WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Master Builders' Association of Western Australia (Union of Employers) on behalf of Cooper and Oxley Construction Co. Pty Ltd and Building Trades Association of Unions of Western Australia (Association of Workers). No. 802 of 1990. COMMISSIONER AR. BEECH. 4th day of October 1990. Order. HAVING heard Mr A. Bajada on behalf of the Applicant and Mr M. Keogh on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders — That notwithstanding the provisions of the Building Trades (Construction) Award 1978; the provisions of the Earth Moving and Construction Award No. 10 of 1963; and the provisions of the Engine Drivers' (Building and Steel Construction) Award No. 20 of 1973, and by consent, that Cooper & Oxley Construction Co. Pty Ltd pay employees covered by the said Awards and employed by Cooper & Oxley at the Workers' Compensation Board Office Development at Lemnos Street, Shenton Park, a site allowance of $1.50 per hour worked to compensate for all special factors and disabilities in connection with construction work on the said site in lieu of all and in substitution for special rates and conditions prescribed in Clause 9(1) of the Building Trades (Construction) Award 1978; Clause 24 of the Engine Drivers' (Building and Steel Construction) Award No. 20 of 1973; and Clause 24 of the Earth Moving and Construction Award No. 10 of 1963, except those prescribed in subclauses 9(1X0 and 9(l)(w) of the Building Trades (Construction) Award 1978, with effect from the commencement of work on the site and until the work is complete. (Sgd.) A.R. BEECH. [L.S.] Commissioner. NOTICES — Union Matters — No. 1792 of 1990. NOTICE is given of an application by the Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch and the Electrical Trades Union of Workers of Australia (Western Australian Branch) for amalgamation pursuant to section 72 of the Industrial Relations Act 1979. The name of the proposed new organisation is to be the Australian Electrical. Electronics, Foundry and Engineering Union (Western Australian Branch). The rules of the proposed new organisation relating to the qualification of persons for membership of the organisation are as follows — Rule 2. — Conclusion. 2.1 Membership of the Union shall be comprised: 2.1.1 Persons who are employed, or usually employed within the area of the State of Western Australia, known as the South West Lands Division, engaged in the following callings or vocations: Engineers, fitters, coppersmiths, turners, water meter fitters, pattern- makers, tool and gauge makers, scale makers and adjusters, safe-makers, pipe fitters, brass finishers (engineering and general), blacksmiths, shipsmiths, toolsmiths, gunsmiths, angle iron smiths, oliversmiths, blacksmiths' strikers, steam and other hammer drivers, spring makers, millwrights, steam and drop hammer forgers, furnacemen (forge, electric and other furnacemen), oxy-acetylene and electric welders and cutter, locksmiths, iron and steel rollers, electrical engineers, electrical fitters, electrical wiremen, electrical linesmen, electrical installers, electrical mechanics, automotive electricians, refrigeration and air condi- tioning fitters, armature winders, electrical workers generally, battery fitters, mechanical and scientific instru- ment makers, mechanical draughts- men, typewriter mechanics, and persons employed in the servicing, repairing maintaining, structurally altering and/or assembling of business machines, motor mechanics, motor cycle mechanics, aircraft mechanics, cycle (other than motor) mechanics (including filers, assemblers and wheel builders, cycle enamellers, sprayers, liners and writers), machine joiners, die- sinkers, press toolmakers and stampers, wirenetting and line mesh workers, wire drawers, including persons (not being workers eligible for membership of either the Amalgamated Metal Workers' and Shipwrights' Union of Western Australia by virtue of paragraphs (ii) or (iii) of sub-rule (a) of Rule 2 of the Rules of that Union or the Plumbers and Gas Fitters Employees Union of Australia, West Australian Branch, Industrial Union of Workers, engaged in or in connection with the treatment and/or fabrication of copper, brass, aluminium and other non-ferrous metals for the purpose of the production of wire, tubes. rods, bars, sheets, strip sections, angles and other fabricated products) tubular steel and iron gate and fence makers, galvanisers, riggers and splicers belt repairers and oilers, rivet heaters, machine makers, milling machinists, planers, slotters, borers, shapers. machine drillers, all workers engaged in the making of wrought iron and malleable iron pipes, dressers, electroplaters and polishers, grinders and tappers, bolt, nut and screwing machinists, lifters and assemblers and assistants, and all other machine operators and examiners of work prepared by the foregoing classifica- tions and vocations employed in the engineering, locomotive, ship building, rolling stock, aircraft, agricultural implement making and kindred trades, munition and iron trades, or in any other industry whatsoever engaged on the manufacturing of engineering products or in the maintenance of plants. 2.1.2 Persons who are employed or usually employed in the State of Western Australia, except that portion comprised in the South West Lands Division, engaged in the following vocations: Engineers, coppersmiths, fitters, die- sinkers, pattern-makers, brass finishers (engineering and general) blacksmiths, shipsmiths, toolsmiths, gunsmiths, angle iron smiths, spring makers, mill- wrights, oxy-acetylene and electric welders, cycle and motor mechanics, mechanical draughtsmen, milling machinist, planers, slotters, shapers. borers, machine drillers, iron and steel rollers, grinders, and other machine- men, mechanics, lifters and assemblers, machine makers, mechanical and scientific instrument makers, steam and drop hammer forgers, electroplaters, metal polishers, typewriter mechanics and persons employed in the servicing, repairing, maintaining, structurally altering and/or assembling of business machines, and pipe fitters employed in the engineering, locomotive, shipbuild- ing, rolling stock, aircraft, agricultural implement making and kindred trades, or in any other industry whatsoever, engaged on the manufacturing of engineering products or in the maintenance of plant. 2.1.3 Persons engaged in the following trades or branches of the Coal Mining Industry: Engineers, coppersmiths, fitters, turners, pattern-makers, brass finishers, (engineering and general), blacksmiths, angle iron smiths, toolsmiths, steam and drop hammer forgers, blacksmiths' strikers, steam and other hammer drivers, electrical engineers, electrical workers, mechanical draughtsmen, millwrights, milling machinists, planers, slotters, borers, shapers, machine drillers and other machine men and assistants to the above Trades or Callings, engaged in the Coal Mining Industry. A78441-10 2.1.4 Persons engaged by B.P. (Fremantle) Limited as bunkering operators, and bunkering attendants. Provided that such persons referred to in this sub-rule 2.1.4 are those who by custom and practice have industrial coverage under the terms of the Oil Bunkering B.P. (Fremantle) Limited Worker's Agreement No. 9 of 1979 as amended. 2.1.5 Persons employed or usually employed in the manufacture and/or distribution of natural and/or fuel gas in the callings of gas fitters, gas meter and/or appliance testers, gas meter repairers, gas holder attendants, gas plant operators, gas mainlayers and assistants in the area and operations under the State Energy Commission Act. the Perth Gas Act and the Fremantle Gas and Coke Company Act. 2.1.6 Persons employed or usually emloyed by the State Energy Commission of Western Australia in any calling or vocation mentioned in paragraph 2.1.1 of this Rule. 2.2 Persons employed or usually employed as Moulders and/or Coremakers, or apprentices or juniors (who when so employed) are engaged in any class of moulding and/or coremaking for the production of castings from molten metal of any kind, or making moulds (from) other materials in any industry, or branch of industry together with any foundry workers being moulders and/or coremakers, assistants, furnacemen and assistants, fettlers and grinders who are solely employed or are usually solely employed in a moulders shop or section and any cast bank and cast spun pipe makers moulders and/or coremakers and their assistants, die casters and smelters of scrap metals and their assistants. Provided always that no person referred to in this sub-rule 2.2 shall be eligible for membership by reason of anything contained in this sub-rule 2.2 merely because he is employed or usually employed in work of such kind as would had he been employed in such work on the first day of July 1961, have then qualified him for membership of any one of the following named Industrial Unions — Australian Railway Union of Workers, West Australian Branch. Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers. The United Furniture Trades Industrial Union of Workers, WA. The Union may admit to membership any person who is eligible in accordance with the aforesaid provisions of this Rule and who exercises his calling or vocation or who resides within the State of Western Australia, but excluding that portion of the State comprised within the area bounded by a line drawn from the intersection of the 20th parallel of latitude and 125th meridian of longitude to the intersection of the 20th parallel of latitude and the 129th meridian of longitude then South along the 129th meridian of longitude to the intersection of that meridian oflongitude with the 24th parallel oflatitude; thence West along the 24th parallel oflatitude to the intersection of that parallel of latitude with the 125th 4202 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 70 W.A.I.G. meridian of longitude; thence North along the 125th meridian of longitude to the intersection of that meridian of longitude with the 20th parallel of latitude. 2.3 The Union shall also consist of an unlimited number of workers engaged or usually engaged: 2.3.1 As electrical fitters, armature winders, electrical installers, automotive electrical fitters, battery fitters, cable jointers, electrical welders, linesmen refrigeration fitters or electrical labourers; 2.3.2 As electricians employed in running and maintaining electrical plants and installations; 2.3.3 As electricians employed as dynamo, motor or switchboard attendants; 2.3.4 On radio, television or electronic work as servicemen, repairers, wiremen, installers, set testers, coil winders, technicians, operators, assemblers, cabinet fitters and/or radio workers, television workers and electronic workers generally; 2.3.5 All electrical workers (other than engine drivers) associated with the generation and/or distribution of electricity and maintenance and repair of any electrical motor; 2.3.6 Without in any way limiting any of the foregoing shall also include all workers whose callings are peculiar to the electrical industry; 2.3.7 Provided that no person who is eligible to be a member of the State Electricity Commission Salaried Officers' Union of Workers under its constitution as registered and subsisting on the first day ofNovember 1956 shall be eligible to be admitted a member of this Union by reason of anything contained in sub- rules 2.3.1 to 2.3.6 both inclusive hereof: 2.3.8 Provided further that no person (other than a tradesman) who is eligible to be a member of the West Australian Amalgamated Society of Railway Employees Union of Workers under its constitution as registered shall be eligible to be admitted a member of this Union by reason of anything contained in sub-rules 2.3.1 to 2.3.6 both inclusive hereof; Rule 4. — Membership. Note: Until 1 July 1994 this Rule must be read in conjunction with Rule 20.4, as there are some additional provisions and some different provisions that will have application during the transitional period. 4.1 Members 4.1.1 The Union shall consist of such of the employees or persons referred to in Rule 2, who duly become members of the Union in accordance with its Rules. 4.1.2 The Union shall be incorporated with and be a Branch of the Electrical Trades Union of Australia, an organisation of employees registered as such under the provisions of the Industrial Relations Act 1988. 4.1.2.1 Membership of the Union shall be synonymous with member- ship of the ETU of Australia and admission to, or cessation of membership of the Union shall ipso facto constitute admission to, or cessation of membership of the ETU of Australia except where the admission to, or cessation of membership of the Union results from the transfer of membership to or from another State Branch of the ETU of Australia. 4.1.2.2 Any member on being transferred from one State to another shall be admitted to the Branch to which the member has removed on production of a certificate from the Secretary of the Branch to which the member belonged, stating membership and financial position on the books. A similar procedure shall be followed where a member is transferred from one district to another necessitating a change of Sub-Branch. This Rule shall not apply to apprentices who are required by their employer to carry out work other than in the State in which they are indentured. 20.4.1.2 (See Transitional Rule) 4.2 Admission 4.2.1 Candidates for membership of the Union shall be required to sign an application form. 4.2.2 New members shall be informed in writing of: 4.2.2.1 The financial obligations arising from membership; and 4.2.2.2 The circumstances, and the manner, in which a member may resign from the Union; and 4.2.2.3 The circumstances and the manner in which a member may obtain exemption from contributions in respect of unemployment or illness. 4.2.3 Upon receipt by the Secretary of the said application, the employee applying shall (subject to the exceptions hereinafter made) be deemed to become a member of the Union as from the date of such application subject to the endorsement of the Executive Committee. 4.2.4 The Executive Committee shall have power to veto the acceptance of the application for membership of a person who may be regarded as undesirable. Provided that any rejected candidate shall have the right to appeal to the State Council. 4.2.5 Disputed Membership: In the event of any dispute as to the membership of any person who has been duly admitted to membership as shown in records of the 70 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4203 union, the fact of such person having signed an application to be admitted to membership, or having paid an entrance fee, or paid a contribution to the Union, or a monetary deposit in part payment on account of an entrance fee and/or a contribution, shall be held to be proof of membership in any proceedings under these Rules. 20.4.2.6 (See Transitional Rule) 20.4.2.7 (See Transitional Rule) 20.4.2.8 (See Transitional Rule) 20.4.2.9 (See Transitional Rule) 4.3 Entrance Fees 20.4.3.1 (See Transitional Rule) 4.3.1.1 Applicants employed as trades- person or in classifications receiving equal to or in excess of tradespersons' rates of pay shall pay an entrance fee of $10.00. 4.3.1.2 Other applicants (including adult apprentices) shall pay an entrance fee of $2.00. Such payment shall not be a condi- tion precedent to membership. Apprentices (other than adult apprentices) and junior work- ers shall not be required to pay an entrance fee. 4.3.2 Any persons seeking to join the Union for the first time shall be required to pay one-third of the appropriate quarterly contributions for each unexpired quarterly contributions for each unexpired month or part of a month in the current quarter calculated to the nearest 50 cents. 4.3.3 Reduction in entrance fees below those forementioned in 4.3 shall be subject to approval by Executive Committee on an indivdual basis. 4.3.4 Re-entrance: Any person who has left the Union and desires to rejoin shall be readmitted only by resolution passed by a two-thirds majority of the members present at an Executive Committee meeting and shall pay such re-entrance fee as the Executive Committee may decide, provided that such re-entrance fee shall not exceed the sum of $250. 4.4 Contributions Note: Until 1 July 1994 with regard to 4.4.1 and 4.4.5 members of the ASEMFWU Division will be governed by 20.4.4. 4.4.1 Members shall pay a quarterly contribution equal to 13 times the undermentioned percentages of the All Industry Groups (Adult Males) Average Weekly Wage Rate as shown in the Australian Bureau of Statistics, Wage Rate. Indexes for June in the preceding year as follows: 4.4.1.1 Members in classifications receiving equal to or in excess of tradespersons rates of pay — 1.1 per cent. 4.4.1.2 Adults employed in classifica- tions receiving less than tradesperson's rates of pay — 1.0 per cent. The term "adults" shall include adult apprentices receiving not less than an assistant's rate of pay but less than a tradesperson's rate of pay. 4.4.1.3 Junior workers, apprentices, trainees aged less than 21 years and those adult apprentices not covered by 4.4.1.1 and 4.4.1.2 — 0.3 per cent. 4.4.2 Apprentices shall be eligible for membership without payment of con- tributions except during the last three years of apprentices. Apprentices receiving tradesperson's rates shall pay the same rate as a tradesperson. 4.4.3 Junior workers receiving adult rates shall pay the adult rates of contributions. 4.4.4. Reduction in rates of contributions below those aforementioned in 4.4 shall be subject to approval by Executive Committee on an individual basis. 4.4.5 Annual Contributions: A member who if financial for the preceding year may, during the months of January and February, pay the contribution for the current year at an annual rate determined by multiplying the quarterly rate herein prescribed by four and deducting 10 per cent calculated to the nearest $1.00. The annual contribution rate shall only apply to the current calendar year, and all contributions paid, except as prescribed in the preceding paragraph, shall be at the quarterly rate. 4.4.6 Contributions Deducted from Wages: The Union may make an agreement or arrangement with any employer of any member for the deduction of contribu- tions payable by any member employed by that employer from the members pay due to him/her from the employer and for the payment to the Union of the amount so deducted by that employer. For the purposes of such an agreement or arrangement only, the employer shall be regarded as a collector authorised by the Union but shall not be permitted to issue receipts on behalf of the Union. 4.4.6.1 No member shall be compelled to enter into any agreement or arrangement as prescribed in 4.4.6. 4.4.6.2 A member may, by giving suitable written authority, request the Union to arrange for the payment of Union contributions by regular amounts deducted from the member's wage. 4.4.6.3 The amounts to be deducted on behalf of a member shall be determined by multiplying the appropriate quarterly rate as prescribed by four and dividing the resultant by the usual number of complete pay 4204 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 70 W.A.LG. periods in any one calendar year; any broken part of a cent in the result of the calculation shall be adjusted to the next highest cent, provided that any amounts paid in excess of the prescribed quarterly rate shall be carried forward as a credit on the member's account. 4.4.6.4 A member who is financial or who subsequently becomes financial at commencement of having contributions deducted from wages in the manner prescribed in 4.4.6, shall be regarded as having paid contributions in advance and shall not be regarded as unfinancial in accordance with 4.5 or 4.4.7.1 of these Rules. 4.4.6.5 With respect to this sub-rule, the Union shall reserve the right to: 4.4.6.5.1 Refuse or reject an appli- cation made by a member; 4.4.6.5.2 Refuse, reject, cancel or modify any agreement or arrangement, or part of any agreement or arrangement. 4.4.7 Contributions Generally —(All Sections): 4.4.7.1 All contributions are payable in advance, and the rates set out in 4.4 include members' Journal contributions. 4.4.7.2 All contributions, fines, levies, fees or dues may be paid by any member to any of the collectors authorised by the Union or to the Secretary, but to no other person or member. No receipts shall be valid unless given under and on the form prescribed by the Union. 4.4.7.3 All financial members may be issued with an O.K. Card showing the date to which they are financial. 4.5 Unfinancial Members 4.5.1 A member shall be unfinancial if in arrears of fines, levies and contributions on the first day of March in the quarterly period ending 31 March, and on the first day of the quarterly period ending 30 June, 30 September and 31 December, and shall not be entitled to take any part in the Union's business or attend any meeting unless specially invited to do so by the State Council or Executive Committee. When invited such . members will only be permitted to speak in relation to the business for which they have been invited to attend, and will retire from the meeting immediately such business has been concluded, or when requested to do so by the Chairperson. 4.5.2 Unfinancial members, whilst not relieved of the obligations of membership, shall not be entitled to any of the benefits and privileges of membership. 4.5.3 Members in arrears of contributions shall be charged the quarterly rates for all overdue contributions. 4.5.4 The Administrative Committee shall have power to impose a fine not exceeding one quarter's contributions for each offence where it is proved that a member owes a quarter's contributions or more and/or levies and/or fines equal to or greater than one quarter's contributions, and does not after 14 days' notice to pay, pay the same or make satisfactory arrangements with and acceptable to the Secretary. 4.5.5 Unfinancial members may be sued for the recovery of contributions and/or levies and/or fines. 4.5.6 Any member failing to pay any fine and/or levy by its due date shall be considered as in arrears of contribu- tions to the amount of such fine and/or levy due, and when fines are owing the first payment shall be for such fine. 4.5.7 The Administrative Committee shall ensure that the register of members is purged by striking off those members who are in arrears of contributions for 12 months, but without freeing such person from the arrears due. 4.6 Exemption from Contributions 4.6.1 Should any financial member be prevented from following his/her avocation through unemployment or illness for a period of four weeks or more the Administrative Committee shall have power to grant exemption from contributions and may order a refund of any portion of a prepaid contribution, provided that in all such cases satisfactory proof is furnished and such application for exemption shall be made to the Secretary in writing, within one month of the date of ceasing employment. Upon exemption being granted he or she shall continue to be entitled to all the rights of membership. 4.6.2 Honorary Membership: When a finan- cial member reaches the age of 55 years, and ceases to work in industry or is forced to permanently retire through ill- health or accident before reaching 55 years, he or she shall be eligible to apply to the State Council to have his or her name retained on the records of the Union as an honorary member without payment of Union dues. Upon honorary membership being granted, he or she shall be entitled to all the rights of membership which includes the supply of the Union Journal free of charge. 4.6.3 Exemption shall not be granted for any reasons other than those specifically mentioned in these Rules unless authorised by a two-thirds majority vote of the members present at a State Council meeting. Upon exemption being granted the person concerned shall continue to be entitled to all the rights of membership. 4.6.4 Except as provided in 4.6.1, 4.6.2 and 4.6.3, when a member has ceased to be employed in a classification which is set out in Rule 2 herein, he/she shall 70 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE immediately resign from all Union positions to which he/she has been appointed or elected. 4.7 Resignation: Any member desirous of leaving the Union shall not discontinue membership without giving at least three months' notice (in writing to the Secretary) of the member's intention to do so; or paying a sum equal to three months' contribution instead of notice; and having paid all fees, fines, levies or other dues owing under these Rules. 4.8 Clearances 4.8.1 A member upon resigning and meeting the requirements of 4.7 shall be entitled to be issued with a Clearance Certifica- tion. 4.8.2 Financial members of kindred Unions may, at the discretion of the Administrative Committee, be admitted to membership without payment of entrance fees upon production of a Clearance showing they are fully paid- up members of the Union to which they formerly belonged. 4.9 Members' Addresses: Members are required to keep the Union Office informed of their correct postal address. 4.10 Applying for Employment: In such circumstances as the Union may decide members shall be required to consult the Union Office prior to seeking employment at any particular workplace. 4.11 Inspection Books: Any financial member of the Union shall be permitted to inspect the books and membership records of the Union at all reasonable hours. 4.12 Piecework: No member shall enter into any form of contract or piecework schemes determined by the Uniorttp be detrimental to the Union as provided in 3.10.2. 4.13 Duty of Members: All members should promote each other's welfare; adhere to the Rules of the Union; support and promote the objects of the Union and, as far as lies in their power, assist the elected representatives of the Union. Rule 20. — Transitional Period. 20.1 Term: This Rule shall only apply for a four year period from the date of amalgamation. 20.2 Definitions 20.2.1 "Transitional Period" means the time between the dates in 20.1. 20.2.2 "Amalgamated Union" means the Australian Electrical, Electronics, Foundry & Engineering Union (Western Australian Branch) as registered in the