No. 357 of 1985
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APPLICANT: No. 357 of 1985. Between the Federated Engine Drivers' and Firemen's Union of Workers of Western Australia and Others
RESPONDENT: Mt Newman Mining Company Pty Ltd
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WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 357 of 1985. Between the Federated Engine Drivers' and Firemen's Union of Workers of Western Australia and Others, Applicant and Mt Newman Mining Company Pty Ltd, Respondent. Order. HAVING heard Mr R.A.Keegan on behalf of the Applicant and Mr O.L. Ihlein 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. 461 of 1983, dated 2 March 1984, have been complied with, and by consent, hereby orders — That the Iron Ore Production and Processing (Mt Newman Mining Company Pty Limited) Award No. A29 of 1984 be amended in accordance with the following schedule with effect from the beginning of the first pay period commencing on or after 14 May 1985. Dated at Perth this 18th day of July 1985. (Sgd.) O.K. SALMON, [L.S.] Commissioner. Schedule. A.—Award. 1. Clause 10.—Overtime: Delete paragraph (d) of subclause (5) of this clause and insert in lieu: (d) Where pursuant to the provisions of this subclause, the 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 $5.57 or a meal voucher 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. 2. Clause 17.—Special Rates and Provisions: Delete subclauses (1) (c), (1) (j) (i), (6) (a) and (b), (11) (a) and (b), (12), (13), (15), and (16) and (17) and insert in lieu: (1) (c) The said allowance is — Cents Per Hour Group I 57 Group II 46 Group III 35 (j) Special Maintenance Rate. (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 27 cents per hour, in addition to the appropriate disability group allowance or any other allowance to which he may be entitled. (6) (a) 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 $2.89 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. (b) An employee who is required to work in or handle raw sewage shall, in addition to any other allowance to which he is entitled under any other subclause of this clause, be paid $2.89 per day which 1410 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. shall, where the case requires, include any allowance which would otherwise be payable under paragraph (a). An employee qualifies for payment under this paragraph on any day on which he carries out work on large sewage collection tanks or on the pumps connected thereto. (11) Hiab Hoist. (a) Subject to the provisions of paragraph (b) an employee who holds the appropriate certificate of competency and who is required by the employer to operate a Hiab Hoist shall, in addition to any other entitlement, be paid an allowance of $2.50 per week. (b) A motor vehicle driver who holds the appropriate certificate of competency and who drives a vehicle equipped with a Hiab Hoist which he is required to operate shall, in addition to any other entitlement, be paid an allowance of $6.80 per week. (12) Electrical workers, other than Linesmen, who are required to work on equipment on poles and above the ground shall be paid an allowance of $1.46 per day for each day or proportion of such day so worked. (13) Height Money: An employee shall be paid an allowance of $1.46 per day on which he works at a height of 15.5 metres or more above the nearest horizontal plane, but this provision does not apply to Linesmen, Riggers and Belt Splicers, nor to electrical workers to whom subclause (12) hereof applies. (15) A Plumber who, in addition to satisfactorily completing an apprenticeship to his trade, holds by external examination registration issued pursuant to the Metropolitan Water Supply, Sewerage and Drainage Act shall be paid an allowance of $12.00 per week. (16) (a) An electrical tradesman who, in addition to satisfactorily completing an apprenticeship to his trade or equivalent training, holds by external examination a current State Energy Commission of WA licence of not less than 'B' Class standard shall be paid an allowance of $11.00 per week. The allow- ance shall be paid as a flat weekly rate. (b) An electrical tradesman who holds a licence as prescribed in paragraph (a) hereof where such licence is endorsed for both fitting and installing work shall, in addition to the allowance prescribed in (a), be paid a flat weekly allowance of $11.00 in respect of any week in which the tradesman is required to perform both fitting and installing work. (c) A Fitter/Refrigeration, 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 $5.40. The allowance is not payable in respect of electrical permits. (17) An allowance of 21 cents per hour shall be paid for all hours worked in the Concentrator Building at the Mine by Production employees. This allowance shall be paid in addition to other disability allowances to which the worker is entitled, but shall not be compounded by overtime, penalty rates, holiday or weekend shift premiums. 3. Clause 18.—Service Payments: Delete subclause (1) of this clause and insert in lieu: (1) Subject to the provisions of this clause, employees (including Apprentices) shall, in addition to payments otherwise due under this award, be paid service payments as follows:— 65 W.A.I.G. Per Week $ After 3 months' continuous service ... 22.40 After 6 months' continuous service ... 27.30 After 12 months' continuous service . 39.80 After 18 months' continuous service . 43.90 After 2 years' continuous service 55.20 After 3 years' continuous service 58.00 After 4 years' continuous service 63.20 After 5 years' continuous service 69.80 After 6 years' continuous service 72.40 After 7 years' continuous service 75.70 4. Clause 19.—District Allowance: Delete subclause (1) of this clause and insert in lieu: (1) Subject to the provisions of subclause (3) in addition to the wages prescribed in the First Schedule—Wages, an allowance shall be paid at the rate set out below, to each employee employed within that area of the State situated between south latitude 24 degrees and a line running east from Carnet Bay to the Northern Territory border — $15.60. B. Part II. 1. Clause 10.—"Off Roser" and Other Penalties: Delete subclause (4) of this subclause and insert in lieu: (4) A locomotive driver or observer who is rostered to book off at any away from home depot on a Saturday or Sunday and who is thereby not able to be at his normal place of residence at the home depot for at least six hours between 0600 and 2000 hours on the Sunday shall be paid an allowance of $8.47 in addition to his ordinary rate of wage for the shift from which he has then booked off and the applicable shift allowance shall apply. 2. Clause 11.—Meals and Miscellaneous Allowances: Delete subclause (3) of this clause and insert in lieu: (3) Notwithstanding the provisions of this clause, where an employee cannot be provided with a prescribed crib by the employer he shall, in lieu thereof, be paid an allowance of $5.57. 3. Clause 14.—Long Train and Locotrol Allowances: Delete this clause and insert in lieu: (1) (a) Crews of trains shall be paid long train allowances as follows:— Driver observer Per Trip Per Trip $ $ More than 120 ore cars but less than 160 ore cars 20.05 14.04 160 ore cars but less than 200 ore cars I 25.62 17.93 200 ore cars but less than 240 ore cars 31.19 21.83 240 ore cars but less than 280 ore cars 36.76 25.73 (b) Long train allowances shall be paid in accordance with the consist of the train at the commencement of the trip and shall not be affected by any operating circumstances en route which require the consist to be reduced or altered. (2) Crews of trains to which the "Sundowner" is attached shall, when carrying passengers, be paid per trip an additional allowance of $6.69 in the case of the Driver and $3.34 in the case of the Observer. (3) Crews working trains upon which Locotrol equipment is in operation shall be paid, in the case of a Driver, $18.94 per trip and, in the case of an Observer, $12.59 per trip. C. First Schedule—Wages. 1. Delete subclauses (3), (4), (7), (8), (11) (a), (12), (13), (14) and (16) and insert in lieu: (3) A Shift Tradesman (as defined) shall be paid a margin of $10.20 per week in addition to the appropriate rate for this classification. 65 W.A.l.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1411 (4) Powerhouse Engine Driver (appointed in charge) shall be paid a margin of $8.20 per week in addition to the appropriate rate for this classification. (7) A mobile plant driver/operator who is appointed to train heavy mobile equipment drivers/ operators, i.e. dozer, front-end loader, scraper, grader, forklift or ore and mullock truck shall, for the time spent in such training, be paid a margin of $9.50 in addition to the appropriate margin for this classification. (8) An employee engaged on radio coverage for track maintenance employees or for contractors engaged on track maintenance shall, for the time spent on radio coverage, receive an additional margin of $6.20. (11) (a) Employees employed as Boilermaker/ Welders, Fitters and Turners, Fitters/Welders, Fitters, Fitters — Refrigeration Welders, Panel Beaters and/or Spray Painters, Mechanical Fitters, Motor Mechanics, Plant Mechanics, Machinists First Class, Electrical Fitters, Electrical Installers, Electronics Tradesmen, Automotive Electrical Fitters, Sheet Metal Workers, Fitters — Locomotive Turbocharger Reblading (appointed as such), Fitters — Fuel Injection (appointed as such), Brake Equipment Fitters — Railway, Instrument Makers and/or Repairers, Industrial Electricians, Electricians — PLC Series 6/Locotrol. Electrical Tradesmen — Electronics (appointed as such), Electricians Special Class (appointed as such), Linesmen, Carpenters and Joiners, Plasterers/Wall Tilers, Upholsterers, Painters, Plumbers, Bricklayers and Glaziers and Apprentices indentured to such trades shall be paid a tool allowance of $7.00 per week. (12) Experienced Tradesman's Allowance: A qualified tradesman shall, after 12 months' continuous service with the employer, be paid an allowance of $5.60 per week for all purposes which shall be increased to $10.20 per week after a further 12 months' continuous service. (13) Construction Allowance: A disabilities allowance of $3.30 per week shall be paid to employees when employed on construction work. This allowance shall not apply to employees employed in a shop. (14) Certificated Operator's Allowance: The following allowance shall be paid for all purposes to employees who are operators of equipment covered by the Federated Engine Drivers' and Firemen's Union of Workers of Western Australia classifica- tions and who are certified in the calling in which they are employed:— (a) $5.60 after 12 months' continuous service. (b) $10.20 after two years' continuous service. (16) Riggers, who may be called upon from time to time to carry out scaffolding work, to be paid as follows: (a) A Rigger with 12 months' experience in scaffolding work who is undertaking training to obtain a certificate of competency as a scaffolder — an allowance of $4.50 per week. (b) A Rigger with a certificate of competency as a scaffolder — an allowance of $8.80 per week. 42041-6 JOHN LYSAGHT (AUSTRALIA) LIMITED. Award No. 27 of 1967. BEFORE THE