WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Section 39.—New Award. Cargill Australia Limited and Amalgamated Metal Workers and Shipwrights Union of Western Australia; Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth; The Australian Workers' Union, West Australian Branch, Industrial Union of Workers. No. A34 of 1988. Maintenance and Salt Production Production Employees and Processing COMMISSIONER G.J. MARTIN. 3rd day of March 1989. Order. HAVING heard G.D. McKenzie on behalf of the applicant and Mr K. Calvert on behalf of the respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 and being satisfied that the State Wage Principles enunciated by a Commission in Court Session in General Order Matter No. 730 of 1988 of the 9th day of September 1988 have been complied with, hereby makes the following Award. (Sgd.) G.J. MARTIN, [L.S.] Commissioner. 69 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1403 Award No. A34 of 1988. 1.—Title. This Award shall be known as the Cargill Australia Limited — Salt Production and Processing Award 1988 and replaces Award No. A31 of 1982 as varied. 2.—Arrangement. 1. Title. 2. Arrangement. 3. State Wage Principles — September 1988. 4. Definitions. 5. Area and Scope. 6. Term. 7. Contract of Service. 8. Temporary Employees. 9. Mixed Functions. 10. Hours. 11. Overtime. 12. Shift Work. 13. Essential Services. 14. Cyclone Shutdown. 15. Holidays. 16. Special Leave. 17. Annual Leave. 18. Long Service Leave. 19. Sick Leave. 20. Workers' Compensation. 21. Leave for Union Training. 22. Training and Promotion. 23. Wages. 24. District and Site Allowances. 25. Service Payments. 26. Special Rates and Provisions. 27. Time and Wages Record. 28. Payment of Wages. 29. Posting of Notices. 30. Union Officials. 31. Industrial Relations Procedure. 32. Board of Reference. 33. Travelling to and from Work. 34. Redundancy. 35. Utilisation of Contractors. 36. Apprentices. Schedule 1 — Application of 38 Hour Week. Schedule 2 — Accommodation Policy. 3.—State Wage Principles — September 1988. (1) It is a term of this award that the Unions under- take, until 1 July 1989, not to pursue any extra claims, award or over award, except when consistent with the State Wage Principles. (2) An employer on whom this award is binding shall not increase the rate of wage payable to an employee on 9 September 1988, or otherwise vary the conditions of employment applicable to an employee on that date so as to increase the employer's labour costs, except to the extent that any such increase has been authorised by the Commission after that date. 4.—Definitions. (1) "Employer" means Cargill Australia Limited — Leslie Salt Department. (2) "Leading Hand" means an employee who is appointed as such. (3) "Process" means the operation from the intake of seawater through to and including the cast-off of ships. (4) "Shop Steward" means an employee appointed as such who is a member of a Union party to this award and whose appointment has been notified in writing by the Union to the employer. (5) "Tradesman" means an employee who in the course of his/her employment works from drawings or prints, or makes precision measurements or applies general trade experience but does not include an Apprentice. (6) "Union" means a Union party to this award. (7) "Week" means the time span in which the 38 ordinary hours of work would fall. (8) "Experienced Tradesman" means a Mechanical or Electrical Tradesman having had not less than one year on the job experience in the employ of employer. (9) "Company" means Cargill Australia Limited — Leslie Salt Department. 5.—Area and Scope. (1) This award sh all apply to employees eligible to be members of any of the respondent unions in the classifications mentioned in this award and employed by the employer in the area occupied and operated upon by the employer. (2) This award is restricted in its operations to that area of the State between the 18th and 26th parallels of south latitude. 6.—Term. (1) This award shall operate from the 16th day of July 1988, until the 15 th day of July 1990. During this period the employer shall adjust the wages in accordance with the indexation formula outlined in subclause (7) of Clause 23.—Wages of this award. (2) If accord has not been reached by 15 July 1990, on the renewal of this award the provisions of this award shall continue until such time as it is replaced by a new award. (3) The Company and the Unions shall commence negotiations one month before the expiration of this award. 7.—Contract of Service. (1) (a) A contract of service to which this award applies may be terminated in accordance with the provisions of this clause and not otherwise but this subclause does not operate so as to prevent any party to a contract from giving a greater period of notice than is hereinafter prescribed nor to affect an employer's right to dismiss an employee without notice for misconduct which would justify dismissal. (b) An employee who is validly dismissed without notice shall be paid entitlements due up to the time of dismissal only. (2) Subject to the provisions of this clause, a party to a contract of service may during ordinary working hours, give to the other party the appropriate period of notice of termination of the contract prescribed in subclause (5) of this clause and the contract terminates when that period expires. (3) In lieu of giving the notice referred to in subclause (2) of this clause, an employer may pay the employee concerned his/her ordinary wages for the period of notice to which he/she would otherwise be entitled. (4) (a) Where an employee leaves his/her employment — (i) Without giving the notice referred to in subclause (2) of this clause; or (ii) Having given such notice, before the notice expires, he/she forfeits his/her entitlement to any moneys owing to him/her under this award except to the extent that those moneys exceed his/her ordinary wages for the period of notice which should have been given. (b) In a case to which paragraph (a) of this subclause applies — (i) the contract of service shall, for the purposes of this award be deemed to have terminated at the time at which the employee was last ready, willing and available for work during ordinary working hours under the contract; and 1404 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE (ii) the provisions of subclause (2) of this clause shall be deemed to have been complied with if the employee pays to the employer, whether by forfeiture or otherwise, an amount equivalent to the employee's ordinary wages for the period of notice which should have been given. (c) Once notice has been given by the employer, the employer shall grant the employee, if requested at least during the employee's previous shift, leave of absence without pay for one day to enable the employee to look for alternative employment. (5) The period of notice referred to in subclause (2) of this clause is — (a) During the first month of employment under the contract, one day; and (b) After the first month of such employment, one week. (6) (a) On the first day of engagement a temporary employee shall be notified in writing by his/her employer or by the employer's representative the expected duration of his/her employment. (b) The probationary period for all new employees is one month. However, with the agreement of the employee, the Union representative and the employer, the probationary period may be extended up to a total of three months. (7) The employer shall be under no obligation to pay for any day not worked upon which the employee is required to present himself/herself for duty, except where this award makes specific provisions for payment for such absence. (8) (a) The employer is entitled to deduct payment for any day upon which an employee (including an apprentice) cannot be usefully employed because of a strike by any of the unions party to this award or by any other association or union. (b) The provisions of paragraph (a) of this subclause also apply where the employee cannot be usefully employed through any cause which the employer could not reasonably have prevented but only if, and to the extent that, the employer and the union or unions concerned so agree or, in the event of disagreement, the Board of Reference so determines. (c) Where the stoppage of work has resulted from a breakdown of the employer's machinery the Board of Reference, in determining a dispute under paragraph (b) of this subclause, shall have regard for the duration of the stoppage and the endeavours made by the employer to repair the breakdown. (9) An employee who, without notification to and the approval of his/her employer, is absent from work for five consecutive days shall be deemed to have abandoned his/her employment unless and until, in the circumstances of any particular case, the employer otherwise agrees, or in the event of dispute the Commission otherwise determines, but this subclause does not affect the employer's right to dismissal referred to in subclause (2) of this clause. (10) No employee shall be compelled to operate any machine which the employee does not believe he/she is competent to operate. (11) An employee shall transfer from day work to shift work and from shift work to day work if and when required by the employer to do so. The employer shall give at least two days (48 hours) notice of the intention to do so, excluding Saturdays and Sundays. (12) It is hereby expressly agreed and declared that no contract of service shall be made between the employer and any employee which contains any term or condition which is inconsistent with or contrary to. the provisions of this award. 69 W.A.I.G. 8.—Temporary Employees. (1) The employer may by agreement with the relevant Union representative employ employees as temporary employees provided that such period of employment shall be in excess of four weeks but shall not exceed four months. (2) Notice of termination may be given by the employer at any time after the first month and such notice shall be in accordance with subclause (5) of Clause 7.—Contract of Service of this award. (3) A temporary employee shall be entitled pro rata to all entitlements in this award relating to permanent employees in addition to the amount set out in subclause (3) of Clause 23.—Wages of this award. (4) (a) A temporary employee may be transferred to permanent employment at any time during the currency of his/her employment if agreed to between the employer and the Union. (b) At such time as the transfer is effective the additional rate payable under subclause (3) of Clause 23.—Wages of this award will cease. 9.—Mixed Functions. (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 a total of two hours or more, he/she shall be paid the higher rate for the whole day or shift. (2) An employee engaged in a higher classification continuously for more than 18 weeks shall be reclassified to that classification. 10.—Hours. (1) Day Employees. (a) The ordinary hours of work for day employees — (i) shall be an average of 38 hours per week on the basis of 19 days worked in each 28 day cycle with the 20th day being an unpaid Allocated Day Off (AIDO); (ii) shall be worked in five days of not more than eight hours per day, Monday to Friday inclusive excepting any ADO. (iii) Shall, subject to the provisions of paragraph (b) of this subclause start no earlier than 7.00 a.m. and end no later than 5.30 p.m. each day; (iv) shall be worked consecutively each day except for an unpaid meal interval which shall be 30 minutes; (b) Starting times prior to 7.00 a.m. and finishing times later than 5.30 p.m. may be fixed by agreement between the employer and the Union and the employee concerned or, failing such agree- ment, may be determined by the Commission. (c) The first eight hours worked between 7.00 a.m. and 5.30 p.m. shall be deemed to be ordinary hours. (2) Shift Employees. (a) The ordinary hours of work of shift employees — (i) shall be an average of 38 hours per week on the basis of 19 days worked in each 28 day cycle with the 20th day being an unpaid Allocated Day Off (ADO); (ii) shall be worked in shifts of eight hours per day, Monday to Friday inclusive, except an ADO; (iii) shall be worked consecutively each day except for an unpaid meal interval which shall be 30 minutes. (b) The first eight hours worked between 7.00 a.m and 5.30 p.m. on Day Shift and between 3.30 p.m and midnight on Afternoon Shift shall be deemed to be ordinary hours. 69 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1405 (3) All Employees. (a) Subject to the provisions of this paragraph, one smoko/rest period of 15 minutes shall be allowed. The smoko/rest period shall be taken at a scheduled time or at such time as is mutually convenient (for example — during a break in the operation) and the time taken for such smoko/rest period shall be kept as close as practicable to 15 minutes, which extra time is taken to travel to and from the mess. (b) The smoko/rest periods shall count as time worked without deduction of pay. (c) Where an employee commences work at 1800 hours and the mid-shift meal break is taken at 2030 hours, or thereabouts, no smoko/rest period shall be taken during the first part of the shift. (d) An additional 15 minutes smoko shall be allowed when 12 hour shifts are worked. 11.—Overtime. (1) All Employees. (a) All time worked outside or in excess of eight hours each day. Monday to Friday inclusive, except where it is otherwise expressly prescribed, shall be paid at the rate of double time. (b) Work done on any day prescribed as a holiday under this award shall be paid for at the rate of double time in addition to the prescription of subclause (6) of Clause 15.—Holidays of this award. (c) In computing overtime each-day shall stand alone but when an employee works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day's work for the purpose of this clause. (2) All Employees. (a) (i) An employee who, after leaving the job, returns by direction of his/her employer to work overtime is deemed to have been recalled whether notified before or after leaving the job, of the requirement to work. (ii) An employee recalled to work overtime shall be paid for at least four hours at the appropriate rate for each such occasion but except where subpara- graph (iii) of this paragraph applies, not more than once in respect of any period of time. (iii) Where an employee works less than four hours overtime on a recall and the overtime is, except for a reasonable meal break, continuous with the commencement of his/her ordinary hours of work, he/she shall be paid for the recall in accordance with subpara- graph (ii) of this paragraph without diminution of the payment due to him/ her for his/her ordinary hours of work, but this subparagraph does not apply where the employee was notified of the requirement to work before leaving the job on the previous day or earlier. (iv) Unless unforeseen circumstances arise, an employee recalled for a specific job shall not be required to work for the minimum period applicable to him/her if the job is completed in less time than that minimum period. (v) The provisions of this paragraph do not apply — (aa) where it is customary for an employee to return to perform a specific job outside his/her ordinary hours of work; or A69291-5 (bb) where the overtime worked is. except for a reasonable meal break, continuous with the completion of the ordinary hours of work. (b) (i) When overtime work is necesary it shall, wherever reasonably practic- able, be so arranged that employees have at least 12 consecutive hours off duty between the work of the succes- sive days. "Such time off shall be inclusive of travelling time". (ii) Where the time worked by an employee on a recall is less than a minimum period applicable to him/her under paragraph (a) the time so worked shall not be regarded as overtime for the purposes of this paragraph, but this subparagraph does not apply with respect to recalls within the 12 hour period immediately preceding the time at which the employee is to commence his/her ordinary hours of work if he/ she is recalled on two or more occasions within that period and the overtime worked by him/her on the last of such occasions ends before that ordinary commencing time. (iii) An employee who by reason of working overtime has not had at least 12 con- secutive hours off duty after the termination of his/her ordinary hours of work on any day shall not unless specifically directed to do so by his/her employer, commence his/her ordinary hours of work on the next day until he/ she has had 12 consecutive hours off duty. (iv) Where such an employee, pursuant to a specific direction by his/her employer, works in ordinary hours on any day without having had 12 consecutive hours off duty since the termination of his/her ordinary hours of work on the preceding day, he/she shall be paid at the rate of double time for the ordinary hours so worked and shall, at the conclusion of such work be given 12 consecutive hours off duty. (v) (aa) Where pursuant to the preceding provisions of this paragraph an employee is given 12 consecutive hours off duty, any ordinary hours of work falling within that period shall be deemed to be time worked at ordinary time rate. (bb)If the ordinary hours of work falling outside that rest period are two hours or less the employee is not required to attend work but will be paid for those ordinary hours not worked. (c) Where an employee is called into work on a Sunday or holiday as defined in subclause (1) of Clause 15.—Holidays of this award immediately preceding an ordinary working day, he/she shall, wherever reasonably practicable, be given 12 consecutive hours off duty before his/her usual starting time on the next day. If this is not practicable, then the provisions of subparagraphs (iii) and (iv) of paragraph (b) of this subclause shall apply mutatis mutandis. Provided that overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this subclause when the actual time worked is less than four hours on such recall or on each such recalls. 1406 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 69 W.A.I.G. (d) Where a shift is worked by arrangement between the employees themselves and an employee does not have a break of at least 12 consecutive hours no penalty shall accrue. (e) Where an employee undertakes to work overtime for a specific period or for the completion of a specified job he/she shall work in accordance with his/her undertaking unless prevented from doing so by illness, accident or injury. (f) An employee shall not be compelled to work for more than six hours without a break for a meal. Work carried out beyond the six hours shall be paid at penalty rates until the meal break is taken. (g) When an employee is required to hold himself/herself in readiness for a call to work after ordinary hours he/she shall be paid at ordinary rates for the time or period that employee has been advised to so hold himself/herself in readiness. (h) Subject to the provisions of paragraph (i) of this subclause an employee required to work overtime for more than two hours shall be supplied with a meal by the employer or, at the employee's option, be paid $10.00 for a meal. If overtime continues the employee shall be supplied with additional meals or, at the employee's option, be paid $ 10.00 for such meals after each additional six hours of overtime worked. (i) The provisions of paragraph (h) of this subclause do not apply in respect of any period of overtime for which the employee has been notified on the previous day or earlier that he/she shall be required. (j) The provisions of this subclause do not operate so as to require payment of more than double time rates, or double time plus a day in lieu to be added to annual leave for a holiday prescribed in this award. (k) Employees engaged on 12 hour shifts shall be paid travelling time in excess of the shift period calculated at one hour per shift for residents of South Hedland and half an hour per shift for residents of Port Hedland. Such time shall be paid at ordinary time rates. 12. — Shift Work. (1) The provisions of this clause apply to shift work. (2) Subject to the provisions of subclause (3) of this clause, the employer may work the establishment on shifts but before doing so shall give at least two days (48 hours) notice in writing of this intention to the Union and employee or employees concerned and of the intended starting and finishing times of scheduled working hours and ordinary hours of the respective shifts. (3)(a) Where any particular process is carried out on shifts other than day shift, and less than five consecutive such shifts are worked on that process, then employees employed on such shifts shall be paid at overtime rates. (b) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or on any holiday or allocated day off. (4) Where a shift commences at or after 11.00 p.m. on any day, the whole of that shift shall be deemed, for the purpose of this award to have been worked on the following day. (5) An employee shall, in addition to his/her ordinary rate be paid $1.42 per hour for all time worked on afternoon shift to a maximum of nine hours from 16 July 1988 thence at the rate of $1.46 per hour from 3 October 1988. Provided that as from 3 March 1989 an employee shall, in addition to his/her ordinary rate be paid $13.10 per day and from 3 April 1989 $13.70 for all time worked on afternoon shift. (6)(a) When shiploading on Afternoon Shift is finished and employees leave for home after 0100 hours they shall re-commence work at 1800 hours the same day without loss of pay. (b) In the case of paragraph (a) of this subclause the Day Shift which commenced at 0600 hours shall work through until the next following 1800 hours. (7) Shift changeover shall take place between 1800 hours Saturday to 0600 hours Sunday but may take place at any time between 0600 hours Saturday and 0600 hours Monday. (8) No work shall be scheduled between 1800 hours Saturday and 0600 hours Sunday, and only emergency work shall be carried out between these hours. 13. — Essential Services. (1) During any dispute, essential services shall be provided by the Union party to this award for water and brine movement related to the growing of salt. The labour requested by the employer for essential services shall be provided by the Union on a rostered basis. Persons so rostered must be current employees and fully qualified for the work assigned. (2) So long as essential and emergency services are provided, no persons, whether from inside or outside the Company and whether Salaried or Wages, shall be permitted to do work normally done exclusively by Company personnel who are members of a Union party to this award. 14. — Cyclone Shutdown. (l)(a) Subject to the provisions of this clause, and notwithstanding the provisions of subclauses (1) to (8) both inclusive of Clause 7. —• Contract of Service of this award, where a stand-down occurs due to a cyclone, each employee shall be entitled to payment of ordinary hours which fall between the time of stand-down by the employer and until the "all clear" is posted, (b) Following the "all clear" each employee is required to resume duty on his/her next rostered shift unless the employer notifies him/her otherwise and an employe who does not present himself/herself for work at such time is not entitled to any payment referred to in paragraph (a) of this subclause except in the case of obvious personal hardship due to the effects of the cyclone. (c) An employee who, on any day during the cyclone shutdown, is required for work and is requested to do so by his/her employer and is not willing or available to work when so requested, except in the case of obvious personal hardship due to the effects of the cyclone, is not entitled to payment for that day. (d) An employee who is required to work during a cyclone stand-down shall be paid at double time rate or rates applicable to him/her for time actually worked. 15. — Holidays. (1) The following days or the days observed in lieu thereof shall be allowed as holidays without loss of pay — namely. New Year's Day. Labour Day, Good Friday, Easter Monday. Anzac Day, Foundation Day. Port Hedland Cup Day. Queen's Birthday, Christmas Day and Boxing Day; provided that another day may be taken as a holiday by arrangement between the parties, in lieu of any of the days named in this subclause. (2) When any of the days mentioned in subclause (1) of this clause falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding 69 W.A.i.G. 1407 Monday and where Boxing Day falls on a Sunday or Monday it shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction ofpayandthe day for which it is substituted shall not be a holiday. (3) Any employee who absents himself/herself from work on the working day following a day observed as a holiday pursuant to this clause is not entitled to payment for that holiday unless he/she satisfies his/her employer that he/she had a reasonable excuse for his/ her absence. (4) No employee shall be compelled to work on a day observed as a holiday pursuant to this clause unless he/ she is required for the provision of essential services. (5) For the purposes of subclause (4) of this clause, shiploading may be conducted on all holidays with the exception of Christmas Day and New Year's Day unless previously agreed to between the employer and employees. Liaison between the employer and employees shall take place to ensure ships scheduled on holidays shall be loaded. (6) Any employee who is required to. and does, work on a holiday shall be entitled to a day off in lieu of the day worked, at a time mutually convenient to the employee and to the employer. The day taken in lieu of the holiday which was worked may be added to the next annual holiday of the employee but such day does not attract the annual holiday loading of 25 per cent. 16. — Special Leave. (1) Compassionate Leave: (a) On application to the employer up to 10 days leave per calendar year may be granted to the employee for compassionate reasons, and such leave shall be without deduction of pay for the period not exceeding the number of ordinary hours normally worked during the period of this leave. (b) Payment in respect of compassionate leave is to be made only where the employee otherwise would have been on duty and shall not be granted in any case where the employee concerned would have been off duty in accordance with any shift roster or on Long Service Leave, Annual Leave. Sick Leave, Workers' Compensation, Leave without pay or on a holiday. (c) For the purpose of this clause the pay of an employee employed on shift work shall be deemed to include any usual shift allowance. (d) Where situations occur requiring an absence in excess of that allowed under paragraph (a) of this subclause and there is no other leave accrued, special leave without pay shall not be refused. (e) The periods of leave entitlement under this subclause are subject to sufficient proof of the necessity being produced to the employer by the employee. Should special unpaid leave be granted, such unpaid leave shall not break continuity of service. (2) Special Leave: (a) Provided there is no other leave accrued, special leave without pay should not be refused, provided that sufficient proof of the necessity is produced to the employer by the employee. (b) Should special unpaid leave be granted, such unpaid leave shall not break continuity of service. (3) Sports Leave: Sports representation leave, unpaid, shall be granted with the agreement of the employer for the purpose of the employee attending a sports championship meeting as a team participant. Such leave up to five days per employee per calendar year shall not break the employee's continuity of service with the employer. (4) Jury Service: To compensate him/her for any loss he/she would otherwise suffer, an employee who is required by statute to attend for Jury Service shall be paid by the employer an amount equal to the difference between the payment he/she receives for Jury Service and the wages he/she would have received under this award for the ordinary hours he/she would otherwise have worked. 17. — Annual Leave. (1)(a) (i) Except as hereinafter provided a period of five consecutive weeks' leave with payment as prescribed in paragraph (b) of this subclause shall be allowed annually to an employee by his/her employer after a period of 12 months continuous service with that employer. This period of five consecutive weeks leave represents 25 normal working days and excludes an ADO. (ii) Any ADO falling within an approved period of annual leave is not rescheduled and does not count as annual leave taken. (b) (i) An employee before going on leave shall be paid the wages he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on leave during the relevant period. (ii) Subject to paragraph (c) of this subclause an employee shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following: (aa) The rate payable pursuant to Clause 23. — Wages of this award; (bb) Subject to paragraph (c) of this subclause the rate payable for work in ordinary time pursuant to Clause 12. — Shift Work of this award. (c) During the period of annual leave an employee shall receive a loading of 25 per cent calculated on the rate of wages prescribed by paragraph (b) of this subclause. The loading prescribed by this subclause shall not apply to proportionate leave on termination. (2) If any award holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, that day shall be added to that period of leave. (3)(a) If after one month's continuous service an employee lawfully leaves his/her employment or his/ her employment is terminated by the employer through no fault of the employee, he/she shall be paid at the rate prescribed by subclause (1) of paragraph (b) of this clause one-fifty-second of any annual leave entitlement accrued but not taken for each completed week of continuous service with the employer. (b) In addition to any payment to which he/she may be entitled under paragraph (a) of this subclause an employee whose employment terminates after he/she has completed a 12 months qualifying period and who has not been allowed the leave prescribed under this 1408 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 69 W.A.I.G. award in respect of that qualifying period shall be given payment in lieu of that leave or, in the case to which subclause (6) of this clause applies, in lieu of so much of that leave as has not been allowed, unless: (i) he/she has been justifiably dismissed for misconduct; and (ii) the misconduct for which he/she has been dismissed occurred prior to the completion of that qualifying period. (4) In special circumstances and by mutual consent of the employer and the employee, annual leave may be taken in not more than two periods but neither of such period shall be less than one weeek. (5)(a) Subject to the provisions of this subclause an employee who, during a period of annual leave, is confined to hospital for seven consecutive days or more as a result of personal sickness or injury is entitled to claim payment under Clause 19. — Sick Leave of this award in lieu of payment for annual leave for all or part of the period of confinement. (b) A claim under paragraph (a) of this subclause: (i) may not exceed the period of sick leave to which the employee was then entitled; (ii) shall be made within 14 days of the employee resuming work after his/her leave; (iii) shall be supported by a certificate from a qualified medical practitioner as to the period of hospitalization; (iv) shall not include the 25 per cent annual leave loading; (v) shall, if the foregoing conditions are satisfied, be granted. (c) Where an employee is paid for a period of confinement under this subclause he/she is entitled to a period of annual leave equivalent to the ordinary hours so paid which shall be taken no later than with his/her next annual leave or paid for if his/her service ends before that leave is taken. (6)(a) Subject to the provisions of paragraph (b) of this subclause an employee who desires to accumulate annual leave for a period of two years may do so if he/ she notifies his/her employer in writing prior to the commencement of the second 12-month qualifying period. (b) The maximum amount of leave that may be carried forward under paragraph (a) of this subclause is five weeks and no more than 10 weeks leave may be taken at any one time. (7)(a) An employee who proceeds on annual leave is entitled to holiday leave travel assistance twice per annum after completion of each 12 months continuous service in accordance with and subject to the following provisions of this subclause, but only if his/her contract of employment continues or is continued after the leave is completed. (b) (i) Subject to the provision of (a) of this subclause an employee who proceeds on annual leave for one week or more shall be entitled to holiday travel assistance equivalent to the cost of an economy class return air fare to Perth on up to two occasions for each complete year provided such assistance may only be claimed in respect of travel to and from the employee's place of engagement in that year and further provided that the assistance may only be claimed in the form of an air ticket or reimbursement of actual travel costs up to the value of a return economy class air ticket. (ii) Where the employee is a married employee whose spouse and dependants reside with him/her in the area of his/her employment, the spouse and each dependant, in their own independent right, shall be entitled to holiday travel assistance twice per annum in respect of any one completed year of the employee, of the equivalent cost of the date of travel, of one return air fare each. Dependants over three years and under 16 years, unless the dependant over 16 years is a bonafide full-time student, shall be entitled to these provisions. Provided neither the spouse nor dependants receive travel assistance from any other employer. (iii) In order to claim holiday leave travel assistance on the second occasion in any 12 month period the employee must take the balance of his/her annual leave entitlement of 25 days which has not been previously allowed. (c) (i) Where an employee takes leave in advance, after a minimum of six months service in that leave year, the employee may claim up to 50 per cent of the entitlement for that year, (ii) Where an employee has completed six months service in any leave year, his/her dependants as defined in subparagraph (ii) of paragraph (b) of subclause (7) of this clause may claim up to 50 per cent of the entitlement for that year. (d) An employee is not entitled to the benefits of this subclause both as an employee and as the spouse of an employee. (e) Where an employee who has been granted travel assistance under this subclause in respect of a period of annual leave fails to resume work with the employer upon completion of that leave, the employer may deduct from any moneys due to the employee the cost of such assistance unless the employer is satisfied that there were good and sufficient reasons which prevented the employee from so resuming. (f) Holiday leave travel assistance may only be granted or claimed in respect of approved recreational leave, and for no other purpose. (g) An employee shall give at least one month's notice of his/her intention to claim travel assistance. 18. — Long Service Leave. 1. Right to Leave: An employee shall, as herein provided, be entitled to leave with pay in respect of long service. 2. Long Service. (1) The long service which shall entitle an employee to such leave shall, subject as herein provided, be continuous service with one and the same employer. (2) Such service shall include all continuous service irrespective of age. (3)(a) Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called "the transmittor") to another employer (herein called "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee — the period of the continuous service which the employee has had with the transmittor (including such service with any prior transmittor), shall be deemed to be service of the employee with the transmittee. (b) In this subclause "transmission" includes transfer, conveyance, assignment or succession, whether voluntary or by agreement or by operation of law, and "transmitted" has a corresponding meaning. 69 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE (4) Where, over a continuous period an employee has been employed by two or more companies each of which is a related company within the meaning of section 6 of the Companies Act 1961 the period of the continuous service which the employee has had with each of those companies shall be deemed to be service of the employee with the company by whom he/she is last employed. Section 6 reads: (1) For the purposes of this Act. a corporation shall, subject to the provisions of subsection (3) of this section, be deemed to be a subsidiary of another corporation if. (a) that other corporation— (i) controls the composition of the Board of Directors of the first mentioned corporation; (ii) controls more than half of the voting power in the first mentioned corporation; or (iii) holds more than half of the issued share capital of the first mentioned corporation exclud- ing any part thereof which carries no right to participate beyond a specified amount in a distribution of either profits or capital; or (b) the first mentioned corporation is a subsidiary of any corporation which is that other corporation's subsidiary. (2) For the purpose of subsection (1) of this section, the composition of a corporation's board of directors shall be deemed to be controlled by another corporation if that other corporation by the exercise of some power exercisable by it without the consent of concurrence of any other person can appoint or remove all or a majority of the directors: and for the purposes of this provision, that other corporation shall be deemed to have power to make such an appointment if— (a) a person cannot be appointed as a director without the exercise in his/ her favour by that other corporation of such a power; or (b) a person's appointment as a director follows necessarily from his/her being a director or other officer of that other corporation. (3) In determining whether one corporation is a subsidiary of another corporation— (a) any shares held or power exercisable by that other corporation in a fiduciary capacity shall be treated as not held or exercisable by it; (b) subject to paragraphs (c) and (d) of this subsection, any shares held or power exercisable— (i) by any person as a nominee for that other corporation (except where that other corporation is concerned only in a fiduciary capacity); or (ii) by, or by a nominee for, a subsidiary of that other corporation, not being a subsidiary which is concerned only in a fiduciary capacity; shall be treated as held or exercisable by that other corporation; (c) any shares held or power exercisable by any person by virtue of the provisions of any debentures of the first mentioned corporation or of a trust deed for securing any issue of such debentures shall be disregarded; and (d) any shares held or power exercisable by, or by a nominee for, that other corporation or its subsidiary (not being held or exercisable as mentioned in paragraph (c) of this subsection) shall be treated as not held or exercisable by that other corporation if the ordinary business of that other corporation or its subsidiary, as the case may be, includes the lending of money and the shares are held or power is so exercisable by way of security only for the purposes of a transaction entered into in the ordinary course of that business. (4) A reference in this Act to the holding company of a company or other corporation shall be read as a reference to a corporation of which that last mentioned company or corporation is a subsidiary. Where a corporation— (a) is the holding company of another corporation; (b) is a subsidiary of another corporation; (c) is a subsidiary of the holding company of another corporation; that first mentioned corporation and that other corporation shall for the purposes of this Act, be deemed to be related to each other. (5) Such service shall include— (a) any period of absence from duty on any annual leave; (b) any period of absence from duty necessitated by sickness of or injury to the employee but only to the extent of 15 working days in any year of his/ her employment; (c) any period following any termination of the employment by the employer if such termination has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any award in respect of annual leave; (d) any period during which the service of the employee was or is intermpted by service— (i) as a member of the Naval, Military or Air Forces of the Commonwealth of Australia other than as a member of the Permanent Forces of the Commonwealth of Australia 1410 except in the circumstances referred to in section 31(2) of the Defence Act 1903-1956. (ii) as a member of the Civil Construction Corps established under the National Security Act 1939-1946; (iii) in any of the Armed Forces under the National Service Act 1951 (as amended). Provided that the employee as soon as reasonably practicable on the completion of any such service resumed or resumes employment with the employer by whom he/she was employed, immediately before the commencement of such service. (6) Service shall be deemed to be continuous notwithstanding— (a) the transmission of a business as referred to in paragraph (3) of this subclause; (b) the employment with related companies as referred to in paragraph (4) of this subclause; (c) any interruption of a class referred to in paragraph (5) of this subclause; (d) any termination of the employment by the employer on any ground other than slackness of trade if the employee be re-employed by the same employer within a period not exceeding two months from the date of such termination. (e) any termination of the employment by the employer on the ground of slackness of trade if the employee is re-employed by the same employer within a period not exceeding six months from the date of such termination; (1) any absence from duty after the coming into operation of this clause by reason of any cause not specified in this clause unless the employer, during the absence or within 14 days of the termination of the absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service, which notice may be given by delivery to the employee personally or by posting it by registered mail to his/her last recorded address, in which case it shall be deemed to have reached him/her in due course of post. Provided that the period of absence from duty or the period of any interruption referred to in paragraphs (d) to (f) inclusive of this paragraph, shall not (except as set out in paragraph (5) of this subclause), count as service. 3. Period of Leave. (1) The leave to which an employee shall be entitled or deemed to be entitled is 6V2 weeks for each five years continuous service, provided that— (a) no entitlement arises or is deemed to arise until the employee has completed five years continuous service; (b) leave may be taken in not more than two periods; (c) except in special circumstances approved by the employer no period shall be less than three weeks. (2) Leave taken pursuant to subclause (l)of this clause does not count as service for long service leave purposes but does not break the continuity of service. (3) An employee who completes 10 years continous service and remains in the service of the employer shall, for the purpose of accruing further entitlements to leave under this clause, be deemed to have commenced a new period of engagement on the day following the completion of that 10 years of service. (4) Where an employee is entitled to leave under the preceding provisions of this clause and his/her employment is terminated: (a) by his/her death; or (b) in any circumstances, otherwise than by his/her employer for serious misconduct; he/she shall be deemed to have commenced that leave immediately prior to such termination. 4. Payment for Period of Leave: An employee who proceeds on or is deemed to have commenced long service leave shall be paid for the period of leave the wage prescribed in the wages schedule and application to him/her immediately prior to the commencement of the leave together with such service pay as applies to him/her under Clause 25. — Service Payments of this award and an employee who resumes employment with same employer immediately following that leave shall then be paid a loading of 20 per cent of the ordinary wage prescribed in the wages schedule for the period of that leave. 5. Taking Leave. (1) In a case to which placita (a) and (b) of paragraph (4) of subclause 3 of this clause apply— (a) leave shall be granted and taken as soon as reasonably practicable after the right thereto accrues due or at such time or times as may be agreed between the employer and the employee or in the absence of such agreement at such time or times as may be determined by the Board of Reference having regard to the needs of the employer's establishment and the employee's circumstances. (b) except where the time for taking leave is , agreed to by the employer and the employee or determined by the Board of Reference the employer shall give to the employee at least one month's notice of the date from which his/her leave is to be taken (c) any leave shall be inclusive of any public holidays specified in this award occurring during the period when the leave is taken but shall not be inclusive of any annual leave. (d) payment shall be made in one of the following ways: (i) in full before the employee goes on leave; (ii) at the same time as his/her wages would have been paid to him/her if the employee had remained at work, in which case payment shall, if the 69 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1411 employee in writing so requires, be made by cheque posted to an address specified by the employee; or (iii) in any other way agreed between the employer and the employee, (e) No employees shall, during any period when he/she is on leave, engage in any employment for hire or reward in substitution for the employment from which he/she is on leave, and if an employee breaches this provision he/she shall thereupon forfeit his/her right to leave hereunder in respect of the unexpired period of leave upon which he/ she has entered, and the employer shall be entitled to withhold any further payment in respect of the period and to reclaim any payments already made on account of such period of leave. (2) In the case to which paragraph (4) of subclause 3 applies and in any case in which the employment of the employee who has become entitled to leave hereunder is terminated before such leave is taken or fully taken the employer shall, upon termination of his/her employment otherwise than by death pay to the employee, and upon termination of employment by death pay to the personal representative of the employee upon request by the personal representative, a sum equivalent of the amount which would have been payable in respect of the period of leave to which he/she is entitled or deemed to have been entitled and which would have been taken but for such termination. Such payment shall be deemed to have satisfied the obligation of the employer in respect of leave hereunder. 6. Granting Leave in Advance and Benefits to be Brought into Account. (1) The employer may by agreement with an employee allow leave to such an employee before the right thereto has accrued due, but where leave is taken in such case the employee shall not become entitled to any further leave hereunder in respect of any period until after the expiration of the period in respect of which such leave had been taken before it accrued due. (2) Where leave has been granted to an employee pursuant to the preceding paragraph before the right thereto has accrued due, and the employment subsequently is terminated, the employer may deduct from whatever remuneration is payable upon the termination of the employment such amount as represents payment for any period for which the employee has been granted long service leave to which he/she was not at the date of termination of his/her employment or prior thereto entitled. (3) Any leave in the nature of long service leave or payment in lieu thereof under a State Law or a long service leave scheme not under the provisions hereof granted to an employee by his employer in respect of any period of service with the employer shall be taken into account whether the same is granted before or after the coming into operation hereof and shall be deemed to have been taken and granted hereunder in the case of leave with pay to the extent ofthe period of such leave and in the case of payment in lieu thereof to the extent of a period of leave with pay equivalent thereof of the entitlement of the employee hereunder. 7. Records to be Kept. (1) Each employer shall. during the employment and for a period of 12 months thereafter, or in the case of termination by death of the employee for a period of three years thereafter, keep a record from which can be readily ascertained the name of each employee, and his/ her occupation, the date of the commencement of his/her employment and his/her entitlement to long service leave and any leave which may have been granted to him/her, or in respect of which payment may have been made hereunder. (2) Such record shall be open for inspection in the manner and circumstances prescribed by this award with respect to the time and wages record. 8. Special Board of Reference. (1) There shall be constituted a Board of Reference for the purpose hereof to which all disputes and matters arising hereunder shall be referred and the Board shall determine all such disputes and matters. (2) There shall be assigned to such Board, the functions of— (a) the settlement of disputes of any matters arising hereunder; (b) the determination of such matters as are specifically assigned to it hereunder. (3) The Board of Reference shall consist of one representative or substitute therefor nominated from time to time by the Australian Mines and Metals Association (Incorporated) and one representative or substitute nominated from time to time by the Trades and Labor Council of Western Australia together with a chairman to be mutually agreed upon the organisations named in this paragraph. 9. State Law. (1) The provisions of any State Law to the extent to which they have before the coming into operation hereof conferred an accrued right on a worker to be granted a period of long service leave in respect of a completed period of 15 or more years' service or employment or an accrued right on an employee or his personal representative to payment in respect of long service leave shall not be affected hereby and shall not be deemed to be inconsistent with the provisions hereof. (2) The entitlement of any such employee to leave in respect of a period of service with the employer completed after the period in respect of which the long service leave referred to in paragraph (1) of this subclause accrued due shall be in accordance herewith. (3) Subject to paragraphs (1) and (2) of this subclause the entitlement to leave hereunder shall be in substitution for and satisfaction of any long service leave to which the employee may be entitled in respect of employment of the worker by the employer. (4) An employer who under any State Law with regard to long service leave is exempted from the provisions of that law as at 1 April 1958, shall in respect of the employees covered by such exemptions be exempt from the provisions hereof. 10. Exemptions: The special Board of Reference may subject to such conditions as it thinks fit exempt any employer from the provisions hereof in respect of its employees where there is an existing or prospective long service scheme which, in its opinion, is, viewed as a whole, more favourable for the whole of the employees of that employer than the provision hereof. 1412 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 69 W.A.I.G. 19. — Sick Leave. (1) Subject as hereinafter provided an employee shall be entitled to payment for non-attendance on the grounds of personal ill-health or injury for not more than 60 hours during each year of continuous service. Payment hereunder may be adjusted at the end of each calendar year or at the time the employee leaves the service of the employer in the event of the employee being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. This clause shall not apply where the employee is entitled to compensation under the Workers* Compensation and Assistance Act. (2) No employee shall be entitled to the benefits of this clause unless he/she produces proof satisfactory to his/her employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for three days or more. (3) An employee to be entitled to payment for non- attendance on the ground of personal ill-health shall, as soon as reasonably practicable and, where possible, before the shift commences, notify the employer of his/ her inability to attend for work, the nature of his/her sickness (so far as is practicable) and the estimated duration of the absence. (4) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been allowed to any employee by his/her employer as paid sick leave may be claimed by the employee, and subject to the conditions hereinbefore prescribed, shall be allowed by his/her employer in any subsequent year without diminution of the sick leave prescribed in respect of that year. (5)(a) The company will provide a non-contributory sickness and Accident Plan for all permanent employees who are over 18 and under 66 years of age. The events covered and benefits payable under this plan are as follows: Insured Event Benefits Payable $ (i) Accidental death 50 000 (ii) Loss of two limbs or two eyes or an eye and a limb 25 000 (iii) Loss of one eye or limb 12 500 (iv) Loss of thumb and index finger 2 500 (v) Temporary total dis- The wages and ablement as a result of allowances, accident specified for the employee's classification in Clauses 23, 24 and 25 of this award (vi) In the event of temporary partial disablement of an employee as a result of an accident necessitating reclassification to a lower classification 50.00 p.w. (vii) Temporary total disable- The wages and ment arising from illness allowances specified for the employee's classification in Clauses 23, 24 and 25 of this award. (b) The plan applies 24 hours per day seven days per week whilst the employee is on the payroll of the employer. (c) An employee who considered that he/she has a bona fide claim under the plan is required to complete an appropriate claim form and provide any relevant information and medical evidence that may be required to substantiate the claim and the period of incapacity involved. (d) No claim may be made under this plan unless the temporary, total or partial disablement is more than seven consecutive days from the commencement of treatment by a legally qualified medical practitioner. (e) Weekly benefits for temporary, total or partial disablement for any one accident or illness are payable for a maximum of 104 weeks and shall begin after the seventh consecutive day from the commencement of treatment by a legally qualified medical practitioner. (f) The amount of any benefit payable is reduced by the amount of any workers' compensation payment received by the employee. (g) Subject to the employee completing all necessary claim forms and providing all necessary medical evidence the company will, in those cases where it has recommended payment of the claim, advance an amount equal to the base weekly wage of the employee as stated in subparagraphs (v), (vi) and (vii) of paragraph (a) of this subclause pending acceptance of the claim by the company's insurers. Any such money advanced by the company may be recovered by the company in the event of the claim being rejected by the insurers and such recovery may be made by deductions from the employee's wages. (h) The weekly benefits payable under this scheme do not apply for the day scheduled as the Allocated Day Off. (i) A recurrence of temporary, total or partial disablement from the same or related cause or causes will be deemed to be a continuation of the prior period of total or partial disablement unless between such periods the employee has performed his/her normal duties on a full-time basis for at least six consecutive months, in which event such total or partial disablement shall be deemed the result of a new injury or illness. 20. — Workers' Compensation. (1) An employee who, by temporary incapacity from his/her employment under this award and who is entitled to weekly employees' compensation benefit for that incapacity shall be paid within the meaning of "weekly earnings" the rate of wage for one week prescribed by Clause 23. — Wages of this award, excluding any payment by way of shift allowance, weekend or holiday shift premium, disability and or special rates. (2) An employee who maintains entitlement pursuant to subclause (1) of this clause shall, for any such period of time, also be paid for each week of incapacity. Normal entitlement to service pay. site allowance and district allowance. (3) Subject to the claim for Workers' Compensation being approved by the insurers, the claimant will receive his/her compensation as per subclauses (1) and (2) of this clause above on his/her regular pay day. (4) Subject to a claim for Workers' Compensation being completed by the employee, the company will, in those cases where it has recommended payment of the claim, advance an amount equal to the base weekly wage of the employee, payable on the employee's regular pay day for absences of one full week or more. Any such money advanced by the company may be recovered by the company in the event of the claims being rejected by the insurers and such recovery may be made by deductions from the employee's wages. 69 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1413 21. — Leave for Union Training. (1) Upon application to the employer by an accredited Union representative a total of 10 mandays per calendar year may be allowed without loss of ordinary hours of pay for the purpose of Union members attending approved training courses or seminars. (2) The total of 10 mandays applies to each Union party to this award. (3) Any time so spent shall not break the employee's continuity of service with the employer. 22. — Training and Promotion. The employer recognises the expressed wishes of the employees for job opportunities to be made available to current employees. The employer shall give first choice of jobs in higher classifications to current employees after taking into account, but not being limited to, the following considerations: (1) length of service; (2) desire for upgrading by the employee; (3) aptitude. 23. — Wages and Allowances. (1) The weekly rates of pay under the provisions of this award shall be; From From 3/10/88 3/4/89 Classification: $ $ Boilermaker (who is also required to mark-out) 434.80 444.80 Boilermaker 432.70 442.70 Fitter and Turner 432.70 442.70 Fitter — Mixed Plant 432.70 442.70 Fitter — Heavy Duty Diesel 432.70 442.70 Electrical Fitter 432.70 442.70 Serviceman 406.70 416.70 Tool and Material Storeman 400.30 410.30 Machinist — Second Class 400.30 410.30 Trades Assistant 390.30 400.30 Mobile Equipment Operator — Grade 2 415.20 425.20 Mobile Equipment Operator — Grade 1 409.20 419.20 Process Operator — Grade 2 387.70 397.70 Process Operator — Grade 1 380.50 390.50 General Hand 358.30 368.30 (2) Leading Hand: In addition to the wage prescribed in subclause (1) of this clause a Leading Hand shall be paid: $ (a) if placed in charge of not less than three and no more than 10 other employees 15.20 (b) if placed in charge of more than 10 and no more than 20 other employees 23.40 (3) A temporary employee shall be paid five per cent of the ordinary rate in addition to the wage he/she is otherwise entitled to for the calling in which he/she is employed. (4)(a) All tradesmen shall be required to provide themselves with an adequate kit of tools. This kitoftools shall be as agreed upon between the Unions and the employer. (b) A tool allowance of $ 10.20 flat per week shall be paid to compensate tradesmen for wear, tear, loss and damage of their kit of tools. Should tools be lost or damaged through no fault of the tradesman concerned, the circumstances shall be reviewed and if the claim is justified tools shall be replaced at the employer's expense. (5) A tradesman with one year's job experience with the company shall be paid an allowance of $6.20 flat per week which shall be increased to $11.60 flat per week after two years job experience with the company. (6) The allowances prescribed in paragraph (b) of subclause (4) and subclause (5) of this clause are to be paid for five days worked in any week and shall be pro rated downwards if less than five days are worked. (7) On each occasion when the