WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 695 of 1986. Between the Western Australian Carpenters and Joiners, Bricklayers and Stoneworkers Industrial Union of Workers and Others, Applicants and Goldsworthy Mining Limited, Respondent. Order. HAVING heard Mr L.J. Benfell on behalf of the appli- cants and Mr G. McKenzie 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. 261 of 1986, dated 9 July 1986 have been complied with, and by consent, hereby orders — That the Iron Ore Production and Processing (Goldsworthy Mining Limited) Award No. 43 of 1981 be varied in accordance with the following Schedule with effect from the first pay period commencing on or after the 25th day of July 1986. Dated at Perth this 6th day of November 1986. (Sgd.) J.F. GREGOR, [L.S.] Commissioner. Schedule. Part I — General. 1. Clause 12.—Overtime: Delete subparagraph (ix) of paragraph (a), subparagraphs (viii) and (ix) of paragraph (e) of subclause (3) and insert in lieu: (3) (a) (ix) An employee who works for more than four hours on a specific job/s or who replaces an employee for half of shift shall, in addition to payment for the time worked on a call-out, receive a call-out allowance of $5.80. (e) (viii)Where, pursuant to the provisions of this clause, an employer is required to supply a meal to an employee free of charge he shall, if he is unable to supply that meal, pay to the employee $5.80 in lieu thereof, but an employee may not elect to take payment in lieu of a meal when the employer is able to supply that meal. (ix) An employee who, pursuant to a notification on the previous day or earlier of a requirement to work overtime, has provided himself with a meal or meals shaU, for each such meal not required, owing to less overtime being worked than was notified, be paid $5.80. 2. Clause 13.—Shift Work: Delete paragraph (a) of subclause (6) and insert in lieu — (6) (a) Subject to the provisions of this clause, an employee employed on shift work shall, in addition to his ordinary rate of wage, be paid for each hour worked — (i) If a two or three shift employee: 75 cents. (ii) If a continuous shift employee: 83 cents. 3. Clause 14.—Weekend Work: Delete paragraph (a) of subclause (2) and insert in lieu:— (2) (a) All time worked by Continuous Shift and Six Day Employees during the ordinary hours of work on Saturday shall be paid for at the rate of time and one half. Afternoon shift on Saturday shall be paid for at the rate of time and one half, plus $6.50. 4. Clause 22.—Distant Work: Delete subclause (4) and insert in lieu:— (4) An employee who is required to stay away from his home for one night, but not more than five consecutive nights, shall be entitled to receive $5.80 for each night away from his home site, providing that this clause does not apply to employees who are required to remain away from home in accordance with their normal roster. 5. Clause 27.—Service Payments: Delete this clause and insert in lieu: 27.—Service Payments. (1) Subject to the provisions of this clause each adult employee shall, in addition to payments otherwise due to him under this Award, be paid service pay as follows:— Per Week 3-6 months' continuous service $23.80 6-12 months' continuous service $29.70 12-18 months' continuous service $41.40 18-24 months' continuous service $47.30 1666 66 W.A.I.G. Per Week 2-3 years' continuous service $56.40 3-4 years' continuous service $61.30 4-5 years' continuous service $67.30 5-6 years' continuous service $73.10 6-7 years' continuous service $76.90 7 plus years' continuous service $82.90 (2) "Continuous Service" has the same meaning in this clause as it has in Clause 18.—Long Service Leave. (3) The payments prescribed in this clause are payable for the ordinary hours prescribed in Clause 11.—Hours of this Award and are not included in the ordinary wage for the calculation of overtime or penalty rates but, subject to the provisions of this Award, form part of the ordinary wage payable during annual leave, public holidays, paid sick leave, paid special leave and Long Service Leave. (4) This clause does not apply to junior employees. (5) Notwithstanding the provisions of subclause (4), for the purposes of this clause apprentices shall be deemed to have commenced their employment at the commencement of their final year. Apprentices who continue their employment with the Company after completing their apprenticeship will receive subsequent service pay increases. 6. Clause 28.—Special Rates and Provisions: Delete paragraphs (c) and (e) (i) of subclause (1), subclauses (6), (10) and (13) to (23) inclusive of this clause and insert in lieu:— (I) (c) The said allowance shall be paid for each hour worked and shall be inclusive of a clothing allowance — Group 1 : 61 cents/hour Group 2 : 50 cents/hour Group 3 : 38 cents/hour Group 4 : 33 cents/hour Group 5 : 23 cents/hour (e) (i) Subject to the provisions of subparagraph (ii), where the conditions under which work is to be performed are exceptional, an employee shall be paid 26 cents per hour, in addition to the appropriate disability group allowance or any other allowance to which he may be entitled. (6) An employee engaged on work involving the opening-up of house drains or waste-pipes, or on work involving the cleaning of septic tanks or dry wells shall, in addition to any allowance to which he is otherwise entitled under this clause, be paid $2.70 on any day on which he is so employed, but this subclause does not apply to the opening-up of storm water drains or other drains of a similar kind. (10) An electrical fitter or installer, who is required to carry out work as a linesman on poles and above the ground, shall be paid an allowance of $3.00 per day on which he is so employed. (II) An employee shall be paid an allowance of $1.41 per day on which he/she works at the height of 15.5 metres or more above the nearest horizontal plane, but this provision does not apply to linesmen nor to riggers and splicers. (13) Hiab Hoist: An employee, other than a crane operator, required by the Company to operate a Hiab Hoist, subject to his being the holder of the appropriate certificate, shall, in addition to any other entitlement, be paid an allowance of $3.00 per week. This allowance shall continue to be paid thereafter as a flat weekly entitlement to the employee unless and until the employee is advised by the Company that he will no longer be required to operate a Hiab Hoist. (14) An employee required to:— (a) use a jack hammer — (i) inside the crusher at Finucane Island; (ii) Unloading ore cars at the train unloader; (iii) in the apron feeder and centre chute; or (b) the ground operator using the vacuum hose of the ultra vac machine, shall be paid a special allowance, in addition to any other entitlement, of 26 cents per hour for all time spent on such work. (15) Pit De-watering Allowance: (a) A special allowance is payable for employees engaged in the duties of coupling, uncoupling and carrying out minor repairs to the pipe and associated equipment in wet and dry conditions; during pit de-watering operations 48 cents per hour shall be paid to an employee for all hours of a shift in which he was actually engaged in pit de-watering operations. (b) Where an employee is required to work inside mine de-watering staging tanks and he has not been engaged on the day or shift in other mine de-watering duties listed in subparagraph (a) of this subclause, he shall be paid 48 cents per hour for all hours of a day or shift in which he was actually engaged in cleaning staging tanks. (16) Stockpile Dozing: Dozer operators, whilst working on top of stockpiles, shall be paid 26 cents per hour for each hour worked, in addition to the rate prescribed in subclause (1) (c) of this clause. (17) Trades assistants or labourers, engaged on sand-blasting inside the Modernair water cooler at Goldsworthy power house and inside the Goldsworthy crusher mantle, shall be paid an additional 35 cents per hour for each hour so engaged. (18) Ore Handlers at Finucane Island, working in screens, apron feeders, enclosed chutes and centre chutes or ore handling machines, will be paid an additional 26 cents per hour for each hour actually worked in those areas. (19) Employees engaged on specialised chemical cleaning of the Trane Centravac chillers at Shay Gap shall be paid an additional 35 cents per hour for each hour so engaged. (20) Track maintenance employees who are required to use a heavy pneumatic spike driver or pneumatic sleeper boring machine shall be paid 26 cents per hour whilst so engaged. This allowance shall be in addition to the group disabilities payable. (21) A shovel operator who is required to operate a shovel in water, where he is unable to see the floor of the mine, shall be paid 19 cents per hour for each hour so engaged. (22) Shay Gap crusher employees, while screening is being carried out, shall be paid 26 cents per hour for all hours worked. (23) Employees required to wear fully enclosed protective equipment which has an external air support system, as part of the protective equipment, then worn by the employee, will be paid an aEowance of 61 cents per hour while employed on work which requires them to wear such protective equipment. 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1667 7. Clause 30.—Wages: Delete paragraphs (f), (g), (h), 0) to (q) inclusive of subclause (2) and subclause (5) and insert in lieu:— (2) (f) Experienced Tradesman's Allowance: Tradesmen employed in classifications listed in paragraph (iii) of this subclause shall — (i) After 12 months' continuous service be paid an all-purpose rate of $6.40 per week. (ii) After two years' continuous service, be paid an extra all-purpose rate of $4.90 per week, to total $11.30 per week. (iii) Painters, Carpenters, Plumbers, Brick- layers, Boilermaker/Welders, Fitters and Turners, Fitters, Refrigeration Fitters/ Mechanics, Welders, Panel Beaters and/or Spray Painters, Mechanical Fitters, Motor Mechanics, Machinists First Class, Electrical Fitters, Electrical Installers, Automotive Electrical Fitters, Sheet Metal Workers, Fitters — Fuel Injection appointed as such, Brake Equipment Fitters — Railway, Instrument Makers and/or Repairers, Radio and Telephone Technicians and Servicemen, Electricians — Special Class appointed as such. Industrial Electricians appointed as such, Radio Communications Electronic Technicians, Linesmen, Tele-communica- tions Technicians and Plant Mechanics. (g) Tool Allowance: (i) Tradesmen employed in classifications listed in subparagraph (ii) of this para- graph shall be paid an all-purpose rate of $8.10 per week. (ii) Painters, Carpenters, Plumbers, Brick- layers, Boilermaker/Welders, Fitters and Turners, Fitters, Refrigeration Fitters/ Mechanics, Welders, Panel Beaters and/or Spray Painters, Mechanical Fitters, Motor Mechanics, Machinists — First Class, Electrical Fitters, Electrical Installers, Automotive Electrical Fitters, Sheet Metal Workers, Fitters — Fuel Injection appointed as such, Brake Equipment, Fitters — Railway, Instrument Makers and/or Repairers, Radio and Telephone Technicians, Electricials — Special Class appointed as such, Industrial Electricians appointed as such, Linesmen and Radio, Telephone Servicemen, Telecommunications Technicians, Radio Communications Electrical Technicians and Plant Mechanics. (iii) This allowance shall not be paid where the employer supplies the employee with all necessary tools. (iv) An employee in receipt of this allowance shall provide himself with all basic and appropriate tools, kept in suitable condition, for the performance of his work. (v) An employee who fails to supply himself with all basic and appropriate tools shall not be entitled to this allowance until he complies with subparagraph (iv). (vi) The previous practice of the employer replacing worn-out and stolen tools shall be replaced by this subparagraph. (h) Running Shed Allowance: Tradesmen and their Assistants engaged on trip maintenance work, when employed on maintenance and repair work on diesel electric locomotive engines (other than work performed at a work bench), shall be paid an all- purpose allowance of $18.30 per week for the life of the Award. NOTE: This payment is in lieu of all special rates and disabilities other-wise payable under this Award. (j) Goldsworthy Mining Flexibility and Training Allowances: In recognition of the flexibility that is provided, which results in an increase in training requirements: Employees who are not eligible for the experienced tradesman or ticketed operators allowance, are entitled to an all purpose allowance of — (a) $2.42 per week (six cents per hour). (After 12 months in that classification.) or (b) $2.82 per week (seven cents per hour). (After 24 months in that classification.) (i) Payment of the above allowance is dependent upon employees providing flexibility and training, within the classifications of the Union concerned, to the extent of their training and competence. (ii) Employees who transfer, from one site to another or into another classification, in which the contract of employment restricts that employee from carrying out duties within their previous classification, are not entitled to the provisions of (a) or (b) above, until they have served 12 months in that classification. (iii) Additionally, this allowance is not payable for any employee who is not ready, willing and available to work in any classification covered by their Union and within his/her competence at any time that they may be required to do so. (k) A shift Tradesman (as defined) shall be paid a margin of $10.80 per week in addition to the appropriate wage for his classification. (1) Plumbers' Registration Allowance: A registered plumber will be entitled to an all purpose allowance of $14.90 per week. (m) Electrician's Licence Allowance: (i) An Electrical Fitter or an Electric Installer or other Electrical Tradesman as the case may be, who has successfully completed his apprenticeship and who has obtained by examination and continues to possess a current State Energy Commission of WA "licence" of not less than B class standard shall, in addition to the wage prescribed by subclause (2) (b) of this clause, be paid an allowance of $11.70 per week. (ii) Dual Licence Allowance — An Electrical Tradesperson who holds a licence which is endorsed for both fitting and installing work, shall be paid an allowance at the rate of $11.70 per week in respect of any week in which the Tradesperson is allocated and performs both fitting and installing work. This allowance is payable in addition to the Electricians licence allowance. (iii) Special Permit — An apprentice who has completed his/her fourth year of apprenticeship and who holds a special permit enabling him/her to perform the same range of work provided by the "B" class licence shall be entitled to a flat weekly payment of $11.70 per week until such time as he/she is eligible to qualify for the "B" class licence. (iv) Restricted Licence — A Fitter/Refrigera- tion, Instrument Maker and/or Repairer or Electronics Tradesman who holds an appropriate restricted electrical licence pursuant to regulations 22 and 23 of the Electricity Act Regulations shall be paid a flat weekly allowance of $5.80. The allowance is not payable in respect of electrical permits. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 66 W.A.I.G. I (v) The allowances specified herein shall not compound by overtime penalty rate or weekend holiday shift premium addition. (o) PHED In-Charge Allowance: An all-purpose Allowance of $9.30 per week shall be paid to power house Engine Drivers in charge. (p) Single Operative Power House Allowance: In a power house manned by one Power House Engine Driver, that employee, in addition to his normal classification, shall be paid an additional $3.50 per week all purpose rate. In a power house which is normally manned by more than one engine driver, on any occasion when it is manned by one driver, he shall be entitled to claim eight cents in addition to his normal hourly rate whilst so engaged. (q) Ticket Operator's Allowance: An employee:— (i) who is either a Ticketed Shovel Operator, or Unrestricted Certificated Crane Operator, or Locomotive Driver, or Power Station Engine Driver, and has been operating equipment which requires one of the above certificates, and (ii) is prepared to continue with the normal training procedure, and (iii) is available, subject to the provisions of Clause 7 (10) (b), to work on any job for which he has been trained, and (iv) in his Department is available to be trained in work, subject to the provisions of Clause 7 (10) (b) which may be currently outside his range of skills, will, in recognition of the foregoing, be paid a Ticketed Operator's Allowance of — (aa) after 12 months' continuous service in that classification, an all-purpose rate of $6.40 per week, (bb) after two years' continuous service in that classification, an all-purpose rate of a further $4.90 per week to total $11.30 per week. (r) Coded Welders Allowance — Finucane Island: A boilermaker welder who has successfully completed his/her apprenticeship and who has obtained by examination and continues to possess a current Australian Standard Code Certificate Number 3E, shall be paid an allowance of $5.40 per week extra. This allowance is a flat payment allowance and will be paid for each hour worked including overtime. Because the need for these skills is rare, there will be a maximum of two appoint- ments to this classification at any one time. However, if there is specific work in the future requiring this skill at another GML Site, the work would be carried out by welders receiving this allowance. 5. Construction Allowance: An all purpose disabilities allowance of $5.40 per week shall be paid to employees when employed on construction work. This allowance shall not apply to employees employed in a shop. 8. Clause 32.—Redundancy of Employees: Delete paragraph (j) of subclause (10) and insert in lieu:— (10) (j) The Company will arrange for the trans- portation of employees' personal effects including tools, but excluding boats, vehicles, caravans, sheds, garages, and the like, to the location application in subclause (10) (h). Married employees who wish to transport their own personal effects will receive $709.80 and single employees $354.90. The provisions of this subclause do not apply in cases where the new employer accepts this responsibility. 9. Clause 37.—Cyclone Shut-Down: Delete subclause (4) and insert in lieu:— (4) An employee who is required to remain at work, or who is called out to work during a red alert as a result of a cyclone, shall be paid double his normal single hourly rate for each hour worked, except where this award provides for a higher rate and, in addition, he shall be paid $29.70 for each eight hours he remains at work during that red alert. Part II — Railway Traffic Operations. 1. Clause 5.—Allowances: Delete this clause and insert in lieu:— (5) Allowances: (a) Hostling — Locomotive drivers and observers who are required to hostle loco- motives for running shall be paid 35 cents for all hours worked. (b) Trip — Locomotive crews who are required to work a trip as defined shall, for each day or shift, be entitled to claim — Drivers : $23.80 Observers : $20.80 (c) Yard — Locomotive crews who are required to carry out duties from which they cannot qualify for a trip allowance shall, for each day or shift, be entitled to claim $8.30. (d) The abovementioned hostling allowance will be in lieu of any entitlements due under Clause 28.—Special Rates and Provisions of Part 1. 2. Clause 8.—Overtime: Delete subclause (9) and insert in lieu:— (9) Where, pursuant to the provisions of this clause, an employer is required to supply a meal to an employee free of charge, he shah, if he is unable to supply that meal, pay to the employee $5.80 in lieu thereof, but an employee may not elect to take payment in lieu of a meal when the employer is able to supply that meal. Any dispute as to the suitability of meals supplied by the employer pursuant to this paragraph shall be determined by the Commission. 3. Clause 9.—Distant Work: Delete paragraph (d) and insert in lieu:— (4) An employee who is required to stay away from his home site for one night, but not more than five consecutive nights, shall be entitled to receive $5.80 for each night away from his home site, providing that this clause does not apply to employees who are required to remain away from home in accordance with their normal roster. IRON ORE PRODUCTION AND PROCESSING (Hamcrsley Iron Pty Limited). Award No. 15 of 1985. BEFORE THE