WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 169 of 1986. Between Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth, Applicant and Electrical Contractors Association and Others, Respondents. Order. HAVING heard Mr L. J. Benfell on behalf of the appli- cant and Mr M.R. Crofts on behalf of the respondents, and Mr G.J. Hindley on behalf of the Federation of Contractors, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders — That the Electrical Contracting Industry Award No. R22 of 1978 be varied in accordance with the following Schedule and that such variation shaU have effect from the beginning of the first pay period commencing on or after the 19th day of March 1986. Dated at Perth this 21st day of April 1986. (Sgd.) G.G. HALLIWELL, [L.S.] Senior Commissioner. Schedule. 1. Clause 20.—Allowance for Travelling and Employ- ment in Construction Work: Delete subclause (2) of this clause and insert in lieu:— (2) An employee to whom subclause (1) of this clause does not apply and who is engaged on construction work shall be paid an allowance in accordance with the provisions of this subclause to compensate for travel patterns and costs peculiar to 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 707 the industry, which include mobility requirements of employees, and the nature of employment in the construction work covered by this award — (a) On jobs measured by radius from the General Post Office, Perth situated within the area of: Per Day $ (i) Up to and including 50 kilometre radius 7.10 or (ii) Over 50 kilometres up to and including 60 kilometre radius 10.45 or (iii) Over 60 kilometres up to and including 75 kilometre radius 14.45 or (iv) Over 75 kilometres up to and including 90 kilometre radius 18.10 or (v) Over 90 kilometres up to and including 105 kilometre radius 20.45 (b) In respect of work carried out from an employer's depot situated more than 60 kilometres by radius from the General Post Office Perth, the main Post Office in the Town in which such depot is situated is substituted as the centre for the purpose of determining the allowance to be paid to an employee. (c) Where transport to and from the job is provided by the employer from and to his depot or such other place more convenient to the employee as is mutually agreed upon between the employer and the employee, half the above rates shall be paid. Pro- vided that the conveyance used for such transport is equipped with suitable seating and weatherproof covering. 2. Clause 21.—Distant Work: Delete subclauses (6) and (9) of this clause and insert in lieu:— (6) An employee to whom the provisions of subclause (1) of this clause apply shall be paid an allowance of $14.20 for any weekend that he returns to his home from the job but only if — (a) He advises the employer or his agent of his intention no later than the Tuesday immediately preceding the weekend in which he so returns; (b) He is not required for work during that weekend; (c) He returns to the job on the first working day following the weekend; and (d) The employer does not provide or offer to provide suitable transport. (9) Where an employee, supplied with the board and lodging by his employer, is required to live more than 800 metres from the job he shall be provided with suitable transport to and from that job or be paid an allowance of $6.30 per day provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer. 3. Clause 30.—Special Provisions — State Energy Commission of Western Australia: Delete subclauses (3), (4), (5) and (6) of this clause and insert in lieu:— (3) (a) An employee to whom Clause 20.—Allow- ance for Travelling and Employment in Construc- tion Work applies and who is engaged on construction work at Muja shall be paid: (i) An allowance of $7.10 per day if he resides within a radius of 50 kilometres from the Muja Power Station; (ii) an allowance of $20.70 per day if he resides outside that radius in lieu of the allowance prescribed in the said clause. (b) Where transport to and from the job is supplied by the employer from and to a place mutually agreed upon between the employer and the employee half the above rates shall be paid provided that the conveyance used for such transport is equipped with suitable seating and weatherproof covering. (4) In addition to the allowance payable pursuant to subclause (6) of Clause 21.—Distant Work of this award an employee to whom that clause applies shall be paid $12.00 on each occasion upon which he returns home at the weekend but only if — (a) he has completed three months' continuous service with the employer; (b) he is not required for work during the weekend; (c) he returns to the job on the first working day following the weekend; (d) the employer does not provide or offer to provide suitable transport and such payment shall be deemed to compensate for a periodical return home at the employer's expense. (5) An employee to whom Clause 21.—Distant Work of this award applied and who proceeds to construction work at Muja from his home where located within a radius of 50 kilometres from the General Post Office, Perth — (a) shall be paid an amount of $35.80 and for three hours at ordinary rates in lieu of the expenses and payment prescribed in subclause (3) of the said clause; and (b) in lieu of the provisions of subclause (4) of the said clause, shall be paid $35.80 and for three hours at ordinary rates when his services terminate if he has completed three months' continuous service and the provisions of subclause (3) and subclause (4) of Clause 21.—Distant Work shall not apply to such an employee. (6) (a) A worker to whom the provisions of Clause 21.—Distant Work of the Electrical Con- tracting Industry Award R22 of 1978 applies who work at Muja and who elects not to live in Construction Camp Accommodation shall, subject to paragraph (b) of this subclause, be paid a living- out allowance at the rate of $169 per week to meet the expenses reasonably incurred by him for board and lodging. (b) (i) The allowance prescribed in paragraph (a) shall only apply to a worker while he continues to live with his wife (including de facto) in accommodation provided by himself. (ii) The accommodation shall be of a reasonable standard. (iii) The worker shall continue to maintain his original residence. 708 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 66 W.A.l.G. (iv) Workers on site at Muja as at 18 September 1984 shall advise their employer not later than 3 October 1984 of their intention to avail themselves of the provisions of this subclause. (v) The worker shall satisfy the employer, upon request, that his circumstances meet the requirements of this subclause. (vi) Any dispute as to the application of this clause shall be subject to discussion between the employer and the Union and, failing agreement, shall be referred to a Board of Reference for determination. (c) Provided that the provisions of subclause (6) of Clause 21.—Distant Work of this Award shall not apply. ENGINEERING TRADES (Government). Award Nos. 29, 30, 31 of 1961 and No. 3 of 1962. BEFORE THE