Benchmark WA Industrial Relations Case Database

AWARD No. 14 of 1978 COMMISSIONER A.R. BEECH. 10th day of October 1989. Order. HAVING heard Ms J.F. Boots on behalf of the v Mr M. Beros, Mr M. McLean and Mr B. Alow on behalf of the

(1990) 70 WAIG Single Commissioner (WAIRC) 1990-01-01 File: No. 14 of 1978
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APPLICANT: AWARD No. 14 of 1978 COMMISSIONER A.R. BEECH. 10th day of October 1989. Order. HAVING heard Ms J.F. Boots on behalf of the
RESPONDENT: Mr M. Beros, Mr M. McLean and Mr B. Alow on behalf of the
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Concept tags · 2

[S]Wages — payment obligations [S]Employee v independent contractor
Archived text (1545 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1979. Building Trades Asociation of Unions of Western Australia (Asociation of Workers) and Abel and Co J.C. and Others. No. 1744(1) of 1989(R). BUILDING TRADES (CONSTRUCTION) AWARD No. 14 of 1978 COMMISSIONER A.R. BEECH. 10th day of October 1989. Order. HAVING heard Ms J.F. Boots on behalf of the Applicant and Mr M. Beros, Mr M. McLean and Mr B. Alow on behalf of the Respondents, Mr K. Richardson on behalf of the Honourable Minister for Works and Services and Mr T. Dobson on behalf of the Australian Federation of Construction Contractors (Intervening), the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— (1) That the variations given effect by this Order shall not apply in respect of the Building Management Authority and its employees as to work performed pursuant to this Award; (2) That the Building Trades (Construction) Award No. 14 of 1978 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 14th day of September 1989. (Sgd.) A.R. BEECH. [L.S.] Commissioner. Schedule. 1. Clause 2. — Arrangement: (a) Delete Clause 2A. — State Wage Principles September 1988 and insert in lieu thereof the following: 2A. — State Wage Principles — September 1989. (b) Delete Clause 6 — Maximum Rates in this Paid Rates Award and insert in lieu thereof the following: 6. — (Deleted). 2. Clause 2A. — State Wage Principles — September 1989: Insert the following:— It is a term of this award that the unions undertake for the duration of the Principles determined by the Commission in Court Session in Application No. 1940 of 1989 not to pursue any extra claims, award or overaward except when consistent with the State Wage Principles. 3. Clause 6. — Maximum Rates in this Paid Rates Award: Delete this clause and insert in lieu thereof the following: (Deleted by Order 1744 of 1989). 4. Delete from subclause (1) Clause 8. — Rates of Pay the words "paid rates" and "(as defined)". 5. Delete subclause (2) of Clause 8. — Rates of Pay and insert in lieu the following:— 8(2) Weekly Rate: The following amounts shall be applied for the purpose of the calculation in subclause (4) of this clause of the hourly rate to apply under this Award. Base Supple- Weekly Rate mcntary Rate Payment s s s (a) (i) Bricklayers. stoneworkers. stone- masons. carpenters, joiners, painters, signwriters. glaziers, plasterers and roof tile fixers 341.30 50.80 392.10 Plumber and/or gasfitter 344.00 50.80 394.80 Plumber holding registration in accordance with the Metropolitan Water Supply. Sewerage and Drainage Act: Basic Rate $344.00 Registration Allow S 15.80 Marker/Setter Out 354.40 50.80 405.20 Special Class Tradesman 360.60 50.80 411.40 Group 1 389.30 Rigger 338.50 50.80 Drainer 338.50 50.80 389.30 Dogman 338.50 50.80 389.30 Group 2 Scaffolder 325.70 50.80 376.50 Powder Monkey 325.70 50.80 376.50 Hoist or Winch Driver 325.70 50.80 376.50 Concrete Finisher 325.70 50.80 376.50 Steel Fixer including tack welder 325.70 50.80 376.50 Concrete Pump Operator 325.70 50.80 376.50 70 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE Base Supple- Weekly Rale mentary Payment Rate S S S Group 3 Bricklayer's Labourer 314.40 50.80 365.20 Plasterer's Labourer 314.40 50.80 365.20 Assistant Powder Monkey 314.40 50.80 365.20 Assistant Rigger 314.40 50.80 365.20 Demolition Worker (after three months' experience) 314.40 50.80 365.20 Gear Hand 314.40 50.80 365.20 Cement Gun Operator 314.40 50.80 365.20 Concrete Cutting or Drilling Machine Operator 314.40 50.80 365.20 Pile Driver 314.40 50.80 365.20 Tackle Hand 314.40 50.80 365.20 Jackhammer Hand 314.40 50.80 365.20 • Mixer Driver (Concrete) 314.40 50.80 365.20 Steel Erector 314.40 50.80 365.20 Aluminium alloy structural erector 314.40 50.80 365.20 Gantry Hand or Crane Hand 314.40 50.80 365.20 Concrete Gang including concrete floater 314.40 50.80 365.20 Steel or bar bender to pattern or plan 314.40 50.80 365.20 Group 4 Builder's Labourers employed on work other than specified in classifications (i) to (iii) 289.10 50.80 339.90 6. Delete the amount $14.40 in subclause (3) of Clause 8. — Rates of Pay and insert in lieu "$14.80". 7. Delete the amount of $7.10 in subclause (8) of Clause 8. — Rates of Pay and insert in lieu "$7.30". 8. Delete the amount of $11.50 in subclause (9) of Clause 8. — Rates of Pay and insert in lieu "$11.80". 9. Delete the table appearing in subclause (10) of Clause 8. — Rates of Pay and insert in lieu the following: (i) In charge of not more than one person 9.50 0.26 (ii) In charge of two and not more than five persons 21.20 0.58 (hi) In charge of six and not more than 10 persons 26.80 0.73 (iv) In charge of over 10 persons 35.70 0.97 10. Delete the amount "$22.40" in subclause (11) of Clause 8. — Rates of Pay and insert in lieu "$23.10". 11. Delete the amount "31 cents" in subclause (12) of Clause 8. — Rates of Pay and insert in lieu "32 cents". 12. Delete the amount "$1.01" in subclause (13) of Clause 8. — Rates of Pay and insert in lieu "$1.04". 13. Delete the amount "71 cents" in subclause (14) of Clause 8. — Rates of Pay and insert in lieu "73 cents". 14. Vary the paragraphs of subclause (1) of Clause 9. — Special Rates and Provisions as follows: (i) Delete the amount "41 cents" appearing in paragraph (a) and inserting "42 cents". (ii) Delete the amounts "33 cents" and "41 cents" appearing in paragraph (b) and inserting "34 cents" and "42 cents" respectively. (iii) Delete the amount "33 cents" appearing in paragraph (c) and inserting "34 cents". (iv) Delete the amount "41 cents" appearing in paragraph (d) and inserting "42 cents". (v) Delete the amounts "$2.38", "49 cents" and "11 cents" appearing in paragraph (e) and inserting "$2.45", "50 cents" and "11 cents" respectively. (vi) Delete the amount "78 cents" appearing in paragraph (f) and inserting "80 cents". (vii) Delete the amount "33 cents" appearing in paragraph (g) and inserting "34 cents". (viii) Delete the amount "33 cents" appearing in paragraph (h) and inserting "34 cents". (ix) Delete the amount "33 cents" twice appearing in paragraph (i) and inserting "34 cents" respectively. (x) Delete the amount "41 cents" and "33 cents" appearing in subparagraph (j)(iii) and inserting "42 cents" and "34 cents" respectively. (xi) Delete the amounts "41 cents" appearing in paragraph (1) and inserting "42 cents". (xii) Delete the amount "87 cents" appearing in paragraph (m) and inserting "90 cents". (xiii) Delete the amount "87 cents" appearing in paragraph (n) and inserting "90 cents". (xiv) Delete the amount "30 cents" appearing in paragraph (o) and inserting "31 cents". (xv) Delete the amount "30 cents" appearing in paragraph (p) and inserting "31 cents". (xvi) Delete the amount "41 cents" appearing in paragraph (q) and inserting "42 cents". (xvii) Delete the amount "41 cents" appearing in paragraph (r) and inserting "42 cents". (xviii) Delete the amount "$2.38" appearing in paragraph (s) and inserting "$2.45". (xix) Delete the amount "$1.42" appearing in paragraph (t)(i) and inserting in lieu "$1.46". (xx) Delete the amount "31 cents" appearing in paragraph (u)(i) and inserting in lieu "32 cents". (xxi) Delete the amounts "$1.4l" and "62 cents" appearing in paragraph (u)(ii) and insert in lieu "$1.45" and "64 cents". (xxii) Delete the amount "$1.73" in paragraph (u)(iii) and insert in lieu "$1.78". (xxiii) Delete the amount "$1.40" in paragraph (v) and insert in lieu "$1.44". (xxiv) Delete the amounts "33 cents", "57 cents" and "83 cents" appearing in subparagraph (w)(i) and inserting "34 cents", "59 cents" and 85 cents" respectively. (xxv) Delete the amount "33 cents" in paragraph (x) and insert in lieu "34 cents". (xxvi) Delete the amount "33 cents" in paragraph (y) and insert in lieu "34 cents". (xxvii) Delete the amount "41 cents" in paragraph (z) and insert in lieu "42 cents". (xxviii) Delete the amount "41 cents" in paragraph (aa) and insert in lieu "42 cents". (xxix) Delete the amount "$1.28" in paragraph (bb) and insert in lieu "$1.32". (xxx) Delete the amount "30 cents" in paragraph (cc) and insert in lieu "31 cents". (xxxi) Delete the amount "33 cents" in paragraph (ee) and insert in lieu "34 cents". (xxxii) Delete the amount "33 cents" in paragraph (ff) and insert in lieu "34 cents". (xxxiii) Delete the amount "41 cents" in paragraph (gg) and insert in lieu "42 cents". (xxxiv) Delete the amount "93 cents" in paragraph (hh)(iii) and insert in lieu "96 cents". (xxxv) Delete the amount "$3.50" in paragraph (hh)(ii) Grindstone Allowance and insert in lieu "$3.61". 15. Delete the amounts "25 cents", "32 cents", "49 cents", "62 cents", "79 cents" appearing in subclause (3) of Clause 10 — Multi-storey allowance and insert in lieu "26 cents", "33 cents", "50 cents", "64 cents" and "81 cents" respectively. (xxix) (xxx) (xxxi) (xxxii) 82 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 70W.A.I.G. 16. Delete the amount "$1.10" in Clauses 5 — Rate of Pay of Appendix F — Asbestos Eradication and insert in lieu "$1.13". 17. Delete the amount "$1.35" in Clause 4 — Laser Safety Officer Allowance of Appendix G — Laser Equipment and insert in lieu "$1.39". Editor's Note: See also Supplementary Reasons for Decision and Order immediately hereafter.