WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 314 (1) of 1987. Between Australasian Society of Engineers, Moulders and Foundry Workers Industrial Union of Workers, WA Branch, Applicant and State Energy Commission, Respondent. Order. HAVING heard Dr J. Crouch on behalf of the applicant and Mr N.J. Mitsopoulos on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, having satisfied itself that the terms of the General Order of the Commission No. 1195 of 1986, dated 24 April 1987, have been complied with, and by consent, hereby orders — That the Gas Workers (SEC) Agreement 1977 No. 6 of 1978 as amended, be further amended in accordance with the following Schedule with effect from the beginning of the first pay period commencing on or after the 10th day of March 1987 in relation to Clause 22, and with effect from the beginning of the first pay period commencing on or after 1 July 1987 in relation to Clauses 2, 8, 25 and 26. Dated at Perth this 1st day of July 1987. (Sgd.) O.K. SALMON, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement. Immediately following number and title 24.—Leave to Attend Union Business insert new numbers and titles:— 25. Deduction of Union Subscriptions. 26. Trade Union Training Leave. 2. Clause 8.—Overtime: Delete subclause (3) and paragraphs (b) and (c) of subclause (4) of this clause and insert in lieu the following:— (3) (a) A worker required to return to work over- time after leaving his employer's premises and who returns home on completion of that overtime, shall be paid $7.60 in addition to the following minimum payments for any overtime worked, namely — (i) if notified of the requirement to work overtime before leaving his employr's premises — (aa) for a minimum of two hours at overtime rates on a Saturday; (bb) for a minimum of one hour at over- time rates on any other weekday. (ii) if not so notified — (aa) for a minimum of three hours at overtime rates on a Saturday; (bb) for a minimum of two hours at overtime rates on any other weekday; and the worker shall not be obliged to work for the minimum period applicable to him if the job for which he has been brought in has been completed in less time. (b) The provisions of this subclause do not apply to Sunday work. (c) The allowance of $7.60 prescribed in para- graph (a) of this subclause shall be halved where the employer provides transport. (4) (b) Subject to the provisions of paragraph (c) hereof, in addition to the minimum payment detailed in subclause (a) a worker, required to return to work overtime after leaving his employer's premises and who returns home on completion of that overtime, shall be paid $7.60. (c) The allowance of $7.60 prescribed in para- graph (b) of this subclause shall be halved where the employer provides transport. 3. Clause 22.—Wages: Delete subclause (1) and para- graph (a) of subclause (2) of this clause and insert in lieu the following:— (1) A worker shall be paid the rate per week and, in addition, the special payment assigned to his classification for 37Vi hours' work. Provided that where a worker is — (a) in his third year of service, the rate per week for 37 Vi hours' work shall be that prescribed in Column "A". (b) in his fourth or subsequent year of service, the rate per week for 37 Vi hours' work shall be that prescribed in Column "B". Rate Per Week Column Column Special "A" "B" Payment Appliance Tester Gas Fitter Class 1 Gas Fitter Class 2 Trainee Gas Fitter Gas Fitter's Assistant Gas Meter Tester Gas Meter Repairer — First 12 months Thereafter Gas Meter Preparer Holder Attendant (Gas Works) Labourer Mainlayer/Servicelayer Mainlayer/Servicelayer's Assistant Maintenance Man 287.70 299.60 316.70 59.50 274.50 282.80 286.60 45.10 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1179 (2) (a) Junior Workers wage per 37 Vi hours' work per week expressed as a percentage of "Gas Meter Preparer" rate: % Rate Special Per Week Payment S S Under 16 years of age 35 85.70 15.70 16 years of age 45 110.10 20.20 17 years of age 55 134.60 24.70 18 years of age 65 159.00 29.20 19 years of age 78.5 192.10 35.20 20 years of age 93 227.50 41.80 4. Insert new Clause 25.—Deduction of Union Subscriptions as follows:— 25.—Deduction of Union Subscriptions. (1) The Commission shall deduct normal subscriptions as equal amounts each pay period. (2) Payroll Deduction Authority forms shall be completed by employees. Where the Commission requires a standard procuration form, that form shall be used. (3) Where required by the Commission or Union, the Union Secretary, or person acting in his/her stead, shall countersign all forms and forward them to the Commission's paymaster. (4) (a) The Commission shall commence deduction of subscriptions from the first full pay period following receipt of a completed Payroll Deduction Authority form and continue deducting throughout the employee's period of employment, except as provided in subclause (5) of this clause or until the Authority is cancelled in writing by the employee. (b) Where the Payroll Deduction Authority form authorises the Commission to deduct union subscriptions in accordance with the rules of the Union, the Union shall notify the Commission in writing of the level of union subscription to be deducted. The Commission shall implement any change to union subscriptions no later than one month after being notified by the Union except where the Union nominates a later date. (5) (a) The collection of any nomination fee, arrears, levies or fines are not the responsibility of the Commission. (b) Where a deduction is not made from an employee in any pay period, either inadvertently or as a result of an employee not being entitled to wages sufficient to cover the subscription, it shall be the employee's responsibility to settle the out- standing amount with the Union direct. (6) The Commission shall not make any deduction of subscriptions from an employee's termination pay on termination of service, other than normal deductions for the preceding pay period. (7) The Commission shall forward contributions deducted, together with supporting documentation, to the relevant union party to this award at such intervals as are agreed between the Commission and the Union. 5. Insert new Clause 26.— Trade Union Training Leave as follows:— 26.—Trade Union Training Leave. (1) Subject to the provisions of this clause: (a) The Commission shall grant paid leave of absence to employees who are nominated by their union to attend short courses conducted by the Australian Trade Union Training Authority. (b) Paid leave of absence shall also be granted to attend similar courses or seminars as from time to time approved by agreement between the Union and the Commission. (2) An employee shall be granted up to a maximum of five days paid leave per calendar year for trade union training or similar courses or seminars as approved. However, leave of absence in excess of five days and up to 10 days may be granted in anyone calendar year provided that the total leave being granted in that year and in the subsequent year, does not exceed 10 days. (3) (a) Leave of absence will be granted at the ordinary rate of pay and shall not include shift allowances, penalty rates or overtime. (b) Where a public holiday or rostered day off (including a rostered day off as a result of working a 38-hour week) falls during the duration of a course, a day off in lieu of that day will not be granted. (4) Subject to subclause (3) of this clause, shift workers attending a course shall be deemed to have worked the shifts they would have worked had leave not been taken to attend the course. (5) The granting of leave pursuant to the provi- sions of subclause (1) of this clause is subject to the operation of the Commission not being unduly affected and to the convenience of the Commission. (6) (a) Any application by an employee shall be submitted to the Commission for approval at least four weeks before the commencement of the course, provided that the Commission may agree to a lesser period of notice. (b) All applications for leave shall be accompanied by a statement from the relevant union indicating that the employee has been nominated for the course. The application shall provide details as to the subject, commencement date, length of course, venue and the authority which is conducting the course. (7) A qualifying period of 12 months in Govern- ment employment shall be served before an employee is eligible to attend courses or seminars of more than a half day duration. The Commission may, where special circumstances exist, approve an application to attend a course or seminar where an employee has less than 12 months service with the Commission. (8) (a) The Commission shall not be liable for any expenses associated with an employee's attendance at trade union training courses. (b) Leave of absence granted under this clause shall include any necessary travelling time in normal working hours immediately before and after the course. GOVERNMENT RAILWAYS LOCOMOTIVE ENGINEMENS. Award No. 13 of 1973. BEFORE THE