WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Australasian Meat Industry Employees' Union, Industrial Union of Workers, West Australian Branch and Metro Meats Limited. No. 1457 of 1990. COMMISSIONER C.B. PARKS. 18 February 1991. Order. HAVING heard Mr M.D. Fitzgerald on behalf of the Applicant and Mr M.J. Darcy on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 having satisfied itself that the principles of the State Wage Case Decision of September 1989 have been complied with hereby makes an Order in the terms of the attached Schedules A and B which shall operate from the date specified therein. (Sgd.) C.B. PARKS, [L.S.] Commissioner. Schedule A. L-Title. This Order will be known as the Meat Industry (Metro Meats Ltd. Lin ley Valley) 38-Hour and 4% Second Tier Order. 2. — Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Award Superseded. 5. General Amendments and Wage Rates. 3. —Scope. This Order shall apply to the Union party hereto and employees members or eligible to be members of the Union, employed by Metro Meats Ltd. (hereinafter referred to as "the employer") at its operations at Linley Valley. 4. Award Superseded. Notwithstanding the Meat Industry (State) Award No. R 9 of 1979 applies to the employees and the employer described in clause 3. —Scope, of this Order, where that award is inconsistent with any term of this Order then this Order prevails. 5. — Payment of Wages. (1) Except as provided in subclause (3) hereof, employees shall be paid weekly not later than Friday in each week. (2) The employer may pay employees in their own time on Fridays provided wages are available to them for collection not later than the commencement of the first lunch break on Fridays. (3) Casual employees shall be paid at the conclusion of their engagement or Friday in each week whichever first occurs. 6. — Breakdowns. In the event of a breakdown occurring within a period 30 minutes prior to a meal break or smoko the employer may direct employees to take the meal break or smoko at that time. 7. - Wages. The following are the minimum rates of wages payable to employees covered by this Order, provided that this clause shall not prevent employees receiving additional increases in award rates subsequent to the date of this Order: 71 W.A.I.G. (1) Employees in meat auctions, wholesale, contract caterers, prepacking and export processing estab- lishments— $ (a) General Butcher 366.20 (b) Boner 367.60 (c) Sheer 347.90 (d) Carcase pretrimmer 333.90 (e) Electric meat saw operator 318.00 (f) Meat lumper (auction room) 334.80 (g) Filler operator 328.30 (h) Chiller hand 325.90 (i) Strapping or wiring machine operator 318.00 (j) Operator of electric wizard knife 318.00 (k) Spotter or quality control tester 336.70 (1) Employee in prepacking section whose work includes pricing 326.90 (m) Wrapper and packer 326.90 (n) Carton room employee, being an employee who makes up cartons, stockinettes, hessian wraps or polythene or who stencils cartons 318.00 (0) General hand 318.00 (2) Employees in saleyards and slaughtering establish- ments— (a) (i) Slaughterman (on rail beef) 382.10 (ii) Slaughterman (on rail mut- ton) chain and dead rail sys- tem) 367.60 (iii) Slaughterman (solo) 367.60 (b) Crutcher or dagger 349.40 (c) Head Skinner (when not part of slaughtering duties) 340.20 (d) Trimmer 333.90 (e) Dehorner and tonguer 333.90 (f) Jaw puller, head trimmer and head splitter) 333.90 (g) Head Splitter (mutton or goats) 333.90 (h) Tally clerk 333.40 (1) Viscera Separator 330.00 (j) Hide salter 328.40 (k) (i) Skin shed hand 323.40 (ii) Classer and/or grader of skins 391.50 (1) Gambrel and spreader inserter 327.30 (m) Operator of nimbler cleaning roller and skids 327.30 (n) Spray washer 322.20 (o) Weight recorder 323.00 (p) Brander (including labelling of carcase) 318.00 (q) Stockman or penner up 323.40 (r) Chiller hand 325.80 (s) Watchman or caretaker 318.00 (t) Laundry hand 318.00 (u) Canteen employee 318.00 (v) General hand 318.00 (3) Employees in by-products processing establish- ments— (a) Operator of continuous rendering processing plant 338.00 (b) Blood cooker or separator operator 329.60 (c) Employee in condemned Area 329.60 (d) Operator of hasher washer 318.00 (e) By-products employee not other- wise classified 318.00 (4) Drivers of motor vehicles — (a) Not exceeding 1.2 tonnes capacity 346.20 (b) Exceeding 1.2 tonnes and not ex- ceeding 3 tonnes capacity 349.80 (c) Exceeding 3 tonnes and under 6 tonnes capacity 353.60 For each complete tonne over 5 tonnes capacity 86 cents additional margin, provided that the maxi- mum shall not exceed $12.85. (d) Driver of fork lift 353.60 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 71 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 697 (e) Driver of articulated vehicle 366.40 Exceeding 8 tonnes capacity for each complete additional tonne, 57 cents additional margin, provided that the maximum amount shall not exceed $11.78 Drivers of loaded motor vehicles (except tractors) drawing a loaded trailer (not to include a mechanical horse), $1.42 per day extra (f) Driver of tractor 352.50 (5) Employees in freezers — (a) Freezer Hand (i.e., an employee 334.80 who is required to work in a temperature between minus 15 de- • grees Celsius (4 degrees Fahren- heit) and 0 degrees Celsius (32 degrees Fahrenheit) (b) Workers required to work in a temperature below minus 16 de- grees Celsius (4 degrees Fahren- heit) shall be paid $1.39 per day extra; provided that if the tempera- ture is below minus 18 degrees Celsius (0 degrees Fahrenheit), he shall be paid $2.68 per day extra; and if the temperature is below minus 23 degrees Celsius (minus 10 degrees Fahrenheit), he shall be paid $5,36 per day extra. (6) Junior employees (other than those in casing sections, supermarkets or those employed as drivers of motor vehicles) and subject to clause 25. — Junior Employees — The minimum weekly wage rates of juniors shall be based on the percentage of the total wage applicable to a General Hand as defined in subclause (3) (o) of this clause. Under 18 years of age 60% 18-19 years of age 70% 19-20 years of age 80% 20-21 years of age 90% (7) (a) Junior employees — Drivers of Motor Vehicles — Rates of Pay —(% of wage payable to Adult employee for capacity of vehicle being driven) Under 19 years of age 70% Under 20 years of age 80% 20 + Over 100% (b) No junior employee under 17 years of age shall be permitted to have sole charge of a motor vehicle. (8) Adult Leading Hands — Any employee who is placed in charge for not less than one day of: Not less than three and not more than ten other employees, shall be paid per week extra, an all purpose rate of $11.00. More than ten and not more than twenty employees shall be paid per week extra, an all purpose rate of $17.10. More than twenty other employees shall be paid per week extra, an all purpose rate of $22.60. 8. — 38 Hour Week. (1) The ordinary hours of work shall not exceed 38 in any- one week or 8 hours per day on any one day Monday to Friday inclusive, provided that the hourly divisor is 40 for the calculation of the hourly rate, annual leave, overtime, waiting time and sick leave. (2) The 38-hour week shall be implemented by employees continuing to work 40 hours per week and accruing 2 hours per completed week of service toward a rostered day off each 20 day cycle. Provided that not more than 12 rostered days off may accrue per annum. (3) Accrued time off shall be taken at the discretion of the employer either separately, together or in conjunction with annual leave and at ail times the company will provide employees with the maximum notice possible and in any case, notice not less than the previous day. (4) For the purposes of subclause (2) hereof, service includes: (a) public holidays (b) paid sick leave (c) paid authorised leave (d) rostered days off but does not include: (e) annual leave (f) long service leave (g) time off on workers' compensation (h) unauthorised absences (5) Overtime provisions shall not apply until after 8 hours have been worked on each day. (6) Any accrued time off not taken shall be paid out upon resignation or termination. (7) Payment for each rostered day off shall be calculated at 20 per cent of the award rate of pay for each classification. (8) The provisions of this clause do not apply to casual or part-time employees. 9. —Casual and Part-Time Employees. (1) The divisor for the purpose of calculating the hourly wages and overtime of casual and part-time employees shall be 38. (2) Overtime shall be payable to casual and part-time employees after 7.6 hours have been worked each day Monday to Friday. 10. —Disputes Procedure. The terms of the disputes procedure set out in Schedule B hereof shall apply to the parties. Schedule B. Dispute Settlement Procedure. Commitment of Metro Meat Ltd and A.M.I.E.U. The company commits itself to expeditiously deal with any difference that may arise between itself and the A.M.I.E.U. or its members employed by Metro Meat Ltd —Linley Valley Operations. The A.M.I.E.U. and its members commit themselves to seek to resolve the differences with Metro Meal Ltd without resort to industrial action. If a dispute occurs and unless a safety issue is involved, work will continue while these procedures are followed: In the case of a dispute the worker or their representative will first approach the departmental supervisor and if a solution cannot be found then the following steps apply: Step 1. The worker or their representative wiii approach the shed delegate with the problem. If the shed delegate and departmental supervisor cannot solve the problem then Step 2. Brief Description of Dispute Shed Delegate Step 2. The shed delegate approaches the production manager with the problem. If no satisfactory solution then Step 3. Step 3. The shed delegate and the production manager approach the works manager with the problem. If no satisfactory solution then Step 4. (Cross Out One) Resolved Shed Delegate Dept. Supervisor (Cross Out One) Resolved Shed Delegate Works Manager WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 71 W.A.I.G. Step 4. Problem is referred to Union Secretary and State Manager or his nominee. State Manager or his nominee will reply to the dispute as soon as practical after having it being referred. State Manager or Nominee, A.M.I.E.U. Secretary or nominee were able/unable to resolve dispute. Detail of resolution makes an Order in the terms of the attached Schedules A and B which shall operate on and from 11 February 1991. (Sgd.) C.B. PARKS, ^.S.l Commissioner. Step 5. If no resolution and either the employees or employer genuinely believe that the response of the other is unacceptable then each party reserves the right to take Industrial action. Notes: 1. Adequate notice of any changes to custom, practice or procedures will be given to the other party. 2. Where the Union proposes the change, such notice will be directed to the Works Manager. When the company proposes the change, such notice will be directed to the Union Secretary and/or shed delegate. The notice period shall allow sufficient time for either party to discuss the proposals with his superiors or fellow employees. 3. In the event of a dispute arising over proposed changes, no change shall occur until the matter has been resolved through the observance of the dispute settlement procedure. 4. Where agreement has been reached to resolve a dispute, the company and the union will ensure that any undertakings given have been fulfilled. 5. When safety or mechanical problems have been reported to the supervisor, the company will ensure that urgent attention is given to such matters. The company will report back to the delegate within 7 days of the action taken. None of the foregoing shall affect the operation of the Occupational Health and Safety Act 1987.