plumber Painter and is able to exercise the skills and knowledge of that trade and works to the current trade syllabus. The skills/duties of a Building Maintenance Tradesperson at Level 4 are: (i) Understands and applies quality control techniques. (ii) Exercises good interpersonal communication skills. (iii) Exercises discretion within the scope of this grade. (iv) Performs work under general supervision, either individually or in a team environment. (v) Performs work which while primarily involv- ing the skills of the employees trade is incidental to the primary task and facilitates the completion of the whole task. Such incidental work would not require additional formal technical training, and may be of a non trade nature to allow completion of the whole task. (vi) Works from drawings, prints, plans and manuals. (b) Building Maintenance Tradesperson — Level 5 A Building Maintenance Tradesperson — Level 5 is an employee who holds a trade certificate or tradesperson's certificate as a: Carpenter and Joiner Plumber Painter who has completed a minimum of 80 appropriate hours in addition to the training requirements of a tradesperson at Level 4 —this can include vendor or in-house training. A Building Maintenance Tradesperson Level 5 works above and beyond a tradesperson at Level 4 to the level of his/her training: (i) Exercises the skills attained through satisfac- tory completion of the training prescribed of this level. (ii) Recording and reporting faults accurately. (iii) Provides trade guidance and assistance as part of a work team. (iv) Exercises discretion within the scope of this grade. (v) Works under general supervision either indi- vidually or in a team environment. (vi) Understands and implements quality control techniques. (vii) Basic skills required for a Level 5 Building Maintenance Tradesperson in the following trades: Carpenter and Joiner: Essential Components • Tiling and Plastering • Painting • Concrete Work • Gas Welding • Basic Plumbing Plumber or Painter: • Carpentry • Plumbing • Tiling and Plastering • Glazing • Painting • Bricklaying • Concrete Work • Gas Welding Optional Components subject to Operational Requirements: • Vinyl and Carpet flooring • Roofing (guttering, flashings, downpipes) • Fencing and Signposting 546 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 72 W.A.I.G. • Basic Brick Laying • Basic Computer Keyboard work • Operate forklift and other trade related lifting equipment (c) Building Maintenance Tradesperson — Level 6 (NEWMAN ONLY) A Building Maintenance Tradesperson Level 6 is an employee who holds a trade certificate or tradesperson's certificate as a: Carpenter and Joiner Plumber Painter who has completed a minimum of 160 hours TAPE (or equivalent TAPE modules) accredited training plus a minimum of 80 hours vendor/in- house training. Such courses must be of equal benefit to both the Company and the employee. 4. First Schedule —Wages: Delete paragraph (c) of subclause (1) of this schedule and insert in lieu thereof the following: (c) Building Trades Level 4 S Building Maintenance Tradesperson 450.00 as defined Level 5 Building Maintenance Tradesperson 472.50 as defined Level 6 Building Maintenance Tradesperson 495.00 as defined IRON ORE PRODUCTION AND PROCESSING (MT. NEWMAN MINING COMPANY PTY LIMITED) AWARD No. A 29 of 1984.