Benchmark WA Industrial Relations Case Database

No. 434 of 1987

(1987) 67 WAIG Single Commissioner (WAIRC) 1987-04-24 File: No. 434 of 1987
Source
Not yet cited by other cases
APPLICANT: No. 434 of 1987. Between West Australian Government Railways Commission
RESPONDENT: Australian Railways Union of Workers West Australian Branch and Others
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Not yet cited by other cases Signal-weighted score: 0.0
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Concept tags · 6

[P]General Order — rates of pay and minimum conditions (WA s50A) [P]Dismissal while injured/on workers comp [P]Workers compensation claim (WA) [S]Unfair dismissal (WA) [S]Unfair dismissal (federal) [S]Compensation for unfair dismissal
Archived text (736 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 434 of 1987. Between West Australian Government Railways Commission, Applicant and Australian Railways Union of Workers West Australian Branch and Others, Respondents. Order. HAVING heard Mr A. Hassell on behalf of the Appli- cant, Mr R.M. Collie on behalf of the Respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, and being satisfied 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 Railway Employees Award No. 18 of 1969 as amended, be varied in accordance with the following Schedule "A" and consolidated in accor- dance with Schedule "B" and that such variation and consolidation shall have effect from the beginning of the first pay period commencing on or after 30 June 1987. Dated at Perth this 14th day of July 1987. (Sgd.) O.K. SALMON, [L.S.] Commissioner. Schedule "A". 1. Clause 1.—Title: Delete "1977 and further amended and consolidated 1984". 2. Clause 2.—Arrangement: Amend the following numbers and titles:— 2 (4) — delete "of Award" 2 (6) (A) — insert "Introduction of Change" 2 (15) — delete "and Workers' Compensation" 2 (24) — delete "Water Allowance" — insert "Deleted" 2 (29) — delete "Travelling by Sea" — insert "Deleted" 2 (33) — delete "Apprentices" — insert "Apprenticeships" 2 (37) — delete "(Other than Safeworking Porters)" 2 (37) — delete (Traffic Only) (Sixth Shift Penalties) — insert "Traffic Section" after "Week's Work" 2 (45) — delete "45 Apprenticeships" — delete "Schedule" — insert "Schedule A — Midland Workshops Disability Allowance Groupings" — insert "Schedule B — Uniforms and Clothing" 3. Clause 3.—Term: Insert "(This Award was delivered on the 25th day of July 1969)". 4. Clause 4.—Area and Scope: Delete $10 (XX) and insert $50 000. 5. Clause 6.—No Reduction: Immediately following this clause insert new Clause 6A.—Introduction of Change:— 6A.—Introduction of Change. (1) Employer's Duty to Notify (a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and their union or unions. (1987) 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1. (b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and restructuring of jobs. Pro- vided that where the Award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect. (2) Employer's Duty to Discuss Change (a) The employer shall discuss with the employees affected and their union or unions, inter alia, the introduction of the changes referred to in subclause (1) hereof, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or their unions in relation to the changes. (b) The discussion shall commence as early as practicable after a firm decision has been made by the employer to make the changes referred to in subclause (1) hereof. (c) For the purposes of such discussion, the employer shall provide to the employees concerned and their union or unions, all relevant information about the changes proposed; the expected effects of the changes on employees and any other matters likely to affect employees, pro- vided that any employer shall not be required to disclose confidential informa- tion the disclosure of which would be inimical to the employer's interests. 6. Clause 7.—Preference: Delete the contents of this clause and insert "Deleted by section 88 (3) of the Acts Amendment and Repeal (Industrial Relations) Act (No. 2) 1984". 7. Clause 8.—Board of Reference: Amend the following subclauses:— 8 (1) Amend — "regulation 52 of the Industrial Arbitration Act" to read "section 48 of the Industrial Relations Act". Delete "(Western Australian Industrial Commission) Regulations 1974". 8 (3) Amend — "regulation 66 of the Industrial Arbitration Act (Western Australian Industrial Commission) Regulations 1974" to read "regulation 26 of the Industrial Relations Act (