of 1990. COMMISSIONER J.F. GREGOR. 1 July 1992. Order. HAVING heard Mr D Hicks on behalf of the v Mr C Mitchell on behalf of the
Not yet cited by other cases
APPLICANT: of 1990. COMMISSIONER J.F. GREGOR. 1 July 1992. Order. HAVING heard Mr D Hicks on behalf of the
RESPONDENT: Mr C Mitchell on behalf of the
This case hasn't been analysed yet.
Sign in to analyse
Generate ratio, outcome, key facts, concept tags and cited-case edges. Takes ~15–30 seconds.
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Concept tags · 6
Archived text (5113 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Metals and Engineering Workers' Union, Western Australian Branch and Western Mining Corporation Ltd & Others No. 1948(C) of 1990. COMMISSIONER J.F. GREGOR. 1 July 1992. Order. HAVING heard Mr D Hicks on behalf of the Applicant and Mr C Mitchell on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrie Relations Act 1979 hereby orders— That the Gold Mining Engineering and Maintenance Award be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 18th day of June 1992. (Sgd.) J.F. GREGOR, [L.S.] 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 3. Term 4. Area 5. Classification Structure and Rates of Pay 5A. Structural Efficiency and Award Modernisa- tion 6. Training 7. Hours (Other than Continuous Shift Employ- ees) 8. Overtime (Other than Continuous Shift Em- ployees) 9. Continuous Shift Employees 10. Rest Period after Overtime 11. Annual Leave and Holidays 12. Weekly Hiring 13. Payment for Sickness 14. Shifts 15. Payment of Wages 16. Record Book 17. Representative Interviewing Employees 18. Long Service Leave 19. Special Rates and Provisions 20. Apprentices 21. Maternity Leave 22. Special Provisions for Cycle Working 23. Consultation in the Workplace 24. Resolution of Disputes Procedure Schedule I—District Allowances Schedule II—Superseded Classification Structure and Definitions Schedule HI—Matters Relating to Implem- entation of June 1992 Classification Structure Appendix I—Kalgoorlie Consolidated Gold Mines Pty Ltd 2. Clause 2A.—State Wage Principles—September 1989: Delete this clause. 3. Clause 5.—Rates of Pay and Structural Effi- ciency: Delete this clause and insert in lieu thereof the following: 5.—Classification Structure and Rates of Pay. (1) Maintenance Employee Level 1 $314.60 Maintenance Employee Level 2 $329.00 Maintenance Employee Level 3 $345.00 Maintenance Tradesperson Level 1 $363.10 Maintenance Tradesperson Level 2 $381.30 Maintenance Tradesperson Level 3 $399.50 Maintenance Tradesperson Level 4 $417.60 (2) The following classification task statements are indicative only of the tasks which may be competently performed by an employee at a level of the classification. Maintenance Employee Level 1 87% Semi-skilled employees, on commencement, engaged on basic maintenance training, in- cluding induction, site safety and operational procedures. Maintenance Employee Level 2 90% An employee who has satisfactorily com- pleted basic maintenance training and has completed not less than three months em- ployment at an enterprise. Employees at this level will perform non-trade engineering 72 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1581 skills including but not limited to assisting tradespersons, operation of maintenance equipment and using tools appropriate to tasks allocated. An employee at this level shall possess skills and knowledge equivalent to, or hold an Engineering Production Certificate Level 1, or equivalent accredited qualification. Maintenance Employee Level 3 95% Semi-skilled employees who demonstrate skill and knowledge superior to maintenance employee level 2. Employees at this level may be involved with servicing of production machinery, hold certificated rigging or lifting tickets, non-trades welding/cutting to a level which requires the exercise of skill and knowledge required and agreed for the enterprise concerned. An employee at this level shall possess skills and knowledge equivalent to, or hold an Engineering Production Certificate Level 2, or equivalent accredited qualification. Maintenance Tradespersons Level 1 100% An employee who holds an appropriate Trades Certificate or Tradespersons Rights Certificate as an Engineering Tradesperson (electrical/ electronic); Engineering Tradesperson (mechani- cal); or Engineering Tradesperson (fabrication); and is able to exercise competently the skills and knowledge of that trade. Employees shall perform all non-trade tasks incidental to their work including tasks of any lower classification level. Employees at this level shall also perform other trade tasks associated with their work provided that such other trade work does not require additional formal technical training. Maintenance Tradesperson Level 2 105% A maintenance tradesperson who demon- strates the ability to accurately identify equipment faults and effect maintenance practices applied to that equipment in critical areas of the operations, exercises trade skills relevant to the specific requirements of the enterprise at a higher level than Maintenance Tradesperson Level 1, who has an under- standing of applicable health and safety standards, can perform work under general supervision either individually or in a team environment, and can perform trade and non-trade tasks incidental to their work, and has either (a) satisfactorily completed a minimum of three accredited technical training mod- ules and complemented such training with relevant on the job skill application to the appropriate level of competence where defined in a training programme established for an enterprise; (b) completed one-third of an appropriate Post Trade Certificate; or (c) has been assessed as possessing skills and knowledge equivalent to the accred- ited training for this level. Maintenance Tradesperson Level 3 110% A maintenance tradesperson who is able to correctly diagnose faults, evaluate and assess the possible impact to the operation and initiate first stage maintenance remedial action, who works with minimal supervision, provides other trades guidance and assis- tance, exercises trade skills relevant to the specific requirements of the enterprise at a higher level than maintenance tradesperson level 2, who has an understanding of applica- ble health and safety standards and has either (a) satisfactorily completed six accredited technical training modules and comple- mented such training with relevant on the job skill application to the appropri- ate level of competence as defined in a training programme established for the enterprise; (b) completed two-thirds of an appropriate Post Trade Certificate; or (c) has been assessed as possessing skills and knowledge equivalent to the accred- ited training at this level. Maintenance Tradesperson Level 4 115% A maintenance tradesperson who capably plans and organises the daily and weekly routine, has the ability to lead a team of maintenance employees, is competent to resource materials and services for this level of work, completes work to a defined schedule, updates equipment history records, and has a thorough knowledge of occupa- tional health and safety requirements of the employer, plans and works effectively with- out supervision, in conjunction with supervi- sors and trainers (provided the employee is trained and where necessary is registered) assists in the provision of training and assessment of lower level employees and has either: — (a) satisfactorily completed nine accredited technical training modules and comple- mented such training with relevant on the job skill application to the appropri- ate level of competence as defined in a training programme established for the enterprise; or (b) completed an appropriate Post Trade Certificate; or (c) has been assessed as possessing skills and knowledge equivalent to the accred- ited training for this level. (3) Industry Allowance: (a) Each employee shall be paid an allow- ance of $66.30 per week. (b) The allowance recognises, and is in payment for, all aspects of work in the industry including the location and nature of individual operation within it. (c) The allowance shall be paid in addition to the weekly wage rates contained in subclause (1) of this clause and shall be paid for all purposes of the award. (4) Leading Hands: In addition to the weekly wage prescribed for an employee's classification, a Leading Hand shall be paid the following: $ (a) If in charge of not less than three and not more than ten other em- ployees 14.40 (b) If in charge of more than ten and not more than 20 employees 21.50 (c) If in charge of more than 20 employees 28.10 1582 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 72 W.A.I.G. (5) Apprentices: Apprentices shall be paid the following percentage of tradesperson rate per week. Four year term— % First year 42 Second year 55 Third year 75 Fourth year 88 Three and a half year term— First six months 42 Next year 55 Following year 75 Final year 88 Third year term— First year 55 Second year 75 Third year 88 Apprentices shall also receive the above percent- age rates of the District Allowance, Tool Allow- ance, and Industry Allowance. (6) Casual Employees: Casual employees shall be paid ordinary rates plus twenty percent. (7) Tool Allowance: (a) Where an employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that trade- sperson or apprentice in the perform- ance of work as a tradesperson or as an apprentice the employer shall pay a tool allowance of— (i) $8.70 per week to such tradesper- son; or (ii) in the case of an apprentice a percentage of $8.70, being the percentage which appears against the year of apprenticeship in sub- clause (5) of this clause, for the purpose of such tradesperson or apprentice supplying and maintain- ing tools ordinarily required in the performance of work as a trades- person or as an apprentice. (b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary weekly wage prescribed in this clause. (c) An employer shall provide for the use of tradespersons or apprentices all nec- essary power tools, special pmpose tools and precision measuring instil- ments. (d) A tradesperson or apprentice shall re- place or pay for any tools supplied by his employer if lost through the employ- ees negligence. (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 $268.80 per week as his/her ordinary rate of pay in respect of the ordinary hours of work prescribed by this award. Where the said minimum rates 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 in 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 employee is employed. 4. Clause 5.—Classification Structure and Rates of Pay: Immediately following this clause insert the following new clause: 5A.—Structural Efficiency and Award Modernisation. (1) Arising out of the decision of the State Wage Case on the 8th of September 1989 and in consideration of the wage increases resulting from the first Structural Efficiency adjust- ment operative from the commencement of the first pay period beginning on or after the 20th of April 1990, employees are to perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions. (2) The parties to this award are committed to implementing a new wage and classification structure. In making this commitment, the parties— (a) accept in principle that the descriptions of job functions within a new structure will be more broadly based and generic in nature; (b) undertake that upon variation of the award to implement a new wage and classification structure, employees may undertake training for a wider range of duties and/or access to higher levels in accordance with the definitions and training standards laid down in the award variation relating to a new classi- fication structure; (c) will co-operate in the transition from the existing classification structure to the proposed new structure to ensure that the transition takes place in an orderly manner without creating false expecta- tions or disputation. (3) In the event that there is a claim for reclassification by an existing employee to a higher level under any new structure on the grounds that the employee possesses equiva- lent skill and knowledge gained through on-the-job experience or on any other grounds, the following principles apply: (a) The parties agree that the existing award disputes avoidance procedure shall be followed. (b) Agreed competency standards shall be established by the parties in conjunction with T.A.F.E. and S.E.S.D.A. (when operative) for all levels in any new classification before any claims for reclassification are processed. (c) An agreed authority such as T.A.F.E or S.E.S.D.A. or agreed accreditation au- thority (when operative) shall test the validity of an employee's claim for reclassification. (4) Reclassification to any higher level shall be contingent upon such additional work being available and required to be performed by the employer. (5) Current employees, whose existing wage rates are rationalised as a consequence of award restructuring, will remain paid at such rates and shall continue to receive wages increases appropriate to their current rates of pay on the following conditions: (a) Employees are obliged to work within their current classification and may be required to use any lower classification skills which they hold or are trained in; 72 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1583 (b) Will retain their grade when retraining in another area of the operation (i.e. multi-skilled employees will not be disadvantaged). (6) Award Modernisation: (a) The parties are committed to moderni- sing the terms of the award and to addressing issues associated with train- ing. (b) The parties will discuss all matters raised which may lead to increased flexibility and the removal of obsolete conditions to better reflect the realities of modern industry practices and assist the restructuring process. Any such discussion with the Unions shall be on the premise that: — (i) The majority of employees at the enterprise must genuinely agree; (ii) No employee will lose income as a result of the change; (iii) The Unions must be party to the agreement, particularly where en- terprise level discussions are con- sidering matters requiring varia- tions to the award; (iv) Agreements will be ratified by the Commission; (v) If agreement can not be reached in the implementation process of a particular issue, the matter will be resolved in accordance with an agreed disputes procedure. (c) Should an agreement be reached pursu- ant to paragraph (b) hereof and that agreement requires variation of the award, the parties shall support such award variation. (d) There shall not be limitations placed on any award matter raised for discussion however any changes sought shall not affect award provisions reflecting na- tional standards recognised by the West- ern Australian Industrial Relations Commission. 5. Clause 8. —Overtime (Other Than Continuous Shift Employees): Delete subclause (6) of this clause and insert in lieu thereof the following: (6) When an employee without being notified on the previous day, is required to continue working after the usual knock-off time for more than one hour, or (in the case of a day worker) after 5.30pm, whichever is the later, such employee shall be provided with any meal required or be paid $4.60 in lieu thereof. 6. Clause 9. —Continuous Shift Employees: Delete subclause (6) of this clause and insert in lieu thereof the following: (6) When an employee, without being notified on the previous day, is required to continue working after the usual knock-off time for more than one hour, or (in the case of a day worker) after 5.30 p.m., whichever is the later, such worker shall be provided with any meal required or be paid $4.50 in lieu thereof. 7. Clause 11.—Annual Leave and Holidays: Delete placitum (aa) of subparagraph (ii) of paragraph (b) of subclause (2) of this clause and insert in lieu thereof the following: (aa) The rate applicable to him/her as prescribed by Clause 5.— Classification Structure and Rates of Pay, subclause (10) of Clause 19. —Special Rates and Provisions and Schedule I —District Allowances, of the award; and 8. Clause 14. —Shifts: Delete subclause (2) of this clause and insert in lieu thereof the following: (2) In addition to his/her ordinary rate, a shift worker shall be paid per shift of eight hours at the rate of $8.00 when on afternoon or night shift. 9. Clause 19. —Special Rates and Provisions: Delete this clause and insert in lieu thereof the following: 19. —Special Rates and Provisions. (1) Height Money: Tradespersons and welders engaged on the surface in the erection, repair and/or mainte- nance of steel frame buildings, smoke stacks, bridges or similar structures at a height of 15.5 metres or more above the nearest horizontal plane, shall be paid at the rate of $1.54 per shift extra. (2) (a) Goggles, glasses and gloves or other efficient substitutes therefore shall be available for personal use of any worker engaged in welding. (b) Every worker shall sign an ac- knowledgement on receipt thereof and on leaving employment shall return same to the employer. (c) During the time the same are on issue to the worker, he shall be responsible for any loss or damage thereto, fair wear and tear attributable to ordinary use excepted. (d) No worker shall lend another worker the goggles, glasses or gloves or substitutes issued to such first mentioned worker, and if the same are lent, both the lender and the borrower shall be deemed guilty of wilful misconduct. (e) Before goggles, glasses or gloves or any substitutes which have been used by a worker are re-issued by the employer to another worker, they shall be effectively sterilised. (3) Dirt Money: Employees employed on dirty work or in wet places shall be paid 32 cents per hour extra. (4) A fitter or other tradesperson, not specially employed as a welder, who, in addition to being employed in the employees classifica- tion is also required to do welding, shall be entitled to receive 24 cents per day extra whilst so engaged. (5) Workers in very wet places shall be provided with oilskin coats and rubber boots. (6) Heat Money: (a) Employees employed for more than one hour in the shade where the artificial temperature is between 46.1° and 51.6° Celsius shall be paid 32 cents per hour extra. (b) Employees employed for more than one hour where the artificial temperature exceeds 51.6° Celsius shall be paid 38 cents per hour extra. Where work continues for more than two hours in temperatures exceeding 51.6° Celsius, employees shall be entitled to 20 min- utes rest after every two hours, without deduction of pay. (7) Confined Space: Employees employed in confined spaces as hereinafter defined shall be paid 38 cents per hour extra. "Confined Space" means a working space, the dimensions of which necessitate working continuously in a stooped or otherwise 584 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 72 W.A.I.G. cramped position, or without proper ventila- tion, or where confinement within a limited space is productive of unusual discomfort. (8) Fumes: Employees engaged on repair work to the roasters under circumstances subjecting them to serious inconvenience from fumes shall be entitled to payment of 20 cents per hour extra, with a minimum of 39 cents, while so engaged. (9) Special Rates Not Cumulative — Where more than one of the disabilities entitling a worker to extra rates exists on the same job, the employer shall be bound to pay only one rate, namely —the highest for the disabilities so prevailing. Provided that this subclause shall not apply to Confined Space, Dirt Money, Height Money or Hot Work, the rates for which are cumulative. (10) Any person appointed by the employer to perform first aid duties shall be paid an allowance of $1.44 per day or shift (flat). (11) A tradesperson who holds and, in the course of employment may be required to use a current "A" or "B" Grade licence issued pursuant to the relevant regulation in force on the 28th day of February 1978 under the Electricity Act 1945, shall be paid an allowance of $13.20 per week. 10. Schedule 1. —District Allowances: Delete this schedule and insert in lieu thereof the following: Schedule I. —District Allowances. (1) In addition to the wages prescribed in Clause 5. — Classification Structure and Rates of Pay of this award, the following allowances shall be paid for five days per week to workers employed in the districts which are hereinaf- ter respectively described, with the exception of districts contained therein which are situated within a radius of ten miles of Kalgoorlie, Coolgardie and Southern Cross, viz: (a) First District: Lying south of Kalgoorlie and com- prised within lines starting from Kal- goorlie, then West-South-West to Woolgangie, thence South-East to Dun- das, thence North-East to a point ten miles east of Karonie on the Trans- Australian line, and thence back to Kalgoorlie, at the rate of 53 cents per week extra for those mines within ten miles of the railway and 80 cents per week for those outside. (b) Second District: Starting from Kalgoorlie West-South- West to Woolgangie, thence North-Nor- West to the intersection of the 120 E. meridian with the 30 S. parallel of latitude, thence North-East by East to Kookynie, thence back to the point 10 miles East of Karonie on the Trans- Australian line, and thence back to Kalgoorlie; at the rate of 72 cents per week extra for those mines within ten miles of the railway and 90 cents per week for those outside. (c) Third District: Starting from and including Kookynie, then North by West to Kurrajong thence North-East to Stone's Soak, thence South-East to and including Burtville, thence South-West through Pindinnie to Kookynie, at the rate of 70 cents per week extra for those mines within ten miles of the railway and 92 cents per week for those outside. (d) Fourth District: Surrounding Southern Cross within a radius of thirty miles —for those mines outside a radius of ten miles from Southern Cross, including Westonia and Bullfinch, at the rate of 26 cents per week. (e) Fifth District: Comprising all mines not specifically defined in the foregoing boundaries, but within the area comprised within the 24th and 26th parallels of latitude at the rate of $1.23 per week. (2) Notwithstanding anything herein contained, the following allowances shall be paid in the districts or mines mentioned hereunder: — Per Week $ Ora Banda and Waverley Districts 0.72 Yalgoo District 0.72 Meekatharra, Mt. Magnet and Cue Districts 0.87 Wiluna District 1.03 Youanmi District 1.03 Cox's Find Gold Mine 0.92 Corduroy Gold Mine and Mines within ten miles radius therefrom 1.23 Lallah Rooke Gold Mine, Halley's Comet Gold Mine, Prophecy Gold Mine, and mines within ten miles radius therefrom 1.54 Mayfield District 0.72 Evanston District 1.03 With regard to the Meekatharra, Mt. Magnet, Cue, Yalgoo and Wiluna Districts, an addi- tional allowances at the rate of 16 cents per week shall be paid to workers employed at mines situated five miles from a Government railway. With regard to the Big Bell Gold Mine, the Triton Gold Mine, and Cox's Find Gold Mine, the sum of 16 cents per week may be deducted from the district allowance which would otherwise be paid. (3) In the case of any mine or district within the area to which this award applies which is not dealt with under the provisions of this Schedule, the union may apply to the Court at any time for the purpose of having an allowance prescribed upon serving upon the employer concerned fourteen days' notice thereof prior to the date of such application, the service of such notice shall be made pursuant to the provisions relating thereto prescribed by the regulations under the Industrial Arbitration Act 1979. 11. Schedule IE —Definitions: Delete this schedule and insert in lieu thereof the following: Schedule II — Superseded Classification Structure and Definitions. The classification structure set out hereunder is that inserted into the Gold Mining Engineering and Maintenance Award by application No. 1948(B) of 1990 on the 20th of February 1992. The wage rates have been adjusted for the June 1991 State Wage Case Decision No. 704 of 1991. Engineering Employee Level 1 — $ Driller and/or Screwer 314.60 Motor Attendant 314.60 72 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1585 Engineering Employee Level 2— $ Drill Doctor 327.40 Linesperson —Grade 2 —ie with less than three years' experience as a linesperson 345.00 Pipe Fitter 329.00 Engineering Employee Level 3— 363.20 Blacksmith Coppersmith Electrical Fitter Electrical Installer Fitter Linesperson — Grade 1 — ie with not less than three years' experi- ence as a linesperson Motor Mechanic Oxy-acetylene and Electrical Welder Turner and/or Machinist Engineering Employee Level 4 — Boilermaker Marking Off 366.00 Pattern Maker 374.30 The definitions contained in this schedule are those which were contained in the body of the Engineers (Gold Mining) Award (No. 26 of 1947) as amended and varied prior to amendment by Application No. 1948(B) of 1990 on the 20th of February 1992. The classification definitions are retained as a point of reference for grading new and existing employees and shall be deleted by agreement of the parties at an appropriate time. (1) "Motor Mechanic" means an employee employed in fitting, turning, making, repair- ing, altering, assembling, or testing the metal parts of motor cars or any other motor vehicle. (2) "Patternmaker" means a tradesperson en- gaged in the making of patterns in wood. (3) "Electrical Fitter" means a tradesperson employed in making, repairing, altering, assembling, testing winding or wiring electri- cal machines, instruments, meters or other apparatus, other than wires leading thereto, but an employee whose duty consists of placing electrodes in "neon" tubes sealed by the employee shall not be deemed for that reason to be an electrical fitter. (4) "Electrical Installer" means an employee engaged in the installation of electric light- ing, electric meters, bells, telephones or motors and apparatus used in connection therewith and includes an employee engaged in running, repairing or testing of conductors and used for lighting, heating or power purposes but does not include an employee who is a linesperson or a meter fixer. (5) "Electrical Linesperson" means an em- ployee engaged (with or without labourers assisting) in erecting poles for electrical wires, or erecting wires or cables on poles or over buildings, or tying it or them to insulators, or joining or insulating it or them or doing any work on electrical poles off the ground, but no linesperson shall be allowed to work off the ground on live wires without the assistance of a labourer. (6) "Motor Attendant" means an employee engaged in stopping or starting motors, replacing motor fuses, oiling or cleaning motors, and who shall be engaged exclu- sively on such work. (7) "Switchboard Attendant" means any em- ployee attending to or in charge of any switchboard, or doing any work necessary for the working of the same other than repairs or additions. (8) "Pipe Fitter" means any employee em- ployed on pipe work but does not include an employee solely engaged in assembling, joining and fixing pipes. All work on live steam pipes shall be a tradesperson's work. (9) "Drill Doctor" shall mean an employee, other than a tradesperson, engaged in assem- bling, renewing or putting together the parts of a rock drill as received from the maker and in servicing same when assembled, but does not include an employee engaged in any work in the nature of altering or repairing such parts, which is the work of a fitter. 12. Schedule 11. — Superseded Classification Structure and Definitions: Immediately following this schedule insert the following new schedule: Schedule III —Matters Relating to Implementa- tion of June 1992 Classification Structure. (1) Introduction The classifications and definitions contained in Clause 5. —Classification Structure and Rates of Pay of this award supersede the classifications and definitions recorded in Schedule II of this award. (2) Implementation and Transition (a) Principles underpinning the June 1992 classification structure are in part con- tained in Clause 5A. —Structural Effi- ciency and Award Modernisation of this award. (b) A transition period to enable reclassifi- cation of employees into the classifica- tion structure contained in Clause 5.— Classification Structure and Rates of Pay of this award shall be available to the parties until the 30th of December 1992. (c) The intention of the transition period is: (i) to enable all parties to the award to familiarise themselves with the June 1992 definitions and classifi- cation structure. (ii) for each establishment to apply the new classification structure and definitions in place of existing arrangements as defined in Sched- ule II —Superseded Classification Structure and Definitions of this award. (3) Transitional Arrangements (a) From the date of operation of the June 1992 Classification Structure, an em- ployee's wage group shall be deter- mined having regard to the classifica- tions contained in Clause 5. —Classifi- cation Structure and Rates of Pay of this award. (b) The parties at each enterprise shall undertake appropriate consultation in accordance with Clause 23. —Consulta- tion in the Workplace of this award. (c) Upon reclassification, employees shall perform work in accordance with the classification definitions set out in sub- clause (2) of Clause 5. —Classification Structure and Rates of Pay of this award. (d) Wage increases arising from broad- banding and adjustment of minimum rates are subject to absorption into existing overaward payments. (e) With the introduction of the June 1992 Classification Structure, where an em- 1586 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 72 W.A.I.G. ployee has been inappropriately or under classified in comparison to the job the employee performs, the following shall apply: Example 1 In recognition of the skill and knowl- edge acquired and utilised by an em- ployee, an additional overaward pay- ment has already been made to the employee. In such cases of inappropriate or under classification and the employee success- fully claims for reclassification under the new structure the employee shall not be entitled to any additional wage increase as a result of such reclassifica- tion. In other words there shall be no double counting. Example 2 In cases where an employee success- fully claims for reclassification and no additional overaward payment has pre- viously been made in recognition of the employees skill and knowledge, the appropriate wage needs to be deter- mined. In such cases the rate of pay shall be based on the employees skills and competencies at their reclassified level and having regard to the rate of pay of other employees at that level perform- ing work of a like nature. (4) Reclassification Principles (a) Reclassification to any higher level shall be contingent upon such additional work being available and required to be performed by the employer. (b) In the event of a claim for reclassifica- tion by an existing employee to a higher level on the grounds that the employee possesses equivalent skill and knowl- edge gained through on the job experi- ence or any other ground, regard shall be had to agreed competency standards established by the parties by an accred- ited training institution, or where appro- priate National Metals and Engineering Performance Guildelines. (5) Review At the expiration of a 12 month period from the 1st of June 1992, if necessary the parties at an industry level may consult, to review the operation of the classification structure, and formally amend the award as appropri- ate. HOSPITAL WORKERS (CLEANING CONTRACTORS - PRIVATE HOSPITALS) AWARD 1978 No. R 2 of 1977.