WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT. Appeal No. 2 of 1982. In the matter of an appeal from the decision of the Full Bench of the Western Australian Industrial Commission given on 16th July, 1982 in Appli- cation No. 46 of 1982. Between The Federated Miscellaneous Workers Union of Australia, Western Australian Branch and Hospital Employees Industrial Union of Workers, Western Australia and the Cleaning, Security and Allied Employees Union and Pre- School Teachers and Associates Union of West- ern Australia (Union of Workers), Appellant, and Hospital Salaried Officers' Association of Western Australia (Union of Workers), Respon- dent. Before: Mr Justice Wallace (Presiding Judge), Mr Justice Brinsden, Mr Justice Kennedy. Friday, 1st October, 1982. Order, HAVING heard Mr I. D. Temby Q.C. of Counsel and Mr K. J. Edwards of Counsel for the appellant and Mr R. J. Viol of Counsel for the respondent in the ap- peal herein from the decision of the Full Bench of the Western Australian Industrial Commission given on 16th July, 1982 the Court doth hereby order the ap- peal be dismissed. K. SCAPIN, Clerk of the Court. 2418 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. FULL BENCH— Appeals Against Decision Of Commission— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 373 of 1982. Between Hamersley Iron Pty. Limited, Appellant and Federated Clerks' Union of Australia Indus- trial Union of Workers, W.A. Branch, Respon- dent. Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Senior Commissioner D. E. Cort. The 24th day of September, 1982. Mr E. M. Franklyn Q.C. and with him Mr L. A. Jackson (of Counsel) on behalf of the appellant. Mr B. J. Finlay on behalf of the respondent. Mr I. D. Temby Q.C. and with him Mr K. J. Edwards (of Counsel) intervening on behalf of Mr P. F. Cook, Secretary of the Trades and Labor Council of W.A. Reasons for Decision. THE PRESIDENT: This is an appeal against a de- cision of the Commission constituted by Com- missioner B. J. Collier who by order of the 21st April, 1982, declared:— That the Federated Clerks' Union of Aus- tralia, Industrial Union of Workers, W.A. Branch is entitled to an award covering those employees of Hamersley Iron Pty. Limited who perform work, the major and substantial part of which, falls within the constitution rule of the said Union. (62 W.A.I.G. 1005.) The declaration and a direction that the parties confer in the hope that such an award would more readily be produced by agreement, arose from an ap- plication for an award brought by the Federated Clerks' Union of Australia Industrial Union of Workers, W.A. Branch (the respondent) to cover clerical and administrative salaried staff employed in the iron-ore production and processing industry by Hamersley Iron Pty. Limited (the appellant). The background to this matter is unique. It involves extraordinary circumstances in which the same Commissioner, after a protracted hearing, made a ruling substantially to the same effect as the said declaration, which ruling was not disturbed on appeal but, for reasons quite beyond the Commission's con- trol, was not implemented. It is ironical that the Commissioner's continued efforts to arbitrate the matter were undertaken against changes in the law the nature of which it was necessary to explore at some length before his present decision could be made. The past proceedings: It is illuminating to examine some of the detail of the earlier proceedings (58 W.A.I.G. 1020), which were taken in 1978 for a similar purpose, that is to obtain an award. The proceedings were under the, now repealed, Industrial Arbitration Act, 1912. The appellant was one of a number of respondents to those proceedings all being employers in the iron-ore industry. The respondent employers objected to the making of the order sought on the grounds that the dispute was trivial, lacked genuineness and that the making of an order would be against the public interest. They adduced evidence in support of those propositions from which the Commissioner found that there was a very strong body of opinion amongst the relevant employees that:— (a) The union should have had greater consul- tation with the workers concerned before it embarked on any action to obtain an award or order of the Commission. (b) Clerical personnel employed by the respon- dent companies are presently satisfied with their wages and conditions. (c) The companies do not possess absolute con- trol over their clerical employees. (d) Clerical personnel suffer no oppression from the respondent companies and any ap- proach to management regarding conditions of employment or indeed other personal problems would receive serious and sym- pathetic consideration. (e) The companies provide an open door policy for their clerical personnel and, if necessary, a complaint could be taken as far as top management. (f) Compulsory unionism is wrong in principle and clerical employees should not be com- pelled to join the Federated Clerks Union. (g) An Award/Order of the Commission, even without a Preference to Unionists clause, is neither needed nor desired in the industry. (h) In the overall situation, clerical workers were more likely to lose rather than gain from an Award/Order of the Commission. (58 W.A.I.G. 1020 at 1021.) The union conceded that a very strong body of op- inion existed among employees supporting those ob- jections but claimed that the opinion, though sincere, was not well founded. Three witnesses were called in support of the union claim. In the course of his judgment the Commissioner dealt at some length with the principles applicable to the matter before him and much of this he repeated and relied upon in his published reasons supporting the decision from which this appeal comes. He dis- missed the respondent's preliminary point and ruled:— The Commission is of the firm opinion that it is in the mutual interests of the public, the union, the several employers in the industry and the present day employees for clerical workers to be covered formally by an industrial document. (At page 1023.) The employers' appeal against the ruling was re- jected by a majority of the Commission in Court Session (59 W.A.I.G. 201). They held that the claim that the matter was trivial and lacked genuineness was correctly rejected in law and fact for the reasons given by the Commission and that it had not been shown that the Commission erred in concluding that the making of an order would not be against the pub- lic interest. Cort C. (as he then was, who was in the minority, found:— On the facts in this particular case which, to say the least, are somewhat unusual, I am un- able, with respect, to agree with the conclusion reached by the Commission in first instance. A substantial number of employees in the in- dustry objected to the union action; evidence showed clearly that there was a very strong body of opinion,, and an opinion genuinely held, that, inter alia, the union should have had greater con- sultation with the workers concerned before it embarked on its action and that an award or order of the Commission, even without a prefer- ence to unionists clause, is neither needed nor desired in the industry; many employees are quite fearful of union involvement in the indus- try and, whilst the law enables the union to cre- ate a dispute without the consent of employees 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2419 in an industry, the appearance of a harsh and undemocratic action may well remain. That there have been harmonious industrial relations in the clerical section of the industry is a most important factor and in my view these matters, when taken together, should have outweighed the other considerations before the Commission. (At page 203.) The present proceedings: Although the Commission, when it made its ruling, directed the parties to confer in the hope that an award would more readily be produced, no agreement had been reached, (indeed it is doubtful whether any meaningful discussion had taken place) by the 21st December, 1979, when the Industrial Arbitration Act, 1979 (the present Act) received assent. In the meantime the present application replaced the earlier proceedings and the respondent asked that the Commissioner recognise the standing of his earlier, undisturbed ruling as representing the status quo and direct that the appellant have the carriage of the present application and bear the onus of proof. Debate upon the matter occupied the 19th March, 1981 and resulted in the appellant preparing notice of preliminary points which repeated the earlier ar- guments and added arguments arising from the re- placement of the previous Act. It is of some importance to observe that when the matter resumed before Commissioner Collier on the 18th May, 1981, the status of the 1978 ruling was again raised. The appellant stressed that the decision related to issues raised on a preliminary point and that only. With the enactment of the present Act it was said the position of the union in the particular circumstances and the rights and duties of the indi- vidual employees affected had substantially altered. Mr Franklyn Q. C. who appeared for the appellant developed that argument and stressed that the earlier decision had no binding effect upon the Com- mission concerning the application then before it. Mr Finlay for the respondent replied to that argument and thereafter the procedure followed an orthodox course. The case of the respondent (as applicant): Mr Finlay made submissions which supported the case for an award, commencing with a reference to the nature of the union's interest. (See The King v. Commonwealth Court of Conciliation and Arbi- tration and others; Exparte Kirsch 60 CLR 507):— ... the interest which an organization of em- ployees possesses in the establishment or main- tenance of industrial conditions for its members gives a foundation for an attempt on its part to prevent employers employing anyone on less favourable terms, (per Dixon J. at page 537.) He stressed that the purpose of a union is to look after the interests of persons within the classifi- cations covered by it and also to protect the individ- ual and his work situation. He asserted that an award was in the public interest and that it was the duty of the Commission to hear and determined the matter not in terms of specific conditions but by an affirm- ative decision to extend to the union industrial regu- lation by award consistent with the near universality of unionism among employees of the appellant. Thereafter evidence was adduced from three mem- bers of the union and an area organiser and that was the case for the granting of the declaration. The area organiser said that, from records of the respondent, namely a print-out of membership, there appeared to be approximately 45 members of the respondent union among employees of the appellant. The records did not state whether they were financial and he did not know what classifications were involved. No evi- dence was elicited as to the number of employees within the classification in the constitution rule although it appeared common ground that there were some 379 and the Commissioner took judicial notice that "many" employees are capable of being covered by the constitution rule. Two of those who gave evi- dence were in classifications of doubtful coverage under the constitution rule. Although the Com- mission found that at most there were 22 union mem- bers the evidence of three, at most, was called to sup- port a claim for an award. On the other hand there were said to be some 379 employees in classifications which the award sought to cover. The case of the appellant (as respondent): The appellant adduced evidence from eight em- ployees. The Commissioner recognized that the evi- dence was similar to that adduced in 1978 and it was acknowledged that many more witnesses could have been called to give similar evidence but that, by con- cession, became unnecessary. The facts of the case: It is fair to describe the evidence as a very strong body of opinion among administration and clerical workers which opposed the issuance of an award and it is unnecessary I think to consider the evidence in any detail. A claim may not lack substantial merit even though more are shown to be opposed to it than are in favour of it. For an employee to be covered by the provisions of an award which he does not con- sider necessary is not necessarily to prejudice his liberties or rights'. Regard for the liberties and rights of individuals may, in the circumstances, need to be balanced against the interests of others directly or in- directly concerned. Be that as it may, it was a clear conclusion to be drawn from the evidence that an award of the Commission was not needed or desired by the relevant employees of the appellant. Never- theless, the Commissioner clearly considered that such a conclusion was outweighed by countervailing factors, primarily that the law recognised the "right" of the union to an award. The Commissioner's reasons: The assertion of the union's right was expressed in this way:— An industrial Union registered with this Com- mission is entitled, prima facie, to have an Award coverage for workers within its consti- tution and good reason should exist to cause the Commission to refuse that coverage. That proposition was said to be supported by a number of principles derived from decisions of the High Court:— 1. A dispute may exist in a particular industry between the employers and an organisation of employees even though (a) some of the employers did not employ any of the members of the organis- ation concerned (b) all the employees of the employers were satisfied with their conditions. (Burwood Cinema Ltd. v. Australian The- atrical and Amusement Employees Associ- ation 35 CLR 528) 2. (a) A union may have an industrial dispute with employers engaged in an industry when none of those employers employ any members of the union; and (b) a union may have an industrial dispute with employers the only men employed by all of whom are satisfied with their pay and conditions. (Clyde Engineering Co. Ltd. v. Cockburn etc. 37 CLR 466) 3. ... not only need no present relation of em- ployer and employee exist but that the or- ganisation making the demand does not act merely as an agent for its members. It acts in an independent capacity and it does so because it represents not definite or then ascertainable individuals but a group or 2420 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. class the actual membership of which is sub- ject to constant change, a group or class formed by reference to an industrial re- lationship, usually depending on an industry or calling. (R.v. Dunlop Rubber Australia Limited etc. 97 CLR 71.) The appeal: The decision of Commissioner Collier is challenged on a large number of grounds, which, in substance, amount to these:— 1. That under the present Act there is no legal right in the union to obtain an award within its area of constitutional coverage unless contrary reasons be shown. The appellant also disputes the present application of the authorities which are said to underpin that right. 2. That as a matter of law the union may only seek an award on behalf of its members who will be immediately covered by it. 3. That the Commission proceeded on the basis that the employer bore the onus of proof and the decision was not in any event in accordance with the evidence. The proposition expressing the union's right to an award was considered by the Commissioner to be a well settled rule and it is clear that it is the linch-pin of the decision under appeal as indeed it was of the 1978 decision. It supports the line of reasoning which concludes that the union is entitled to an award notwithstanding strong opposition from those whom it is sought to cover in the award. It is axiomatic that any union is entitled to award coverage of employees in classifications within its constitution rule. The entitlement derives from its rules and the qualifications for and basis of its regis- tration to protect or further the interests of such em- ployees. Object (d) of section 6 of the present Act is a recognition of that fact. Indeed it was also the case under the old Act where an award could be obtained in respect of union members by reference to the Commission pursuant to section 66 (1) (d), even where no member of a union was involved (section 63). In practical terms a union acted to initiate, nego- tiate and proceed to obtain an award. It proceeded from an entitlement which related not only to rights derived from its rules but to the nature of a union, its duties and its purposes within the law relating to in- dustrial disputes and industrial matters. I do not think there is any dramatic change under the pro- visions of the present Act. There is expressly reserved to unions access to the Commission's award making power to the exclusion of individual employees so there is no reason to suppose that it was intended to alter the right of the union to seek an award for per- sons eligible within its constitutional rules. Since an industrial matter may be referred to the Commission only by an employer or union or association or by the Attorney-General (section 29 (1)), who, other than the respondent, was able to refer to the Commission a matter affecting or relating to the work of employees employed by the appellant, who perform work, a major or substantial part of which falls within the constitution rule of the respondent? Although there was some uncertainty about the point the Com- mission found that some twenty two members of the union were amongst the relevant classifications. There is no doubt, in my opinion, the respondent was entitled to seek an award to cover them. Indeed even if the evidence was insufficient to show that any members of the union were involved, I consider that the respondent, being representative of the class of people covered by the relevant classifications and being the only directly interested party with access to the Commission, was entitled to apply for an award. I do not think that entitlement is incompatible with section 6(d) to which I have already referred and which is expressed in these terms:— To recognise unions as lawful and responsible bodies for the protection, representation, and advancement of the interests of their members; That object is directed at recognition of unions, part of the legitimate role of which is the advancement of the "interests of their members". Unions may and in good faith do claim as part of their interests the achievement and maintenance of fair wage standards and conditions of employment. It was rightly said by the respondent that that is a legitimate objective of a trade union. Object 6 (d) is expressed in a way which exhorts recognition and in my opinion it is not intended to assert a limited function for a union for that would be inconsistent with provisions elsewhere in the Act by which a union is afforded a vital role as an essential medium of industrial relations. Members of the Commission have constantly rec- ognised the interest which unions have in securing award conditions for employees over whom consti- tutional coverage is held. In the generality an award will be issued by the Commission unless good reason exists to refuse it. It is not incompatible with section 26 (or formerly section 69) to regard a claim by a union for an award as raising a presumption of a prima facie case except where a bona fide challenge is raised, with the union, or before the Commission, in which case the union would be required to positively prove a case. It is, nevertheless, trite law that no rule or principle exists whether under the repealed Act or under the present Act, which derogates from the obli- gation of the Commission to act according to equity, good conscience and the substantial merits of the case on each occasion the issuance of an award is sought. The amendment and consolidation of the law, under the present Act, has introduced or made ex- plicit some matters which the Commission must have regard for when dealing with an application for an award, section 26 includes a provision requiring the Commission in the exercise of jurisdiction to:— . . . have regard for the interests of the persons immediately concerned whether directly affected or not and, where appropriate, for the com- munity as a whole. The purpose of the old Act the:— . . . prevention and settlement of industrial dis- putes . .. has been replaced by the . . . prevention and resolution of conflict in re- spect of industrial matters, the mutual rights and duties of employers and employees, the rights and duties of unions of employers and em- ployees, ... The definition of industrial matter continues to in- clude:— what is fair and right in relation to any industrial matter, having regard to the interests of the per- sons immediately concerned and of the com- munity as a whole, While the general interpretation of "industrial mat- ter" has been extended by the addition of the under- lined words in the following passage:— any matter affecting or relating to the work, privileges, rights, or duties of employers or em- ployees in any industry or of any employer or employee therein ... The present Act emphasises the mutuality of em- ployer/employee rights and the Commission, while according recognition of the representative interest of a union is explicitly required to exercise jurisdiction so that, amongst other things, the liberties and rights of individual employees are safe- guarded. The union continues under the present Act 27thOctober, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2421 to be an essential condition of securing improvement in relations between employers and employees but it appears to me to be less likely today that an award is warranted to settle conflict between union and em- ployers where the employees are genuinely satisfied with their conditions. When the present case was before the Commission the appellant and respondent were in dispute over the issue of an award and the Commission saw the issues in those proceedings, as they had indeed been in the past, to require the evaluation of these fac- tors:— The views of the employer, union, unionist and non-unionist employees alike all have to be given weight before a decision is made one way or the other .. . (62 W.A.I.G. 1004). It is material to remember that the proceed- ings before the Commission in the earlier case were confined to an attempt by the employers to prove that the proceedings by the union were, inter alia, trivial. In that case the employers were required to prove that proposition as a matter of substantial merit. In the present case, being a disputed application for an award, it was for the respondent, as the applicant union, to establish that as a matter of substantial merit the issuance of an award was warranted. The factors for con- sideration were certainly the same but there were significant procedural differences which af- fected the onus of proof. Equating the factors in each case and asserting a settled rule as to the union's right to an award were critical in the Commission's evaluation of the merits of the ap- plication for an award. In my respectful opinion insufficient weight was given to the strong body of evidence that an award was genuinely not needed or desired and that hitherto industrial relations had been harmonious within the indus- try. The union's claim for an award was not sup- ported by the substantial merits of the case. On the material before the Commission relations be- tween employer and employees were apparently harmonious. Although the union and the em- ployer were in dispute there was not shown to exist conflict in respect of industrial matters which an award of the Commission would re- solve. A declaration that the union was entitled to an award to cover members of the union only may, in the circumstances, have been justified but it is not necessary to decide this as for good reason the Com- missioner decided it was not a course that should be followed. With some sympathy for the respondent because of these protracted events, my conclusions lead me to uphold this appeal. THE CHIEF INDUSTRIAL COMMISSIONER: This is an appeal from a decision of the Commission (Collier C.) given on 21st April, 1982 in which the Commission declared— That the Federated Clerks' Union of Aus- tralia, Industrial Union of Workers, W.A. Branch is entitled to an award covering those employees of Hamersley Iron Pty. Limited who perform work, the major and substantial part of which, falls within the constitution rule of the said Union. The appellant ("the company") asserted in its first ground of appeal that that decision amounted to an error in fact and in law and detailed its reasons for saying so in a further thirty grounds of appeal. I do not find it necessary to deal with each ground. The respondent ("the union") is a union within the meaning of the Industrial Arbitration Act 1979. It was registered under the Industrial Arbitration Act 1912 but by section 117 (1) (e) of the present Act it is deemed to have been registered under the present Act. Section 53 of the Act provides for societies con- sisting of employees "associated for the purpose of protecting or furthering the interests of employees in any specified calling" to be registered by reference to that calling and the union is registered by reference to the calling of persons engaged in clerical work. It may be noted that one of the objects contained in the union's registered rules is "to regulate the con- ditions under which all members or persons entitled to be members of the union may be employed" and it was in pursuit of and in accordance with that object that the union sought the award which the Com- mission has decided it should have. Evidence in support of the application was given by three employees of the company who said that they were employed respectively as timekeeper, librarian and data entry operator. Other evidence led the Commission to conclude that the union had about 22 members employed by the company at or about the time of the hearing. Evidence in opposition to the application was given by eight employees of the company who said that they were employed as wages payroll co-ordinator, senior cost clerks, telephonist, statistical clerk, liaison assistant, cost clerk, and telex operator re- spectively. It was accepted by the union that the views which those witnesses expressed in opposition to an award being made could be taken to represent the general attitude of a majority of the company's clerical employees. Under section 23, of the Act the Commission is authorised to enquire into any industrial matter and to make an award relating to any such matter. So far as it matters in the present case, that is the Com- mission's general jurisdiction. By section 29 of the Act a union is given the right to invoke that jurisdiction as the union has done in the present case in seeking an award to prescribe con- ditions of employment for clerical workers employed by the company. The Commission has the power to make an award on such an application. It also has the power by vir- tue of section 27 of the Act to refuse to do so. Whether it does so or not is a matter for its dis- cretion. In each of the respects mentioned above the pos- ition is no different under the present Act than it was under the Act which it replaced. It never was the case that a union had an absolute right to obtain any award it sought. It always has been a matter for the exercise of the Commission's discretion. It always has been the case that the decision made in exercise of that discretion has been subject to appeal and it always has been the case in practice before 1964 and expressly since that time that the appeal be deter- mined on the evidence and matters raised in the ori- ginal proceedings. In the course of this appeal it was asserted that the Industrial Arbitration Act 1979 introduced changes which affect the standing of the union in the present dispute. In that context it is useful to set out section 63 of the repealed Act which has no counterpart in the present Act. It was in these terms: When an industrial union of workers is party to an industrial dispute, the jurisdiction of the Commission to deal with the dispute shall not be affected by reason merely that no member of the union is employed by any party to the dispute or is personally concerned in the dispute. So far as material, the expression "industrial dis- pute" meant a dispute as to industrial matters be- tween a union and an employer (see section 6 of the repealed Act). Section 61 (1) of the repealed Act, in brief, authorised the Commission to enquire into any industrial matter or industrial dispute and on appli- cation to it to make an award determining, inter alia, any industrial matter. The plain effect of those pro- visions was that it was not a condition of the exercise by the Commission of its jurisdiction to deal with a 2422 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. dispute as to industrial matters between an employer and a union, that there be union members who were affected by or concerned in the dispute. But that was their only effect. The provisions in no way estab- lished that a union had a right to be given an award regardless of membership, nor did they absolve the Commission from the duty to exercise its discretion to grant or refuse an application for an award in ac- cordance with equity, good conscience and the sub- stantial merits of the case. The provisions concerned were directed to the preservation of jurisdiction, not to the manner of its exercise. I have observed that section 63 of the repealed Act has no counterpart in the present Act. The reason for its omission is plain. It is unnecessary. An unquali- fied jurisdiction to enquire into industrial matters and make an award relating to them (section 23) upon the application of a union (section 29 (1)) re- quires no such saving provision. It would, of course, be otherwise if the words "Subject to this Act" with which section 23 (1) begins, called into operation a provision of the Act which expressly or by clear im- plication excluded the Commission's jurisdiction in a case of a kind to which section 63 of the repealed Act would have applied. It is suggested by the appellant that such pro- visions may be found in section 6 of the Act where principal objects are stated to include— (d) to recognise unions as lawful and respon- sible bodies for the protection, represen- tation, and advancement of the interests of their members; and (g) to safeguard, in matters relating to employ- ment, the liberties and rights of the individ- ual. 1 can find no substance in that view. Section 6 (d) plainly cannot be read as limiting a union's right to refer an industrial matter to the Commission, for sec- tion 29 is not qualified in any way. Moreover, the in- clusion of a provision in a section of the Act dealing in general terms with its objects would indeed be a strange way of expressing a limitation on the jurisdiction of the Commission. In other words, sec- tion 6 (d) limits neither the right of the union to apply for an award, nor the jurisdiction and power of the Commission to make an award on such an appli- cation. It is, I think, clear that the essential intent of section 6 (d) is to give express recognition to unions as lawful and responsible bodies as opposed to illegal combinations or irresponsible entities. But to say that an object of the Act is to recognise unions as law- ful bodies "for the protection, representation, and advancement of the interests of their members" is not to say anything about the extent of the Com- mission's jurisdiction, or in any but the most general way about the rights of the union. Having declared its object in section 6 the Act in other provisions pre- scribes the various ways in which that object may be achieved. One of the ways is to afford a registered union the right to seek awards which will regulate the conditions of employment of any person employed in an occupation which falls within its constitution and thus to endeavour to protect and advance the interests of any of its members who are employed, or who obtain employment with an employer to whom the award applies. With great respect to the elaborate arguments of learned Counsel, I find nothing in the appellant's case which would cause me to think that the decision in the case should have turned on anything other than an assessment by the Commission of the merits of the case. I am consequently of the opinion that the only question for this Branch is whether the Com- mission came to a wrong decision when the facts of the case are viewed from that standpoint. It is in that context that it is necessary to examine a proposition which was patently seen by the Com- missioner as a matter of considerable importance in reaching his decision, the proposition being that a union has a prima facie entitlement to award cover- age for workers within its constitution and that good reason should exist to cause the Commission to re- fuse that coverage. It was said by the appellant that the Commissioner erred in relying on that prop- osition, both because there is no foundation for such a proposition in the Act and because it moved what the appellant called "the onus of proof" from the union to the company. I am of the opinion that the Commissioner was not in error in finding as he did that it was well settled in this jurisdiction that a union has a prima facie right to an award. It is true that one would search in vain for a provision in the Act which says so. That is equally true of the repealed Act. It is well settled in the sense that it has been the almost unvarying ap- proach of industrial tribunals in this State to treat the making of awards as the natural order of things and thus to place upon any employer who seeks to re- main award-free, the burden of showing why that should be. If good reason is shown the prima facie right is set aside. It is a convenient and expedient practice. It does not operate unfairly upon employers who have sound reasons for remaining untrammelled by an award. It recognises the fact that the business of preventing and resolving conflict in respect of in- dustrial matters is essentially (though not of course exclusively) carried out by making awards. It is in keeping with the fact that in the ordinary case the award made by the Commission is a "common rule" and applies to large numbers of employers and em- ployees who have had no say in its making and who become bound by it merely by engaging in the indus- try to which it applies. Although there is, as I have said, no provision in the Act which expressly prescribes the prima facie entitlement to an award adverted to by the Com- missioner, the whole of the Act and the system of conciliation and arbitration which it constitutes is structured upon the presumption that awards will generally be made. As a general rule there is nothing unfair in requiring an employer to show cause why an award should not be made against him. Unfairness could only be said to arise if, in a case in which good cause is shown, it is overridden by nothing more than the assertion of the prima facie entitlement in question. On that aspect of the matter it may be re- marked in passing that the Commission is em- powered to regulate its own proceedings and it is not contrary to the Act or to the Regulations for the Commission to cast an employer in the role of objec- tor in preliminary award proceedings of the kind with which we are now concerned and to require him to make out a case in objection. The question to be resolved is thus simply, whether the company did establish good cause for the Com- mission to refrain from making an award. With great respect to the Commissioner, I am disposed to the view that it did. The evidence showed beyond question that the overwhelming majority of its em- ployees who would have been affected objected sin- cerely to the making of an award; that they were con- tent with their conditions of employment; and that they were opposed to a third party in the form of the union interposing itself between them and their em- ployer in their employment relationships. There was no evidence from which the Commission could reasonably have formed the view that an award was necessary to correct injustices or remedy unfair work- ing conditions. Moreover, while noting that the pro- ceedings were of a preliminary kind, there was nothing of substance raised by the union to fore- shadow a demonstration that the conditions of em- ployment were substandard or even less beneficial to employees than they ought to be. Nor was there evi- dence which suggested that the company opposed the making of an award because of a concern as to the conditions of employment which it might thereby be 27th October, 1982.] WESTERN AUSTRALIAN compelled to afford to its employees. The essence of the company's reason for opposing an award was summed up by the Commissioner when he said "it (the company) considers that its relationship with the staff concerned is harmonious and does not want to see anything happen which might imperil that pos- ition". I am of the opinion that the evidence and sub- missions viewed as a whole do not reveal the exist- ence of any real "conflict in respect to industrial mat- ters". Unless there was reason to think that there was a real need significantly to improve the conditions of employment or to preserve existing ones, it is diffi- cult to find substance in the general proposition that an award setting out minimum wages and conditions for the company's clerical personnel was essential to the interests of the union's actual or potential mem- bers whether employees of the company or not. The case for the union really amounted to little more than a demand to be allowed to extend its sphere of influ- ence. While that is no doubt a natural aspiration for a union to have, it is not a sufficient reason in itself to justify making an award against an unwilling em- ployer, particularly when to do so would be to ride rough-shod over the wishes of all but a few of the em- ployees concerned. I am accordingly of the opinion that the decision made by the Commission was not reasonably open upon the evidence in matters raised and I would up- hold the appeal and quash the declaration. I wish to make it clear that I do so in the knowledge that there is ample provision in the Act enabling the union to protect the interests of its members by means other than an award, and that the present decision does not prevent an award being made in the future if relevant circumstances change. THE SENIOR COMMISSIONER: This appeal is not dissimilar to the one before the Commission in Court Session of which I was a member in 1978 and to which His Honour the President has made reference (see 59 W.A.I.G. 201). Notwithstanding the change which has been made to the legislation with the promulgation of the Indus- trial Arbitration Act, 1979 I hold to the view that a registered industrial union is entitled, prima facie, to have award coverage for workers within its consti- tution and good reason should exist to cause the Commission to refuse that coverage. That is not to state, however, that in balancing the interests of the union, the employer, the employees whether mem- bers of the union or not and of the community as a whole that on an objection of substance being raised the union as applicant does not have to satisfy the Commission that an award should issue. In 1948 His Honour Mr Justice Dunphy, in the matter of an ap- plication by the Australian Workers' Union, Westralian Branch, Industrial Union of Workers for an Award to cover market gardeners, nurserymen and orchardists, said— Under ordinary circumstances the Union's answer (that the formalities of the Act have been complied with and therefore the dispute is one of which the Court has cognisance and should pro- ceed to deal with) would be valid but there are extraordinary circumstances in this particular instance.. . INDUSTRIAL GAZETTE. 2423 point before the Court and the Union is not pre- pared, by positive evidence, to disprove this par- ticular contention. (28 W.A.I.G. 719 at p. 720.) In looking to the material before the Commission it is clear that in 1982 the position is little, if any, differ- ent from that which existed in 1978 and to which I then adverted. I also hold to the view then expressed and agree that this appeal be upheld. THE PRESIDENT: By unanimous decision of the Full Bench the appeal is upheld and the declaration made by the Commission on the 21st April, 1982 in matter No. A36 of 1980 quashed. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 373 of 1982. Between Hamersley Iron Pty. Limited, Appellant and Federated Clerks' Union of Australia Indus- trial Union of Workers, W.A. Branch, Respon- dent. Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Senior Commissioner D. E. Cort. Order. THE matter having come on for hearing before the Full Bench on the 14th and 15th days of June, 1982 and the 23rd day of July, 1982 and having heard Mr E. M. Franklyn Q.C. and with him Mr L. A. Jackson (of Counsel) on behalf of the appellant; Mr B. J. Finlay on behalf of the respondent and Mr I. D. Temby Q.C. and with him Mr K. J. Edwards (of Counsel) intervening on behalf of Mr P. F. Cook, Sec- retary of the Trades and Labor Council of W.A. and the Full Bench having reserved judgment on the mat- ter and judgment being delivered on the 24th day of September, 1982 wherein the Full Bench unani- mously upheld the appeal and gave reasons therefor, it is this day, the 24th day of September, 1982 or- dered that:— 1. The appeal be upheld; and 2. The declaration made by Commissioner B. J. Collier on the 21st day of April, 1982 in matter No. A36 of 1980 be quashed. By the Full Bench, (Sgd.) D. J. O'DEA, [L.S.] President. .. . I consider that, whilst there may be a pre- sumption of a prima facie case arising out of the citation of respondents described as employers by a Union—particularly when such employers do not reply to the claim—that presumption is destroyed when the respondents actually raise with the Union the contention to which I have above referred (that no workers would be governed by an award) and such destruction is complete when the respondents raise a similar 21681 —5 2424 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 570 of 1982. Between Metropolitan Laundry Employees' Indus- trial Union of Workers, Appellant, and The Board of Management, The Lakes Hospital, Re- spondent. Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner G. L. Fielding. The 1st day of October, 1982. Mr J. Fiocco (of Counsel) on behalf of the appellant. Mr G. M. Overman (of Counsel) on behalf of the respondent. Reasons for Decision. THE PRESIDENT: The question which arises in this appeal is whether "check-off" which is the prac- tice of deducting union subscriptions from pay of em- ployees who are members of the appellant union, is an industrial matter within the meaning of section 7 of the Industrial Arbitration Act, 1979. A question of this kind was decided by the Indus- trial Appeal Court in Respect of interpretation of "industrial matter" under section 6 of the Industrial Arbitration Act, 1912 in Hospital Employees' Union v. St. John of God Hospital and others (54 W.A.I.G. 1266) (the H.E.U. case). The Court in that case fol- lowed a decision of the High Court in R. v. Portus; Ex parte A.N.Z. Banking Group Ltd. (1972) 127 CLR 353, the reasoning of that decision being applicable. It was found that the following analysis of the critical question was directly in point:— .. . whether the imposition upon an employer of an obligation to make deductions and payments from salary in accordance with the authority of the employee to whom the salary has become due and payable affects the industrial relation- ship of employers and employees. (At page 360.) "Check-off" was characterised in the judgment as a relationship of a commercial, not an industrial, nature. In the H.E.U. case Burt J., as he then was, delivering the leading judgment for the majority compared the definition of industrial matter as it ap- peared in the State Act at the time with its Common- wealth equivalent. In doing so he acknowledged that words contained in the latter "pertaining to the re- lations of employers and employees", were not con- tained in the former, but he found, nevertheless, that the same idea was sufficiently conveyed by the words that were used in the State definition:— .. . all matters affecting or relating to the work, privileges, rights, and duties of employers or workers in any industry ... His Honour adopted the High Court's analysis of the question and found that the "check-off" provision did not concern either of the broad aspects with which the relations of employers and employees are concerned, namely the performance of work by the employee and the receipt of reward for that work from the employer. The decision whether "check-off" was an industrial matter was approached by asking the question what it does and how it does it? In this respect His Honour concluded:— . . . the result ... at base depends upon the character of the obligation which the "check-off" provision in its operation places upon the em- ployer and the relationship which that obligation with its correlative right creates between the re- questing worker and the employer. (At page 1267.) The appellant claims that the decision in the H.E.U. case, whilst it is binding upon the Com- mission, is not determinative of the question raised by the appeal because since the time that case was decided the repeal of the 1912 Act and the enactment of the present Act has brought about significant changes in the interpretation of "industrial matter". Much of the argument before us centred on one of such changes, an addition to the definition in section 7 being paragraph (e) which reads:— (e) the privileges, rights, or duties of any union or association or any officer or member thereof in or in respect of any industry; Whatever may be its purpose, paragraph (e), like the other included paragraphs, is an incident of the general interpretation of "industrial matter" that is:— ... any matter affecting or relating to the work, privileges, rights, or duties of employers or em- ployees in any industry or of any employer or employee therein and, without limiting the gen- erality of that meaning, includes any matter re- lating to— The underlined word "or" replaced "and" in the present Act. As recognised in the H.E.U. case the language is similar to that used to described "industrial matters" in the Conciliation and Arbi- tration Act (C/wlth) 1904 and amendments. That provision has been considered many times by the High Court whose decisions in point are, in my op- inion, binding upon this Commission. Such decisions have been held binding upon other State Com- missions, for example, the N.S.W. Industrial Com- mission which has jurisdiction in industrial matters, a definition of which resembles our own and inciden- tally contains a reference to rights or duties. In par- ticular I would refer to Clancy v. Butchers' Shop Em- ployees Union and others (1904) 1 CLR 181 and R. v. Kelly; Ex parte State of Victoria (1950) 81 CLR 64. Consistent with those cases and the authority of the H.E.U. case the general jurisdiction of the Western Australian Commission extends to matters directly affecting or relating to employers as such and em- ployees as such. Notwithstanding the substitution of "or" there is an emphasis in the present Act on the mutuality of rights and duties of employers and em- ployees and I think the jurisdiction of the Com- mission is unchanged despite that substitution. If in extending the interpretation of industrial matter to privileges, rights and duties of unions, their officers and members, it was intended to extend jurisdiction over "check-off", it called for expression of that intention in clear terms. That is particularly so in the face of the Industrial Appeal Court decision in the H.E.U. case and the principle which appears to per- vade the strong authority of the High Court:— But once we begin to introduce and include (in the scope of the Act) matters indirectly affecting work in the industry, it becomes very difficult to draw any line so as to prevent the power of the Arbitration Court from being extended to the regulation and control of businesses and indus- tries in every part. (O'Connor-J. Clancy's case supra, at 207.) With respect, I agree, with Mr Commissioner Johnson who was unable to find such an intention expressed in paragraph (e). He has, in his reasons for decision, explained the nature of the privileges, rights and duties with which paragraph (e) is concerned and I have no argument with those views. Industrial relation- ships between unions and between unions and their officers and members are contemplated and I think the Commission correctly concluded that paragraph (e) does not create rights or privileges against an employer. The union may acquire rights of the kind referred to in respect of payment of subscriptions by members. In the relationship contemplated by "check-off" the right to receive the member's subscription is as- serted by the union against the employer. What 27thOctober, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2425 is the character of the obligation upon the em- ployer in that situation? If the obligation is im- posed by the authority of the employee it is not an industrial matter, that much the Industrial Appeal Court has clearly held. If it derives from a relationship, between the employer and the union, of a commercial nature, it places upon the employer an obligation and creates in the union a correlative right that is not of an industrial character. The payment of union subscriptions is not a matter in which the employer as such has any concern and demand by the union for pay- ment from the employer does not make it an in- dustrial matter (re Portus p. 364). In my opinion the finding that the Commission lacks jurisdiction is correct and should be upheld. I would dismiss the appeal. THE CHIEF INDUSTRIAL COMMISSIONER: The issue in this appeal as it appears to me is whether paragraph (e) of the definition "industrial matter" in section 7 of the Industrial Arbitration Act, 1979 includes, or is capable of including a claim by a union that an employer deduct union dues from the wages of any employee who, being a member of the union, has authorised the employer to do so and to pay the dues so deducted to the union. The issue would be wider if the matter were free from authority, but it is not, the Industrial Appeal Court having decided in 1974 that the definition of the expression "industrial matters", which then ap- peared in the Industrial Arbitration Act, 1912, did not embrace such a claim (54 W.A.I.G. 1266). That decision was given before the enactment of the Industrial Arbitration Act, 1979 and thus before paragraph (e) was added to the definition and the question therefore arises whether the addition of that paragraph has so altered the definition that a different decision should now be given. It is now provided by section 7 of the Act that— "industrial matter" . . . includes any matter re- lating to— (e) the privileges, rights, or duties of any union ... or any officer or member thereof in or in respect of any industry. The new paragraph speaks of the privileges, rights or duties of a union in an industry; the privileges, rights, or duties of a union in respect of an industry; the privileges, rights, or duties of an officer of a union in an industry; the privileges, rights, or duties of an officer of a union in respect of an industry; and the privileges, rights, or duties of a member of a union in an industry or in respect of an industry. The paragraph thus recognises that a union as such, an officer of a union as such and a member of a union as such may each, in that respective capacity, have privileges, rights, or duties in an industry, or in respect of an industry and that the privileges, rights and duties thus arising are distinct from and dis- tinguishable from the privileges, rights and duties of the union member as an employee which arise under the contract of service. That is not, of course the same thing as saying that the two sets of privileges, rights and duties are wholly or necessarily divorced from each other. On the contrary, the fact that the provisions of paragraph (e) are either an extension of or an exemplification of the primary definition, but in either event a part of that definition indicates clearly enough that there is a connection between the two sets of privileges, rights, or duties. It is not disputed in these proceedings that the re- spondent is an employer who is engaged in an indus- try. It employs persons in the industry as employees who are members of the appellant union. Some time ago, the union and its members enjoyed, perhaps as a right, but at least as a privilege, the advantage of having union dues deducted from wages at the source and paid by the employer to the union. It is difficult to find words to say that that was not a right or privi- lege of the union in respect of the industry and of its members in that industry. Because of an industrial dispute the right or privilege was withdrawn by the employer, the claim in the present case was to have the right or privilege restored. It was thus, in my op- inion, patently a matter relating to the rights or privileges of the union and the rights or privileges of members of the union in and in respect of that indus- try and was clearly an industrial matter. Being an in- dustrial matter it was capable of being referred to the Commission by the union, either under section 29 (1), or, as was the case, under section 44 (7) and the Com- mission had jurisdiction to deal with the claim and to make an award in relation to it, either under section 23 (1), or under section 44 (9). As a matter of interpretation of the definition as well as a matter of industrial reality, it is, I think, clear that the matter in question is an industrial mat- ter. An award in relation to it would have bound the respondent employer (section 38) and it would have had effect according to its terms (section 37 (1)). It would have been enforceable not as a matter of deed or contract, but by virtue of express statutory pro- vision, (section 83). It is not to the point that in re- turn for the right or privilege, the union agreed that the employer make a charge for performing the ser- vice. I am not aware of any doctrine of exclusive categories which authorises a court to disregard the plain meaning of legislation and permits that which is, by virtue of the definition, industrial, to be said not to be so simply because it may also be given some other appellation. The only matters excluded by category from the definition are those referred to in paragraphs (i) to (k) inclusive of the definition itself. In that context, paragraph (i) which excludes matters which are, or may be, the subject of proceedings for an indictable offence, appears to highlight the point. The definition appears clearly enough to say, on the application of the expressio unius rule, that matters which otherwise are industrial are not excluded simply by reason of the fact that they may, for example, be the subject of proceedings for breach of contract. For the foregoing reasons I am of the opinion that the appeal should be upheld and the matter remitted to the Commission to deal with according to its merits. COMMISSIONER FIELDING: In June last, the Commission determined that it did not have the power to entertain a claim with respect to a demand that the Respondent "reinstate the practice" of de- ducting from the pay of its employees their union dues. It dismissed the claim for want of jurisdiction, holding that the matter in issue was not an "industrial matter" as defined in the Industrial Arbi- tration Act 1979. From that decision the Appellant now appeals. The same question, but in relation to the Indus- trial Arbitration Act 1912, now repealed, was con- sidered by the Industrial Appeal Court in Hospital Employees' Industrial Union of Workers, WA v. St John of God Hospital and Others (1974) 54 W.A.I.G. 1266. In those proceedings, "check off", as the prac- tice of an employer deducting union dues from an employee's remuneration is known, was held not to be an "industrial matter" under that Act. In so con- cluding, the Industrial Appeal Court followed the de- cision of the High Court in R v. Portus; ex parte ANZ Banking Group Ltd (1972) 127 CLR 353, which had earlier held that a demand that an employer make deductions from the remuneration due to his em- ployees was not an "industrial matter" within the meaning of section 4 of the Commonwealth Concili- ation and Arbitration Act 1904. A matter, to be an "industrial matter", has to directly involve the re- lationship of employer and employee, (see: R v. 2426 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. Kelly; ex parte The State of Victoria (1950) 81 CLR 64.). In short, the nature of a "check off" was said in R v. Portus (supra) to impose an obligation on the employer which created a new relationship outside the sphere of the industrial relationship of employer and employee. The Appellant argues in these proceedings that the Commission should not consider itself bound to fol- low the decisions of the High Court on this subject, and in particular the decision in R v. Portus (supra), when considering the import of the definition of "industrial matter" under the State legislation. In short, it is said that in R v. Portus (supra) and most of the other authorities usually referred to on this subject, the High Court was concerned with the Fed- eral Legislation, which not only is in different terms to the State legislation, but has to be interpreted in light of the limitations imposed on the Federal Par- liament by section 51(35) of the Commonwealth Con- stitution. For my part, that argument is no longer open to the Appellant, particularly in this forum. The Industrial Appeal Court, in the Hospital Employees' Industrial Union of Workers', W.A., case (supra), felt bound to follow the High Court's decision in R v Portus (supra), even though the language used in the Federal legislation differed from that used in the State legislation. The majority of the Court con- cluded the differences for these purposes were not material and the import of both was the same. Much the same conclusion appears to have been arrived at by the Queensland Industrial Commission when it followed R v. Portus (supra) and refused to entertain an application to amend the State Railway Award to include a provision for "check off", despite the wide powers given that Commission under the Queensland Industrial Conciliation and Arbitration Act 1961. (see: In re the Railway Award—State'(1977) 95,210 Queensland Government. Ind. Gaz., 202.). Likewise, the differences in terminology used to define "industrial matter" in the other States have not pre- vented the tribunals in those States from adopting the principles established by the High Court largely in respect of the Federal legislation, when de- termining the extent of their jurisdicition. (see: Club Managers' and Secretaries' Superannuation case (1976) AR (NSW) 196, 200: Clerks' Redundancy case (1976) AR (NSW) 417; and cf. too: Milk Processing and Cheese Manufacturing Award (References of Questions of Law) case (1977) 44 SAIR 1067). The Appellant's next argument was that the Com- mission should not now feel bound to follow the de- cision of the Industrial Appeal Court in the Hospital Employees' Industrial Union of Workers, W.A., case (supra) because the legislation under which the de- mand for "check off" was examined in that case con- tained a different definition of "industrial matter" than does the present Act. The differences for these purposes are twofold. Firstly, the definition in its general form refers to matters affecting "employers or employees" in any industry, rather than "employers and employees" in any industry as did the repealed Act. Secondly, by subsection (e), the definition of "industrial matter" expressly includes any matter relating to "the privileges, rights or duties of any union or association or any officer or member thereof in or in respect of any industry". From this, the Appellant argues that it is no longer necessary for the matter to affect or relate to the mutual relation- ship of employer and employee, but it is sufficient if the matter affects or relates to the "work, privileges, rights or duties" of an employee alone. Moreover, the payment by the employer of union dues out of moneys due by him to an employee is a privilege or right of the union or the employee who is its member, and so falls fairly within the ordinary and plain meaning of subsection (e) of the definition. In my view, the import of the general definition of "industrial matter" remains the same as it was under the 1912 Act. In particular, the substitution of the disjunctive for the conjunctive in the opening words of the definition does not as a matter of statutory interpretation alter the need for a matter to affect or relate to the mutual relationship of employer and employee. The Appellant's submission in this respect is not consistent with the decision in Clancy v. Butchers' Shop Employees' Union (1904) 1 CLR 181 and the many cases which have followed it. In that case the definition of "industrial matters" under the former New South Wales legislation, which included the disjunctive in the opening words and which was not unlike the definition of "industrial matter" under the legislation in this State, was held to be limited to matters directly affecting the mutual relationship of employer and employee. The same view has been adopted in respect of the existing legislation in that State. (See: Clerks' Redundancy case (supra).) As already noted, despite differences in terminology, the various definitions of "industrial matter" or "industrial matters" in conciliation and industrial ar- bitration legislation in this country have been held as a general proposition to extend only to matters di- rectly affecting the industrial relationship of em- ployer and employee. (See too: R v the Judges of the Commonwealth Industrial Court; ex parte Cocks (1968) 1221 CLR 313; R v Coldham; ex parte Fitzsimons (1976) 137 CLR 153; and cf: R v. Indus- trial Commission of South Australia; ex parte the Master Builders' Association of South Australia (1981) 26 SASR 535.). In my opinion that is to be taken as the import of the definition of "industrial matter" contained in section 7 of the Industrial Arbi- tration Act 1979 of this State. It is in the context of the definition so interpreted that the express mention of the "privileges, rights or duties of any union or member thereof in any indus- try" should be determined. The subsection cannot be looked at in isolation. It purports to be declaratory of what in part the definition includes. The payment of union dues by an employer from remuneration due by him to his employee may well be a privilege or right of the union or of its member who is the em- ployee, or both. However, it cannot be any right or privilege of the union or the employee which falls within the ambit of the subsection. Were it so, it would be difficult to see where the Commission's jurisdiction ended. Given the context in which the subsection appears, the "privileges, rights or duties" in my view should be of an industrial nature. That is, they ought to fit the general definition of "industrial matter" as defined by the authorities to which reference has been made. All the other matters specifically referred to as being included in the defi- nition have that character. The plain fact is that the Industrial Appeal Court and the High Court have held that a "check off" arrangement does not have that character. Although the legislation may have altered, the nature of a "check off" arrangement has not. As Stephen, J. observed in R v. Portus (supra) at page 370, a "check off" arrangement "does not bear any appearance of association with the em- ployer-employee relationship", but instead creates a new relationship, commercial in nature, of principal and agent. Apart from being a conclusion binding on the Commission, it is not an analysis which is diffi- cult to comprehend. The employee is not compelled by the mere existence of the relationship of master and servant to incur the debt. There is of course no such relationship between the union and the em- ployer, nor between the union and the employee. It is difficult to see why the payment of a debt incurred by the employee to his union should be thought of as being directly associated with the relationship of em- ployer and employee and thus an "industrial mat- ter", any more than any other debt incurred by him to some other institution. Because the Industrial Ar- bitration Act clearly recognises that trade unions are a vital ingredient of industry, and as such provides for their registration under the Act, it does not follow 27th October, 1982.] WESTERN AUSTRALIAN that the obligation to make payment of an em- ployee's debt to his union makes that obligation in- dustrial in nature, any more than does the payment of a debt to an institution registered under the Health Act make the payment medical in nature, (cf: R v. Portus (supra) per Barwick, C. J. at p.357). As Menzies, J. observed in R v. Portus (supra) at p. 360, the identity of the payee "is not significant in de- terming the character of the claim". Before subsection (e) could properly be interpreted as relating to "privileges, rights or duties" which do not directly pertain to the relationship of employer and employee, as the authorities suggest a "check off" arrangement does not, language more clear and definite than that which now exists in the statute would be required, because it significantly extends the general concept of "industrial matter" as suggested by the definition as a whole. It would be odd if merely by the use of the words in subsection (e) and whilst otherwise leaving the definition in a form which has for a long time been understood as excluding matters not affecting the relationship of employer and employee, Parliament now intended that there should be so significant a change. To in- clude a "check off" arrangement in the "privileges, rights or duties" referred to in subsection (e) of the definition of "industrial matter" is to give it an interpretation in consistent with the general defi- nition of "industrial matter" of which the subsection is part. Such an interpretation is not consistent with the draughtsman's use of other matters expressed to fall within the definition. It is not an interpretation which the language of the subsection necessarily re- quires, given the context in which it appears, nor does it place any artificial meaning on the language therein. As a general rule, language used in the Act is to be given its plain and ordinary meaning by looking at the Statute as a whole, (cf: Amalgamated Society of Engineers v. Adelaide Steamship Company Lim- ited (1920) 28 CLR 129, 161.) By limiting the import of the subsection in the way suggested, it is not being unduly read down. Rather such an interpretation is a recognition that the words are an explanatory part of a general definition which overall indicates the need for such a limitation. Section 73 (13) of the Act, which makes it an offence for an employer to deduct from the wages of any employee an amount for or in respect of membership of a union which is not regis- tered or the registration of which is suspended does not take the matter any further. That provision simply recognises that the pratice of "check off" exists in some industries, and without any direction from the Commission. In my view, Johnson, C. was correct in finding that the import of the definition of "industrial matter" was such as not to include "check off" and thus that the Commission was without jurisdiction to entertain the claim before it. I would therefore dismiss the Ap- peal. THE PRESIDENT: By majority decision of the Full Bench, the appeal is dismissed and an order will issue. Order accordingly. NDUSTR1AL GAZETTE. 2427 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 570 of 1982. Between Metropolitan Laundry Employees' Indus- trial Union of Workers, Appellant, and The Board of Management, The Lakes Hospital, Re- spondent. Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner G. L. Fielding. Order. THIS matter having come on for hearing before the Full Bench on the 19th day of August, 1982 and having heard Mr J. Fiocco (of Counsel) on behalf of the appellant and Mr G. M. Overman (of Counsel) on behalf of the respondent and the Full Bench having reserved judgment on the matter and judgment being delivered on the 1st day of October, 1982 wherein the Full Bench, by majority decision, dismissed the ap- peal and gave reasons therefore, it is this day, the 1st day of October, 1982 ordered that the appeal be dis- missed. By the Full Bench, [L.S.] (Sgd.) D. J. O'DEA, President. FULL BENCH— Matters Referred to— Section 27— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. C43 of 1982. In the matter of the Industrial Arbitration Act, 1979 and in the matter of an application by Cliffs Robe River Iron Associates for a conference pur- suant to section 44 of the Act and in the matter of a question of law arising from the said appli- cation. Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner G. L. Fielding. Order. WHEREAS the Commission, pursuant to the powers contained in section 27 (1) (u) of the Act did refer to the Full Bench a question of law for hearing and de- termination; and whereas, by letter dated the 30th day of September, 1982 Cliffs Robe River Iron As- sociates advised the Full Bench that the matter, the subject of the question of law, was no longer in dis- pute; now therefore, the Full Bench orders that the referred question of law be not dealt with and the matter be returned to Commissioner G. G. Halliwell. Dated at Perth this 5th day of October, 1982. By the Full Bench, [L.S.] (Sgd.) D. J. O'DEA, President. 2428 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. FULL BENCH— Unions- Application lor Registration— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 115 of 1982. In the matter of the Industrial Arbitration Act, 1979 and in the matter of an application by the Amal- gamated Metal Workers and Shipwrights Union of Western Australia and Others for the regis- tration of an Association, pursuant to section 67 of thj Act, to be known as "The Mining Unions Association of Western Australia". Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner B. J. Collier. The 17th day of September, 1982. Mr K. B. Gilbert on behalf of the applicant unions. Mr G. M. Overman (of Counsel) and with him Mr R. G. Cooper intervening on behalf of the Attorney- General for the State of Western Australia. Mr L. A. Jackson (of Counsel) objecting on behalf of West Australian Petroleum Pty. Ltd. and Others. Mr P. R. Momber (of Counsel) objecting on behalf of North Kalgurli Mines Limited and Others. Reasons for Decision. THE PRESIDENT: I deliver the following unani- mous decision of the Full Bench. This application to register an Industrial Association is the first of its kind under the Industrial Arbitration Act, 1979. It was strongly opposed and the principal objections raised problems of some complexity relating to the interpretation of operative provisions of the Act and the practical implications of registration in so far as they concerned the need for the Full Bench to be sat- isfied that the objects of the Act might be served. That combination of factors led to the need for ex- tensive discussion between and deep consideration of the matter by members of the Bench before we were able to reach a unanimous conclusion. The resultant delay, though regretted, has been necessary. The Mining Unions Association of Western Aus- tralia being a body formed by and for the purposes of representing a number of unions has made appli- cation pursuant to section 67(2) to be registered as an industrial association in respect of a specified indus- try said to be the "mining industry". The unions are those referred to in Rule 2—Constitution of the rules of the association lodged in support of this appli- cation. The rule provides:— 2.—Constitution. (a) The Association named in Rule 1 which for the purpose of these Rules shall hereinafter be called the "Association" shall, subject to section 67(5) of the In- dustrial Arbitration Act, 1979 be composed of the following Unions having members in the Mining Industry in Western Australia, as defined in Rule 2(b) hereof. Amalgamated Metal Workers and Ship- wrights Union of Western Australia. Australian Workers Union, West Aus- tralian Branch, Industrial Union of Workers. Australasian Society of Engineers, Moulders and Foundry Workers In- dustrial Union of Workers, Western Australian Branch. Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth. Federated Engine Drivers and Firemens Union of Workers of Western Aus- tralia. Operative Painters & Decorators Union of Australia, West Australian Branch, Union of Workers. Plumbers & Gasfitters Employees Union of Australia, West Australian Branch, Industrial Union of Workers. Transport Workers Union of Australia, Industrial Union of Workers, West- ern Australian Branch. Western Australian Carpenters & Joiners Bricklayers and Stoneworkers Industrial Union of Workers. Notice of objection to the application was received from West Australian Petroleum Pty. Ltd., Woodside Offshore Petroleum Pty. Ltd., Woodside L.N.G. Pty. Ltd. and B.P. Refinery (Kwinana) Proprietary Lim- ited, and also from North Kalgurli Mines Limited and other companies associated with gold mining and also from Associated Minerals Consolidated Limited and other companies associated with mineral sands and also from Western Mining Corporation Limited and other companies associated with nickel mining, processing, smelting and refining and also from Seltrust Mining Corporation Pty. Limited, a company associated with copper mining and also from Ashton Joint Venture and another company as- sociated with diamond mining and also from Greenbushes Tin N. L. The substance of the objec- tions are later dealt with. Since it was made to appear that questions of law were likely to be raised, leave was granted to Mr L. A. Jackson, of Counsel, to ap- pear for the first four companies named and Mr P. R. Momber, of Counsel, for the remainder. The Attorney-General for the State of Western Australia intervened and being entitled to be heard appeared by Mr G. M. Overman, of Counsel. All the objectors opposed registration of the associ- ation on grounds which were expressed in substance in the following way:— The Commission lacks jurisdiction to grant the application in its present form because the definition of mining industry in clause 2 (b) of the rules of the Association extends beyond a "specified" industry for the purpose of section 67 of the Act. It was also said:— The registration of the Association in its pres- ent form is unlikely to advance the purposes and objects of the Act. By section 67 (2) a council or body formed by and for the purpose of representing two or more unions of employees may be registered "as an industrial associ- ation in respect of a specified industry" if the Full Bench is satisfied that— (a) members of each such union are or are usually employed in that industry; (b) the members of the unions represented on that council or body constitute a substantial proportion of the employees in that industry who have industrial interests in common; and (c) the registration of the council or body as an association would be likely to serve the ob- jects of this Act. By subsection (3) of that section the Full Bench may authorise such an association to act on behalf of all employees referred to in subsection (2) (b), that is all employees in the specified industry who have in- dustrial interests in common even though some of those employees may not be eligible for membership of any of the unions represented on the council or body concerned. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2429 By subsection (5) of the section the rules of the council or body are to be so framed as to permit each union having members employed in the industry to become a member of the council or body if that union's members have industrial interests in common with the members of the unions which are rep- resented on the council or body. By subsection (6) only one association for the rep- resentation of the employees having industrial interests in common may be registered in respect of any specified industry. Questions of some difficulty arise concerning the meaning of the expression "specified industry" and of the words "employees who have industrial interests in common" as that ex- pression and those words are used in section 67. The difficulty arises principally because of the industry, or supposed industry, in respect of which the appli- cant seeks registration. That is described in Rule 2 (a) as:— The mining industry .... as defined in Rule 2(b). and the definition therein contained is in these terms:— The mining industry shall include the oper- ations of underground mining, open cut extrac- tion, quarrying, operating wells or evaporative pans, dredging, recovering from ore dumps ore tailings, crushing, milling, screening, washing, flotation, beneficiation, concentration, refining, smelting, heating, transporting, storing, loading and unloading of mineral ores, sands, salts, crude petroleum or gases, stones and gems and work incidental thereto. Provided that it shall not in- clude that area subject to the jurisdiction of the Western Australian Coal Industry Tribunal and, nor shall it include the operations of Laporte Ti- tanium, at Australind. No such industry is recognised in awards of the Commission. Separate awards exist for the iron ore production and processing industry, the nickel mining industry, the gold mining industry, the min- eral sands mining industry, the salt industry and so on. It is of course possible as a matter of language to regard each of them as a branch of a wider industry of mining but if that be so it is so in the same sense as biscuit manufacturing, furniture making and vehicle building, may all be said to be branches of the manu- facturing industry. For reasons which follow we are inclined to the view that in using the expression "specified industry" in section 67(2) Parliament had in mind a narrower concept which might find ex- pression in the registration of associations for indus- tries which corresponded more closely, though not necessarily exactly, with the industries for which awards of this Commission are made. By section 7 "industry" unless the contrary intention appears includes each of:— (a) any business, trade, manufacture, handi- craft, undertaking, or calling of employers on land or water; (b) the exercise and performance of the functions, powers, and duties of the Crown and any Minister of the Crown, or any pub- lic authority; (c) any calling, service, employment, handi- craft, or occupation or vocation of em- ployees, on land or water, whether or not, apart from this Act, it is, or is con- sidered to be, industry or of an industrial nature, and also includes— (d) a branch of an industry or a group of indus- tries, "Mining" is no doubt an activity which is carried on by employers and might be thought to fall within paragraph (a) of the definition. There is, in our op- inion, reason to doubt that view of the definition and to think that it is to be read more narrowly. Em- ployers do not mine in general but in particular. Their business, or undertaking, is mining for iron ore or mining for diamonds or silver of gold and so on. It is true that the one company may engage in the mining of several different minerals, but that may be to say no more than that for the purposes of the Act that company is engaged in several different indus- tries. In particular circumstances, it might be reason- able to treat several such industries as a "group of in- dustries" and thus "an" industry, if for any of the purposes of the Act it appeared useful or convenient to do so. To say that, however, merely highlights the nature of the definition of the word "industry" in the Act, its purpose being not to define with particu- larity, but to indicate that there are various ways in which the term may be used and understood throughout the Act. The actual meaning must be de- rived from the context in which the term is found. In section 67(2) the word "industry" is qualified by the word "specified". The adjective is not mere sur- plusage and the subsection is not to be read as pro- viding simply for the registration of an association for "any industry". According to the Shorter Oxford English Dictionary to "specify" is "to name (something) definitely or explicitly: to set down or state categorically or particularly". The mining in- dustry does not, in our opinion, answer to the de- scription of a "specified industry". On the contrary, it is a generic term embracing in a general, rather than a specific way, a variety of particular activities each of which are, as we have said and have for long been recognised, as separate industries in the awards made under the Act. The expression "specified industry" is also used in section 53(1) relating to the registration of unions, a section in which the singularity of the intent of the expression is highlighted by the provisions of subsec- tion (3) which requires a special finding by the Full Bench if a society is to be registered "by reference to more than one industry". Those provisions lend em- phasis to the fact already clear from the expression itself that "a specified industry" means only one and not more than one industry. What is, in our opinion, equally clear is that a body applying under section 67(2) must apply to be registered with respect to the whole of the industry which it specifies. If, within the meaning of the term industry as defined in the Act, there is a mining industry then mining is the specifi- cation of the industry and it is with respect to that industry so specified that a council or other body must seek registration. We do not think that it may, by definition, add to or subtract from whatever forms part of the industry which it specifies. Thus, if there is a mining industry then the coal mining industry is clearly a part of it. Be that as it may, as we have already observed, it is permissible to treat a group of industries as an indus- try and it may be the case that an association of unions may specify an industry comprising, for example, uranium, gold and nickel mining and pro- cessing, provided that the requirements of section 67(2) (d) are satisfied. However, as we have not heard argument on that point we expressly leave the question open. It is necessary as a condition of registration of an association of unions, with respect to a specified in- dustry, that members of each union concerned are or are usually employed in that industry and that they constitute a substantial proportion of the employees in that industry who have industrial interests in com- mon. The foregoing conditions plainly envisage that there may be employees in a specified industry whose industrial interests differ from those of other em- ployees in that industry. That may be the case, for example, as between clerical and administrative em- ployees on the one hand and manual or production 2430 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. employees on the other, or as between supervisory staff and those whom they supervise. Those differ- ences spring from the nature of the occupations of the employees within the industry. When the section speaks of employees in that specified industry who have industrial interests in common it seems clearly to refer to the common interests which the relevant employees have which derive both from the general nature of their several occupations within the indus- try and from the industry in which they exercise their occupation. Many different categories of employees may be engaged in, for example, production work in any given industry. They may include skilled tradesmen and employees engaged in a variety of relatively unskilled work. As production workers they have industrial interests in common but not all of the industrial interests are the same. Competition may exist between one group and another for certain work or for superiority in the wage rate hierarchy. All of the industrial interests of all production workers will not therefore be held in common but it does not, in our view, follow that the requirements of section 67 (2) (b) are satisfied by employees having some (no matter how few) industrial interests in common. We think that what is intended by that provision is that the yardstick for measuring the commonality of the industrial interests of the employees is the industry in which they are employed and their occupations within the industry. The industrial interests to be measured are all of those which arise from those sources after allowing for differences of the kind referred to above. To give substance to paragraph (b) it is necessary, in our view, that the industry in question be a "real" industry in the sense that it is one which exists as a matter of fact as distinct from a matter of definition so that the industrial interests arising peculiarly from the conditions or working in that industry may be discerned and catered for by the proposed industrial association and what is perhaps more to the point so that the Full Bench may form the opinion, if necess- ary, to give proper effect to subsection (2) (b) and subsections (3), (5) and (6). We wish to stress that it is incumbent upon an applicant for registration to provide to the Full Bench material from which an af- firmative opinion may be derived. For the foregoing reasons we are of the opinion that the applicant is not seeking registration in re- spect of a specified industry within the meaning of section 67 (2) and is not therefore entitled to be regis- tered. Even if it were we are of opinion that regis- tration ought not to be granted. We have already observed that it is not sufficient that the relevant members of the unions have some, however few, industrial interests in common in order that the Full Bench may form the prescribed opinion favourable to registration of an association. It is no doubt the case, for example, that all members of all unions affiliated with the Trades and Labor Council have some industrial interests in common. But it is not sufficient to look for the lowest common denomi- nator. The subsection requires in our opinion, that there be a substantial correspondence of interests arising, as we have said, from the specified industry concerned and the nature of the occupations of mem- bers of the combining unions as those occupations are followed in that industry. Broadly speaking, we think that those common interests will be of a character which will enable one association to be dis- tinguished readily from another. The existence of separate industrial awards for different segments of the "mining industry" as it is defined in the appli- cation tends to suggest that there are significant dif- ferences in the industrial interests of groups within that notional "industry". We have not been satisfied by what has been put to us that that is not so, nor that the applicant's constituent unions do have mem- bers constituting a substantial proportion of the em- ployees in that (notional) industry who have indus- trial interests in common within the meaning of the section. It is a condition of registration that the Full Bench be satisfied that the registration would be likely to serve the objects of the Act. Although the finding to be made is one of likelihood or probability it must nevertheless be affirmative. It is not sufficient for the Full Bench merely to entertain a belief that the regis- tration of an applicant council would not be likely to be to the detriment of the Act's objects. Neither the rules of the applicant nor the submissions made on its behalf are sufficient to enable us to form the necessary opinion with respect to its registration. We therefore conclude that the application is to be dis- missed. However we think it may be of some assis- tance to the applicant and the objectors for us to make the observations which follow. There is in section 67 a clear legislative recognition that it is likely to serve the objects of the Act for a council representing two or more unions to receive registration and authority to act for those constituting the substantial proportion of employees having industrial interests in common in an industry. Where it is affirmatively satisfied of the necessary factors the Full Bench should give positive effect to this recognition. While this was basically the position taken by the Attorney-General, the employers raised particular objections which unsuccessfully sought to sustain the undesirability of an industrial association of this kind. We are of the opinion that the existence of the Building Trades Association of Unions of Western Australia (Association of Workers), registered under the former Act to deal with matters solely affecting the building trades industry, and continued under the present Act, is no impediment to registration of the applicant association. We think that where the Full Bench is satisfied that registration should be allowed, it will necessarily be the case that the objects and rules of the associ- ation express legitimate aspirations which are not in- consistent with the provisions of the Act as those pro- visions exist at the time at which the application is under consideration. It would follow that an object or rule which was not compatible with the provisions of the Act would be a bar to registration. It is also necessary that the rules of approved associations should be properly formulated and, in particular, that they should not be ambiguous. In this respect, the requirements of section 67(5) are not, in our op- inion, satisfied by expressing the rules as being "subject to section 67(5)". Analysis of the rules of the applicant association reveals some uncertainty as to the nature of "the association", as to the members thereof, how it is to meet and the voting procedures to be followed. Because of the dismissal of the application we are of opinion that, apart from these particular matters, it is unnecessary to refer to other issues which were the subject of submissions to us in these proceedings. Order accordingly. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2431 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 115 of 1982. In the matter of the Industrial Aribitration Act, 1979 and in the matter of an application by the Amal- gamated Metal Workers and Shipwrights Union of Western Australia and Others for the regis- tration of an Association, pursuant to section 67 of the Act, to be known as "The Mining Unions Association of Western Australia." Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner B. J. Collier. Order. THIS matter having come on for hearing before the Full Bench on the 7th day of April, 1982 and the 3rd day of May, 1982 and having heard Mr K. B. Gilbert on behalf of the applicants; Mr G. M. Overman (of Counsel) and with him Mr R. G. Cooper intervening on behalf of the Attorney-General for the State of Western Australia; Mr L. A. Jackson (of Counsel) ob- jecting on behalf of West Australian Petroleum Pty. Ltd. and Others and Mr P. R. Momber (of Counsel) objecting on behalf of North Kalgurli Mines Limited and Others and the Full Bench having reserved judgment on the matter and judgment being de- livered on the 17th day of September, 1982 wherein the Full Bench unanimously found that the appli- cation should be dismissed and gave reasons therefor, it is this day, the 17th day of September, 1982 or- dered that the application be dismissed. By the Full Bench, (Sgd) D. J. O'DEA, [L.S.] President. PRES3DEN!— Orders made under Section 66— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 684 of 1982. Between Zofia Sojka, Applicant, and Federated Liquor and Allied Industries Employees' Union of Australia, Western Australian Branch, Union of Workers, Respondent. Before His Honour the President D. J. O'Dea. The 27th Day of September, 1982. Mrs Z. Sojka on her own behalf. Mr E. L. Fry on behalf of the respondent. Mr G. Tannin (of Counsel) intervening on behalf of the Attorney General for the State of Western Aus- tralia. Reasons for Decision. (Given extemporaneously, typed from transcript of prodeedings as edited by His Honour.) THE PRESIDENT: This application was brought before me by Zofia Sojka who was at the relevant time a member of the Federated Liquor and Allied Industries Employees' Union of Australia, Western Australian Branch, Union of Workers. The appli- cation seeks an order pursuant to section 66 of the Act, requiring that the union comply with subrule (e) of rule 21.—Conditions of Membership of its regis- tered rules. The Attorney-General has intervened pursuant to the Act representing the public interest and has been heard in these proceedings. The union attended and in the person of the Secretary, Mr Fry, answered the claim and conducted a cross-examination of the com- plainant, Mrs Sojka, who was the only witness called in support of the application. In addition to Mrs Sojka there was heard evidence from Mrs Hughes who was the payrnistress employed by the Parmelia Hilton International Hotel which was at the relevant time employing the applicant. The facts are simple. In the course of her employ- ment it was the custom to deduct subscriptions or union fees from her salary. That was effected by Mrs Hughes, the subscriptions being remitted to the union from time to time. Mrs Sojka asked Mrs Hughes, the pay mistress, the method by which she might resign from the union, being of a mind to do so. Mrs Hughes, in her evidence, explained that she made inquiries of the union office and ascertained that it was necessary that written notice by given to the secretary. She passed on that information to Mrs Sojka. In the result, Mrs Sojka wrote a letter directed to the secretary of the union at an address shown as 214 St. Georges Terrace in these terms: Please be advised that I hereby give notice of my resignation from the Liquor & Allied Indus- tries Union effective from 19 August 1980. My deductions for the union from my wages are to cease. I am employed at the Parmelia Hilton International as a Seamstress. (Exhibit 1.) Nothing was heard from the union in response to that letter until 18th March, 1981, when a letter written by the Secretary was received by Mrs Sojka. It was in these terms: Re: Union Membership. I acknowledge your undated letter, in respect of the above matter, seeking to resign from Union membership effective as from the 19th August 1980, and advise that your deductions of Union contributions that have been made from your wages at your place of employment, the Parmelia Hilton International Hotel, Perth, where you are employed as a Seamstress will be terminated. In reply to your letter, I do indicate to you that under the Registered Rules of the Union a member must give three months written notice with the payment of all Union contributions up to the expiration of that notice before consider- ation can be given to that member to terminate Union membership. (Part of Exhibit A) In September of that year, 1981, a communication was received by Mrs Sojka from the solicitors for the union, advising that they had been instructed to recover payment of $50, being payment due and owing by her and advising that if it was not paid within seven days, proceedings would be issued. In- deed, a summons was issued within the seven days and it was said that was in response to advice from the applicants husband that it was not intended to pay the money said to be owing. A sum of $72.80 was paid to the solicitors. That oc- curred on 8th October, 1981, and it covered the $50, together with a total of $22.80 which comprised certain fees involved on the summons. On the follow- ing day, the applicant visited the office of the union. Part of the evidence related to things which are al- leged to have been said. For the purposes of this de- termination, it is not necessary to examine that further. 2432 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. On 9th October when she visited the office, Mrs Sojka delivered a letter to the union, although unad- dressed. It said: Dear Sir, Under the Registered Rules of the Union I give the Federated Liquor and Allied Industries Employees Union (W.A. branch), 3 months written notice of my resignation from the above Union effective as from 8th of October 1981. My contributions are paid in full up to 31st of December 1981. (Part of Exhibit A.) It is to be borne in mind that that had regard for the payment under threat of summons that had been paid and the notice of resignation was on the basis that the applicant had again been informed that it was necessary that three months notice be given. It was, not expressly, but by the clearest of implications without prejudice to the initial letter that had been directed to the union. On 8th October, a further letter was directed to the union by the applicant which was in reply to the let- ter of 18th March, 1981. It is unfortunately referred to, by me, out of context. The purpose of that letter was to advise that on 12th August, 1980, there had been handed in a letter of resignation at the Parmelia Hilton International Hotel, where the applicant was employed as a Seamstress, and it recounted that this resignation was not accepted "I had not been advised by you on what grounds, until seven months later". Having received certain advice, it went on to point out or advise that a further letter of resignation was being given, and that is the one to which I have already referred and to request that that be accepted and that the union, to use the term used by the appli- cant "give me a clearance. I paid my contributions in full up to 31/12/81." It was necessary, finally, for the applicant to write on 3rd March, 1982, in these terms: I have so far handed over to your office of the Federated Liquor and Allied Industries em- ployees union of Australia of 215 St Georges Ter- race Perth two letters of resignation from the union. Dated the 8th October, 1981. After waiting 4 months I have not received any corre- spondence from you in regards of my termin- ation and clearance. (I have given you a 3 months written resignation letter). On the 24th February, 1982 I have personally visited your office and tried to discuss the matter with Mr Fry, Secretary of the union. I still have not re- ceived my clearance from the union or any satis- factory answers in regards to my resignation. I also discussed this matter with the personnel manager of Parmelia Hilton International Hotel where I am employed. I would like to again ad- vise you that my resignation still stands and I have not changed my mind. My contribution is paid fully up to 31st December, 1981. Please ad- vise me if I still owe any contributions to the union up to the expiration of the resignation no- tice. (Part of Exhibit A.) The Secretary of the union did not give evidence but made, from the bar table, an explanation of events to the effect that the original letter of resig- nation first came to his attention at or about the date in March, the 18th, 1981, when it was acknowledged. A letter was written by him on that date indicating the necessity for three months written notice before consideration could be given to termination of union membership. On the basis of the evidence it is certainly open to conclude that the orginal letter came to the attention of the union, or ought to have come to its attention, on or about the date, 19th August, 1980, which was the date referred to in that letter, from which the res- ignation was to be effective. I think that conclusion arises from the evidence given by the applicant and Mrs Hughes, in substance, it being that Mrs Hughes told the applicant that she was to write a letter giving three months notice. We know that the letter was written. Mrs Hughes has no recollection of it being presented to her. It was shown to her and she cannot recall having seen it. If it was, she may well have posted it the day on which she re- ceived it. She would certainly not have retained it and sent it belatedly to the union office, certainly not as late as March 1981. The conclusion I reach upon that evidence is that the probability is that it was forwarded and received in the ordinary course of post. One can assume, al- lowing five days for that, that it would have been re- ceived about 24th August. It was not processed by the union for reasons which we do not know. It may simply have been overlooked. I have been told from the bar table that the normal procedures followed are for the female staff to refer to the Secretary matters of this kind—and one would expect that to happen. However, in the best run or- ganisations sometimes these things do go amiss. There is no conclusion that I can reach as to why it was not dealt with until that date—that is, in March 1981. It is a proper finding, I think, to deem it as having come to the attention of the union at about the time it was directed. There is certainly no contrary evi- dence and no other reasonable explanation but that, in the ordinary course of post, it would have reached its destination. The purpose of the letter is clear enough. Its terms express the desire of the writer to resign from the union, effective from 19th August. The rules require—and that is provided in rule 21.—Conditions of Membership, subrule (e): Subject to rule 22 no member shall discon- tinue his or her membership without giving at least three months' previous written notice to the Secretary of his or her intention to do so, or by paying a sum equal to three months' contri- butions in lieu of such notice, nor until such member has paid all fees, fines, levies or other dues payable by him or her to the Union up to the end of the period covered by such notice or has obtained a clearance card duly issued in ac- cordance with the rules. The phrase "or has obtained a clearance card duly issued in accordance with the rules" contains an echo in Clause 23.—Sub-Branches, which deals in some manner with the matter of clearance cards and resig- nation in the alternative. I take that matter no further than to say that subclause (e), in its reference to clearance cards, is an alternative to resignation by notice. It does not seem to have, in the context of the rules, any significance, certainly not in these proceed- ings. It may, in a given case, have the propensity to cause confusion. I do not feel strongly that that is so. In the present case it had no bearing whatever on matters as they affected the applicant. Her advice as to what to do about resignation was ascertained by inquiry through the pay-mistress. Nevertheless, the facts in this case indicate that the applicant has had to persist in order to eventually obtain recognition that her membership of the union had terminated. This has obviously been a most frustrating experience and one which she responded to in an understandably emotional way. In some aspects, the conduct of the union, as seen in a reflection of what Mrs Sojka has complained about in her application and testified to in her evi- dence, is deserving of criticism. It is necessary, however, to place in proper perspec- tive the power I exercise under section 66, the nature of the application and the role of the Attorney seen in 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2433 these proceedings. The section is ostensibly a wide one enabling the disallowance of rules if they are con- trary to or inconsistent with the law or tyrannical or oppressive or if they prevent or hinder members of the union from observing the law or the provisions of an award or impose unreasonable conditions upon the membership of a member or an applicant for membership or are inconsistent with the democratic control of the union by its members. The power of declaration is present. It is certainly a power which is expressly exercisable in relation to the interpretation of a rule but it is not a jurisdiction by which declarations at large may effectively be made. In this case, on the facts, it would be appropriate to direct the union, which is the respondent to the ap- plication, to observe its rules in relation to resig- nation and, in particular, rule 21 (e). The Attorney has intervened in the public interest and I confess to having some uncertainty as to the role—I do not question the right, since it is clearly enough expressed in the Act—of the Attorney in a case such as this, a case in which, as the section envis- ages and as in practice occurs, a member of a union, or a person who claims membership, may come to the President in relation to an internal problem, a prob- lem of interpretation or application, observance or non-observance of the rules, and ask for relief. In the result, what the Attorney has had to say, through Mr Tannin, has been of assistance to me in determining what to do and in the conduct of these proceedings. I am obliged to say that the attitude of the union has been scathingly referred to by Mr Tannin, in terms which have been very strongly ex- pressed and perhaps justified by the knowledge the Attorney has that there are other instances of this kind. That acknowledges something which I put apart. As I indicated in the course of these proceed- ings, I am dealing with a particular application and it is not relevant to consider other instances which may or may not be cases of problems of members seeking to resign. If there are such cases, then those members have rights under the Act similar to that exercised by the applicant. If they wish to exercise those rights, it is for them to do so. Having commented on what was referred to during the course of these proceedings about other such people, I pay no account in my determination of that factor. I think it fair to say that it has coloured the extremely critical way in which the union's conduct has been referred to in these proceedings. Whilst one cannot explain the delay in dealing with the original application except by drawing a conclusion and deeming that it ought to have been brought to the union's attention and dealt with far more ex- peditiously, nevertheless, I must say that this woman has my sympathy and appeared to get scant consider- ation, on the face of it, from the Secretary in her ef- forts to terminate her membership. That is her right, which is provided by the rules, and although she technically has complied with it in a way in which one could expect some delay in it being brought to the union's attention, yet when it was, it seems to me, that there has been less than a thoroughly genuine attempt to be co-operative. That, as has been said, is perhaps reflected in the terms of the letter of 18th March and on subsequent occasions when the applicant went to the office of Mr Fry in efforts to ascertain whether or not her resig- nation was to be recognised. I think the fact is in this case that it should have been recognised that whether she had followed the correct procedure or not, it was perfectly obvious that she was anxious to terminate her membership of the union and should have been, in that event, afforded the fullest co-operation, and that appears to have been absent. I think it is appropriate, having regard for what I have said, to declare the true interpretation of Clause 21(e) as providing a member with an alternative method of resignation by written notice to the Sec- retary (at least three months previous written notice) of intention to resign. Conditional upon paying fees, fines, levies or other dues payable to the end of the period covered by the notice, such a person has re- signed and is entitled to have her name purged from the record of membership and is freed of any con- tinuing obligation. Although the additional words "or has obtained a clearance card duly issued in accordance with the rules" would seem to be meaningless, I make no further direction in relation to them. I recognise that union rules are often not as concise and succinct as they might be but they are made by working men for working men. It is not for the President of the Com- mission, unnecessarily, to interfere with them unless it appears that some rule or some aspect of a rule is within the provisions of section 66 being matters in relation to which the President might disallow such rules, or direct alteration of them by the union. It is probably necessary to order that the union ob- serve that particular rule by treating the resignation of Zofia Sojka as effective on the date 13 weeks from the 24th of August, 1980, which, in the ordinary course of post and assuming that the 19th of August was the date upon which the letter was written (which is an assumption reasonably based on fact) the resignation would be effective on the 24th of November 1980. In that event it is necessary for me to recognise that the amount paid by Mrs Sojka, said to be arrears up to either the end of December 1981 or to whatever date it was actually calculated plus $22.80 fees which were paid, was actually an overpayment because the amount that she would be due up until 24th November, 1980, is a different sum. I will have regard for what Mr Fry can tell me about the amount involved and I think that I should in- clude in an order a direction that the difference be- tween the amount actually due by her according to that deemed date of resignation and the amount paid should be refunded. In addition to that, there would be the expense of issuing the summons and the union ought to be re- sponsible for the payment of that amount. I think the only remaining matter that has been urged upon me to order is some direction as to ser- vice. I do not propose to do that. I do not think it is necessary, in the present case, recognising the fact that the union has not attended the matter until March. 1981. It may well have been attributable to the manner of service but, in its ordinary application, rule 21 (e) refers to written notice to the Secretary. Evidently, the rules do not provide anywhere else a manner of delivering such notice. The ordinary course of post is normally acceptable and obvious enough in the context of these rules. There is no necessity, in my view, for me to make any other di- rection, but the experience of the facts of this case might suggest that members be advised by the Sec- retary of the union in an ad hoc way, in clear terms, by circular or letter at some appropriate time that resignation—or, indeed, any notice to the Sec- retary—should be given by post and perhaps point out that it is the responsibility of members if they want to give such advice that they post the letter themselves. That is the best way of ensuring that it will reach its destination. That, of course, is no reflection on what happened in this particular case. I have already reached my conclusions and expressed them on that in the light of the facts which are before me in the absence of any evidence to the contrary. It seems to be a matter on which the right sort of advice should help avoid problems in the future. That kind of advice might be accepted by those who were ac- cepting the responsibility of deducting subscriptions WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 2434 or passing on advice to members as to the way in which the rules should be observed. Apart from saying that, I do not propose to make any direction as to service. This is a case in which the applicant has estab- lished that she was justified in coming along and complaining on the facts as they occurred, that her attempt to resign from the union was not dealt with with any reasonable degree of expediency and that she was made to feel her attempts to resign were being resisted. She is to be reassured by the reference to the rules that it is her right to be a member or to determine her membership. What is unfortunate, perhaps, is the way in which events occurred in this particular case. Apart from the reference to clearance cards, the rule is clear enough that there is a right to resign, subject to paying what is due and a good deal of what has happened has been unfortunate—that the notice was not forwarded in a different way—but it has been exacerbated by the attitude expressed by the Secretary to the applicant, as far as it has ema- nated from the evidence I have heard which has not been one of co-operation. I will ask you Mr Fry, if you can indicate the amount, calculating 24th November, 1980, as the rel- evant date. What amount would be due and what amount is now refundable? MR FRY: In respect of the fees, it would be—I think I said $28.14 originally, did I not? PRESIDENT: That was calculated to 1st July— MR FRY: From 19th August 1980 onwards, so it would be 19th November. PRESIDENT: $28.14, was it? MR FRY: Yes. PRESIDENT: The amount refundable is $44.66? MR FRY: You are going to take it from the 24th, are you? It is only a few cents. We are not going to squabble about that. PRESIDENT: It is $44.66 on the basis of $28.14 plus the amount of whatever it is for the issue of the com- plaint. Are there any other matters? MR TANNIN: I have none, sir. PRESIDENT: I will issue an order along the lines I have indicated. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 684 of 1982. Between Zofia Sojka, Applicant, and Federated Liquor and Allied Industries Employees' Union of Australia, Western Australian Branch, Union of Workers, Respondent. Before His Honour the President D. J. O'Dea. Order. THIS matter having come on for hearing before me on the 14th and 27th days of September, 1982 and having heard Zofia Sojka on her own behalf; Mr E. L. Fry on behalf of the respondent union and Mr G. Tannin (of Counsel) intervening on behalf of the At- torney General for the State of Western Australia and having given my judgment in the matter extem- poraneously on the said 27th day of September, 1982 wherein I made findings in regard to the registered rules of the respondent union, the date of cessation of the applicant's membership of the union and the re- fund due to her and gave reasons therefor, it is this day, the 27th day of September, 1982 ordered that:— 1. The respondent union observe its registered rules by treating the resignation of Zofia Sojka as effective on the date thirteen weeks from the 24th day of August, 1980 i.e. 24th day of November, 1980; and 2. Within 14 days of the date of this order, the respondent union pay to Zofia Sojka the sum of $49.66 made up as follows:— $ Refund of contributions 21.86 Refund of costs in connection with the summons issued on the 1st day of October 1981 22.80 Refund of costs in connection with the application herein 5.00 49.66 (Sgd) D. J. O'DEA, [L.S.] President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 603 of 1982. Between Margaret Isabella Holland and Colin Longworth, Applicants, and Ruth Margaret Geneff, Respondent. No. 621 of 1982. Between Ruth Margaret Geneff, Applicant, and The Western Australian Clothing and Allied Trades Industrial Union of Workers, Perth, Respon- dent. No. 743 of 1982. Between Ruth Margaret Geneff, Applicant and Com- mittee of Management of the Western Australian Clothing and Allied Trades Industrial Union of Workers, Perth, Respondent. Before His Honour the President D. J. O'Dea. The 21st day of September, 1982. Ms R. M. Geneff on her own behalf. Mr S. S. French (of Counsel) on behalf of Margaret Isabella Holland, Colin Longworth and other mem- bers of the Committee of Management of The West- ern Australian Clothing and Allied Trades Industrial Union of Workers, Perth. Reasons for Decision. THE PRESIDENT: I have before me three appli- cations for orders or directions relating to the Cloth- ing and Allied Trades Industrial Union of Workers, Perth (the union). It is necessary to sketch the back- ground in order to place in focus the matters for res- olution. The union comprises some 950 members and is registered under the Industrial Arbitration Act, 1979. The business of the union as the title implies, is con- ducted by a Committee of Management comprising President, Margaret Holland; Vice President, Barbara Wood; Secretary/Treasurer, Ruth Margaret Geneff; two trustees, Jerroldine Mercer Gilbert and Colin Longworth. Five representatives being Com- mittee persons, Rita Anne Tetlow, Edith Ind, Giovanni Pedala, Beryl Eva and Karen Hornidge. The rules of the union provide that the persons occupying the positions referred to shall be elected for four years. The last full election was in March 1980 but did not include the secretary/treasurer (hereinafter called the secretary), who was elected in 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2435 March 1981. A number of present occupants filled casual vacancies occurring since last election. In the case of Mrs Hornidge it is common ground that she holds her position as a result of appointment follow- ing a practice which is not authorised by the rules. It is accordingly agreed that her appointment is invalid and it is appropriate that the position she occupies be treated as vacant. There is no basis for finding that she is not qualified to stand for election to office. On 8th July, 1982, Mr Pedala directed in writing to the secretary his resignation. On the assumption that the appropriate number of representatives were elected, two casual vacancies presently exist to be filled in accordance with the rules. In passing I note that the right of Mrs Ind, to be a representative, was questioned at the outset of these proceedings but in no way was a challenge to that right substantiated. The Clothing and Allied Trades Union of Australia W.A. Branch (the Federal Union) is a union of simi- lar employees and is registered under the Concili- ation and Arbitration Act (C/wlth). In substance it shares with the union a common membership and Committee of Management. Problems which con- tinue to hamper the proper running of the union have in like manner affected the Federal union. The prob- lems are characterised by conflict between the Com- mittee of Management and the secretary and it has led to action at meetings within the union and has re- sulted in four applications, this year, for orders under section 66 of the Act including these applications still before me. On 18th June, 1982, it was necessary for me to order that the members of the Committee of Man- agement observe the rules of the union by treating a purported suspension of the secretary as invalid and by recognising her as secretary/treasurer and a mem- ber of the Committee of Management. On 14th July Mrs Holland, President, and Mr Longworth, Trustee, brought application 603/82 seeking an order that a purported special meeting of the union called by the secretary for 7.30 p.m. on that day was not validly convened in accordance with the rules and that all purported resolutions and business resulting were of no effect. It also sought an order that Holland, President, Wood, Vice President, Gil- bert and Longworth, Trustees, and Tetlow, Ind and Eva, Committee members, continue to hold and enjoy their respective offices in the union and be given unrestricted access to the union office to enable them properly to perform their duties in such offices. On 16th July the secretary brought application 621/82 seeking an order that four named persons, members of the union but not members of the Com- mittee of Management, be signatories in conjunction with the secretary to operate the union's bank ac- count. Those applications were dealt with on 22nd July when, after evidence and submissions were put be- fore me, it was agreed that the matters be adjourned to enable a special meeting of the union to be requi- sitioned in accordance with the rules for the purpose of enabling the membership to consider and resolve the matters about which resolutions were carried at the meeting of 14th July which was said to be invalidly convened. The two applications were ad- journed and in order to enable operations on the union's account to continue I ordered a committee comprising the secretary, Holland, the President, and the Industrial Registrar to exercise authority. A special meeting requisitioned and held on 25th August dealt with a number of charges laid against the remaining members of the Committee of Man- agement, excluding the secretary. Particulars of those charges are set out as part of an attachment to an exhibit in the present proceedings (exhibit H). In substance they involved allegations of breaches of rules preventing the secretary from carrying out her duties on behalf of the union. The special meeting was asked to find the charges proved and to resolve to remove the persons charged from their offices in the union and to request an election for those offices. The parties are in dispute about the details of the meeting but it is common ground that no such resol- ution was carried although a meeting of the Federal union had, by a simple majority, resolved in similar terms on 11th August. On 30th August the secretary brought the present application 743/82. Apart from Mrs Hornidge and Mr Pedala, in respect of whom I have already made reference, the application deals with Mrs Gilbert and seeks an order requiring the Committee of Manage- ment to observe the rules by declaring void the mem- bership of Mrs Gilbert and her position of Trustee vacant on the grounds that she is precluded from membership and office by rule 4(2) and (3) and rule 5(2). I directed that the adjourned applications be relisted with these proceedings so that I might dis- pose of all matters presently before me. I approach a solution to these matters understand- ing that there is among members of the union some confusion and difficulty in distinguishing between the State and Federal union given the commonality of its membership and the fact that the management of each union is in the same hands. I also appreciate the predominant role of the secretary in the conduct of the day to day affairs, even though control of the affairs of the union is, under the rules, vested in the Committee of Management. On the material before me, in respect of the three applications, a number of relevant facts emerge. On 20th May, 1982, the secretary purporting to act for the Federal union gave written notice to Mrs Gilbert terminating her employment. An undated typed no- tice directed to all members of both unions advised of a special general meeting on 24th June, 1982 at 8.00 p.m. regarding a charge of gross misbehaviour against the secretary. It appeared to be authorised by Mrs Holland, President and Mrs Gilbert and Mr Longworth, Trustees, who claimed in the notice to be the only people, at that time, authorised to act on behalf of the union. By letter dated 3rd June, 1982 the Presi- dent advised the secretary of the intention to hold an Executive Committee Meeting of the Federal union at 7.00 p.m. to hear the charge against her, to be fol- lowed at 8.00 p.m. by a general meeting of the Feder- al union to deal with recommendations from the Executive Committee; to be followed by a general meeting of the union to deal with recommendations from the Executive Committee of that union. Two members who attended a meeting on 24th June gave evidence that they thought it was a meet- ing of both unions. It was said to have been opened and resolutions were carried expressing no confi- dence in the Committee of Management and requir- ing a special meeting to be called. Mrs Holland gave evidence that the Executive Committee met at 7.00 p.m. on 24th June and upheld the charge against the secretary and that there was then convened a meeting of the Federal union which resolved to reject the charge and reinstate the sec- retary. She said that meeting then broke up and people left the meeting and there was no opportunity to open a meeting of the union as intended. She claimed that the Committee of Management authorised the calling of the meeting of 24th June. The evidence of the secretary was that someone, whose name she could not recall, called out that a special meeting should be held to vote the Executive Committee out of office and call for elections. The secretary said, "I put it to the meeting because Mrs Holland had gone very silent. The meeting com- pletely assented with that." There are no authorised minutes of meeting to which I am able to refer and being driven to rely on such evidence as there is be- 2436 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. fore me I am placed in a quandary. The evidence would reasonably justify the conclusion that a resol- ution was put for a special meeting at a time unspeci- fied. However I am unable to reconcile the evidence with a letter directed by the secretary to Mrs Holland on 5th July in these terms:— A meeting was called by yourself under Rule 16(1) of the Western Australian Clothing and Al- lied Trades Industrial Union of Workers to be held on the 24th June 1982. Though members attended you failed to open the meeting, after a vote of NO CONFIDENCE was expressed unanimously by all rank and file members present. No doubt if you had acted correctly and opened the meeting you called specially, the members could have expressed themselves at that meeting. I now act on your request and call a Special Meeting on the 14th July, 1982, at 7.30 p.m., in the Aboriginal Advancement Centre—201 Beaufort Street, Perth:— (1) To remove yourself, B. Wood; C. Longworth; B. Eva; K. Hornidge; R. Tetlow; E. Ind; and declare J. Gilbert's membership and office invalid, and call elections to fill all casual vacancies. Furthermore it is not clear whether it was regularly carried at a meeting which was opened or chaired in regular fashion; whether it was a special meeting of the Federal or the State union or both. I am quite unable to conclude that there was a res- olution for a Special Meeting to hear charges against the members of the Committee of Management car- ried at a General Meeting of the union. Notice of meeting of 14th July was given to the membership by means of the union newspaper and on that date charges brought by the secretary against the remaining members of the Committee of Man- agement were heard in their absence. The charges in- cluded suspending the secretary contrary to the rules and denying her access to the union office. It was re- solved that those persons be removed from office and that elections for all their positions be called. A further resolution which was carried recognised that Mrs Gilbert is "no longer a member of the union". Rule 16.—Resignation or Removal of Members of the Committee of Management, by subrule (1), pro- vides:— A member of the Committee of Management may resign on giving the Union one month's pre- vious written notice of her intention to resign, or may be removed on a resolution passed by three quarters of the members present at a Special Meeting called for the purpose, voting in favour of removal. Such member of the Committee of Management shall vacate her office at the time determined by the special meeting. The manner of calling a special meeting is in ac- cordance with rule 29(3) which provides:— A Special Meeting may be called at any time by the Committee of Management or by resol- ution at a General Meeting, or by requisition of five per cent of the financial members of the Union delivered in writing to the Secretary. On the facts that I have enumerated and having re- gard to the rules to which I have referred, the meet- ing of 14th July was not convened in accordance with the rules so that the matters resolved at that meeting are of no effect. The implicit recognition of this pos- ition underlay the agreement of the parties to allow the union, through its membership, an opportunity at a validly requisitioned meeting, to express its will as to the matters in question. The expression of the will of the union, as it appears from the meeting of 25th August has left unresolved, the causes of conflict. I turn now to deal with the latest application filed. In respect of Mrs Gilbert it is said that she com- menced working for the union as a part-time collector in February 1976 and became a member of the union by virtue of rule 4 subrule (2), which provides:— This Union shall also consist of members who are paid or full-time Officers or Officials of the Union or any other persons employed by the Union whilst so employed or elected and such members shall be entitled to all the benefits and privileges of membership and shall be regarded for all purposes of these rules to have been or be working in the industry of the Union. Not long after being employed by the union Mrs Gilbert was elected as a member of the Committee of Management as a Trustee. It is common ground that from about August 1981 whe was employed by the Federal union until the secretary as Federal secretary purported to terminate her services. It is claimed by the secretary that since 1981 Mrs Gilbert has not been employed by the union, that is the State union, and, as a result, is precluded from membership and the office of Trustee by virtue of rule 4(2) to which reference has been made and also by virtue of rule 4(3) and rule 5(2) which respectively provide:— 4 (3) No Person shall be a member (except in the capacity of an honorary member) who is not a worker within the meaning of the Act. 5 (2) Each member shall sign the application for membership form as may be ap- proved by the Committee of Manage- ment and shall be duly proposed and seconded by financial members of the Union. Any member who may be en- gaged in work other than that referred to in rule 4 for a period not exceeding three months at any time shall be per- mitted to continue her membership of the Union, if she so desires, without payment of contributions but shall have no vote and shall be ineligible to hold office or any position in the Union, pro- vided that this provision shall not apply to any person who ceases to be usually employed in the industry referred to in rule 4. It is asserted by the secretary that because of those provisions in the rules Mrs Gilbert's membership of the union is void and the office of Trustee is invalidly held. Mrs Gilbert's version is that since 1981 she has continued to work for the union as well as for the Federal union. In addition to her salary paid by the Federal union she has received an allowance from the union. Her employment by the union has never been terminated. According to rules 4(3) and 5(2) as the secretary construes them, when Mrs Gilbert is no longer employed by the union she is automatically excluded from membership and hence from office. Her assertion therefore depends upon establishing positively that Mrs Gilbert's employment with the State union has ended. A number of factors make it difficult to reach such a conclusion. The closeness of the two unions and the commonality of membership and of management allow the possibility of joint em- ployment. Indeed the secretary is herself so em- ployed and paid in a similar manner as Mrs Gilbert, that is by way of a salary paid by the Federal union and an allowance from the union. During the absence of the secretary on long service plus accumulated leave, Mrs Gilbert acted as secretary, albeit part time, until some time in February 1982. In that month, acting as secretary, she furnished to the Registrar the statutory returns required to be sup- plied by the union under the Act. She was described therein as a union official and a Trustee. In returns furnished by the secretary in previous years she had 27thOctober, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2437 been consistently so described. For that reason it seems to me that the description in the return of February 1982 was compatible with her continuing as a member and an official of the union. I note in passing that in a wages book which is common to both unions there is arecord of payment of salary to Mrs Gilbert after her dismissal from the Federal union for the weeks ending 27th May and 3rd, 10th and 17th June, 1982. The rest is silence. It would appear, under the rules, that the Com- mittee of Management has the authority to employ and dismiss persons. There is no indication that authority to dismiss Mrs Gilbert has ever been exer- cised nor has any notice of dismissal been received by her. Before the privilege of membership is forfeited it must be clear that the basis of that privilege has ceased to exist but factors to which I have referred preclude a positive conclusion that Mrs Gilbert is no longer employed by the union. In any event I am un- able, for the reasons which follow, to accept that loss of employment would result in automatic loss of membership. Rule 4(2) is capable (I put it no higher than that) of supporting a construction, advanced on Mrs Gil- bert's behalf, that would allow her to retain a right to membership, being elected as an official of the union, even though she may have ceased employment with the union. Rule 16(1) requires a resolution passed by three quarters of the members present at a special meeting called for the purpose voting in favour to re- move a member of the Committee of Management. The provisions of rule 13 suggest that loss of eligi- bility for membership will not automatically result in loss of membership and the power of the Committee of Management to remove persons from the member- ship register is subject to a right of appeal. The sec- retary placed reliance upon rule 5(2) but that de- scribes circumstances under which membership may be retained, but without vote or eligibility for office, in the case of a person in work other than that referred to in rule 4 for a period not exceeding three months. It expressly excludes any person who ceases to be usually employed in the industry referred to in rule 4 and, by virtue of rule 4(2), Mrs Gilbert is deemed to be such a person. Rule 5(2) therefore does not relate to her position. It is a prime object of industrial law to recognise unions as representative of the interests of their members and to facilitate their democratic control. Fundamental to that is the requirement that each member is bound by the union's rules. In short the union now should run its own affairs and run them properly. The jurisdiction to be exercised by the President, pursuant to section 66 of the Act, in a case such as this, is limited to doing what appears appro- priate to ensure that the rules are observed and given proper effect. In the circumstances revealed in appli- cation 743/82 it is not appropriate that any order be directed to the Committee of Management in re- lation to Mrs Gilbert's membership of the union or her position as Trustee. It is appropriate that it be ordered to observe the rules of the union by treating the appointment of Karen Hornidge as a committee person as invalid and the position occupied by her vacant. The matter of filling casual vacancies is one to be dealt with by the Committee of Management in accordance with the rules and in particular rule 16. It is not appropriate that any order or direction be made in this respect. The conclusions which I have reached on the material presented in application 603/82 justify recognition that the purported special meeting on 14th July, 1982, was not validly convened and the persons named in the schedule to the appli- cation continue to hold their respective offices within the union. It is a natural consequence that they be entitled to unrestricted access to the office in order to carry out the proper performance of their duties as officers of the union. I propose therefore to issue my order for observance of the rules in relation to such matters but it can only be directed to the respondent named in the application, Ruth Margaret Geneff. I will accordingly order that she observe the rules of the union by treating the purported special meeting of the union held on 14th July, 1982, at 7.30 p.m. in the Aboriginal Advancement Centre as invalidly con- vened and the business transacted thereat of no ef- fect. Further, that Margaret Isabella Holland, Barbara Wood, Jerroldine Mercer Gilbert, Colin Longworth, Rita Anne Tetlow, Edith Ind and Beryl Eva all being members of the Committee of Manage- ment, continue to hold and enjoy their respective offices within the union and be given unrestricted ac- cess to the office of the union for the purpose of the proper performance of their duties as officers of the union. I propose to dismiss application 621/82. In order to facilitate the orderly conduct of the union's financial affairs I propose that the order of 26th July, 1982, continue for a limited time to have effect. Should Ms Geneff or Mr French, of Counsel, wish to make submissions concerning this matter I will hear them. Subject to what may be submitted, my present intention is that the order be continued for 28 days, amended to extend to the Registrar the benefit of the liberty to apply provision. The minutes of a proposed order will now issue. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 603 of 1982. Between Margaret Isabella Holland and Colin Longworth, Applicants, and Ruth Margaret Geneff, Respondent. No. 621 of 1982. Between Ruth Margaret Geneff, Applicant, and The Western Australian Clothing and Allied Trades Industrial Union of Workers, Perth, Respon- dent. No. 743 of 1982. Between Ruth Margaret Geneff, Applicant, and Committee of Management of The Western Aus- tralian Clothing and Allied Trades Industrial Union of Workers, Perth, Respondent. Before His Honour the President D. J. O'Dea. Order. THESE matters having come on for hearing before me on the 22nd day of July, 1982 and the 8th day of September, 1982 and having heard Ms R. M. Geneff on her own behalf and Mr S. S. French (of Counsel) on behalf of Margaret Isabella Holland, Colin Longworth and other members of the Committee of Management of The Western Australian Clothing and Allied Trades' Industrial Union of Workers, Perth and having reserved my decision and such de- cision being delivered on the 21st day of September, 1982 wherein I made findings in respect of the rules, the validity of and business conducted at certain meetings, and the persons holding offices in the aforementioned union, it is hereby ordered:— 1. In respect of application No. 603 of 1982 that (a) Ruth Margaret Geneff observe the registered rules of the Western Aus- tralian Clothing and Allied Trades Industrial Union of Workers, Perth by treating the purported special meeting of the said union which was held on the 14th day of July, 1982 at 7.30 p.m. in the Aboriginal Advance- ment Centre, 201 Beaufort Street, Perth as invalidly convened and the business transacted thereat of no ef- fect. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (b) The said Ruth Margaret Geneff further observe the registered rules of the said union by acknowledging that Margaret Isabella Holland, Barbara Wood, Jerroldine Mercer Gilbert, Colin Longworth, Rita Anne Tetlow, Edith Ind and Beryl Eva, all being members of the Committee of Man- agement of the union should continue to hold and enjoy their respective offices within the union and be given unrestricted access to the office of the union for the purpose of the proper performance of their duties as officers of the union; 2. In respect of application No. 621 of 1982 that this application be dismissed; 3. In respect of application No. 743 of 1982 that (a) the Committee of Management ob- serve the registered rules of the said union by treating the appointment of Karen Hornidge as a Committee Per- son as invalid and the position occu- pied by her vacant; (b) this application otherwise be dis- missed; 4. That the Order issued by me on the 26th day of July, 1982 in matters Nod. 603 and 621 of 1982 shall continue to have effect for a period of 28 days from the date of this order but that paragraph 5. shall be amended to provide:— Liberty to apply is reserved to any of the parties and the Registrar of The Western Australian Industrial Com- mission, Keith Scapin as to the matters herein. Dated at Perth this 22nd day of September, 1982. (Sgd) D. J. O'DEA, [L.S.] President. PRESIDENT— Stay of Operation— Lifting of— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 778 of 1982. Between The Cleaning, Security and Allied Em- ployees Union, Applicant, and Zoological Gardens Board, Respondent. No. 780 of 1982. Between The Cleaning, Security and Allied Em- ployees Union, Applicant, and Hon. Minister for Education, Respondent. No. 782 of 1982. Between The Cleaning, Security and Allied Em- ployees Union, Applicant, and Hon. Minister for Works, Respondent. No. 784 of 1982. Between The Cleaning, Security and Allied Em- ployees Union, Applicant, and Hon. Minister for Agriculture, Respondent. Before His Honour the President D. J. O'Dea. Order. HAVING read and considered the applications herein and having been advised by letter dated the 13th day of September, 1982 that the respondents did not wish to be heard in opposition thereto, it is this day, the 13th day of September, 1982 ordered, by consent, that the Orders issued by Commissioner G. L. Fielding on the 27th day of August, 1982 in matters Nos. 632, 674 and 904 of 1981 and 433 of 1982 shall operate according to their tenor pending the determination of Appeals Nos. 777, 779, 781 and 783 of 1982. (Sgd.) D. J. O'DEA, [L.S.] President. PRESIDENT— Extension of Time specified in Order— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 827 of 1982. In the matter of the Industrial Arbitration Act, 1979 and in the matter of an application by The Fed- erated Miscellaneous Workers Union of Aus- tralia, West Australian Branch for an Order that the time specified in an Order of the Full Bench be extended. Before His Honour the President D. J. O'Dea. Order. HAVING read and considered the application herein and the Statutory Declaration in support of the ap- plication made by Mr J. A. McGinty on the 21st day of September, 1982 and upon being satisfied that the extension, if granted, will not prejudice the rights of any other party to matter No. 46 of 1982, it is this day, the 28th day of September, 1982 ordered that the time specified in the Schedule to the Order of the Full Bench issued on the 16th day of July, 1982 in matter No. 46 of 1982 be extended from 90 days to 150 days. (Sgd.) D. J. O'DEA, [L.S.] President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 869 of 1982. In the matter of the Industrial Aribitration Act, 1979 and in the matter of an application by the Print- ing and Kindred Industries Union, Western Aus- tralian Branch, Industrial Union of Workers for a direction that the Interim Order of the Com- mission issued on the 7th day of September, 1982 in matter No. 809 of 1981 operate according to its tenor pending the determination of Appeal No. 850 of 1982. Before His Honour the President D. J. O'Dea. Order. THIS matter having come on for hearing before me on the 11th day of October, 1982 and having heard Mr J. H. W. Williams on behalf of the applicant union and Mr P. J. Kelly on behalf of The Govern- ment Printer it is this day, the 11th day of October, 1982 ordered that the application herein, in its terms, be refused but that the rates of wages prescribed in Column "B" and Column "C" of the abovementioned Interim Order shall have effect for all purposes of the Printing (Government Printing Office) Award No. 31 of 1975 as from the beginning of the first pay period commencing on or after the 7th day of September, 1982. (Sgd) D. J. O'DEA, [L.S.] President. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2439 AWARDS—Delivered— IRON ORE PRODUCTION AND PROCESSING (Mt. Newman Mining Co. Pty. Ltd.) Award No. 10 and 10A of 1981. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Application No. 10 of 1981. Between Mr. Newman Mining Company Pty. Lim- ited Applicant, and Amalgamated Metal Workers' and Shipwrights' Union of Western Australia and Others, Respondents. Before Mr Commissioner B. J. Collier. The 11th day of June, 1982. Messrs 0. Ihlein, M. McLean and S. Rooke on be- half of the Applicant. Messrs C. Butcher and B. Wilson on behalf of The Australian Workers' Union, West Australian Branch, Industrial Union of Workers. Messrs J. Bainbridge and R. A. Keegan on behalf of The Federated Engine Drivers' and Firemen's Union of Workers of Western Australia. Messrs D. Bartlem and A. J. Marks on behalf of the Amalgamated Metal Workers' and Shipwrights' Union of Western Australia. Messrs J. Gerritsen and R. T. Bellamy on behalf of the Transport Workers' Union of Australia, Indus- trial Union of Workers, Western Australian Branch. Messrs K. J. Gilbert, T. Rynn, R. J. Krygsman and W. Donohue on behalf of the Electrical Trades' Union of Workers of Australia (Western Australian Branch), Perth. Mr T. Henderson on behalf of the Building Trades' Association of Unions of Western Australia (Association of Workers). Mr D. Forster on behalf of the Australasian Society of Engineers, Moulders and Foundry Workers, In- dustrial Union of Workers, Western Australian Branch. Reasons for Decision. THE COMMISSIONER: The matter before the Commission is a claim by the Mt. Newman Mining Company Pty. Limited for a new award to replace the Mt. Newman Mining Award, 1977. The wages con- tent of the original application is being dealt with by the Commission in Court Session and what is left for the Commission, to determine is the residue of claims which have not been settled in the conciliation pro- cess. I turn immediately to them. Apprentices—Service Pay. Clause 6 (5).—Apprentices in the existing award and Clause 18 (4).—Service Pay make no provision for apprentices, other than adult apprentices, to share in the service payment scheme. This is a claim for an apprentice to receive a percentage of the tradesman's rate of service pay in the same percent- age that his ordinary wage bears to the tradesman's wage rate. The argument advanced by the unions in support of the proposition is that apprentices in government service receive a percentage of the rates payable under the service incremental payment scheme and those in the private sector benefit from the supplementary payment which was introduced into the Metal Trades (General) Award No. 13 of 1965. All employees of Mt. Newman Mining Company, with the exception of apprentices (other than adult apprentices) share in the service pay- ments prescribed under Clause 18 of the present award. In these circumstances the unions submit that it is unfair for this single group of employees to be treated differently from all others. The employer argues that since 1974, by agreement between the parties, service payments have not ap- plied to apprentices. It is said that the incremental scale of wages paid to apprentices has an automatic service element about it and it would be inequitable to pay in addition to that scale a service pay in- crement. According to the company that would be wrong in principle and constitues double counting. The Commission recognises that there is a re- spectiable argument both for and against the claim. On the one hand there is weight in the proposition that if the Government Employees Service and Sup- plementary Payments Order and supplementary pay- ments under the Metal Trades (General) Award apply to apprentices there is good reason why a ser- vice scheme in Mt. Newman Mining Company should also apply. On the other hand the Commission ac- knowledges that the apprentice is bound by inden- tures to his employer and, to this extent, is unlike other employees of the company. He is obliged to serve for a specified time and payment in appreci- ation of such service may illogical unless the service scheme can be seen simply as an "over-award pay- ment". This, of course, applies also to the adult ap- prentice who receives the payment but the two types of apprentices can be viewed differently. The Commission pointed out to the unions its con- cern that skilled craftsmen with short service may not appreciate receiving less money than apprentices to whom they render advice and instruction but the unions retorted that the tradesmen were uncon- cerned about that aspect and, in any event, it was already a fact insofar as adult apprentices were con- cerned. It cannot be overlooked that the percentage of the tradesman's rate paid to apprentices in the company's employ is substantially greater than that paid under most awards in the public and private sectors. Having regard to all of the above and for con- ditions of apprentices elsewhere in this industry I am of the view that it is fair for an apprentice to com- mence to receive the service payments for employees of less than 12 month's service upon commencing the final year of his apprenticeship and if, after completion of his apprenticeship, he becomes a tradesman with the company then he should become entitled to receive service payments as would adult employees who have then completed 12 months' ser- vice with the company. Clause 9.—Hours. Much discussion took place before the Commission on an alleged agreement between the parties with re- spect to rights to further argue a reduction in stan- dard working hours during the life of the award. The Commission advised the parties that, in its view, the most reasonable solution to the apparent impasse was to make no provision in the award for liberty to apply and this would enable the unions, at a later date, to approach the Commission with an "hours" claim if they were satisfied that they could convince the Commission that by reason of circumstaces that had arisen it would be inequitable and unjust not to vary the hours clause. If that approach were made during the term of the award the Commission could then hear the respective arguments as to the alleged agreement and the circumstances surrounding it and have regard for those matters in its total consider- ation of where equity lies. The next claim of the unions relates to the working of the 21st shift. The 21st shift occurs not more than once in 28 days for any continous shift worker, it is worked as if it were part of the ordinary hours and is paid for at double time rates. The unions accept this position. However, to compensate for the compulsory nature of the overtime involved, the annual leave en- titlement of each employee is increased by three days when, except for occasions on which he has been ab- sent with the approval of the employer, he has worked 13 consecutive 21st shifts for which he has been rostered. The unions require a change in that condition claiming that the annual leave entitlement of each such worker should be increased by one day, 21681—6 2440 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. when, except for occasions on which he has been ab- sent with the approval of the employer, he has worked four consecutive shifts for which he has been rostered. They argue that the present conditions are too stringent and it would be fairer for the 21st shifts to be split up into blocks of four. It is understood by all that a four panel shift system cannot work without a 21st shift and thus it is essential to the company's operations for employees to accept that the 21st shift is a compulsory one. The provision of additional leave for the working of the 21st shift, in addition to the penalty payment, is unique and is designed as an incentive to employees not to "blow" shifts. It was introduced into the award in 1977 by the then Senior Commissioner. I am of the view that the change sought by the unions would help to diminish incentive and, in the circumstances, am not prepared to make the alter- ation sought. There was no evidence before the Com- mission that the company has acted unjustly in its administration of the 21st shift arrangement insofar as authorised absence is concerned. If at any time the company does exercise its dis- cretion in a manner considered by the unions to be unreasonable there is easy access to the Commission to test the ruling. Clause 11.—Shift Work. By this claim the unions seek to change the pro- visions of Clause 11 (2) (c)—Shift Work in a material way. At the present time there is a requirement for the company to consult with the employees and the union or unions concerned when changing a shift ros- ter and there is an obligation on it to make every en- deavour to reach mutual agreement. Where the par- ties are unable to agree on the roster the employer may, with 14 days' notice given after the conclusion of the discussions, post a roster which shall, as far as practicable, take account of the views of the union and the workers concerned. The claim by the unions is that the employer should not be empowered to post a roster but that the status quo should remain until the matter is resolved. There was no evidence to suggest that the present clause is unworkable or causes any real hardship and in that circumstance the change sought does not ap- pear to be warranted. The Commission notes that under the present arrangement the roster which is posted by the employer shall, as far as practicable, take account of the views of the union and the workers concerned. The obligation on the employer is clear and if the unions at any time consider that the employer has failed to meet that obligation then the dispute can be quickly placed before the Commission for determination. The existing provision will remain unchanged. Clause 17.—Special Rates and Provisions. The Unions seek a variation to the existing Clause 17 (f) which reads as follows— (f) Where a worker is temporarily engaged in work which would, if he were regularly so engaged, entitle him to be allocated to a higher group than the one to which he has been allocated, he shall, if engaged for two hours or more on such work on any day, be paid the higher rate for each hour so worked, but this paragraph does not apply if the work in question has been taken into ac- count in allocating the worker to his ordi- nary group. The unions seek a change iri this provision which will have the effect of paying an employee for the whole shift if he is engaged for two hours or more on work to which is attached a higher disability group- ing, or for actual time if it is less than two hours. In other words, the unions require the payment to be made in similar fashion to the operation of the mixed functions clause. The company opposes the claim, arguing that pay- ment has been made on a per hour basis since the matter was first agreed in 1974; that the scheme was designed to compensate for disabilities which were previously covered by specific award provisions; that those disabilities were such things as dust, heat, wind, dirty work, work in confined and enclosed spaces, noise, etc., and that those types of disabilities in other awards are compensated by the payment on an hourly basis for the time that those disabilities are encountered. Having regard for the background to the creation of disability groupings I do not accept that the com- parison with the mixed function clause is sound. No evidence was led to show that the existing provision is unfair and, in view of the manner in which the pay- ment of special rates applies under awards of this Commission generally, I consider that a case has not been made out for change. Clause 19.—District Allowance. The unions submit that there is a direct relation- ship between the district allowance and the level of rents and charges borne by employees while the company says that this is not necessarily so. At the time this matter was before the Commission the unions were unaware of the extent of any pro- posed increases in rental charges and were thus not in a position to put an argument for increased district allowances. They sought an unfettered liberty to apply to vary the award during its currency. As the Commission understands the position, if the unions require an increase in district allowance be- cause of increase of rents, etc., they will make an ap- proach to the company in the first instance. Failing resolution of the problem they would then want the ability to approach the Commission to have the dis- pute heard and determined. That claim is reasonable and will be allowed. Clause 20.—Mixed Functions. The clause currently reads— 20. (1) With the exception of a worker who acts on one occasion only on any one day in the capacity of crib relief, a worker en- gaged during ordinary hours and/or overtime on duties carrying a higher rate of pay than his ordinary classifi- cation shall be paid the higher rate for the time so engaged, but if so engaged for an aggregate of two hours or more he should be paid the higher rate for the whole day or shift. The unions desire the deletion of the exception mentioned in the first part of that subclause. On what was advanced to the Commission I can see no justification for the change proposed. It is clear that the crib relief situation is something taken into consideration when assessing basic rates of pay, e.g., power house engine driver qualified but not ap- pointed, and this is something of long standing. Mr Bainbridge, for the Federated Engine Drivers' and Firemen's Union, argued that the present clause badly needed clarification in any event. He said that it was being interpreted to prevent a worker who acted on one occasion only in any one day as crib re- lief from being paid higher duties if later that day he performed duties of a higher category. I do not think that the clause was ever intended to be interpreted that way, but I agree with Mr Bainbridge that clarifi- cation is desirable and the clause should be re- drafted to ensure that the problem mentioned by the union is overcome. Clause 22.—Transportation to and from Work. This present clause is something of a mixed grill. In subclause (1) it is clearly stated that the responsi- bility vests in the worker to ensure that he is at his normal place of work ready to commence work prior 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2441 to the designated commencing time for any shift. However, in subclause (2) provision is made for the employer to continue to provide means of transportation to and from work without cost to the worker and provision is also made for the promul- gation of designated routes and designated times for such transportation. Subclause (3), that which the unions now desire to change, provides that where the transport runs late in delivering workers to their place of work the workers will not lose any ordinary time payment in respect of the time lost. The unions' "in principle" argument is that where the employee is working a 21st shift or a shift for which penalty pay- ments apply then he should not suffer a loss in what he would normally expect to receive if the transport ran on time. I think it is a fair enough proposition in the circumstances and the claim will be granted. The second part of the subclause provides that in the event of a delay in excess of 15 minutes beyond the scheduled departure time, the time delayed in ex- cess of 15 minutes shall be paid for by the employer at ordinary time rates. In such circumstances the time to be paid for will be to the nearest quarter of an hour in favour of the employee. There is a difference between the pre-shift delay and post-shift delay. In the first instance a worker stands to lose a portion of his expected income for the shift by virtue of the employer's delay in provid- ing transport, whilst in the second instance the worker's income has already been assured and his only inconvenience is that occasioned by his later ar- rival home. In all the circumstances, I do not think that a penalty going beyond ordinary rates of pay should be imposed on the employer and the second part of the subclause will remain unchanged. Clause 23.—Annual Leave. The existing subclause (3) of this clause reads as follows— (3) If a public holiday falls within a worker's period of annual leave and is observed on a day which, in the case of that worker, would have been an ordinary working day, one day, being an ordinary working day, shall be added to that period of leave. The unions seek an amendment in the following terms— (3) If a public holiday falls within the worker's period of annual leave and is observed on a day which, in the case of that worker, would have been, an ordinary working day or in the case of a shift worker would have been a ros- tered day off, one pay day extra shall be added to that period of leave. The unions argue that the shift worker is disadvan- taged compared with the day worker when public holidays fall during annual leave periods. When a public holiday falls during a day worker's annual leave an extra day is added to his annual leave. How- ever, the shift worker, who receives payment for a public holiday if it falls on his rostered day off during working time, receives no compensation if a public holiday falls on what would have normally been his rostered day off, except for the fact that he is on annual leave. It is not a situation that happens fre- quently, but it is something which, according to the unions, is felt very keenly by a shift worker when it does happen. I consider that there is merit in the claim and it will be allowed. Clause 24.—Public Holidays. The unions seek New Year's Day to be declared a shut down day. The argument seemed to be that the down turn in the industry would make it easier for the company to accede to the union's request. The company raised a jurisdictional question with the Commission, referring in particular to section 23(3) of the Act, but as the unions have failed to make out a merit argument on the particular claim there is no need for the jurisdictional question to be considered. The claim will be refused. Clause 25.—Long Service Leave. The claims of the unions for an improvement in the long service leave provisions were based on a con- sent amendment to the Cliffs Robe River Agreement and part only of the conditions which obtain in Goldsworthy. On no account could it be said that a new standard has emerged in the iron ore industry with respect to long service leave. The unions did not apply themselves to these claims as matters of merit and no special circumstances were shown which would justify departure from the present conditions. The claims are refused. Clause 26.—Sick Leave. The existing clause reads as follows— 5. (a) A worker shall not be entitled to the benefits of this clause unless he pro- duces proof satisfactory to his em- ployer, or, in the event of disagreement, proof satisfactory to the Commission, of sickness. (b) A worker who, in any anniversary year of employment has applied for and been allowed three single days' sick leave without evidence being submitted to support those applications shall not be entitled to the benefits of this clause in respect of any further claims unless he produces to the employer a certificate of a qualified practitioner or Sister in Charge of the Medical Centre certifying that he was unable to attend for duty on account of personal ill health. The claim of the unions is as follows— 5. A worker shall not be entitled to the ben- efits of this clause unless he produces proof satisfactory to his employer of sickness, which could be by medical certificate, statu- tory declaration or note from the Sister in Charge of the First Aid Centre, but the em- ployer shall not be entitled to proof satisfac- tory unless the absence is for three consecu- tive days or more. In support of the claim the unions drew attention to the provisions which apply in three other iron ore companies concerning sick leave which they said did not entitle the employer to a medical certificate un- less the absence was for three days or more. At the present time the responsibility for the acceptance or otherwise of a claim for sick leave appears to be vested in the foreman and the unions maintain that this is unsatisfactory. They say that some foremen do not always accept a statutory declaration as suf- ficient proof of illness. In opposing the claim the Company states that no serious problems have been experienced with the current clause and that it has stood the test of time. It argues that the purpose of sick leave is to ensure that a person who is genuinely ill is not disadvanted and the company is entitled to be satisfied that the sickness claim is genuine before required to make payment. It says that the fact that other companies have agreed to a different provision is not in itself sufficient reason to have the type of provision sought imposed upon it. Less than three years ago the Commission in Court Session considered applications to amend a number of awards relating to shop assistants, storemen and clerks in both the public and private sectors of indus- try and in determining the dispute passed certain comments on sick leave generally. The Commission in Court Session said, inter alia— Current provisions in this State permit workers to take absences of less than three days as paid sick leave at any one time without the 2442 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. need to provide a medical certificate. Although the employer has to be satisfied that the worker has in fact been sick, there are few avenues open to the employer to allow him to make the neces- sary enquiries which would enable him to be so satisfied and the reality of current practice is to accept the worker's word with what seems to be philosophical resignation. Most of the objection to an increased paid sick leave entitlement ap- pears to stem from the prospect of workers taking the addition as a further opportunity to supplement existing periods of paid leisure. There is no suggestion that all workers abuse the provisions in this manner, but the number that probably do is such that some control must be exercised. Recent amendments to a number of awards in this State permit the employer to de- mand a medical certificate with respect to every absence if the worker has in any year been ab- sent on more than one occasion for periods of less than three days and such a provision with some modification appears to be a reasonable method of control. In some situations it is impossible to obtain a medical certificate and to permit payment in such circumstances a declaration made pursuant to the provisions of the Statutory Declarations Act 1906 should be sufficient. (59 W.A.I.G., 1379.) The Commission in Court Session inserted the fol- lowing subclause into the sick leave clauses of the awards under consideration— The provisions of this clause do not apply to a worker who fails to produce a certificate from a medical practitioner dated at the time of the ab- sence or who fails to supply such other proof of the illness or injury as the employer may reason- ably require, provided that the worker shall not be required to produce a certificate from a medi- cal practitioner with respect to absences of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year, if any, shall be accompanied by such certificate. I consider that this type of provision is fair to both parties and is suitable for inclusion in the award. The subclause can be modified to include the Sister in Charge of the Medical Centre. In those cases where it is not possible for the employee to see either a medi- cal practitioner or nurse the company should be sat- isfied with a statutory declaration. Clause 27.—Special Leave. Two claims are made under this heading. First, that the period of leave (now five days) prescribed under subclause (2)(a) should be calculated in any anniversary year of employment and not calculated on a calendar year basis or the 12 months immedi- ately preceding the taking of the leave. The company sees no need for change in the present position so long as all parties are aware of the manner in which the clause should be interpreted. I propose that the words "in any anniversary year of employment" instead of the word "year" should be written into the clause and this should ensure clarifi- cation for the future. Secondly, a new subclause is sought to provide as follows— an employee shall be allowed a single day's ab- sence without pay on application to the company when the employee requires such absence from duty for personal or business reasons which can- not be accommodated in his normal time off, provided that if such an absence is requested on more than two occasions during one year the company may require proof that the request is genuine. In support of the claim the unions stressed the dif- ficulties associated with the working of shifts, stating that urgent private business needed to be conducted from time to time during normal working hours and it was desirable for employees to be able to take un- paid leave with the approval of their employer rather than to take "sickies" and thus be dishonest. On the other hand, the company responds that there is no need for such a provision because it sympathetically looks at any request for unpaid leave. It relied on an earlier decision of the Commission, differently con- stituted, in support of its submission that there was a need to demonstrate that reasonable requests for time off had been denied by the employer before the Commission should consider such a claim. The unions have not demonstrated to the Com- mission the need to legislate in this area for there was no evidence that reasonable requests from employees have been refused. If it is shown in the future that employees do experience difficulties in obtaining leave for good reason then a further approach can be made to the Commission for a review of the matter. Clause 31.—Redundancy. Changes are sought by the unions to the existing redundancy clause. The first is a claim to vary the clause in such a manner that workers may also be de- clared redundant as a result of illness or injury, sub- ject to agreement with the union(s) concerned. On the material before the Commission there are simply no grounds to accede to this claim. It may well be a fact that a similar provision exists in the unregistered Iron Ore Production and Processing (Hamersley Iron Pty. Limited) Agreement 1979, but that is not sufficient in itself to cause a variation of this nature. The Commission has made it clear on a mumber of occasions that each case of redundancy needs to be looked at on its merits and to my know- ledge it has not been argued on merit that inability to continue work because of illness or injury falls within the generally accepted definition of "redundancy". The unions also seek the inclusion of service pay and payment for untaken sick leave in the calculation of benefits. These are included in the calculation of benefits under the redundancy provisions of the in- dustrial documents relating to the three other major iron ore production and processing companies, and having regard for the overall redundancy packages elsewhere in the industry 1 think it fair enough for these benefits to apply to Mt. Newman personnel if they are unfortunate enough to be made redundant. Subclause (6) should be changed to provide that the one week's pay for each completed year of service in- cludes Service Pay and to include payment for any unused sick leave which accrues after the operative date of this award. No case has been made out for any improvement in the existing transportation provision and that will re- main unchanged. Maternity Leave. The unions are seeking a maternity leave clause in line with the policy of the Australian Council of Trade Unions. In support of the proposition the de- cision of the Commission in Court Session of the 21st day of January, 1980 was quoted (60 W.A.I.G., 409- 412). The respondent endeavoured to distinguish the iron ore industry from the other industries which were the subject of the determination of the Com- mission in Court Session. It was submitted that in the Mt. Newman Mining Company's operations there would be a significant cost to the Company if a ma- ternity leave provision were awarded. It was argued that in a city environment or a "normal town en- vironment" the female employee would, in all likeli- hood, continue to reside in her existing accommo- dation and maternity leave would not raise housing problems. However, with respect to Mt. Newman em- 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2443 ployees the position would be rather different. Mt. Newman employees are, by tenancy agreement, pro- vided with accommodation or board and lodging for the period of their employment and that accommo- dation is subsidised heavily by the Company. If the employee were allowed to remain in the accommo- dation there would be a significant cost to the Company. For a single employee that cost, offset by the amount of rent or board and lodging paid by the employee is said to be $13 907 per annum. Another difficulty envisaged by the respondent concerns the replacement of personnel. The company's major source of recruitment for wages em- ployees is Perth and the question is posed—"How does the company encourage a new recruit to come to site as a replacement employee when the period of employment might be anything up to 12 months?" The Commission does not see that question as one which is unanswerable and does not see the implied problem as being very great. In so far as the matter of subsidised cost for accom- modation is concerned the Commission in Court Session made it very clear in its decision of January 1980 that, like the Australian Commission, the con- ditions prescribed were a maximum benefit. In that circumstance the employer should not be required to subsidise accommodation costs in any way while an employee is taking advantage of maternity leave. Finally, if the employer finds difficulty in transferring an employee to a "safe job" provision is made in the conditions awarded by the Commission in Court Session for the lady to proceed on leave. There is no doubt that the conditions prescribed by the Commission in Court Session were intended to create a standard of the Commission and they will be awarded, subject to the qualification mentioned earlier regarding accommodation. Clause 10.—Overtime. The existing clause provides that where a worker is offered overtime and accepts that offer the following provisions shall apply— (b) Except where an offer or acceptance of overtime is withdrawn in the recognised manner where a worker undertakes to work overtime for a specified period or for a speci- fied job— (i) he shall work in accordance with his undertaking unless prevented from so doing by illness, accident or injury; and (ii) he shall be guaranteed work or payment for the specified period for which he undertook to work. The argument centres around the term "recognised manner" and all parties agree that unless a time is specified in the award disputes over withdrawal of overtime will continue. Evidence was led from the Amalgamated Metal Workers' and Shipwrights' Union convenor at Port Hedland to the effect that after a number of disputes over this question had been settled by Halliwell C. under the Industrial Relations Agreement it became custom and practice that 24 hours' notice of with- drawal of overtime would be given at the Port. This then became the "recognised manner". A letter from the Chief Industrial Relations Officer dated 29th January, 1981 tended to support that evidence. The situation at the mine is different. The Commission was informed that a dispute over the matter culminated in a conference before Martin C. and it was then agreed that six hours' notice would apply pending further discussions. Those discussions do not appear to have eventuated. The company led no evidence but submitted that there is a wide range of so-called practices observed. It considers that four hours prior notice is sufficient and maintains that if the overtime is cancelled be- cause of machinery breakdowns, cyclones, strikes, bans, limitations on work or other reasons for which the employer is not responsible no payment is war- ranted. In any event where payment is made it should be at ordinary time rate and for a maximum of four hours. Little was put to the Commission on the merits of the respective stances and in the cir- cumstances the Commission would normally main- tain the present position which certainly is 24 hours at the Port and appears to be six hours at the Mine—although the latter is obviously an interim ar- rangement. However, there seems no logic in dis- tinguishing between employees at the Port and the Mine for all would suffer similar inconvenience when overtime is cancelled. The Commission can gain little assistance from looking elsewhere in the iron ore industry. There seems to be no clear pattern. However, 24 hours ap- pears to be double the maximum notice appearing in any of the awards covering employees in other companies and the payment for cancelled overtime in Newman would also seem more generous. The sensible thing is for the parties to give each other the maximum notice possible and as 24 hours is usually given at the Port I would expect that to con- tinue as far as possible. However, that notice is too long to be made mandatory and the Commission will fix "at least 12 hours" as reasonable notice for the purpose of the clause. No other changes will be made to the clause. Part II—Clause 3. The Federated Engine Drivers' and Firemen's Union seeks to introduce the term "irregular shift workers" into subclause (2) of this clause for the pur- pose of more aptly defining the manner in which em- ployees under this Part operate. They are deemed to be continuous shift workers for the purposes of ap- plying the provisions of Part I and I can see little purpose of benefit in varying the subclause in the manner suggested. Part II—Clause 10. Subclause (1) of the existing clause makes pro- vision for penalty rates to apply when workers are re- quired to work "off roster". Subclause (2) sets out a number of situations in which employees are deemed to be "off roster" and subclause (3) sets out other situations in which the employee is deemed not to be off roster. The union seeks the deletion of one of the latter—that shown in (3)(c)(ii). An employee is deemed to be "of roster" if, when on roster relief, he works a scheduled ore train from his home depot to any away from home depot with- out being given 24 hours' notice but is deemed not to be "off roster" on the shift worked back to his home depot after the trip for which "off roster" penalties were paid. The union argues that, without 24 hours' notice, the relief man takes up the other man's roster until such time as he returns home and it is unfair that he does not receive the appropriate penalty for the second half of the journey. This type of circumstance is not new. It is expected by relief crewmen that they may be called upon on occasions to make these trips. Until 1977 it seems that no penalty payment was considered necessary and this still appears to be the case in the industry generally. No evidence was led in support of the merits of the claim and in the circumstances it must fail. A further claim is for an increase in the allowance of $5.00 presently prescribed in subclause (4) and known as the "Sunday Away Allowance". This allow- ance was introduced in 1974 and was designed to re- place the Sunday Shift Allowance which was then $2.50. It was reduced to $4.00 in 1975 and the Sunday Shift Allowance was paid as well. In 1977 it was in- creased to $5.00 and remained at that figure when negotiations took place in 1979. 2444 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. I consider that it would be reasonable to adjust the allowance in conformity with the percentage move- ment in the C.P.I. (6 capitals) since the June 1977 quarter and the Minutes should reflect this change. Long Train Allowance and Locotrol. The union seeks a substantial increase in the long train allowance which is presently $10.00 and $7.00 per trip for a driver and observer respectively on trains consisting of more than 120 and not more than 160 cars. Those rates were agreed on the understand- ing that (a) standard ore cars approximated an average loading of 100 tons, (b) not more than three locomotives in power consist were linked for the pur- poses of drawing ore trains, and (c) there may be oc- casional linking of additional locomotives but in emergent situations only. The claim is as follows: Driver Observer $ $ Trains of up to 160 ore cars drawn by not more than 3 loco- motives in power consists 21.50 15.00 160-200 ore cars 28.00 20.00 For each additional 40 cars there- after 7.00 7.00 For each additional locomotive in excess of 3 10.80 10.80 Crews of locomotives used for "banking purposes"—each occasion 10.80 10.80 In support of its claim the union led evidence from a very experienced locomotive engine driver who de- tailed to the Commission the problems associated with driving long trains. These are quite plain from the submissions and evidence and need no comment here. The Commission was told that the allowance had its genesis in Queensland and had been the sub- ject of determinations of the Industrial Conciliation and Arbitration Commission of Queensland. The al- lowances determined in Queensland were substan- tially greater than those paid by Mt. Newman but were similar to those now paid in other companies in the industry. For example the driver of a Queensland train hauled by diesel electric locomotives in tandem receives allowances as follows— $ two locomotives 10.80 three locomotive 21.50 for each additional locomotive 10.80 Drivers in other companies receive amounts varying from $18.00 to $24.00 per shift depending on the size of the train while observers' allowances vary from $9.00 to $17.50. It was strongly submitted that the crews of trains on the Newman line had much greater difficulty with distance and gradients than those interstate and in other companies. According to the company the allowance was introduced in 1974 and was three-tiered with allow- ances for 161 to 200 ore cars, 201-220 ore cars and 221-240 ore cars. In 1975 five-tiers were substituted ranging from 121 to 260 ore cars. By 1977 the company was not operating trains longer than 160 ore cars and one level of allowance was struck. The pres- ent rates have operated since April, 1980. The company now wishes to run longer trains and to introduce a system which it considers will increase efficiency of operations known as "locotrol". This is a system whereby extra locomotives are attached to the train remote from the lead locomotives. They are still controlled, however, by the one driver through the use of radio signals. The company will experiment to establish the best situation but has in mind at pres- ent that "locotrol" trains will consist of three lead locomotives and 144 ore cars (the present size train) followed by two locomotives and the remote control unit, followed by a further 96 ore cars. Another pro- posed innovation, separate from and not involving "locotrol", is the concept of "banking". The train goes out with a number of locomotives at the front and at certain gradients along the track locomotives are attached to the rear of the train to help get it up the hill. It is possible that up to 180 ore cars will be used with three only locomotives. Banker loco- motives along the track will give support. The company maintains that the "locotrol" system does not add significantly to the duties and responsibilities of the crews except to the extent that the longer trains require some additional judgment in driving. That aspect should be accommodated in the long train allowance and there is no warrant for other additional payments on account of "locotrol". It says that there should be four levels of allowances as fol- lows: Driver Observer $ $ 121 to 160 ore cars 12.00 8.40 161 to 200 ore cars 13.50 9.50 201 to 250 ore cars 15.00 10.50 250 to 290 ore cars 16.50 11.60 Those rates were devised by applying percentage increases in wage indexation decisions since April 23, 1980 to the current rate and applying greater differ- entials to the higher levels than obtained in 1975. Discussions between the union and the company over the introduction of "locotrol" have been held since 1975 without agreement being reached. The union views the long train allowance as something separate and distinct from "locotrol" while the company sees both as intrinsically bound. The company adduced evidence from the Railroad Area Supervisor at Newman who stated that some 30 odd trains were run with "locotrol" in 1975/76. The tests then stopped and no further testing had taken place. In his view there is less strain on the driver with the "locotrol" system as brake applications are made in half the time. The driver has more cars under his control but everyone tested had handled the trains well and few problems were encountered. The company visualised that locomotive crews would be given about four hours' classroom tuition and four hours' practical tuition with the unit in the yard. They would then do a round trip to the mine under supervision and be qualified to operate the "locotrol" system. It was the company's intention to run ap- proximately six "locotrol" trains per week. The witness attested that tests were carried out with "banking" in 1969 and 1973. The effect on loco- motive crews was slight. The running time of the train would be slightly greater because of the extra ore cars. Under cross examination the witness said he had never driven a "locotrol" train himself and had been tutored for about 8 hours on the system by a man from the firm which was associated with the es- tablishment of the "locotrol" system in the Queensland Railways. The company made no proposal for an allowance to crews of locomotives to be used in "banking" oper- ations. With no disrespect to the Railroad Area Supervisor the union queried his capacity to give "expert" evi- dence on the tuition required to successfully operate the "locotrol" system and relied heavily on a decision of Anderson C. of the Queensland Commission dated 18th June, 1975 which sets out the training necessary for the operation of the "locotrol" system and his ap- preciation of the allowance warranted, in addition to that granted on account of the number of locomotives hauling the train which bears directly on the length and weight of the train being operated. Evidence led from Mr B. Angell supported the union's claim both as to training and problems but I think all must accept that experience as it affects the company's operations is very limited all round. Dealing first with the long train allowance a good case has been made out for a substantial lift in the present rate. I do not accept, however, that there is justification for extra payment when more than three 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2445 engines are attached because the claim also seeks extra payment when the number of ore cars are in- creased and I find it hard to accept that the length of the train and the number of locomotives are other than directly related. It is noted that in Queensland the payments are for the number of locomotives not the number of cars. I have given consideration to all of the evidence and submissions in these proceedings and have delib- erated at length on the comparative position within the industry, my knowledge of the rail systems, the arbitrated decisions of the Queensland Commission and the fact that it is the norm rather than the excep- tion for two qualified locomotive engine drivers to man these trains rather than one driver and one observer. I consider that Long Train Allowances should be as follows— Driver Observer $ $ More than 120 cars but less than 160 cars 18.00 12.60 160 cars but less than 200 cars 23.00 16.10 200 cars but less than 240 cars 28.00 19.60 240 cars but less than 280 cars 33.00 23.10 There is an insufficiency of information before the Commission for it to award an allowance for crews of locomotives engaged in "banking" operations. The parties may return to the Commission during the life of the award to re-argue this matter in the light of ex- perience of the operation. Turning now to "locotrol" I consider that the Com- mission must be guided to a large extent at this time by the decisions of the Queensland tribunal. In that regard I would award a trip allowance of $17.00 to drivers and $11.30 to observers working trains upon which "locotrol" equipment is in operation. I would also allow the parties to return to the Commission for a review during the life of the award in the light of their experience of the system. Trackmobile Operator. By this claim the Federated Engine Drivers' and Firemen's Union required the elevation of the oper- ator from group 2 to group 1 in the disability allo- cations. It was agreed that the Assistant Registrar, Karratha would examine the question and report back to the Commission. Part of his report reads— "Mount Newman Mining Company has five trackmobiles and eleven operators currently on establishment. The trackmobiles are vehicles which work on rail but are also able to be driven on road. The required licence to operate the machines is the normal B class driving licence and the company has additional standards for on rail work. The vehicle is of quite small dimen- sions and although much higher than, is about the same size as an ore wagon. Its width is the same as a locomotive. The machine has the cab and the engine on top of a lower frame. The cabin and engine, which is rated at 112 brake horse power, are adjacent to each other and a number of controls are directly connected to the engine from within the cabin. The cabin is ap- proximately 6 feet long, 4 feet 6 inches wide and 5 feet high. A large sliding window by the driver's seat opens to about 2 feet 6 inches by 2 feet and there are entry doors. The machine has two sets of controls at either end for movement in either direction on rail. One set of controls also includes a steering wheel for normal road driving. The machine is utilised to push or pull up to 6 or 7 locomotives or number of ore wagons around the workshops. As a result it is a low geared powerful unit which, by the use of hydraulics, partially lifts the towed or pushed object to ob- tain traction on track. Although the cabin is not large, once seated operator comfort is much the same as in a small truck. In operating the trackmobile on track the operator lines up the couplings of the machine and the object to be moved and uses impact to effect the coupling. He is then required to leave the cabin for a few moments to complete the link up of the two machines. By using the hydraulics, weight is taken from the object to be moved to increase traction and the consist is moved along the line at speeds, which I would estimate at about walking pace. In considering the claim and the disabilities experienced a number of factors are involved. These include heat, noise, vibration and dust as well as the length of time an operator actually operates the machine, both inside and outside the workshops. Employees generally who work inside the loco- motive services workshop receive group 1 disabilities whilst employees in the ore car and locomotive overhaul workshop are in receipt of group 2 disabilities. Employees who are exposed to the elements outside of the workshops gener- ally receive group 1 disabilities unless they are in some way protected (e.g., in air conditioned vehicles). When propelling a consist of locomotives the trackmobile operator of necessity, because the trackmobile is the same width as the locomotive, must have his window open so that he can see the observer who travels on the other end of the consist. This of course exposes the operator to both heat and when the machine is operating near the stockpiles, to dust. Whilst the trackmobile is fitted with an air conditioner the operators maintain that it is ineffective with the window open. It often happens, therefore, that the operator opens the two doors of the machine to get a through flow of air. As well, the operator must leave the cabin periodically to complete the link up with the object to be towed and whilst this is of a short duration he nevertheless faces external conditions. The operators also claim that the engine creates additional heat as it is close to the cabin and the vents of the engine controls permit heated air to enter the cabin. Whilst this was not a particular problem when I travelled in the machine, I did note that it had not been used for some time (i.e., it was cool) and the distance travelled was short. I accept that heat, particularly in the summer time, would be a disability for the operators. Engine and gear noise is substantial in the trackmobile even when it is not towing or push- ing. The operators claimed that the noise levels rise substantially as does heat when towing or propelling. The company obviously recognises this as all drivers have been supplied with ear muffs. Some operators however do not wear these as it is very uncomfortable if glasses are also being worn. Track noise and vibration, which is not inconsiderable, also add to operator discomfort. When working, the trackmobiles spend a significant proportion of the time outside of the workshops. One estimate was that this is around 80 per cent. Whilst the machine is free running (i.e., not on tow or propel work) the windows and doors can be closed and the air conditioner utilised. It was pointed out however that the far greater proportion of time is in propelling or towing as, when it is free running the machine travels far more quickly. I consider that because of the exposure to heat, noise, vibration and sometimes dust and because of the the amount of time worked outside of the workshops, that the operators face 2446 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. significant levels of disability. To a significant extent they face the same disabilities as other outside workers and should perhaps, receive the same payment. The nature of the work, however, means that the machines are not in constant use. When they are not driving, the operators are able to wait in the crib room, in their machine or elsewhere. It is apparent that most spend their non operating time in the air conditioned crib rooms which are more comfortable quarters than the cabin of the trackmobile. Whilst I consider the unions claim is substan- tiated when the machines are at work I do not think that an entitlement to group 1 disabilities exists when the operator is able to relax in the crib room. In trying to assess entitlements, therefore, time spent in he machine becomes an important consideration and this varies con- siderably at each of the workshops and as be- tween workshops. In the locomotive services workshop the company claimed (on transcript) that the oper- ator spends 3 to 6 hours per day in the trackmobile. The operator I spoke to indicated that he spent about 5 hours per day on average in the machine. His supervisor stated, however, that on occasion the figures could be as low as 2 to 3 hours. The work itself is such that the oper- ator may not be consistently in the machine at any given hour. That is, the machine may be op- erated for, say, 20 minutes then stopped for 30 minutes again operated for perhaps 40 minutes and so on. This makes averaging a question of judgment and the judgments vary. In looking at this workshop however it appears in view of the company's estimate of 3 to 6 hours that the oper- ators estimate of 5 hours as a long term average is not unreasonable. In the ore wagon workshop the company esti- mated (on transcript) that the trackmobile would be manned about . 50 per cent of the time on day shift. Company supervisors who were questioned as to the time, estimated that the machine would be in use around 41/2 hours on day shift, 21/2 hours on afternoon shift and 2 hours on night shift. The operator claimed that he would work up to 7 out of 8 hours on day shift, 5 out out of 8 on afternoon shift and 3 hours on night shift. It would seem that a long term average of hours worked could be around those as stated by the supervisors, however, I ac- cept that the figures could be slightly higher. The locomotive overhaul workshop average, according to the company, (on transcript) is 3 hours per day. The operator and his supervisor both agreed that the job was subject to great variability (from 1 to 6 hours) but altimately also agreed that a long term average would be 3 or 4 hours per day. Both the locomotive services workshop and ore wagon workshop work shift systems for trackmobile operators whilst the locomotive overhaul owrkshop is day work. As no varying figures for the afternoon and night shifts were supplied for the locomotive services workshop and in the view of the work undertaken in that workshop I am of the view that 5 hours average time worked is a reasonably fair assesment for all shifts. As it would be extremely difficult, if not im- possible to calculate the actual hours spent in the trackmobile for each operator, it appears the only reasonable method of calculation is to take averages. Clearly the operators are not subject to the disabilities for significant proportions of their total time, yet when they are operating they face the disabilities. I am of the view that group 1 disabilities should be paid to trackmobile operators on what seem to be reasonable estimates of the average time spent in the machines. That is— (a) Locomotive Services Workshop—all shifts—5 hours (b) Ore Wagon Workshop—Day Shift—5 hours Afternoon Shift—3 hours Night Shift—2 hours (c) Locomotive Overhaul Workshop—Day Work only—3 hours." The views of the Assistant Registrar are in my op- inion fair and reasonable and, subject to any agreed rationalisation by the parties at the Speaking to the Minutes, should be adopted. Liberty. There are a few matters relating to track gangs upon which further discussion between the parties was to have taken place. If agreement has been reached this can be reflected in the Minutes to be prepared. If any specific matters are still unresolved provision should be made in the Minutes for liberty to apply to the Commission for consideration of them during the life of the award. Term. The Commission considers that the award should have a two year term, from 1st June, 1982 subject to any re-opening provision which may be determined by the Commission in Court Session with respect to wages. Minutes. The parties should now prepare Minutes of the proposed award which should incorporate all matters agreed between them and reflect the decisions outlined in these reasons. The decision of the Com- mission in Court Session with respect to the wages clause should also be included so that one complete award document is compiled. When that is done ar- rangements will be made for a Speaking to the Min- utes and the award will then formally issue. EDITOR'S NOTE. The Reasons for Decision of the Commission in Court Session my be found in Volume 62, part 2, Sub-Pt.3, page 2088. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 10 and 10A of 1981. Between Mt. Newman Mining Co. Pty. Limited, Ap- plicant, and The Australian Workers' Union, West Australian Branch, Industrial Union of Workers; The Federated Engine Drivers and Firemen's Union of Workers of Western Aus- tralia; Amalgamated Metal Workers and Ship- wrights Union of Western Australia; Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch; Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth; Building Trades As- sociation of Unions of Western Australia (Association of Workers); Australasian Society of Engineers, Moulders and Foundry Workers In- dustrial Union of Workers, Western Australian Branch, Respondents. Award. HAVING heard Messrs O. Ihlein, M. McLean and S. Rooke on behalf of the applicant, Messrs T. Rynn, A. R. Beech, R. J. Krygsman, K. J. Gilbert and W. Donohue on behalf of the Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth, Messrs J. Bainbridge and R. A. Keegan on be- half of The Federated Engine Drivers and Firemen's Union of Workers of Western Australia, Mrssrs D. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTR1AL GAZETTE. 2447 Bartlem and A. J. Marks on behalf of the Amalga- mated Metal Workers and Shipwrights Union of Western Australia, Messrs G. Bourke, G. G. Young and T. Henderson on behalf of the Building Trades Association of Unions of Western Australia (Association of Workers), Messrs J. Gerritsen, R. T. Bellamy and W. Perkins on behalf of the Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch, Messrs G. Barr, C. Butcher and B. Wilson on Behalf of The Australian Workers' Union West Australian Branch, Industrial Union of Workers, and Mr D. Forster on behalf of the Australasian Society of Engineers, Moulders and Foundry Workers Industrial Union of Workers, Western Australian Branch, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby makes the following award— 1.—Title. This award shall be known as the Iron Ore Pro- duction and Processing (Mt. Newman Mining Company Pty. Limited) Award No. 10 and 10A of 1981 and shall replace Award No. ACR133 of 1977 as amended. 2.—Arrangement—Part 1. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term. 5. Contract of Employment. 6. Apprentices. 7. Junior Employees. 8. Cadets and Students. 9. Hours. 10. Overtime. 11. Shiftwork. 12. Holiday Work. 13. Weekend Work. 14. Distant Work. 15. Time and Wages Record. 16. Payment of Wages. 17. Special Rates and Provisions. 18. Service Payments. 19. District Allowance. 20. Mixed Functions. 21. Travelling on Engagement and Termin- ation. 22. Transportation to and from Work. 23. Annual Leave. 24. Public Holidays. 25. Long Service Leave. 26. Sick Leave. 27. Special Leave. 28. Union Officials. 29. Utilisation of Contractors. 30. Posting of Notices. 31. Redundancy. 32. Cyclone Stand-by. 33. Daylight Saving. 34. Maternity Leave. 35. Definitions. 36. Liberty to Apply. * First Schedule—Wages. Second Schedule—Disability Group Allocations. Third Schedule—Special Maintenance Rates. (* Denotes Wages Schedule determined by Com- mission in Court Session). 3.—Area and Scope. (1) This award— (a) relates to the Iron Ore Production and Pro- cessing Industry as hereinafter defined. (b) applies to all employees employed by the applicant in any calling mentioned herein. (c) is restricted in its operation to the land and premises occupied and controlled by the ap- plicant between 18th and 26th parallel of South latitude. (2) For the purpose of this award the Iron Ore Pro- duction and Processing Industry includes the oper- ations of quarrying, mining, crushing, treating, storing, transporting, loading and unloading of iron ore and operations incidental thereto. 4.—Term. (1) This award shall operate from 17th August, 1982 and shall remain in force until 31st May, 1984; provided that, except as elsewhere prescribed in this award, the rates and conditions contained herein shall take effect from 1st June, 1982. (2) The rates prescribed in subclauses (2), (3), (4), (7), (8), (11), (12), (13) and (14) of the First Sched- ule—Wages, shall take effect from the beginning of the first pay period which commenced on or after 1st June, 1982. (3) The rates prescribed in subclause (16) of the First Schedule—Wages shall take effect on and from 16th June, 1982. 5.—Contract of Employment. (1) For as long as the Industrial Relations (Mt. Newman Mining Co. Pty. Limited) Agreement No. 27 of 1975 remains in force the provisions of this clause are to be read subject to and in conjunction with that Agreement with the intent that where this clause is inconsistent with the provisions of that Agreement the provisions of that Agreement prevail. (2) (a) A contract of employment to which this award applies may be terminated in accordance with the provisions of this clause and not otherwise but this subclause does not operate so as to prevent any party to such a contract from giving a greater period of notice than is hereinafter prescribed nor to affect the employer's right to dismiss an employee without notice for misconduct which, at law, would justify summary dismissal. (b) An employee who is validly dismissed without notice is entitled to be paid wages and other en- titlements due up to the time of dismissal only. (3) Subject to the provisions of this clause, a party to the contract of employment may on any day give to the other party the appropriate period of notice of termination of the contract prescribed in subclause (6) and the contract terminates when that period ex- pires. (4) In lieu of giving the notice referred to in subclause (3) .the employer may pay the employee concerned his ordinary wages for the period of notice to which he would otherwise be entitled. (5) (a) Where an employee leaves his employ- ment— (i) without giving the notice referred to in subclause (3) or (ii) having given such notice, before the notice expires, he forfeits his entitlement to any moneys owing to him under this award ex- cept to the extent that those moneys exceed his ordinary wages for the period of notice which should have been given. (b) In a case to which paragraph (a) applies— (i) the contract of employment shall, for the purposes of this award, be deemed to have terminated at the time at which the em- ployee was last ready, willing and available for work during ordinary hours under the contract; and (ii) the provisions of subclause (3) shall be deemed to have been complied with if the employee pays to the employer, whether by forfeiture or otherwise, an amount equival- ent to the employee's ordinary wages for the period of notice which should have been given. 2448 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (6) The period of notice referred to in subclause (3) is— (a) one hour in the case of a casual employee; and (b) in any other case, which ever is the shorter of the following periods, namely— (i) seven consecutive days counted from the time at which the notice is given; or (ii) five ordinary time shifts which, if the notice is given not later than one hour after the commencement of an ordi- nary time shift, shall include that shift. 7) (a) On the first day of engagement, an employee shall be notified by the employer or by the em- ployer's representative whether the duration of his employment is expected to exceed one month and, if he is hired as a casual employee he shall be advised accordingly. (b) An employee shall, for the purpose of this award, be deemed to be a casual employee— (i) if the expected duration of the employment is less than one month; or (ii) if the notification referred to in paragraph (a) is not given and the employee is dis- missed through no fault of his own within one month of commencing employment. (8) The employer is under no obligation to pay for any day not worked upon which the employee is re- quired to present himself for duty, except where this award makes specific provision for payment for such absence. (9) An employee who, without prior notice to or ar- rangement with his employer, is absent on any ordi- nary day or ordinary shift shall, unless he is unable to do so notify the department in which he is employed of his inability to attend for work on that day or shift and such notification shall be given, where possible, before the time at which he is due to commence work on that day but in any event no later than eight hours after that time. (10) An employee, who without notification to and subsequent approval of the employer, is absent from work for one week shall be deemed to have aban- doned his employment unless and until, in the cir- cumstances of any particular case, the employer otherwise agrees, but this subclause does not affect the employer's right of dismissal referred to in subclause (2). (11) (a) A tradesman shall not be required to per- form work outside the ordinary scope and practice of his trade. (b) No member of the Federated Engine Drivers and Firemen's Union of Workers of Western Aus- tralia employed in a classification solely covered by that union shall be required to perform work outside the ordinary scope and practice of classifications covered by that union. (c) No employees, members of The Australian Workers' Union, West Australian Branch, Industrial Union of Workers or the Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch, employed in a classification covered by those unions shall be required to perform work outside the ordinary scope and practice of classifications covered by those unions. (d) Subject to the preceding provisions of this subclause an employee shall perform such work as may be required of him pursuant to his contract of employment and may, with his consent, be reclassified from one position to another by being given one week's notice of the reclassification. (12) An employee who has relieved in a classifi- cation higher than his ordinary classification for four weeks or more shall not be returned to his ordinary classification without being given one week's notice or payment at the higher rate in lieu thereof. (13) Notwithstanding the provisions of this clause but subject to the provisions of Clause 11.—Shift Work an employee shall transfer from day work to shift work and from shift work to day work if and when required by the employer to do so. (14) (a) No contract of employment shall be made between the employer and any employee which con- tains any term or condition which is inconsistent with or contrary to the provisions of this award; and (b) Subject to paragraph (a) the terms and con- ditions of employment under any contract of employ- ment are matters between the employer and the em- ployee concerned. (15) Notwithstanding the provisions contained elsewhere in this award, continuous service for all leave purposes shall include any period during which an employee is on strike subsequent to 31st December, 1979. (16) An employee who is stood down at or within four hours after the time of commencement of his day or shift without having been given notice of that stand down at least four hours prior to the time of the stand down shall be paid for the eight hours of that day or shift; such notice of stand down shall be by way of broadcast announcement and verbal advice to the appropriate union representative. 6.—Apprentices. (1) Apprentices may be taken to instrument mak- ing and/or repairing, radio servicing, electrical fitting, auto electrical fitting, fitting and/or turning, electri- cal installing, fitting and first class machining, first class machining, first class welding, boilermaking, boilermaking/welding, motor mechanics, plant mech- anics (industrial), panel beating/spray painting, re- frigeration fitting, sheet metal working, carpentry and joinery, plumbing, painting, signwriting and decorating, bricklaying, upholstering, plastering and wall tiling, nursery or greenkeeping branches of the horticultural trade in the proportion of one appren- tice to every two or fraction of two tradesmen; pro- vided that the fraction shall not be less than one. (2) Except as hereinafter provided every agree- ment of apprenticeship shall be for a period of four years in the case of painting, carpentry and joinery, upholstering and plastering and wall tiling and for a period of five years in all other cases, unless, with the approval of the Director of Industrial Training that period is reduced or deemed to have been com- menced prior to the date of the agreement; provided that— (a) where the apprentice has completed the tenth year of schooling and has obtained the Achievement Certificate, High School Certificate or Junior Certificate of the Pub- lic Examinations Board in such subjects and at such levels as the appropriate Industrial Training Advisory Board determines and has the vocational aptitude for the trade concerned, the period of apprenticeship shall be four years; and (b) where the apprentice has completed the eleventh year of schooling and has obtained the Achievement Certificate, High School Certificate or Junior Certificate of the Pub- lic Examinations Board in such subjects and at such levels as the appropriate Industrial Training Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to 3 'A years; and 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2449 (c) where the apprentice has completed the twelfth year of schooling and has obtained the Achievement Certificate, High School Certificate or Leaving Certificate of the Public Examinations Board in such subjects and at such levels as the appropriate Indus- trial Training Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three years. (3) A person who has satisfactorily completed an approved pre-apprenticeship course conducted by the Technical Education Division of the Education Department may be indentured as an apprentice under this award on a three year term of apprentice- ship. (4) Subject to the foregoing provisions of this clause the provisions of the Industrial Training (General Apprenticeship) Regulations and the Indus- trial Training (Apprenticeship Training) Regulations made under the Industrial Training Act, 1975, and in force at the date of this award are hereby incorpor- ated in and form part of this award. (5) An apprentice shall be paid a percentage of the appropriate tradesman's rate, as set out in subclause (10) of the First Schedule—Wages. 7.—Junior Employees. (1) "Junior Employee" means an employee who— (a) is under the age of 18 years; (b) is not an apprentice; and (c) normally resides in the same area as other employees to whom this award applies. (2) (a) Male junior employees may be employed at the appropriate junior rate of wage in any of the fol- lowing callings, namely, Sampler Grade III, Brush Hand, Chainman, Storeman Grade III, Swimming Pool Attendant (not as sole person in charge), Township Labourer, Tradesman's Assistant (Township only). (b) Female junior employees may be employed at the appropriate junior rate of wage in any of the call- ings mentioned in paragraph (a) except Chainman and Brush Hand. (c) Except as prescribed in this subclause, junior employees shall not be employed without the consent of the union concerned. (3) A junior employee employed pursuant to this clause shall, where possible, be given training by or at the direction of the employer in the appropriate functions of the classification to which he may reasonably be expected to progress on reaching adulthood, but a junior employee shall not, during such training or otherwise, be required to perform work of a kind or to an extent which is beyond his capability. (4) A junior employee employed pursuant to this clause shall be paid a percentage of the adult com- mencing rate for the classification in which he is employed, as set out in subclause (6) of the First Schedule—Wages., 8.—Cadets and Students. (1) Notwithstanding the provisions of Clause 6.—Apprentices of this award, persons who are undertaking a recognised full time course of formal education leading to tertiary education qualfication in Mechanical or Electrical Engineering may, under the supervision of qualified tradesmen, be given training and practical work experience on tools and equipment relevant to their field of learning. (2) Students on vacation from a university or other similar educational institution may be employed on a short term basis in a classification under the First Schedule—Wages of this award but the provisions of this award apply in full to or in relation to any such employment; provided that no student shall be en- gaged for a longer period than the period of his vacation. 9.—Hours. (1) Day Workers. (a) The ordinary hours of work of day workers— (i) shall be 40 hours per week; (ii) shall be worked in five days of not more than eight hours per day, Monday to Friday inclusive; (iii) shall, subject to the provisions of paragraph (b) start no earlier than 0630 hours and end no later than 1700 hours each day; and (iv) shall be worked consecutively each day except for a meal interval which shall be not more than one hour and not less than 30 minutes. (b) Starting times prior to 0630 hours and fin- ishing times later than 1700 hours may be fixed by agreement between the employer and the union or unions and employees con- cerned. (c) An allowance of 30 minutes at the ordinary rate prescribed in the First Sched- ule—Wages of this award shall be paid to a day worker who partakes of a midday meal break during ordinary hours of work on Monday to Friday on each such day worked; provided that where a day worker works on a Saturday, Sunday or a Public Holiday for four hours or more the 30 minutes payment shall be made at the appropriate penalty rate. (2) Shift workers other than Continuous Shift Workers. The ordinary hours of work of shift workers who are not continuous shift workers— (i) shall be 40 hours per week; (ii) shall, in the case of five day shift workers, be worked in shifts of eight hours per day, Monday to Friday inclusive; (iii) shall, in the case of six day shift workers, be worked in shifts of eight hours per day on any five of the days from Monday to Saturday inclusive, provided that no six day shift system may be introduced without the consent of the union or unions concerned; and (iv) shall be worked consecutively each day ex- cept for a meal interval which shall be 30 minutes, including wash-up time, and be counted as time worked. (3) Continuous Shift Workers. (a) The ordinary hours of work of continuous shift workers— (i) shall be 80 hours per fortnight; (ii) shall be worked in shifts of eight hours; and (iii) shall on each shift include a crib break (meal interval) of 30 minutes, including wash up time. (b) In paragraph (a) "fortnight" means the two weekly pay period. (c) (i) The twenty first shift which occurs not more than once in 28 days for any con- tinuous shift worker shall be worked as if it were part of the ordinary hours of work and shall be paid for at double time rates. In addition, to compensate for the compulsory nature of the overtime involved the annual leave en- titlement of each such worker shall be increased by three days when, except for occasions on which he has been ab- sent with the approval of the employer, he has worked 13 consecutive twenty first shifts for which he has been ros- tered. 2450 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (ii) For the purpose of this paragraph an employee shall be deemed not to have been rostered for any twenty first shift which occurs during a period when he is on strike but this paragraph does not apply to any overtime ban which ex- tends to the twenty first shift. (iii) This paragraph applies to employees who are engaged on continuous shift work whether permanently or otherwise. (d) The power house roster at Newman in oper- ation at the date of this award and the rates and conditions pertaining thereto shall be deemed to be in accordance with this award. (4) All Shift Workers. Except at regular changeover of shifts a shift worker shall not be required to work more than one ordinary time shift in each 24 hours, but this subclause does not prevent arrangements of the kind referred to in subclause (2) (b) of Clause 10. (5) All Employees. (a) The meal interval referred to in the preced- ing provisions of this clause shall be allowed, where practicable, during the fifth hour of the shift but in any event so as to commence no later than five and one half hours after the commencement of the shift except in emergency circumstances. For the purpose of this paragraph emergency circumstances are those in which the work cannot reason- ably be interrupted without— (i) danger to persons or damage to plant and equipment; or (ii) rendering useless, work which has already been performed. (b) Smoko Rest Period— (i) A smoko rest period of 15 minutes shall be allowed to each employee during each shift, shall be deemed to be time worked and, subject to the following provisions of this paragraph shall be taken on the job. (ii) Where the crib room is available for taking smoko rest periods and any employee or group of employees is able to visit the crib room for that purpose without being absent from the job for more than 15 minutes, that employee or group of employees may take the smoko rest period in the crib room. (iii) The crib room shall be deemed not to be available to any employee or group of employees upon it being estab- lished that the employees concerned have shown by tbeir conduct that they are not regularly able to visit the crib room for smoko without being absent from the job for more than 15 minutes. 10.—Overtime. (1) Overtime Commitment. (a) Subject to the provisions of subclause (3) (c) of clause 9 and to those of this clause an em- ployee is not obliged to work overtime, but where an employee is offered overtime and accepts that offer, the following provisions shall apply. (b) Except where an offer or acceptance of overtime is withdrawn by notice given 12 hours or more prior to the commencement of the specified period of overtime, where an employee undertakes to work overtime for a specified period or for a specified job— (i) he shall work in accordance with his undertaking unless prevented from so doing by illness, accident or injury; and (ii) he shall be guaranteed work or pay- ment for the specified period for which he undertook to work. (Note: Failure by an employee to honour an under- taking to work overtime may be taken into consider- ation by the employer in any future offer of overtime.) (2) Overtime Rate. (a) All time worked outside or in excess of the ordinary hours fixed by or pursuant to Clause 9 shall, except wbere it is otherwise expressly prescribed be paid for at the rate of double time. (b) Time worked by a continuous shift worker in excess of the ordinary hours of work shall be paid for at ordinary rates if it is due to private arrangements between employees themselves. (3) Recalls. (a) An employee who, after leaving the job, re- turns by direction of the employer to work overtime is deemed to have been recalled whether notified before or after leaving the job of the requirement to work. (b) An employee recalled to work overtime shall for each such recall be paid for at least four hours at the appropriate rate but except where paragraph (c) applies, not more than one in respect of any period of time. (c) Where an employee works less than four hours overtime on recall and the overtime is, except for a reasonable meal break, continu- ous with the commencement of his ordinary hours of work he shall be paid for the mini- mum period prescribed in paragraph (b) without diminution of the payment due to him for his ordinary hours of work, but this paragraph does not apply where the em- ployee was notified of the requirement to work before leaving the job on the previous day or earlier. (d) Unless unforeseen circumstances arise, an employee recalled for a specific job shall not be required to work for the prescribed mini- mum period if the job is completed in less time than that minimum period. (e) Written advice stating the work or, as the case may be, the specific job required to be performed sball be given to the employee at the time of his recall and transport to and from work shall be provided if required. (f) The provisions of this subclause do not apply-— (i) where it is customary for an employee to return to perform a specific job outside his ordinary hours of work; or (ii) where the overtime worked is, except for a reasonable meal break, continu- ous with the completion of the ordi- nary hours of work. (4) Rest Period after Overtime. (a) An employee who, by reason of working overtime, bas not had at least 10 consecutive hours off duty after the termination of his ordinary hours of work on any day shall not, unless specifically directed to do so by his Departmental Head, commence his ordinary hours of work on the next day until he has had 10 consecutive hours off duty. (b) An employee who, pursuant to a specific di- rection by his Departmental Head, works in ordinary hours on any day without having had 10 consecutive hours off duty since the 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2451 termination of his ordinary hours of work on the preceding day shall be paid at the rate of double time for the ordinary hours so worked and shall, at the conclusion of such work, be given 10 consecutive hours off duty. (c) where, pursuant to the preceding provisions of this subclause, an employee is given 10 consecutive hours off duty— (i) any ordinary hours of work; and (ii) any specified period of overtime to which paragraph (b) of subclause (1) applies falling, in either case, within that 10 hour period shall be deemed to be time worked and shall be paid for at ordinary or overtime rate as the case requires. (d) Where the time worked by an employee on a recall is less than four hours the time so worked shall not be regarded as overtime for the purposes of this subclause, but this paragraph does not apply with respect to re- calls within the 10 hour period immediately preceding the time at which the employee is to commence his ordinary hours of work if he is recalled on two or more occasions within that period and the overtime worked by him on the last of such occasions ends be- fore that ordinary commencing time. (e) Where an employee (other than an em- ployee engaged on continuous shift work) works a Sunday or public holiday immedi- ately preceding an ordinary working day the preceding provisions of this subclause shall be applied to him as of the termination of his work on the Sunday or public holiday were the termination of ordinary hours of work on an ordinay working day, but this paragraph does not apply where the work done on the Sunday or public holiday is pre- notified pre-start overtime. (f) Except where it is expressly provided otherwise, the preceding prvisions of this subclause apply to shift workers who rotate from shift to shift but when overtime is worked by any such shift worker— (i) for the purpose of changing shift ros- ters; or (ii) by an approved arrangement between that shift worker and another em- ployee, eight hours shall be substituted for 10 hours in applying those provisions. (5) Rest Periods and Meal Breaks on Overtime. (a) An employee who, except for breaks pre- scribed in this subclause works more than lib hours overtime following his ordinary hours of work shall, subject to the provisions of this paragraph, be given a rest period of 15 minutes before commencing the overtime. The rest period shall be paid for at ordi- nary time rate but if by direction of the em- ployer, the rest period is not taken it shall stand alone and be paid for at double time rate. (b) (i) An employee who works exactly two hours of overtime immediately follow- ing his ordinary hours of work and who has not had a crib break since his mid shift crib break, shall be paid an ad- ditional 20 minutes at overtime rates, (ii) An employee who, except for breaks prescribed in this subclause, works more than two hours overtime immedi- ately following his ordinary hours of work, shall be entitled to a 30 minute meal break no later than 5 lb hours after the completion of his mid shift meal break and thereafter at four hourly intervals. (iii) If such an employee is not resident in the employer's single employees' quar- ters he shall, if he so requests, be sup- plied by the employer with a meal free of charge during each such meal break. (c) An employee on day work or day shift who is required to work for two hours or more im- mediately precedng the commencement of his normal work on that day, shall be al- lowed a crib break of 30 minutes without de- duction of pay as close as practicable to his normal commencing time. (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 three dollars ($3.00) or a meal voucher in lieu thereof, but an em- ployee may not elect to take payment in lieu of a meal when the employer is able to supply that meal. (e) Where, because of work requirements, an employee in the powerhouse is required to partake of his crib on the job, the untaken crib break of 30 minutes will be added to the actual time worked on that shift and shall be paid for at the appropriate overtime rate. The present practice with respect to the supply of meals shall continue. (6) Stand by. An employee who is required to hold himself in readiness outside his ordinary hours of work for a call to work shall, for the time that he so holds himself in readiness, be paid— (i) at the rate of time and one quarter on a Saturday or Sunday; (ii) at the rate of time and one half on a public holiday or in the case of a continuous shift worker, his rostered day off; and (iii) at ordinary time rates on any other day. (7) Overtime Minimum on Weekends and Hol- idays. Where an employee who is required to commence overtime work on a Saturday, Sunday or public hol- iday is ready, willing and available to work in accord- ance with that requirement he shall be given at least four hours work or four hours pay at the appropriate rate in lieu thereof, but this subclause does not apply with respect to pre-notified pre-start overtime. (8) Transport on Overtime. Where an employee is required to commence or cease work at a time when normal transport is not available the employer shall where necessary provide him with transport to or from work as the case re- quires. (9) Calculation of Overtime. (a) In computing overtime each day shall stand alone but when an employee works overtime which continues beyond midnight on any day the time worked after midnight shall be deemed to be part of the previous day's work for the purpose of this clause. (b) Overtime payment on shift work shall be calculated on the rate payable for day shift excluding weekend or shift penalty rates. (c) Except and to the extent that it is otherwise expressly provided the provisions of this clause do not operate so as to require pay- ment of more than double time and one half on a public holiday or double time on any day for any work. 2452 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 11.—Shift Work. (1) The provisions of this clause apply to shift work whether continuous or otherwise. (2) (a) The employer may work any of his em- ployees on shifts and may change any shift system in operation from time to time, but before doing so shall, unless the employees concerned agree to the proposed method of working, give notice of intention to those employees and to the union or unions con- cerned as hereinafter prescribed. (b) The employer shall consult with the employees and the union or unions concerned when changing a shift roster and shall make every endeavour to reach mutual agreement. If the parties are agreeable to a change in the shift roster that change may be im- plemented on a mutually agreed date. (c) Where the parties are unable to agree on a ros- ter the employer may, with 14 days' notice given after the conclusion of the discussions referred to in para- graph (b), post a roster which shall as far as practi- cable, take account of the views of the union and the employees concerned. (3) (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— Per hour extra, cents (i) If a two shift worker 58 (ii) If a three or four shift worker or if engaged on permanent night shift 62 (b) The shift work allowances prescribed in para- graph (a) of this subclause shall be varied in accord- ance with General Orders of the Western Australian Industrial Commission made pursuant to section 51 of the Industrial Arbitration Act, 1979. (4) An employee employed on permanent night shift shall, in addition to his ordinary rate of wage, be paid half time extra for each ordinary time shift worked unless he is employed on a roster to which the employer and the union or unions concerned have agreed that this subclause shall not apply. (5) For the purpose of this clause— "afternoon shift" means a shift starting at or after 1200 hours and prior to 2000 hours; "night shift" means a shift starting at or after 2000 hours and prior to 0600 hours; "day" means the period from 0001 hours to 2400 hours on the same day, but where a shift commences at or after 2300 hours on any day the whole of the shift shall, for the purpose of this award, be deemed to have been worked on the following day; and "continuous shift work" means a three shift system which, except for break downs or other circumstances beyond the control of the employer, is worked without interruption over the seven days of each week. (6) A day worker who is transferred to shift work without seven days notice and who works for less than five consecutive afternoon shifts or less than five consecutive night shifts, shall be paid at overtime rates for each such shift falling within seven days. (7) If a shift worker is tranferred from one shift to another and, within 48 hours of being notified of the transfer, works on the shift to which he has been transferred he shall be paid at overtime rates for all time worked on that shift during that 48 hours. (8) (a) Where afternoon or night shift is worked for the purpose of the periodic overhaul of particular plant or any other work that is carried out period- ically, and employees are transferred from their nor- mal rostered work to work on that overhaul or other work, the employer shall provide the employees with 12 hour shifts for the period of such overhaul or such other work. (b) An employee so transferred will be paid at overtime rates for each such shift worked by him un- less he is rostered to work five or more consecutive afternoon shifts or five or more consecutive night shifts on that overhaul or such other work; provided that the provisions of this paragraph do not affect any entitlements arising under subclause (7). (c) In calculating the number of consecutive after- noon or night shifts for the purpose of paragraph (b)- (i) afternoon shift or night shift worked on any Sunday shall be disregarded; and (ii) the sequence of shifts shall not be deemed to have been broken by the fact that a Sunday or public holiday falls within the period of shift work, whether or not work is per- formed on any such day. (9) (a) A shift worker employed on a four panel shift cycle of 28 days or multiple cycles of 28 days, who does not in the course of that roster work at least one third of his time on day shift shall be paid at the rate of time and one half for each afternoon or night shift worked by him during that 28 days. (b) This subclause does not apply to an employee if— (i) it would only otherwise apply because of a change of shift made by private arrange- ment between that employee and another; or (ii) the employee is employed on a roster to which the employer and the union or unions concerned have agreed that it shall not apply. (10) (a) An employee who, in any consecutive three weeks, does not work at least one week on day shift shall be paid at the rate of time and one half for each afternoon or night shift worked by him during those three weeks. (b) An emplyee who works for more than one week consecutively on afternoon shift shall be paid at the rate of time and one half for each afternoon shift worked in the consecutive second or subsequent weeks of afternoon shift. (c) An employee who works for more than one week consecutively on night shift shall be paid at the rate of time and one half for each night shift worked in the consecutive second or subsequent weeks of night shift. (d) This subclause does not apply to an employee to whom subclause (9) applies or to an employee if— (i) it would only otherwise apply because of a change of shift made by private arrange- ment between that employee and another; or (ii) the employee is employed on a roster to which the employer and the union or unions concerned have agreed that it shall not apply. (11) A roster showing the shifts to be worked and the commencing and finishing times of the ordinary hours of work on the respective shifts shall be posted on a notice board and a copy shall be supplied to the union or unions concerned. (12) (a) A day worker who, on any day is required to change from day work to shift work shall be al- lowed to cease work 10 hours prior to the commence- ment of shift work and— (i) his normal day work hours; and (ii) any overtime to which paragraph (b) of subclause (1) of Clause 10 applies, falling, in either case, within that 10 hour period, shall be paid for at ordinary or overtime rate as the case requires. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2453 (b) Time off duty allowed pursuant to paragraph (a) shall not be regarded as time worked for the pur- pose of computing overtime or other penalty rates. (13) The time of commencing and finishing shifts may be varied by agreement between the employer and the union or unions and employees concerned. (14) No employee may, by private arrangement with another employee change from a shift on which he is rostered to work unless that arrangement has been approved by the supervisors of those employees. (15) Time worked in excess of the ordinary hours of work shall be paid for at ordinary rates if it is due to private arrangement between the employees them- selves. (16) Where, in positions designated by the em- ployer, a shift worker is required, for the purpose of effecting a running changeover, to remain at his place of work beyond his rostered finishing time in order to hand over to the incoming shift, he shall be paid at overtime rates— (a) for not less than 15 minutes; and (b) for 30 minutes if required to so remain for more than 15 minutes. 12.—Holiday Work. (1) (a) Time worked on a public holiday by any em- ployee other than a continuous shift worker during hours which would have been ordinary hours of work for that worker had it not been a holiday shall be paid for at the rate of double time if it exceeds four hours and the employee shall, in addition, be allowed one day's leave with pay to be taken in conjunction with his next annual leave or paid for at ordinary rates if his service terminates before that annual leave is taken. _ (b) Subject to the provisions of paragraph (a), all time worked on a public holiday by such an employee shall be paid for at the rate of double time and one half. (2) All time worked by a continuous shift worker during the ordinary hours of work on a public holiday shall be paid for at the rate of double time, plus the appropriate shift allowance. (3) All time worked by a continuous shift worker outside ordinary hours of work on a public holiday shall be paid for at the rate of double time and one half, plus the appropriate shift allowance. (4) (a) A continuous shift worker shall be allowed a day's leave with pay for— (i) each occasion on which his rostered day off falls on a public holiday if he does not work on that day; and (ii) each public holiday in excess of five in any year for which he is rostered and which he works. (b) Leave accruing to an employee under para- graph (a) shall be taken in conjunction with his annual leave unless the employer and the employee agree that it be taken at some other time; provided that the employee may elect in writing to be paid for eight hours at his ordinary rate in lieu of taking the day's leave. (5) (a) Notwithstanding any other provisions of this award, an employee who is required to work for more than four hours during what would have been his normal hours of work on the day of the 25th December shall, in respect of that work only on that day, be paid at three times the ordinary rates for up to a maximum of eight hours at the treble time rate. (b) The provisions of this subclause shall, in the case of a power station operative only, be extended to a maximum payment of 12 hours at the treble time rate if prior to that day the department concerned has rostered such an employee to work a 12 hour shift on 25th December. (c) The provisions of paragraph (b) shall apply in like manner to a power station operative who is not relieved normally at the end of his shift on 25th December. 13.—Weekend Work. (1) All overtime worked on Saturday or Sunday shall be paid for at the rate of double time. (2) All time worked by continuous shift workers during the ordinary hours of work on Saturday shall be paid for at the rate of time and one half. (3) All time worked by continuous shift workers during the ordinary hours of work on Sunday shall be paid for at the rate of double time. (4) In addition to the rates hereinbefore prescribed shift workers shall be paid the extra rate prescribed in subclause (3) (a) of Clause 11 for each hour worked on Saturday or Sunday; provided that where work is done in ordinary hours on afternoon shift on those days, an extra rate of $1.70 and $1.80 respectively shall be substituted for the amounts prescribed in subclause (3) (a) of Clause 11. (5) The shift work allowances prescribed in subclause (4) of this clause shall be varied in accord- ance with General Orders of the Western Australian Industrial Commission made pursuant to section 51 of the Industrial Arbitration Act, 1979. 14.—Distant Work. (1) Where a married employee living with his fam- ily in the area of his employment is required to pro- ceed to another place of employment from which he cannot return to his home each night he shall be pro- vided with free board and lodging. (2) All time spent in travelling by direction of the employer shall be paid for at the appropriate rate. 15.—Time and Wages Record. (1) The employer shall make and keep a record or records showing— (a) the name and address and classification of each employee; (b) the starting and finishing time on each day; (c) the hours worked; (d) the wage and overtime (if any) paid; (e) the amount of fares and travelling time and other allowances paid; (f) the ages of junior employees; and (g) deductions. (2) The time and wages record shall be open for in- spection by a duly accredited official of the union during the usual office hours at the employer's office or other convenient place and he shall be allowed to take extracts therefrom. The employer's works shall be deemed to be a convenient place for the purpose of this subclause and if for any reason the record is not available at the works when the official calls to inspect it, it shall be made available for inspection within 12 hours either at the employer's office or at the works. (3) Any system of automatic recording by machines shall be deemed to be a record for the purpose of this clause. 16.—Payment of Wages. (1) Wages shall be paid fortnightly and shall, if the employee so requests, be paid into a bank account nominated by him but may otherwise, at the em- ployer's option, be paid cash or by cheque or, if the employee so agrees, into a nominated bank account so as to be available after midday on the day of pay- ment. (2) At or before the time at which the employee re- ceives his wages he shall be issued with a slip showing the gross amount of wages and allowances due to him, all deductions therefrom, the total number of hours worked by him, including the number of overtime hours and the rate at which such overtime has been paid. 2454 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (3) Any error in the compilation of an employee's pay shall, at his request, be adjusted within 48 hours of the time at which he makes that request. (4) All moneys due to an employee on the termin- ation of his employment shall be paid to him within one hour of his presenting his final clearance to the pay office unless he presents that clearance less than one hour before the normal time of closing of that office in which case such moneys shall be paid to him within one hour of the opening of that office on the following day. 17.—Special Rates and Provisions. (1) (a) Subject to the provisions of this subclause employees allocated to groups pursuant to paragraph (d) shall be paid a disabilities allowance as herein- after prescribed. (b) The allowance referred to in paragraph (a) is in compensation for all disabilities not otherwise specifically provided for in this clause. (c) The said allowance is— Cents per hour Group 1 52 Group II 41 Group III 32 (d) The allocation of employees to group level of entitlement is as specified in the Second Schedule to this award. (e) The allowance applicable to any employee shall be paid for each hour worked but shall not compound by overtime penalty rate or holiday or weekend shift premium addition. (f) Where a employee is temporarily engaged in work which would if he were regularly so engaged, en- title him to be allocated to a higher group than the one to which he has been allocated, he shall if en- gaged for two hours or more on such work on any day, be paid the higher rate for each hour so worked but this paragraph does not apply if the work in question has been taken into account in allocating the em- ployee to his ordinary group. (g) Tractor, front-end loader, grader, scraper or dozer driver/operators in non air-conditioned cabs shall whilst working at the mine, be paid 11 cents per hour for all hours worked, in addition to the rate pre- scribed in paragraph (c). (h) Tractor, front-end loader, grader, scraper or dozer driver/operators in non air-conditioned cabs shall whilst working on stockpiles over the load-out tunnels at the mine, be paid seven cents per hour in addition to the rates prescribed in paragraphs (c) and (g)- (i) Plant operators appointed as such, tractor, front-end loader, grader, scraper or dozer driver/operators in non air-conditioned cabs shall whilst working on and around the stockpile areas at Port Hedland be paid 11 cents per hour for all hours worked, in addition to the rate prescribed in para- graph (c). (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 em- ployee shall be paid 24 cents per hour, in ad- dition to the appropriate disability group al- lowance or any other allowance to which he may be entitled. (ii) This additional rate shall be paid to tradesmen and their assistants for work per- formed on the tasks as set out in the Third Schedule—Special Maintenance Rates or other employees engaged on cleaning or pre- paratory work prior to the performance of those tasks by tradesmen and their assist- ants. (2) Painting. (a) No surface painted with lead paint shall be rubbed down or scraped by a dry process. (b) No paint brush shall exceed five inches in width and no kalsomine brush shall exceed seven inches in width. (c) No employee shall be permitted to have a meal in any paint shop or place where paint is stored or used. (d) Lead paint shall not be applied by a spray to the interior of any building. (e) All employees (including apprentices) ap- plying paint by spraying shall be provided with full overalls and head coverings and respirators. (f) Water and soap shall be provided by the employer in each shop or on each job for the use of painters. (3) Grinding Facilities. The employer shall provide adequate facilities for employees to grind tools and employees shall be al- lowed time to use those facilities whenever reason- ably necessary. (4) The work of an electrical fitter shall not be tested by an employee of a lower grade. (5) An employee who is required to work from a ladder shall be provided with an assistant on the ground where it is necessary for the employee's safety. (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 $2.60 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 al- lowance to which he is entitled under any other subclause of this clause be paid $2.60 per day which 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 con- nected thereto. (7) (a) An employee who is required to use toxic substances or materials which, if used incorrectly are likely to constitute a health hazard, shall be informed by the employer of the hazards involved and instructed in the procedures which must be observed in the use of such substances or materials. (b) An employee using such substances or ma- terials shall be provided with and use any protective equipment prescribed or recommended by the Government Authority, and shall observe the re- quired procedures. Where no prescription or rec- ommendation has been made by the appropriate Government Authority the protective equipment to be supplied and used and the procedures to be fol- lowed shall be determined by agreement between the employer and the appropriate Union. (8) Protective Equipment. (a) The employer shall have available a suf- ficient supply of protective equipment (as for example helmets, hand screens, goggles (including anti-flash goggles), glasses, gloves, mitts, apron sleeves, leggings, gumboots, ear protectors, water-proof cloth- ing or other efficient substitute thereof) for use by his employees when engaged on work for which some protective equipment is reasonably necessary. It shall be a defence by the employer charged with a breach of 27th October, 1982,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE, 2455 this subclause if he proves that he was un- able to obtain either the item of equipment the subject of the charge or a suitable sub- stitute. (b) Every employee shall sign an acknowl- edgement on receipt of an article of protec- tive equipment and shall return same to the employer when he has finished using it or on leaving his employment. (c) No employee shall lend another employee any such article of protective equipment issued to such first mentioned employee and if the same are lent, both the lender and the borrower shall be held responsible. (d) Before helmets, goggles, glasses or gloves or any such substitute which have been used by an employee are reissued by the em- ployer to another employee, they shall be ef- fectively sterilised. (e) During the time any article of protective equipment or hand tool is on issue to the employee, he shall be responsible for any loss or damage thereto, fair wear and tear attributable to ordinary use excepted, but he shall not be responsible for any loss at- tributable to the employer's failure to pro- vide adequate lock-up facilities. (9) Safety Footwear. Each employee shall be issued free of charge with two pairs of safety footwear during each year of ser- vice; provided that— (a) a further pair or pairs of safety footwear shall be provided free of charge where the employee's supervisor is of the opinion that there are special circumstances which war- rant such action; and (b) an employee may purchase additional foot- wear for his own use at cost price to the em- ployer. (c) safety footwear shall be worn during all time of duty. (10) (a) Each employee shall be issued free of charge four sets of working attire during each year of service. (b) Working attire shall consist of— (i) shirt and shorts; or (ii) shirt and trousers; or (iii) overalls; or (iv) other appropriate working attire where the employee is a female. (c) The brand and quality of working attire shall be nominated by the employer. (d) It is the responsibility of employees to maintain and launder employer supplied clothing. (11) Hiab Hoist. (a) Subject to the provisions of paragraph (b) an employee who holds the appropriate certificate of competency and who is re- quired by the employer to operate a Hiab Hoist shall, in addition to any other en- titlement, be paid an allowance of $2.20 per week. (b) A motor vehicle driver who holds the appro- priate certificate of competency and who drives a vehicle equipped with a Hiab Hoist which he is required to operate shall, in ad- dition to any other entitlement, be paid an allowance of $6.00 per week. (c) The allowance prescribed above shall con- tinue to be paid as a flat rate weekly en- titlement to the employee unless and until he is advised by the employer that he is no longer required to operate the Hiab Hoist. (12) Electrical workers, other than Linesmen, who are required to work on high tension equipment on poles and above the ground shall be paid an allow- ance of $1.30 per day for each day or proportion of such day so worked. (13) Height Money. An employee shall be paid an allowance of $1.30 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) applies. (14) Centre Gudgeon Work on Shovels. Boilermakers and their Tradesmen's Assistants en- gaged on the preheating and welding of Centre Gudgeon Pin casings shall in addition to Group I dis- ability allowance be paid an extra half of ordinary time in addition to the appropriate rate. (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 $10.70 per week. (16) An electrical tradesman who, in addition to satisfactorily completing an apprenticeship to his trade or equivalent training holds by external exam- ination a current "A" or "B" License issued pursuant to the State Energy Commission Act shall be paid an allowance of $9.50 per week. (17) An allowance of 18 cents per hour shall be paid for all hours worked in the Concentrator Build- ing at the Mine by Production employees. This allow- ance shall be paid in addition to other disability al- lowances to which the worker is entitled, but shall not be compounded by overtime, penalty rates, hol- iday or weekend shift premiums. (18) Trademen's Assistants in the General Work- shop at Newman shall be paid in addition to any other allowance to which they may be entitled, an amount at the rate of 10 cents per hour whilst cleaning down the undersurface or deck of 60R Drills in the workshop preparatory to repair work being undertaken thereon. 18.—Service Payments. (1) Subject to the provisions of this clause, em- ployees (including Apprentices) shall, in addition to payments otherwise due under this award be paid service payments as follows— Per week $ After 3 months' continuous service 20.00 After 6 months' continuous service 24.50 After 12 months' continuous service 35.80 After 18 months' continuous service 39.40 After 2 years' continuous service 49.60 After 3 years' continuous service 52.10 After 4 years' continuous service 56.80 After 5 years' continuous service 62.60 After 6 years' continuous service 65.00 After 7 years' continuous service 68.00 (2) "Continuous Service" has the same meaning in this clause as it has in Clause 25.—Long Service Leave. (3) The payments prescribed in this clause are pay- able for the ordinary hours prescribed in Clause 9 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, pub- lic holidays, paid sick leave, paid special leave and long service leave. (4) For the purposes of this clause, an Apprentice (other than an Adult Apprentice appointed as such) shall be deemed to have commenced his service at the beginning of his final year of apprenticeship and not earlier. 21681—: 2456 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 19.—District Allowance. (1) Subject to the provisions of subclause (3) in ad- dition to the wages prescribed in the First Sched- ule—Wages in allowance shall be paid at the rates 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 Garnet Bay to the Northern Territory border—$14.00. (2) The above allowance covers a week, whether of five, six or seven days. For periods of less than five days, one-seventh of the above shall be payable for each day or part thereof; provided that an employee who has worked at least one-half of a week shall be given the benefit of Sunday in the calculation of dis- trict allowance. (3) An employee living in a mess or camp provided by the employer free of charge to the employee shall be paid half the rates prescribed in subclause (1) of this clause. 20.—Mixed Functions. (1) An employee engaged during ordinary hours and/or overtime on duties carrying a higher rate of pay than his ordinary classification shall be paid the higher rate for the time so engaged, but if so engaged for an aggregate of two hours or more he shall be paid the higher rate for the whole day or shift. (2) An employee is not entitled to payment for a period of crib relief pursuant to this clause where he acts in the capacity of crib relief on one occasion only on any one day, nor where the work on which he is engaged forms part of his normal daily or weekly duties. 21.—Travelling on Engagement and Termination. (1) The provisions of this clause apply only in re- spect to employment north of south latitude 26 de- grees. (2) In this clause "fare" includes the cost of transporting any tools owned by an employee and re- quired by him in his employment and in the case of a married employee travelling on engagement only, "fare" includes the cost of excess baggage up to a limit of 60 kilograms per family unit. (3) Subject to the provisions of this clause the fare of an employee from the place of engagement to any place of employment shall be paid by the employer and the employee shall be paid at ordinary rates for not more than eight hours in any day for time spent in travelling to the place of employment, including time occupied in waiting for transport connections, but if the employee uses a mode of travel not ap- proved by the employer, travelling time in excess of eight hours shall not be allowed unless the Com- mission determines otherwise. (4) The amount of the fare paid by the employer pursuant to subclause (3) may be deducted from the subsequent earnings of the employee concerned in not less than three pay periods. (5) If an employee completes six months' continu- ous service with the employer or is terminated before that time for reasons other than misconduct, any amount deducted by the employer from the em- ployee's wages pursuant to subclause (4), to the ex- tent that it does not exceed the cost of the fare from Perth to site, shall be refunded to the employee. (6) If an employee completes nine months' con- tinuous service with the employer or is terminated for reasons other than misconduct after completing six months, but less than nine months' continuous service, the balance of any amount deducted pursu- ant to subclause (4) shall be refunded to the em- ployee. (7) If an employee completes 12 months' continu- ous service with the employer and resigns or is ter- minated for any reason other than misconduct he shall be given his fare from site to Perth. (8) If an employee completes two years' continuous service with the employer and resigns or is dismissed he shall be given his fare from site to his original point of engagement within Australasia or to Perth if the employee so requests. (9) The provisions of subclauses (7) and (8) do not apply to an employee who abandons his employment. 22.—Transportation to and from Work. (1) It is the responsibility of all employees to en- sure that they are at their normal place of work ready to commence work prior to the designated commenc- ing time for any shift. (2) (a) The employer shall continue to provide the present means of transportation to and from work. Whilst employees continue to reasonably utilise this transportation they shall be permitted to do so at no cost to themselves. (b) The employer is under no obligation in respect of travelling costs for any employee who elects to travel to and from work in other than the transport provided pursuant to paragraph (a). (c) Such transportation will operate on designated routes and at designated times as promulgated by the employer after consultation with the represenatives of the unions concerned. (3) (a) Incoming Transport. When transportation provided pursuant to this clause runs late in delivering employees to their place of work, and that delay is one attributable to the em- ployer's obligation, the employees will not lose any ordinary time or penalty rate payment in respect of that lost time, if a reasonable effort has been made by the employees to obtain alternative transportation. (b) Outgoing Transport. In the event of a delay in excess of 15 minutes be- yond the scheduled departure time, the time delayed in excess of that 15 minutes will be paid for by the employer at ordinary time rates. In such circum- stances the time to be paid for will be to the next nearest quarter of a hour in favour of the employee. 23.—Annual Leave. (1) Except as hereinafter provided, a period of five consecutive weeks' leave with payment of wages as hereinafter prescribed, shall be allowed annually to an employee by the employer after a period of 12 months' continuous service with the employer. (2) (a) A seven day shift worker, i.e., a shift worker who is rostered to work regularly on Sundays and holidays shall be allowed one week's leave in addition to the leave to which he is otherwise entitled under this award. (b) An employee who completes a qualifying 12 monthly period and who, for part of that period, was engaged as a seven day shift worker, is, for each com- plete month that he was continuously so engaged, en- titled to 1/12 of a week in addition to the annual leave to which he is otherwise entitled under this award. (3) If a public holiday falls within an employee's period of annual leave and is observed on a day which, in the case of that employee, would have been an ordinary working day or, in the case of a seven day shift worker would have been a rostered day off, one day or shift being an ordinary working day or shift shall be added to that period of leave. (4) Time during which an employee is absent from work shall count for the purpose of determining his right to annual leave if and only if— (a) it is an absence during which he is entitled to pay under this award; or (b) it is an absence authorised by his union and approved by the employer; or (c) it is an absence during which he is entitled to payment under the Workers' Compen- sation Act, but absence of a kind referred to 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2457 in this paragraph, to the extent that it ex- ceeds 26 weeks in any qualifying 12 monthly period does not count for that purpose. (5) In special circumstances and by mutual consent of the employer, the employee and the union con- cerned, annual leave may be taken in not more than three periods but none of these periods shall be less than one week. (6) An employee whose employment terminates after he has completed a 12 monthly qualifying period and who has not been allowed the leave pre- scribed under this award in respect of that qualifying period shall be given payment in lieu of that leave in accordance with the provisions of this clause. (7) After one week's continuous service in any qualifying 12 monthly period, an employee whose employment terminates shall be paid for one fifty second of his annual leave entitlements in respect of each completed week of service in that qualifying period. (8) (a) Subject to the provisions of paragraph (b) an employee employed north of south Latitude 26° who desires to accumulate annual leave for a period of two years may do so if he so notifies the employer in writing prior to the commencement of the second 12 monthly qualifying period. Such notice, once given, may only be revoked with the consent of the employer. (b) The maximum amount of leave that may be ac- cumulated and carried forward under paragraph (a) is— (i) four weeks in the case of a continuous shift worker; and (ii) three weeks in any other case. (9) Annual leave shall be allowed and taken— (a) in the case of leave accumulated pursuant to subclause (8), within six months of the end of the second qualifying 12-monthly period; (b) in any other case, within six months of be- coming due; and (c) if an employee has completed six months' continuous service and requests six months' pro rata leave. (10) Subject to the provisions of subclause (9), where an employee gives the employer not less than four weeks' notice of the time at which he desires to take his leave he shall be allowed to take his leave at the time unless compelling reasons exist for requiring the employee to take his leave at some other time, in which case the employee shall be advised in writing of the reason for refusal of his request; provided that if the employer does not respond to the employee's application within 14 days of its receipt the employee shall be allowed to take the leave. (11) (a) The employer may allow annual leave to an employee before the right thereto has accrued due, but where leave is so allowed and taken a further period of annual leave shall not commence to accrue until the expiration of the qualifying 12-monthly period in respect of which annual leave has been so allowed. (b) Where leave has been allowed to and taken by an employee pursuant to paragraph (a) and the em- ployee's employment terminates before he completes the 12 months' continuous service in respect of which the leave was so allowed the employer may for each completed month of the qualifying 12-monthly period not served by the employee, deduct from any moneys owing to the employee upon the termination of his employment one-twelfth of the amount of wage paid to the employee on account of the annual leave. (c) Payment made for or in respect of any public holiday shall not, for the purpose of paragraph (b) be deemed to be part of the amount of wage paid on ac- count of the annual leave. (12) Annual leave shall be allowed and taken and except as otherwise provided in this clause payment shall not be made or accepted. (13) (a) Subject to paragraph (b), an employee who proceeds on annual leave shall be paid for the period of leave— (i) the wage he would have received for ordi- nary hours immediately prior to proceeding on leave; (ii) 25 per cent of that wage; and (iii) his service pay. (b) An employee who is a continuous shift worker immediately prior to proceeding on leave shall be paid for the period of leave— (i) the amount (including shift penalties and payment for the twenty first shift but not including service pay) which he would have earned by his roster for ordinary hours had he not been on leave; (ii) 20 per cent of the amount payable under subparagraph (i); and (iii) his service pay. (14) Payment in lieu of leave referred to in subclause (6) shall be at the rate prescribed in subclause (13), but shall, in all other cases, be at the rate prescribed in the First Schedule—Wages. (15) (a) An employee who proceeds on leave is en- titled to holiday travel assistance in accordance with and subject to the following provisions of this subclause, but only if his contract of employment continues after the leave is completed. (b) The provision of holiday travel assistance is conditional upon the employee declaring the pro- posed destination and that the benefits received by him are to be used solely for the purpose of bona fide travel expenses and that he will be leaving the area, (c) (i) Subject to paragraph (b) and to subparagraphs (ii) and (iii) of this para- graph, holiday travel assistance shall be paid not more than twice per year in an employee's second and subsequent years of continuous service. (ii) An employee with at least six months' ser- vice and less than 12 months' service who is allowed annual leave before the right thereto has accrued and who requests hol- iday travel assistance will be provided with such assistance in accordance with this subclause on one occasion only prior to his completion of 12 months' continu- ous service, and the employee will then be entitled to holiday travel assistance on one occasion only during his second year of continuous service. (iii) An employee, who is provided with travel assistance during the first 12 months' con- tinuous service in accordance with subparagraph (ii) and whose employment is terminated for any reason prior to the completion of 12 months' continuous ser- vice, shall refund to the employer the cost of such travel assistance, provided that where such refund is not made in part or in full before the employment terminates, the employer shall be entitled to deduct any amount owing under this subparagraph from any moneys due to the employee on his termination of employ- ment. (d) The entitlement to annual leave travel assist- ance is noncumulative and entitlements not taken in any year of service will be forfeited. (e) When an employee applies for holiday travel as- sistance to and from Perth the employer shall, at the time the employee proceeds on annual leave, provide the employee with an air ticket from site to Perth or 2458 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October 1982. where the employee elects to travel by a means other than air an amount not exceeding the cost of an econ- omy class air fare from site to Perth. (f) When an employee is returning from Perth to site after a period of annual leave the employer shall— (i) make available an air ticket at its Perth office to enable the employee to return to site; or (ii) where the employee returns to site by a means other than air it shall provide the em- ployee with payment of an amount not ex- ceeding the cost of an economy class air fare upon resumption of duty. (g) (i) Where an employee applies for holiday travel assistance to destinations other than Perth the travel assistance paid in respect of the employee will be subject to taxation and the amount shall, after tax, be not less than the equivalent of an econ- omy class return air fare to Perth. The amount of travel assistance so paid will then be shown on the employee's taxation group certificate. (ii) In respect of those employees who are provided with an economy class return air ticket to Perth or who travel by means other than air to or from Perth no taxation will be deducted nor will the amount involved be shown on the em- ployee's taxation group certificate. (h) An employee shall not be entitled to holiday travel assistance more than once in respect of any period of annual leave. (i) The minimum period of leave in respect of which travel assistance will be provided shall be one week. (j) Where an employee who has been granted travel assistance under this subclause in respect of a period of annual leave fails to resume work with the em- ployer upon the completion of that leave the em- ployer may deduct from any moneys due to the em- ployee the cost of such assistance in respect of both himself and his dependants unless the employer is satisfied that there are good and sufficient reasons which prevented the employee from so resuming. (k) Subject to paragraphs (c) and (d) of this subclause no employee shall be entitled to the ben- efits of holiday travel assistance until the completion of one year's continuous service and thereafter until the annual leave has been accrued. (16) (a) Subject to the provisions of this subclause an employee, who during a period of annual leave, is confined to his home or to hospital for five consecu- tive days or more as a result of personal sickness or injury is entitled to claim payment under Clause 26.—Sick Leave in lieu of payment for annual leave for all or part of the period of confinement. (b) A claim under paragraph (a)— (i) may be made if and only if the employee had, at the time of commencement of the confinement, an entitlement under Clause 26 to not less than eight hours sick leave; (ii) may not exceed the period of sick leave to which the employee was then entitled; (iii) shall be made within 14 days of the em- ployee resuming work after his leave; (iv) shall be supported by a certificate from a qualified medical practitioner as to the sick- ness or injury and the necessity for such confinement; and (v) shall, if the foregoing conditions are satis- fied be granted unless the sickness or injury arose from the employee's own wilful de- fault. (c) Where a employee is paid for a period of con- finement under this subclause, he is entitled to a period of annual leave equivalent to the ordinary hours so paid for which shall be taken in conjunction with his next annual leave or paid for if his service ends before that leave is taken. (17) Where an employee has relieved in a higher classification than his ordinary classification for a period of six weeks or more and that period ends one week or less before the employee commences annual leave he shall be paid for the period of annual leave at the higher rate. (18) The provisions of this clause do not apply to casual employees. 24.—Public Holidays. (1) Subject to the provisions of Clauses 10 and 12 of this award and to those of this clause, the following days or the days observed in lieu thereof shall be al- lowed as holidays without loss of pay namely, New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Christmas Day, Boxing Day, Port Hedland Cup Day and Newman Cup Day; provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause. (2) When any of the days mentioned in subclause (1) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case, the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. (3) Any employee who absents himself from work on the working day following a day observed as a hol- iday pursuant to this clause is not entitled to pay- ment for the holiday unless he satisfies the employer that he had a reasonable excuse for his absence. (4) (a) No employee, other than a continuous shift worker, shall be compelled to work on a day observed as a holiday pursuant to this clause unless he is re- quired for the provision of services which are essen- tial services. (b) Notwithstanding the provisions of this award contained elsewhere, the employer shall not require normal work to be performed on Christmas Day (25th December) and that day shall be observed as a day off work by all employees other than those re- quired for essential services or for the comfort of the community, and Boxing Day (26th December), shall also be observed as a day off work by all employees other than those required for essential service or for the comfort of the community and those continuous shift workers who are required for a holding position for a continuous process and those required to work to bring about a resumption of normal work. (5) The provisions of this clause do not apply to casual employees. 25.—Long Service Leave. (1) Right to Leave: An employee shall, as herein provided, be entitled to leave with pay in respect of long service. (2) Long Service: The long service which shall entitle an employee to such leave shall subject as herein provided, be con- tinuous service with one and the same employer. (3) Such service shall include all continuous service irrespective of age. (4) (a) Where a business is transmitted from an employer (herein called "the Transmittor") to another employer (herein called "the Transmittee") and an employee who at the time of such transmission is an employee of the transmittor in that business becomes an employee of the transmittee, the period of continuous service which 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2459 the employee has had with the transmitter (including any such service with any prior transmitter) shall be deemed to be service of the employee with the transmittee. (b) In this subclause "transmission" includes transfer, conveyance, assignment or succession whether voluntary or by operation of law or by agree- ment and "transmitted" has a corresponding mean- ing. (5) Such service shall include— (a) any period of absence from duty on any annual leave; (b) any period during which an employee is stood down; (c) any period of absence from duty necessi- tated by sickness of, or injury to the em- ployee, but only to the extent of 26 weeks in any year of his employment; (d) any period following any termination of the employment by the employer if such termin- ation has been made merely with the intention of avoiding obligations hereunder in respect of Long Service Leave or obli- gations under any award in respect of annual leave; (e) any period during which the service of the employee was or is interrupted by service— (i) as a member of the Naval, Military or Air Forces of the Commonwealth of Australia other than as a member of the Permanent Forces of the Com- monwealth of Australia except in the circumstances referred to in Section 31 (2) of the Defence Act, 1903-1956; (ii) in any of the Armed Forces under the National Service Act, 1951 (as amended); provided that the employee as soon as reasonably practicable on the completion of any such service resumed or resumes em- ployment with the employer by whom he was employed immediately before the com- mencement of such service. (6) Service shall be deemed to be continuous notwithstanding— (a) the transmission of a business as referred to in subclause (4); (b) any interruption of a class referred to in subclause (5) irrespective of the duration thereof: (c) any absence from duty authorised by the employer; (d) any standing down of an employee in ac- cordance with the provisions of an award, industrial agreement, order or determi- nation either Commonwealth or State Law; (e) any absence from duty arising directly or in- directly from an industrial dispute if the employee returns to work in accordance with the terms of settlement of the dispute; (f) any termination of the employment by the employer on any ground other than slack- ness of trade if the employee be re-employed by the same employer within a period not exceeding two months from the date of such termination; (g) any termination of the employment by the employer on the ground of slackness of trade if the employee is re-employed by the same employer within a period of not exceeding six months from the date of such termin- ation; (h) any reasonable absence of the employee on legitimate union business in respect of which he has requested and been refused leave: (i) any absence from duty after the date of this award by reason of any cause not specified in this clause unless the employer, during the absence or within 14 days of the termin- ation of the absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service, which notice may be given by delivery to the employee personally or by posting it by registered mail to his last recorded address, in which case it shall be deemed to have reached him in due course of post; (j) any absence from duty before the date of this award of a kind referred to in paragraph (i) unless the employer gave the notice referred to in that paragraph within the time and in the manner referred to in that paragraph; provided that the period of absence from duty or the period of an interrruption referred to in paragraphs (c) to (j) inclusive shall not, except as set out in subclause (5), count as service. (7) Subject to the provisions of this subclause, the leave to which an employee is entitled or deemed to be entitled is 1.3 weeks for each 12 months' continu- ous service; provided that— (a) no entitlement arises or is deemed to arise until the employee has completed five years continuous service; (b) leave may be taken in more than one period but— (i) each period shall be in complete weeks; (ii) except in special circumstances ap- proved by the employer no period shall be less than one week; and (iii) the 13 weeks leave which accrues in 10 years' continuous service shall be taken in not more than four periods. (8) Leave taken pursuant to subclause (7) counts as service for long service leave purposes. (9) An employee who completes 10 years' continu- ous service and remains in the service of the em- ployer shall, for the purpose of accruing further en- titlement to leave under this clause, be deemed to have commenced a new period of engagement on the day following the completion of that 10 years' service. (10) Where an employee is entitled to leave under the preceding provisions of this clause and his em- ployment is terminated— (a) by his death; or (b) by the employer for any reason other than serious misconduct; or (c) by the employee; he shall be deemed to have commenced that leave immediately prior to such termination. (11) An employee who proceeds on or is deemed to have commenced long service leave shall be paid for the period of the leave the wage prescribed in the First Schedule—Wages and applicable to him im- mediately prior to the commencement of the leave together with such service pay as applies to him under Clause 18, and an employee who resumes em- ployment with the same employer immediately fol- lowing that leave shall then be paid a loading of 20 per cent of the ordinary wage prescribed in the First Schedule—Wages for the period of leave. (12) Taking Leave: (a) Leave shall be granted and taken as soon as reasonably practicable after the right thereto accrues due or at such time or times as may be agreed between the employer and the employee or in the absence of such agreement at such time or times as may be determined by the Special Board of Reference, having regard to the needs of the employer's establishment and the em- ployee's circumstances. 2460 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. (b) Except where the time for taking leave is agreed to by the employer and the employee or determined by the Special Board of Reference the employer shall give to an em- ployee at least on month's notice of the date from which his leave is to be taken. (c) Any leave shall include any public holidays specified in this award occurring during the period when the leave is taken but shall not include any annual leave. (13) Subject to the provisions of subclause (11) payment for long service leave shall be made in one of the following ways— (a) in full before the employee goes on leave; (b) at the same time as his wages would have been paid to him if the employee had re- mained at work, in which case payment shall, if the employee in writing so requires, be made by cheque posted to an address specified by the employee; or (c) in any other way agreed between the em- ployer and the employee. (14) No employee shall during any period when he is on leave engage in any employment for hire, or re- ward in substitution for the employment from which he is on leave, and if an employee breaches this pro- vision he shall thereupon forfeit his right to leave hereunder in respect of the unexpired period of leave upon which he has entered, and the employer shall be entitled to withold any further payment in respect of the period and to reclaim any payments already made on account of such period of leave. (15) In the event of the death of an employee after that employee has become entitled to long service leave but before that leave has been taken or fully taken any moneys due to that employee pursuant to subclause (11) which, at the time of death, had not been paid to him shall, at the request of the personal representative of that employee be paid to that per- sonal representative. (16) In a case to which paragraph (b) or (c) of subclause (10) applies any moneys due to the em- ployee pursuant to subclause (11) which have not been paid to him shall be paid to him upon that ter- mination. (17) Granting Leave in Advance: (a) The employer may by agreement with an employee allow leave to such an employee before the right thereto has accrued due, but where leave is taken in such case the em- ployee shall not become entitled to any further leave hereunder in respect of any period until after the expiration of the period in respect of which such leave had been taken before it accrued due. (b) Where leave has been granted to an em- ployee pursuant to the preceding paragraph before the right thereto has accrued due, and the employment subsequently is ter- minated, the employer may deduct from whatever remuneration is payable upon the termination of the employment such amount as represents payment for any period for which the employee has been granted long service leave to which he was not at the date of termination of his employ- ment or prior thereto entitled. (18) Records to be kept: (a) The employer shall, during the employment and for a period of 12 months thereafter, or in the case of termination by death of the employee for a period of three years there- after, keep a record from which can be readily ascertained the name of such em- ployee and his occupation, the date of the commencement of his employment and his entitlement to long service leave and any leave which may have been granted to him or in respect of which payment may have been made hereunder. (b) Such records shall be open for inspection in the manner and circumstances prescribed by this award with respect to the time and wages record. (19) Special Board of Reference: (a) There shall be constituted a Special Board of Reference for the purpose hereof to which all . disputes and matters arising hereunder shall be referred and the Board shall deter- mine all such disputes and matters. (b) There shall be assigned to such Board the function of— (i) the settlement of disputes on any matters arising hereunder; (ii) the determination of such matters as are specifically assigned to it hereunder. (c) The Special Board of Reference shall consist of one representative or substitute therefore nominated from time to time by the em- ployer and one representative or substitute nominated from time to time by the Trades and Labour Council of Western Australia together with a chairman to be mutually agreed upon by the employer and the Trades and Labour Council of Western Aus- tralia. (23) Exemptions: The Special Board of Reference may, subject to such conditions as it thinks fit, exempt the employer from the provisions hereof in respect of its employees where there is an existing or prospective long service scheme which, in its opinion is, viewed as a whole, more favourable for the whole of the employees of that employer than the provisions hereof. 26.—Sick Leave. (1) (a) Subject to the provisions of this clause an employee is entitled to payment for non-attendance on the grounds of personal ill health— (i) for not more than 60 ordinary hours during his first year of service; and (ii) for not more than 80 such hours in his sec- ond and each subsequent year of service. (b) The entitlement prescribed in paragraph (a) shall accrue on a pro rata basis for each completed month of service and shall be entered on the em- ployee's personnel record. (c) Payment for all sick leave (including payment for such leave on the 21st shift) shall be at the rate prescribed in the First Schedule—Wages plus service pay and district allowance. (2) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been al- lowed to any employee by the employer as paid sick leave may be claimed by the employee and subject to the conditions prescribed in this clause, shall be al- lowed by the employer in any subsequent year with- out diminution of the sick leave prescribed in respect of that year. (3) Where an employee, upon the completion of his apprenticeship, continues in employment with the employer to whom he was apprenticed, any sick leave standing to his credit immediately prior to the completion of the apprenticeship shall be deemed to be sick leave accumulated pursuant to subclause (2) of this clause. (4) An employee is not entitled to receive any wages from the employer for any time lost as a result of an accident wherever sustained arising out of his own wilful default or for sickness arising out of his own wilful default. 27th October, 1982.J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2461 (5) The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner or sister in charge of the medical centre dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require; provided that the employee shall not be required to produce a certificate from a medical practitioner or sister in charge of the medical centre with respect to absences of two days or less unless after two such absneces in any anniversary year of service the employer requests in writing that the next and subsequent absences in that year, if any, shall be accompanied by such certificate. (6) Where an employee fails, without reasonable excuse, to comply with the requirement of subclause (9) of Clause 5 the employer may withhold payment under this clause. (7) (a) An employee whose employment ends after the beginning of the first pay period in November, 1977 for any reason other than his dismissal for mis- conduct shall be paid at the rate prescribed in the First Schedule—Wages— (i) for 50 per cent of his accrued but unused en- titlements under this clause if he has no more than six months' continuous service; (ii) for 100 per cent of so much of the accrued but unused entitlement standing to his credit at the beginning of that pay period as has not been taken as sick leave between that time and the date his employment ends if he has more than six months' continuous service. (b) Where an employee uses up sick leave credits accrued prior to the first pay period in November 1977 any subsequent accrual of sick leave credits which is unused at the time of termination may be used to restore the entitlement pursuant to para- graph (a), but only to the extent of the credit which applied at the first pay period in November 1977. (8) Sickness and Accident Scheme. (a) Subject to the provisions of this clause an employee is entitled to claim benefits under a non-contributory Sickness and Accident Scheme. (b) An employee shall be required to exhaust all accrued sick leave credits before being en- titled to claim benefits under this subclause. (c) Where an employee is unable to attend work on the grounds of personal ill health, and such ill health has resulted in non-attend- ance at work for a period of seven calendar days or more in excess of the employee's ac- crued sick leave entitlements, he may claim benefits under this subclause, payable from the time at which sick leave accumulation was exhausted. (d) The employer reserves the right to require any employee claiming benefits under this subclause to undergo a medical examin- ation, at the expense of the employer, by a doctor mutually agreed upon between the employer and the employee concerned. (e) Benefits payable under this subclause shall be: (i) in the event of personal ill health necessitating non-attendance at work, the amount of $234.00 per week or the wage specified for the em- ployee's classification in subclause (1) of the First Schedule—Wages, which- ever is the higher. (ii) in the event of personal ill health where the employee returns to work but is reclassified to a classification attracting a lower rate of pay, the dif- ference between his new classification and the wages specified for his classi- fication immediately prior to the ill- ness occurring and as specified in subclause (1) of the First Sched- ule—Wages. (f) In addition to benefits that may be payable under paragraph (e), the following lump sum payments shall be made: (i) Accidental death, where the em- ployee is not a member of the Mt Newman Employees' Provident Fund—the sum of $28 875. (ii) Loss of two limbs or two eyes or an eye and a limb—the sum of $15 000. (iii) Loss of one eye or one limb—the sum of $7 500. (iv) Loss of one thumb and one index finger—the sum of $1 500. (g) The amount of $234.00 specified in para- graph (e) shall move in accordance with General Orders of the Western Australian Industrial Commission made pursuant to section 51 of the Industrial Arbitration Act, 1979. (h) The maximum benefit payable under para- graph (e) shall be: (a) in the case of sickness, for a period of not more than 52 weeks; (b) in the case of an accident, for a period of not more than 104 weeks. (i) Junior employees and apprentices shall re- ceive a percentage of the benefits payable under paragraph (e) in the same proportion as the appropriate percentage contained in subclauses (6) and (10) respectively of the First Sechedule—Wages bears to the appro- priate adult employee's or tradesman's rate appearing in subclause (1) of the First Schedule—W ages. (j) An employee shall not be eligible to claim benefits both under this subclause and under the benefits provided in the Mt. Newman Employees' Provident Fund. (k) An employee who is not a member of the Mt. Newman Employees' Provident Fund shall be eligible to claim benefits under this subclause except that an employee who is eligible to join the aforementioned Fund but has not exercised his option shall not be en- titled to benefits prescribed in subparagraph (i) of paragraph (f). (9) This clause does not apply in respect of any time for which the employee is entitled to compen- sation under the Workers' Compensation Act. (10) The provisions of this clause do not apply to casual employees. 27.—Special Leave. The intent of this clause is to make available to employees all possible co-operation by the employer to facilitate wben necessary a prompt approval and departure from site. Where extenuating circum- stances make approval not possible at that time, the employee should make arrangements to notify in writing, or through another person, his immediate supervisor, but such leave will be subject to final approval by the employee's departmental head. (1) Where an employee requires special leave the following shall apply— (a) In the event of a family bereavement, acci- dent or serious illness, the employee should make application to his immediate super- visor. The supervisor shall contact the em- ployee's departmental head for approval. Such approval shall not be unreasonably withheld. 2462 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 127th October, 1982. (b) Arrangements will be made through the Personnel Department to facilitate the de- parture of the employee from site. (c) In other circumstances the above procedure shall apply, and subject to the merits of the case, arrangements shall be made as soon as possible. (d) In circumstances where there is some doubt as to the authenticity of the claim, the em- ployer is entitled to require the employee to provide satisfactory proof to substantiate it and in the event of disagreement, the matter shall be determined by the Commission. Where an employee suffers a family be- reavement, the employer shall provide him with five days' paid leave in addition to any unpaid special leave that may be agreed upon. (2) (a) Where, on the recommendation of a medical practitioner or, as the case may be, the sister in charge of medical services, an employee's spouse or child leaves the site for the purpose of obtaining specialist medical treatment and the employee is, as a consequence, unable to attend work, he is entitled, subject to the provisions of this clause to special leave without loss of pay for not more than five days in any anniversary year of employment. (b) Where, in the event of the illness of or accident to an employee's spouse it is necessary for the em- ployee to be absent from work for the purpose of caring for the employee's spouse or child on site he may, subject to the provisions of this clause, use for that purpose any unused part of the leave prescribed in paragraph (a), up to a maximum of two days, but the leave allowable under that paragraph is corre- spondingly reduced by any leave taken pursuant to this paragraph. (3) Before becoming entitled to payment under subclause (2) the employee shall produce proof satis- factory to his employer of the necessity for his absence from work. (4) In this clause "spouse" means husband or wife and includes de facto husband or wife. (5) Notwithstanding the foregoing provisions of this clause these provisions do not apply when an em- ployee is absent from work on Workers' Compen- sation or on paid leave under any other clause of this award. (6) The provisions of this clause do not apply to casual employees. 28.—Union Officials. (1) A duly accredited full-time official of a union party to this award may enter the employer's prop- erty and premises at any time but shall not, without the permission of the Industrial Relations Officer or, where that officer is unavailable, another appropriate representative of the employer, interview workers during their working hours. (2) The employer undertakes to facilitate and ar- range for accommodation at his premises for visiting full-time officials of those unions if prior notice of intention to visit is given to the employer. 29.—Utilisation of Contractors. (1) (a) When it is necessary for the employer to re- tain the services of a contractor to perform work that would otherwise be or is normal to be performed by employees covered by this award, and that work is then to be performed on a "side by side" basis by such employees and by employees of the contractor, the employer shall give prior notice of that fact to the union or unions concerned. (b) A "side by side" basis shall mean that those employees and employees having similar expertise are working together on the same work in the same work section, location and locale. (c) No employee to whom this award applies shall suffer any detrimental effect in respect of his normal earnings, job security or available reasonable hours of work by reason of the employment of contractors' employees in such circumstances. (2) No employee to whom this award applies shall be retrenched because of the employment of contrac- tors. (3) The provisions of this clause shall not act in a manner prejudicial to the employer's operations in the event of an emergency circumstance arising e.g. railway wash-away or substantial mechanical failure to plant or equipment beyond the normal and im- mediate manning resources of the employer. 30.—Posting of Notices. (1) The employer shall keep a copy of this award posted in a place where it may readily and con- veniently be seen by the employees to whom it applies. (2) The employer shall provide glass fronted notice boards at suitable locations for the posting of union notices and may remove any notice which is not signed by an official of a union party to this award or by a shop steward of any such union. 31.—Redundancy. (1) The provisions of this clause apply in the event of the employer making any employee redundant. (2) For the purpose of this clause an employee shall be deemed to have been made redundant if his em- ployment is to be terminated because he has become surplus to requirements owing to technological change, merger, takeover or re-organisation of work or production methods or procedures or to market conditions, but not if he is to be terminated for mis- conduct or unsatisfactory service, nor if he is offered but fails to accept appropriate alternative employ- ment within the Company. (3) (a) Before an employee is retrenched by reason of redundancy the employer will give written notice of that intention to the State Secretary of the Union concerned. (b) Any such notification shall state the reasons for the intended action, the numbers and classifications of employees likely to be involved, and the proposed order of terminations if this be appropriate to the circumstances. (4) (a) Individual employees who are then likely to be made redundant will be advised in writing by the employer. (b) Following such a notice each employee con- cerned will continue on his present duties or, as may be deemed appropriate, will be allocated other duties without reduction of wages until either he is reclassified or found other alternative employment (including external to the employer) or any sub- sequent final notice of termination is issued and has expired. (c) The maximum amount of possible notice shall be given to all employees to be dismissed but in any case, employees shall receive at least three months' notice but pay in lieu thereof shall not be paid where the employee resigns prior to the expiration of that notice. (d) Voluntary redundancies shall be allowed first when there are redundancies imminent in any classi- fication; provided that this paragraph only applies if a suitable replacement for that voluntarily vacated position is available with the necessary competence, training and skills. (e) The employer in selecting employees to be relocated or retrenched shall consider, all things being equal:— (i) the length of service within the employee's classification in the case of tradesmen or FEDFU classifications; and 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2463 (ii) the length of service with the employer and the employee's competence to perform in the other classification where transfer is involved. (f) When assessing the term "all things being equal" the employer shall consider the following fac- tors: (i) qualification and other experience; (ii) suitability for other employment; (iii) availability of housing or other accommo- dation; (iv) domestic or other compassionate factors; (v) attendance record; (vi) general work performance; and (vii) the policies of the appropriate unions. (g) The employer and the unions shall discuss in detail, with the intention of reaching agreement, how the procedures provided in paragraphs (e) and (f) are to apply. (5) (a) Sufficient time off work with payment of or- dinary wages will be granted to any such employee for the purposes of attending an employment interview at Newman or Port Hedland with a rep- resentative of other employers. (b) Time off work without payment of wages will be allowed to a maximum of five days to any em- ployee wishing to attend an employment interview with another employer away from site. (6) Retrenched employees shall be entitled to the following benefits: (a) (i) One hundred and sixty hours pay, plus one week's pay (including service pay) for each complete year of service, (ii) Payment, at the rate prescribed in the First Schedule—Wages, for any sick leave accrued in respect of service after 1st June, 1982 and unused at the date of retrenchment. (b) All pro rata payments due to the employee on termination in accordance with this award, provided that employees with less than five years' continuous service shall also be entitled to pro rata long service leave upon completion of 12 months' continuous service. (c) (i) Transportation for the employee and his dependants and personal effects back to the original place of engage- ment within Australasia or Perth or to the new place of employment within Australia with another employer. (ii) If the employee elects to travel by- means other than those provided by the employer, the employer shall reimburse the employee up to the equivalent cost of economy class air fares to which he and his dependants are entitled. (iii) The payments specified herein shall not be made if the employee's new em- ployer accepts the transportation costs of relocation of the employee and/or his dependants. (d) Subject to subclause (2) and subclause (4)(c), any employee who has been advised of an impending dismissal pursuant to this clause and who subsequently resigns prior to the expiration of the notice given, shall be entitled to the full benefits of this subclause. (7) Preference for employment will be given to em- ployees made redundant pursuant to this clause who on termination, indicated their willingness to be re- employed, in a classification appropriate to their training and capacity. Arrangements for the above will be made in consultation with the Unions. 32.—Cyclone Stand-by. (1) Notwithstanding the provisions of this award contained elsewhere than in this clause but subject to the provisions of this clause, where a stand-by occurs due to a cyclone each employee who— (a) at the commencement of the cyclone period reports for and remains at work until otherwise directed by the employer; and (b) following the "all clear" resumes duty in ac- cordance with the direction of the employer, shall be paid for his normal rostered ordinary and overtime hours occurring during the stand-by. (2) An employee who on any day during the cyclone stand-by— (a) is required for work and is requested to do so by his employer; and (b) is not willing or available to work when so requested, is not entitled to payment for that day. (3) An employee who is called out to work on re- quired to stay at work during a cyclone stand-by shall be paid half ordinary time in addition to the rate otherwise payable. (4) After the "all clear" has been given each em- ployee shall be notified by the employer of— (a) the time at which normal operations are to resume; and (b) the time at which he is to resume work; and an employee who does not present himself for work at the time referred to in paragraph (b) is, in re- spect of that day, only entitled to payment for time worked by him. (5) Where on the day following the resumption of normal operations or on any subsequent day, an em- ployee cannot, because of damage caused to the oper- ations by the cyclone, be usefully employed, he is not entitled to payment for that day unless and to the ex- tent that the employer and the union or unions con- cerned so agree. 33.—Daylight Saving. (1) Notwithstanding anything contained elsewhere in this award, where by reason of legislation of the State Parliament "summer time" is prescribed as being in advance of standard time for this State, the length of any shift— (a) commencing before the time prescribed by the relevant legislation for the commence- ment of a summer time period; and (b) commencing on or before the time pre- scribed by such legislation for the termin- ation of a summer time period; shall be deemed to be the number of hours rep- resented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the relevant State legislation. (2) In this clause the expressions "standard time" and "summer time" shall bear the same meaning as are prescribed by the relevant State legislation. 34.—Maternity Leave. (1) Eligibility for Maternity Leave. An employee who becomes pregnant shall, upon production to the employer of a certificate from a duly qualified medical practitioner stating the pre- sumed date of her confinement, be entitled to ma- ternity leave provided that she has had not less than 12 months' continuous service with the employer im- mediately preceding the date upon which she pro- ceeds upon such leave. For the purposes of this clause: (a) An employee shall include a part-time em- ployee but shall not include an employee en- gaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid ma- ternity leave. 2464 WESTERN AUSTRALIAN 1N D U ST RIA L G A Z ETT E. [27th October, 1982. (2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an un- broken period of from 12 to 52 weeks and shall include a period of six weeks' compul- sory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in wirting to the employer stating the presumed date of confinement. (c) An employee shall give not less than four weeks' notice in writing to the employer of the date upon which she proposes to com- mence maternity leave, stating the period of leave to be taken. (d) An employee shall not be in breach of this clause as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date. (3) Transfer to a Safe Job. Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the preg- nancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her persent work, the employee shall, if the employer deems it practicable, be transfereed to a safe job at the rate and on the conditions at- taching to that job until the commencement of ma- ternity leave. If the transfer to a safe job is not practicable, the employee may, or the employer may require the em- ployee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of Period of Maternity Leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than fourteen days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity leave. (a) Maternity leave, applied for but not com- menced, shall be cancelled when the preg- nancy of an employee terminates other than by the birth of a living child. (b) Where the pregnancy of an employee than on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of no- tice in writing by the employee to the em- ployer that she desires to resume work. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly quali- fied medical practitioner certifies as necessary before her return to work. (b) Where an employee not then on maternity leave suffers illness related to her preg- nancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) An employee returning to work after the completion of a period of leave taken pursu- ant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave, or in the case of an employee who was transferred to a safe job pursuant to subclause (3) to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly compar- able in status and wage to that of her former position. (7) Maternity Leave and Other Leave En- titlements. Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks: (a) An employee may, in lieu of or in conjunc- tion with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) shall not be available to an employee during her absence on ma- ternity leave. (8) Effect of Maternity Leave on Employment. Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of the award. (9) Termination of Employment. (a) An employee on maternity leave may ter- minate her employment at any time during the period of leave by notice given in accord- ance with this award. (b) The employer shall not terminate the em- ployment of an employee on the ground of her pregnancy or of her absence on ma- ternity leave, but otherwise the rights of the employer in relation to termination of em- ployment are not hereby affected. (10) Return to Work After Maternity Leave. (a) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of ma- ternity leave. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2465 (b) An employee, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on ma- ternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly compar- able in status and wage to that of her former position. (11) Replacement Employees. (a) A replacement employee is an employee specifically engaged as a result of an em- ployee proceeding on maternity leave. (b) Before the employer engages a replacement employee under this subclause, the em- ployer shall inform that person of the tem- porary nature of the employment and of the rights of the employee who is being re- placed. (c) Before the employer engages a person to re- place an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring the employer to engage a replacement employee. (e) A replacement employee shall not be en- titled to any of the rights conferred by this clause except where her employment con- tinues beyond the twelve months qualifying period. (12) An employee who, during any period of maternity leave resides in accommodation provided or subsidised by the employer shall not, in respect of such periods, be entitled to any subsidy for accom- modation, board, lodging or services incidental thereto. 35.—Definitions. (1) In this award, unless a contrary intention is ap- parent from the context— "clause" means a clause of this award, "subclause" means a subclause of the clause or as the case may be, the schedule, in which it appears and "paragraph" and "subparagraph" have a corresponding meaning; "employer" means the Company party to this award; "ordinary hours" means the hours prescribed in or pursuant to Clause 9 of this award; "public holiday" means a day observed as a holiday pursuant to this award; "week" means— (a) in the case of a day worker or shift worker, the time span in which the 40 ordinary hours of work would fall; and (b) in the case of a continuous shift worker, the time span in which five ordinary time rostered shifts would fall or seven consecutive days, which- ever is the lesser. (2) Metal and Electrical Trades. (a) General Engineering— "Tradesman" means an employee who in the course of his employment works from drawings or prints, or makes precision measurements or applies general trade experience, but does not include an apprentice. "First-Class Machinist" means a tradesman who is engaged in setting up or in setting up and operating the following machines: lathe, boring machine, milling machine, planing machine, shaping machine, slotting machine and grinding machine. "Automotive Electrical Fitter" means an employee engaged in the manufacture and repair of the starting, lighting and ignition equipment of motor vehicles (including motor cycles). "Instrument Maker and/or Repairer" means an adult employee who is re- quired to test, repair, build or design electrical or mechanical measuring and/or recording appliances and/or instruments and carry out exper- iments on same in a workshop or laboratory. (b) Electrical— "Electrical Fitter" means an employee en- gaged in making, repairing, altering, assembling, testing, winding or wiring electrical machines, instruments, meters or other apparatus, other than wires leading thereto, but an em- ployee shall not be deemed to be an Electrical Fitter— (i) solely by reason of the fact that his work consists of placing electrodes in "neon" tubes sealed by him; or (ii) if he is employed as a meter tester. "Electrical Installer" means an employee engaged in the installation of electric lighting, electric meters, bells, tele- phones or motors and apparatus used in connection therewith and includes an employee engaged in running, re- pairing or testing of conductors used for lighting, heating or power pur- poses but does not include an em- ployee who is a linesman or a meter fixer. "Electrician—Special Class" means, sub- ject to paragraph (iii) hereunder, an electrical fitter or electrical installer who— (i) (aa) has satisfactorily com- pleted a prescribed post trade course in industrial electronics; or (bb) has, whether through practical experience or otherwise achieved a stan- dard of knowledge com- parable to that which would be achieved under subparagraph (aa) hereof; and (ii) (aa) is engaged on work on or in connection with compli- cated or intricate circuitry which work requires for its performance the standard of knowledge referred to in paragraph (i) hereof; and (bb) is able, where necessary and practicable, to per- form such work without supervision and by the use WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. of complicated schematic diagrams to examine, di- agnose, modify, correct, test and install systems comprising complicated or intricate interconnecting circuits, but does not in- clude such an employee unless the work on which he is engaged requires for its performance knowl- edge in excess of that gained by the satisfactory completion of the appro- priate Technical College trade course. (iii) For the purpose of this award, an employee shall be deemed to be an Electrician—Special Class, only for the time during which he meets the foregoing conditions, unless— (aa) that time exceeds two days per week; or (bb) in the opinion of the employer, or in the event of disagreement, in the opinion of the Board of Reference that time is likely during the course of his employ- ment to exceed two days per week on average, in which case he shall be classified as Elec- trician—Special Class for as long as his em- ployment continues on either of those bases. (iv) In the event of disagreement as to the implementation of the "Electrician—Special Class" provision a Board of Reference shall determine the matter. (v) For the purpose of this defi- nition the following courses are deemed to be prescribed post trade courses in industrial electronics— (aa) Post Trade Industrial Electronics Course of N.S.W. Department of Technical Education, (bb) The industrial Elec- tronics Course (Grades 1 and 2) as approved by the Education Depart- ment of Victoria, (cc) The Industrial Elec- tronics Course of the South Australian School of Electrical Tech- nology. (dd) Industrial Electronics (Course "C") of the De- partment of Education, Queensland. (ee) The Industrial Elec- tronics Course of the Technical Education Department of Tasmania. (ff) The Certificate of In- dustrial Electronics of the Technical Edu- cation Division, Edu- cation Department of Western Australia. 'Electronics Tradesman Grade I" means an employee who— (i) (aa) has satisfactorily com- pleted Stage I and Stage II of a prescribed post trade course in industrial elec- tronics; or (bb) has, whether through practical experience or otherwise achieved a stan- dard of knowledge com- parable to that which would be achieved under subparagraph (aa) hereof; and (ii) (aa) is engaged on work on or in connection with compli- cated or intricate circuitry which work requires for its performance the standard of knowledge referred to in paragraph (i) hereof; and (bb) is able where necessary and practicable to perform such work without super- vision. "Electronics Tradesman Grade 11" means, subject to paragraph (iii) hereunder, an employee who— (i) (aa) has satisfactorily com- pleted a prescribed post trade course in industrial electronics; or (bb) has, whether through practical experience or otherwise, achieved a standard of knowledge comparable to that which would be achieved under subparagraph (aa) hereof; and (ii) (aa) is engaged on work on or in connection with compli- cated or intricate circuitry which work requires for its performance the standard of knowledge referred to in paragraph (i) hereof; and (bb) is able, where necessary and practicable, to per- form such work without supervision and by the use of complicated schematic diagrams to examine, di- agnose, modify, correct, test and install systems comprising complicated or intricate inter-connecting circuits, but does not in- clude such an employee unless the work on which he is engaged requires for its performance knowl- edge in excess of that gained by the satisfactory completion of the appro- priate Technical College Trade Course. (iii) For the purpose of this award, an employee shall be deemed to be an Electronics Tradesman Grade II only for the time during which he meets the foregoing conditions, unless— (aa) that time exceeds two days per week; or 27th October, 1982.J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2467 (bb) in the opinion of the employer, or in the event of disagreement, in the opinion of a Board of Reference that time is likely during the course of his employ- ment to exceed two days per week on average, in which case he shall be classi- fied as Electronics Tradesman Grade II as long as his employ- ment continues on either of those bases. (iv) In the event of disagreement as to the implementation of the "Electronics Tradesman Grade 11" provision, a Board of Reference shall determine the matter. (v) For the purpose of this award the following courses are deemed to be prescribed post trade courses in industrial electronics— (aa) Post Trade Industrial Electronics Course of N.S.W. Department of Technical Education, (bb) The Industrial Elec- tronics Course (Grades 1 and 2) as approved by the Education Depart- ment of Victoria, (cc) The Industrial Elec- tronics Course of the South Australian School of Electrical Tech- nology. (dd) Industrial Electronics (Course "C") of the De- partment of Education, Queensland. (ee) The Industrial Elec- tronics Course of the Technical Education Department of Tasmania. (ff) The Certificate of In- dustrial Electronics of the Technical Edu- cation Division, Edu- cation Department of Western Austtralia. "Industrial Electrician" means an em- ployee who is an electrical tradesman holding at least a "B" class licence who is required to possess and apply to his work a level of trade com- petence in excess of that required of the base electrical tradesman, includ- ing a level of competence in industrial electronics and complex circuitry which is higher than that reasonably expected of the base tradesman and less than that required of an "Electrician—Special Class". "Linesman" means an employee engaged (with or without labourers assisting) in erecting poles for electrical wires, cables or other conductors, or erecting wires, cables or other con- ductors on poles or over buildings, or tying them to insulators, or joining or insulating them or doing any work on electrical poles off the ground. (c) Boilermaking and Ship Construction "Boilermaking and Ship Construction" means the fabrication, erection, or re- pairing of steel or iron ships or of boilers or other vessels subject to greater pressure than the weight of their contents, but does not include drilling by stationary machines. "Tradesman" means an employee who is required to develop work from scaled drawings or prints, or to make tem- plates, or to apply general trade ex- perience without the guidance of a foreman or other tradesman, and in- cludes an employee engaged in rivet- ing by hand or machine, caulking, chipping and working rivet busters. (d) Steel Construction "Tradesman" means an employee who is required to develop work from scaled drawings or prints, or to make tem- plates or to apply general trade ex- perience without the guidance of a foreman or other tradesman and in- cludes an employee engaged in rivet- ing by hand or machine, caulking, chipping and working rivet busters. "First Class Machinist" means an em- ployee engaged solely in working one or more of the following machines—bending rollers, gag straight liners, guillotines, shearing machines, hydraulic presses of over two hundred and four tonnes press- ure, portable drillers, portable reamers and tappers. (3) Building Trades. "Carpenter and Joiner" means an employee en- gaged upon work ordinarily performed by a carpenter and joiner in any workshop, estab- lishment, yard or depot, or on site (including dams, bridges, jetties and/or wharves). Without limiting the generality of the fore- going such work may include— (a) the erection and/or fixing work in metal; (b) (i) the marking out, lining, plumb- ing and levelling of prefabricated form work and supports thereto; (ii) the erection and dismantling of such form work but without pre- venting builders' labourers from being employed on such work; (c) the fixing of asbestos products, dry fixing of fibre plaster materials and the fixing of building panels, wall board and plastic material; (d) the erection of curtain walling; (e) the setting out and laying of wood blocks or parquetry or wooden mosaic flooring; (f) the erection of prefabricated build- ings or sections of buildings con- structed in wood, prepared in factor- ies, yards or on site. "Painter" (a) means an employee who applies paint or any other preparation used for pre- servative or decorative purposes— (i) to any building or structure of any kind or to any fabricated unit forming or intended to form part of any building or structure; or (ii) to any machinery or plant; (b) and includes any employee engaged in the hanging of wallpapers or sub- stitutes therefore or in glazing, grain- 2468 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. ing, gilding, decoration, applying plastic relief, putty glazing or mar- bling; (c) and also includes any employee who strips off old wallpapers or who re- moves old paint or varnish or who is engaged in the preparation of any work for painting or any materials re- quired for the trade; (d) but does not include an employee who applies only one protective coat- ing, where a final finishing or decor- ative coat is not required to any type of machine, machinery or structure or who paints petrol or oil containers not exceeding 227.5 litres capacity. "Plumber" means an employee employed or usually employed in executing any general plumbing, ship plumbing, gas fitting, pipe fitting, leadburning, sanitary, heating and domestic engineering, industrial, commer- cial, medical, scientific and chemical plumb- ing. Without limiting the generality of the foregoing such work shall include the follow- ing- la) The fixing of all soil wastes and vent pipes to sanitary fixtures in galvan- ised mild steel, copper, brass, cast iron, plastic, P.V.C., sheet metal, as- bestos, lead, glass or any other ma- terials that may supersede the afore- mentioned. (b) Glazed earthenware pipes and fit- tings, fibrolite pipe and fittings, con- crete pipe and fittings, plastic P.V.C. pipe and fittings and any other drain- age materials that may be introduced in connection with pre-cast concrete septic tanks or any other manufac- tured septic tank which has been passed by the Public Health Depart- ment, soak wells, french drains, leach drains, grease traps and all forms of effluent disposal. (c) The installation of all types of sani- tary fixtures such as water closets, hand basins, sinks, urinals, slop hop- pers, bidets, troughs and pan washers in stainless steel, sheet metal, plastic, P.V.C., cast iron or any other ma- terials that may supersede those ma- terials normally used by the Plumber. (d) The fixing of all water supply pipes in galvanised mild steel, copper, brass, cast iron, plastic, P.V.C., fibrolite, stainless steel, concrete, hydraulic, aluminium, asbestos, lead or any other materials that may supersede those materials normally used from mains to buildings, swimming pools, display fountains, drinking fountains, ejectors, supply tanks, water filters, water softeners, glass washers, fire services including valves and all piping for sprinkler work, cooling towers and spray ponds used for in- dustrial, manufacturing, commercial or any other purposes. (e) The installation of all types of hot water and heating systems, including room heaters, sterilizers, calorifiers, condensate equipment, pumps, con- densers and all piping for same in power houses, distributing booster stations, bottling, distilling and brew- ery plants in connection with solid fuel, solar fuel oil, gas (L.P., Town and Natural), electric (excluding elec- trical connections), all piping for power or heating purposes either by water, steam, air for heating, ven- tilating and air conditioning systems and any other equipment used in con- nection with medical, industrial, com- mercial, housing, scientific and chemical work. (f) All piping, setting and hanging of units and fixtures for air condition- ing, cooling, heating, refrigeration, ice making, humidifying, dehumidifying, the installation of chilled water units including pumps and condensers, the setting and piping of instruments, measuring devices, thermostatic con- trols, gauge boards and other controls used in connection with power, heating, refrigeration, ventilating, air conditioning and manufacturing, mining and industrial work. (g) All pneumatic, compressed air and gas lines used in connection with above, oxygen or similar gases used for medical purposes and all piping, valves and fittings thereto. (h) The installation of centrifugal, pro- pellor or other exhaust fans, duct work, fume cupboards, registers, dampers, in sheet metal, plastics, P.V.C., stainless steel, copper, alu- minium or other materials that may supersede the aforementioned. (i) The installation of irrigation and re- ticulation services in materials used by the plumbers, mild steel, copper, brass, cast iron, plastic, P.V.C., asbes- tos, lead or any other materials that may supersede the aforementioned. (j) All gas and arc welding, brazing, lead burning, soldered and wiped joints, expanded joints used in connection with the Plumber. (k) The installation of all plumbing, pipework and fittings in ships, aero- planes, mobile and transportable homes etc. (1) The fitting and fixing of guttering, downpipes, ridging, rain heads, fascia capping and all other work associated with housing, commercial and indus- trial undertakings in galvanised iron, copper, aluminium, cast iron, P.V.C., fibreglass, stainless steel, asbestos, sheet metal, zinc, galvanised corru- gated iron, patent steel decking, alu- minium decking, copper decking, cor- rugated asbestos, galvanised iron sheeting, fibreglass, plastic sheeting and moulds, fitting of patent roof outlets such as "Fulgo" in ventilators, skylights and such. (m) The installation of all laboratory, re- search and scientific plumbing and fixtures including radioactive plumb- ing etc. "Plasterer/Wall Tiler" means an employee em- ployed or usually employed on plastering work which shall mean— (a) all internal and external plastering and cementing whether manual or mechanical means be used, including hard wall plastering and texture work where the materials used in such tex- ture work consist only of plaster or cement or both; (b) the fixing of wood lathing and metal lathing or any similar or other substi- tute which may be used as a ground for plastering work; 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2469 (c) the fixing of precast plaster or any other kind of plaster required to be finished off with plastered joints; (d) the fixing of pressed cement work and ornaments and plaster partition blocks; (e) plastering in sewers, septic tanks, water channels and relining of pipes; (f) the fixing of plain and ornamental tiles on walls or floors; (g) the top dressing or concrete work fin- ished in cement, granolithic or patent colouring, and all cement composition work and plain or fancy paving, ex- cept such work as is included in the definition of a builder's labourer un- less such work is done by an employee who is engaged or employed as a plasterer; (h) the fixing and laying of cork or sub- stitutes such as solimit in cool chambers and in refrigeration chambers; or (i) the working of flintcote where used with sand, cement or granulated cork or sawdust, but plastering work shall not include— (i) work authorised to .be done by em- ployees under any other award or in- dustrial agreement; or (ii) work done by Plumbers. "Upholsterer" means an employee em- ployed or usually employed in executing any general upholstering. Without limiting the generality of the foregoing such work shall include the following— (a) Upholstering of all furniture, includ- ing domestic and commercial in all types of natural materials, including leather, fur hide, all types of synthetic materials, woven fabrics and fibres or any other materials that may supersede the aforementioned. (b) To all vehicles, including sedans, Haulpaks, ambulances, buses, per- sonnel carriers and any such like con- veyance. (c) To any locomotive, rail car or any other conveyance used on or in con- nection with any railway which re- quires an upholstered finish or ma- terial thereon. (d) Repairs to lounge frames, re-gluing of bases, replacing springs, re-setting of twisted rails (lounge suites) or effect other such minor repairs. (e) The fixing of the abovementioned items by staple, nail tack, sewing in- cluding slip stitching, hand needle work, machine sewing, glue or paste or any method or process which may supersede the aforementioned. (f) The packing of furniture with wadding and/or all types of filling materials generally used for such pur- poses. (4) AWU/TWU. "Storeman Grade I" means an employee who, in addition to having an adequate and full working knowledge of the warehouse and its procedures at the site, is able, when so re- quired, to competently operate any forklift and/or drive any stores vehicle associated with that warehouse. "Storeman Grade 11" means an employee who— (a) has not less than six months experi- ence in that warehouse; or (b) has demonstrated an adequate full working knowledge of the warehouse and its procedures at that site; or (c) can competently operate or drive any stores forklift or other vehicle not ex- ceeding 5.1 tonnes capacity, when re- quired. "Storeman Grade III" means an employee em- ployed in the warehouse who has not yet es- tablished the requisite knowledge of the whole of that warehouse and its procedures or, having been appointed to the classifi- cation, has not yet completed three months experience. "Mobile Plant Equipment Operator" means a mobile equipment operator appointed as such, employed within the mining oper- ations who has been passed by the employer as competent to operate the range of heavy duty mobile equipment, irrespective of b.h.p. and at least including dozers, scrapers, graders and front end loaders. "Senior Driller" means a person appointed as "Captain" of a rig and as such is responsible for both its operation and for the training up to Grade II Drillers. Before becoming eli- gible for appointment as a Senior Driller, a Grade I Driller will be required to pass written and practical tests to ensure he is competent to take on the captaincy of a rig. "Horticulture Tradesman" means a qualified nurseryman and/or gardener and/or propa- gator and/or greenkeeper (turf manager) who has successfully completed a recognised apprenticeship of not less than four years in a branch or branches of the horticulture trade, and who produces proof satisfactory to the employer of such qualification or who has by other means, including not less than four years' experience, achieved a standard of knowledge and competence deemed by the employer as comparable thereto and who has been appointed as such by the em- ployer. "Horticulture Worker Grade 11" means an un- qualified nurseryman and/or gardener and/or propagator and/or greenkeeper who has been employed by the employer for not less than 12 months and who has not less than two years' practical experience and em- ployment in horticulture and who has dem- onstrated a level of competence therein ac- ceptable to the employer, including pruning, grafting, budding, layering, seed sowing, potting, packing and setting out of plants and any other general duties required by supervision, and who is also required to work under the direction of the Horticulture Tradesman or other appropriate person, but not necessarily under constant supervision. This person may also be required to be competent to carry out such other work, in- cluding the operation of self-propelled motor mowers and of tractors, hoes and other similar mechanical plant. "Horticulture Worker Grade III" means an adult employee employed to assist either the Hor- ticulture Tradesman or the Horticulture Worker Grade II as both defined, and who may also be required to be competent to carry out such other work, including the op- eration of self propelled motor mowers and of tractors, hoes and other similar mechan- ical plant and any other general duties (including groundsmans work) as required by supervision. Clause 20.—Mixed Functions shall apply where appropriate. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (5) General. "Shift Tradesman" means a tradesman em- ployed on shift work who— (a) is required to work alone without supervision and without direct access to an appropriate supervisor; and (b) works in cycle of shifts, not less than 50 per cent of his rostered shifts on alfternoon and/or night shift; provided that a tradesman who otherwise complies with the foregoing definition but works less than the number of afternoon or night shifts referred to therein shall, for each afternoon or night shift whilst so em- ployed, be paid one-fifth of the additional margin prescribed for a shift tradesman. 36.—Liberty to Apply. Liberty to apply to the Western Australian Indus- trial Commission for a variation of this award is re- served to the parties as follows: (1) The Australian Workers' Union, West Aus- tralian Branch in respect of— (a) a claim for one additional week of annual leave for and payment of an allowance to employees appointed to classifications covered by that union who are required, in the course of their employment, to reside permanently in railroad line camps. (b) a claim for payment of a special allowance to employees appointed to the classification of Track Labourer whilst performing the work of ballast dropping. (c) rates for the classifications Storeman/ Storewoman Grade I, Storeman/Storewoman Grade II and Storeman/Storewoman Grade III. (2) All unions in respect of a claim for and increase in the amount of the payment provided for in Clause 19. (3) The employer, in respect of Disability Group Allocations appearing in the Second Schedule for the following classifications: 271—Marra Mamba—Mobile Plant Tractor etc. Driver Mobile Plant Equipment Operator 273-276—Drilling "A", "B", "C", "D" Shifts Drillman Senior Driller 280-284—Mobile Plant "A", "B", "C", "D" Shift and Road Crew Tractor Driver 250-500 blip Tractor Driver 500 blip + Mobil Plant Equipment Operator 285—Cable Crew Tractor etc. Driver Mobile Plant Equipment Operator 287—Reticulation Backhoe Operator 213—Outside Services Tractor etc. Driver 236—Geology Mobile Plant Equipment Operator. (4) Any party in respect of amendments to the First Schedule—Wages but not before 31st March, 1983. First Schedule Wages. (1) Classifications and Total Weekly Wages Rates, effective from the beginning of the first pay period commencing on or after the dates indicated: Column Column "A" "B" 9/12/81 1/7/82 (a) Australian Workers' Union/ Transport Workers' Union Tradesman's Assistant Lube Bay Serviceman Serviceman Grade I Serviceman Grade II Fire Equipment Ser- 239.00 253.00 242.60 256.60 249.60 263.60 242.60 256.60 254.20 268.20 Horticulture Worker- Grade Ill- First 6 months.... Thereafter Horticulture Worker— Grade II Horticulture Tradesman .... Labourer Sampler— Grade III Grade II Grade I Grade I (Mine) Quarry and Plant Labourer Janitor Blast Crewman Powder Monkey Senior Powder Monkey Explosives Truck Driver/Operator Storeman/Storewoman— Grade III Grade II Grade I 232.10 246.10 239.00 253.00 259.00 273.00 296.20 310.20 232.10 246.10 243.80 257.80 251.90 265.90 260.00 274.00 267.20 281.20 239.00 253.00 239.00 253.00 242.60 256.60 259.00 273.00 281.00 295.00 270.60 284.60 Laboratory Assistant Water and Sewerage Ser- vice Attendant Water Treatment Plant Operator Garbage Collector/Driver (authority rate) Anfo Mobile Equipment Driver/Operator Chainman/Chainwoman Instrument Hand— Grade III Grade II Grade I 243.80 251.90 262.40 262.40 257.80 265.90 276.40 276.40 249.60 263.60 260.00 274.00 265.80 281.00 240.30 295.00 254.30 247.40 261.40 254.20 268.20 261.30 275.30 Ore Handling Equip- ment Operator— Grade III Grade II Grade I Special Instructor (appointed as such) Concentrator Operator— Grade III Grade II Grade I Special Control Room Oper- ator Special in Charge Trainee Miner Gradall Operator Senior Driller (appointed as such) 243.80 257.80 251.90 265.90 267.20 281.20 277.40 291.40 298.60 312.60 244.40 258.40 258.40 272.40 272.60 286.60 282.80 296.80 294.60 308.60 296.80 310.80 243.80 257.80 265.80 279.80 292.70 306.70 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. Column Column •'A" "R- 9/12/81 1/7/82 Machine Drillman— Grade III Grade II Grade I Mobile Plant Equipment Operator (appointed as such) Mobile Plant Equipment Operator— Instructor Back Hoe Operator Grader Operator—more than 100 b.h.p Tractor, Front End Loader, Grader (not else- where classified), Scraper, Dozer Driver/ Operator— Up to 15 b.h.p More than 15 and up to 50 b.h.p More than 50 and up to 100 b.h.p More than 100 and up to 250 b.h.p More than 250 and up to 500 b.h.p More than 500 b.h.p.... Forklift Driver/Operator— Up to 10 000 lb More than 10 000 lb and up to 20 000 lb... More than 20 000 1b Ore and Mullock Truck Driver/Operator— Up to 50 tons More than 50 tons and up to 190 tons More than 190 and up to 250 tons Ore Truck Driver— Instructor Ore Truck Driver— Instructor— Marra Mamba Motor Vehicle Driver— Up to 20 seater bus Up to 2 tons capacity... More than 2 tons and up to 5 tons capacity More than 5 tons and up to 10 tons ca- pacity More than 10 tons ca- pacity More than 20 seater bus Water, Fuel or Articulated Truck Driver/Operator— 10 tons or less More than 10 tons Double Articulated Truck Driver/ Operator Machinery Float Driver/Operator Cable Reel Truck Driver/Operator Lubrication Vehicle Driver/Operator— More than 10 tons ca- pacity 247.40 261.40 261.30 275.30 281.00 295.00 292.70 306.70 . 303.20 317.20 . 265.80 279.80 '. 281.00 295.00 249.60 263.60 251.90 265.90 262.40 276.40 265.80 279.80 281.00 295.00 288.00 302.00 251.90 265.90 259.00 273.00 264.80 278.80 264.80 278.80 274.00 288.00 287.00 301.00 296.90 310.90 283.90 297.90 249.60 263.60 249.60 263.60 254.20 268.20 261.30 275.30 264.80 278.80 264.80 278.80 273.00 287.00 277.40 291.40 282.20 296.20 287.00 301.00 273.00 287.00 Column Column -A" "B" y/lL'/ai 1/7/82 S 8 Waste Disposal Truck Driver/Operator— More than 5 tons & up to 10 tons Capacity 268.00 282.00 Geological Assistant— Grade III 247.40 261.40 Grade II 254.20 268.20 Grade 1 261.30 275.30 Transport Assistant 239.00 253.00 Brush Hand 239.00 253.00 Utility Man (Environ- mental Crew) 243.80 257.80 Utility Man (Township Services Port Hedland) 243.80 257.80 Tradesman's Assist- ant/Trackmobile Operator's Assistant (Port Hedland) Railway Track Maintenance Flash Butt Welding Machine Operator Track Maintenance Machine Operator— Grade III Grade II Grade I Special Ganger (appointed as such) Track Labourer— Grade II Grade I (b) Building Trades Carpenter and Joiner Painter Plumber Bricklayer Glazier Upholsterer Plasterer/Wall Tiler 247.40 261.40 278.80 292.80 263.50 277.50 267.20 281.20 273.00 287.00 279.20 293.20 281.00 295.00 239.00 253.00 246.10 260.10 296.20 296.20 296.20 296.20 296.20 296.20 296.20 310.20 310.20 310.20 310.20 310.20 310.20 310.20 284.00 298.00 (c) Engineering Boilermaker/Welder Fitter and Turner Fitter/Welder Fitter Fitter/Refrigeration Welder Panel Beater and/or Spray Painter Mechanical Fitter Motor Mechanic Plant Mechanic Machinist First Class Electrical Fitter Electrical Installer Automotive Electrical Fit- ter Sheet Metal Worker Fitter—Fuel Injection (appointed as such) Brake Equipment Fit- ter—Railway Instrument Maker and/or Repairer Electrical Tradesman—Electronics (appointed as such) Electrician Special Class (appointed as such) Industrial Electrician Electronics Tradesman Grade I 296.20 310.20 296.20 310.20 296.20 310.20 296.20 310.20 296.20 310.20 296.20 310.20 296.20 296.20 296.20 296.20 296.20 296.20 296.20 310.20 310.20 310.20 310.20 310.20 310.20 310.20 296.20 310.20 296.20 310.20 298.60 312.60 298.60 312.60 311.00 325.00 311.00 325.00 319.20 333.20 299.60 313.60 311.00 325.00 21681—8 2472 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. Electronics Tradesman Grade II Flash Butt Welder— Tradesman in Charge of Plant Thermit Welder Tradesman's, Electrician's or Linesman's Assistant.. Tool and Material Storeman— Grade III Grade II Grade I Sub-Station Attendant Serviceman— Column Column -A" -B" 9/12/81 1/7/82 $ $ 319.20 333.20 296.20 310.20 296.20 310.20 239.00 253.00 Grade II Grade I Mobile Crane Chaser Rigger—Licensed Rigger—License Holder for purpose of Act Cable Splicer Belt Repairer— Less than 12 months' service 12 months' service or 243.80 257.80 251.90 265.90 262.40 276.40 247.40 261.40 242.60 256.60 249.60 263.60 243.80 257.80 269.40 283.40 284.60 298.60 267.20 281.20 283.40 297.40 288.00 392.00 Linesman— "C" Class (less than 3 years' experience).... 264.80 278.80 "B" Class (3 years or more experience but less than 5 years' ex- perience) 292.70 306.70 "A" Class (5 years or more experience) 296.20 310.20 Drill Bit Sharpener 242.60 256.60 (d) Federated Engine Drivers' and Firemen's Union Shovel Section Shovel Driver— More than 7 cubic yds. capacity and up to 14.5 cubic yds. capa- city More than 14.5 cubic yds. capacity Shovel Greaser/Trainee Driver Shovel Greaser (appointed as such) Shovel Driver—qualified but not appointed— subject always to per- forming relief for a Shovel Driver for less than two hours per shift without payment of higher duties Engine Driving Section Engine Driver in Power Station with an output of— 30 megawatts or less.... More than 30 mega- watts Engine Driver—qualified but not appointed— Port—subject always to performing relief for En- gine Driver for less than two hours per shift with- out payment of higher duties 293.80 307.80 305.50 319.50 242.60 256.60 242.60 256.60 261.30 275.30 293.80 307.80 305.50 319.50 Engine Driver—qualified but not ap- pointed—Mine—subject always to performing re- lief for an Engine Driver for less than two hours per shift without pay- ment of higher duties Greaser in Power Station with an output of— 30 megawatts or less.... More than 30 mega- watts Greaser Responsible for water testing and treatment (Port Hed- land) Mobile Crane Driver— Up to but not including 10 tons 10 tons and up to but not including 20 tons 20 tons and up to but not including 40 tons 40 tons and up to but not including 100 tons 100 tons and over (including Manitowoc).... Railway Section Locomotive Driver Instructor Locomotive Driver— Up to 2 years' service... More than 2 years' ser- Column Column "A" "B" 9/12/81 1/7/82 $ S 271.40 285.40 242.60 256.60 251.90 265.90 249.60 263.60 278.80 292.80 285.70 299.70 292.70 306.70 293.80 307.80 298.60 312.60 261.30 275.30 Instructor 325.00 339.00 Locomotive Driver— Up to 2 years' service... 308.00 322.00 More than 2 years' ser- vice 314.00 328.00 Observer 264.80 278.80 Shunter/Observer 296.20 310.20 Trainee Shunter/Observer . 247.40 261.40 Trackmobile Operator 254.20 268.20 (2) Leading Hands: In addition to the appropriate rate prescribed in subclause (1) a Leading Hand shall be paid— (a) if placed in charge of not less than $ two and not more than five other employees, or if otherwise appointed as such 9.60 (b) if placed in charge of six and not more than 10 other employees, or if otherwise appointed as such 13.50 (c) if placed in charge of 11 and not more than 20 other employees, or if otherwise appointed as such 19.50 (d) if placed in charge of more than 20 other employees, or if otherwise ap- pointed as such 24.20 (3) A Shift Tradesman (as defined) shall be paid a margin of $9.10 per week in addition to the appropri- ate rate for his classification. (4) Powerhouse Engine Driver (appointed in charge) shall be paid a margin of $7.40 per week in addition to the appropriate wage for his classifi- cation. (5) Casual Employees. A casual employee shall be paid 20 per cent of the ordinary rate in addition to the ordinary rate for his class of work. (6) Junior Employees. The minimum rate of wages payable to junior employees employed pursuant to Clause 7 shall be the following percentage of the adult commencing rate for the classification in which he is employed: % Under 16 years of age 50 16 and under 17 years of age 70 17 and under 18 years of age 90 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2473 (7) A mobile plant driver/operator who is ap- pointed 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 $8.50 in addition to the appropriate margin for his classification. (8) An employee engaged on radio coverage for track maintenance employees or for contractors en- gaged on track maintenance shall, for the time spent on radio coverage, receive an additional margin of $5.60. (9) Classification of Equipment— (a) Drills— Grade 1— 60R Bucyrus Erie Air Trac (Grade Drilling only) Grade 2— Ingersoll Rand HCM2 Ingersoll Rand Drillmaster Truck Mounted Boulder Drill Grade 3— Air Trac (or similar type) Drills (b) Ore Handling Equipment— Special— Crusher Control Operator (Quarrying and Crushing) Shiploader Control Operator (Storage and Loading) Tertiary Crusher Control Operator (Storage and Loading) Train Loader Bucket Wheel Excavator (Quarrying) Grade 1— Primary Crusher Operator (Quarrying and Crushing) Secondary Crusher Operator (Quarrying and Crushing) Bucket Wheel Reclaimer Operator (Storage and Loading) Car Dumper Operator (Storage and Loading) Shiploader Operator (Storage and Loading) Tripper Operator (Storage and Loading) Grade 2— Stacker Operator (Storage and Loading) Band Wagon Operator (Storage and Loading Grade 3— Groundsman (Storage and Loading) (c) Track Maintenance Machines— Grade 1— Mainline Tampers Switch Tampers Mono Rail Tampers Grade 2— Ballast Regulators Spot Tampers Grade 3— Crib Tampers (10) Apprentices (wage per week). An apprentice shall be paid a percentage of the appropriate tradesman's rate as contained in subclause (1) of this Schedule in accordance with the following scales— % Five Year Term 1st year 45 2nd year 55 3rd year 65 4th year 85 5th year 95 Four Year Term 1st year 2nd year 3rd year 4th year Three and One Half Year Term 1st six months Next year Next following year Final year Three Year Term 1st year 2nd year 3rd year (11) (a) Employees employed as Boiler- maker/Welders, Fitters and Turners, Fit- ters/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 Elec- trical Fitters, Sheet Metal Workes, Fitters—Fuel In- jection (appointed as such), Brake Equipment Fit- ters—Railway, Instrument Makers and/or Repairers, Industrial Electricians, Electrical Tradesmen—Electronics (appointed as such), Elec- tricians Special Class (appointed as such), Linesmen, Carpenters and Joiners, Plasterers/Wall Tilers, Up- holsterers, Painters, Plumbers, Bricklayers, and Glaziers and Apprentices indentured to such trades shall be paid a tool allowance of $6.20 per week. (b) This allowance shall not be paid where the em- ployer supplies the employee with all necessary tools. (c) 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. (d) An employee who fails to supply himself with all basic and appropriate tools shall not be entitled to this allowance until he complies with paragraph (c). (e) The previous practice of the employer replacing worn-out and stolen tools shall be replaced by this subclause. (12) Experienced Tradesman's Allowance. A quali- fied tradesman shall, after 12 months' continuous service with the employer, be paid an allowance of $5.10 per week for all purposes which shall be in- creased to $9.10 per week after a further 12 months' continuous service. (13) Construction Allowance. A disabilities allow- ance of $3.00 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 follow- ing allowance shall be paid for all purposes to em- ployees who are operators of equipment covered by FEDFU classifications and who are certificated in the calling in which they are employed: (a) $5.10 after 12 months' continuous service. (b) $9.10 after two years' continuous service. (15) An Ore and Mullock Truck Driver/Operator who is allocated to duties as Test Driver shall be paid an allowance of $9.20 per week for time spent testing ore and mullock trucks. (16) Riggers who may be called upon from time to time to carry out scaffolding work to be paid as fol- lows: (i) A Rigger with twelve months' experience in scaffolding work who is undertaking training to obtain a certificate of com- petency as a scaffolder, an allowance of $4.00 per week. (ii) A Rigger with a certificate of competency as a Scaffolder, an allowance of $8.00 per week. 2474 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. Second Schedule. Disability Group Allocations. 1. MINE. Production 270—Marra Mamba—Ore Truck Drivers Ore Truck Driver—50 to 190 tons 271—Marra Mamba—Mobile Plant Group Tractor etc. Driver Mobile Plant Equipment Operator. 272—Blasting Anfo Mobile Equipment Driver/Operator.. Backhoe Operator Powder Monkey Chainman/Chainwoman Instrument Hand Group Group 273—276—Drilling "A", "B", "C", "D" Shifts Drillman Senior Driller Motor Vehicle Driver—more than 10 tons 277—Pegging Crew Group Instrument Hand.. Group 280-284—Mobile Plant "A", "B", "C", "D" Shift and Road Crew Group Tractor Driver 250-500 bhp 1 Tractor Driver 500 bhp + 1 Mobile Plant Equipment Operator 1 Ore Truck Driver 2 285—Cable Crew Quarry and Plant Labourer Motor Vehicle Driver, 5 to 10 tons .. Tractor etc. Driver Motor Vehicle Driver, up to 2 tons.. Cable Reel Truck Driver/Operator . Mobile Plant Equipment Operator. 286—Cleaning Crew Motor Vehicle Driver, up to 2 tons.. Motor Vehicle Driver, 5 to 10 tons .. 287—Reticulation Motor Vehicle Driver, 5 to 10 tons .. Boilermaker/ Welder Horticulture Tradesman Fitter Utility Man Backhoe Operator Labourer Group Group 1 1 Group 288—Rehabilitation Group Horticulture Worker 1 289—Trainee Miners Disability grouping appropriate to the area in which they are working. 290-293—Loading "A", "B", "C", "D" Shifts Group Shovel Driver 2 Shovel Driver (doubling as 2nd man on j i-4hrs machine doing Greaser's duties j 2-4'/a hrs Shovel Greaser 1 Quarry and Plant Labourer 1 294-297—Haulage "A", "B", "C", "D" Shifts Ore Truck Driver Ore Truck Driver (spotting) Ore Truck Driver (water cart) Group Ore Handling and Beneficiation Plant 250, 264—Concentrator Maintenance (1) and (2) Group Boilermaker/W elder 1 Mechanical Fitter 1 Tradesman's Assistant 1 Motor Vehicle Driver, 5 to 10 tons 1 Serviceman 1 251-254, 267—Concentrator "A", "B", "C", "D" Shifts and Beneficiation Plant Training OHEO Grade 1 OHEO Grade 2 OHEO Instructor OHEO Special (Working in Control Room). Group 255-258, 266—Crushing "A", "B", "C", "D" Shifts and Days Group OHEO Grade 1 1 OHEO Grade 2 1 OHEO Special 1 Quarry & Plant Labourer 1 (All classifications attract Group 2 disabilities if working in airconditioned cabs or on a stacker) -Concentrator—Electrical Industrial Electrician.... Electrical Fitter Tradesman's Assistant.. Labourer Group -Crusher—Electrical Industrial Electrician.... Electrical Fitter Tradesman's Assistant.. Labourer Group 261—Crushing Services Tradesman's Assistant Motor Mechanic Fitter and Turner Belt Repairer Serviceman Motor Vehicle Driver, 5 to 10 tons . Boilermaker/Welder Mechanical Fitter Group 262—No. 1 Crusher Maintenance Boilermaker/Welder Fitter Tradesman's Assistant Motor Vehicle Driver, 5 to 10 tons . Mechanical Fitter Motor Mechanic Serviceman Group 263—No. 2 Crusher Maintenance Boilermaker/Welder Tradesman's Assistant Mechanical Fitter Motor Mechanic. Serviceman Group 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 265—Beneficiation Shift Mechanical Mechanical Fitter Motor Mechanic Tradesman's Assistant Group Engineering 209—Field Welding Crew Group Boilermaker/Welder 1 or 2 Tradesman's Assistant 1 or 2 (Persons working on the hill attract Group 1, and those working in the workshop attract Group 2) 210—Fabrication Shop Boilermaker/Welder (When gouging on Haulpaks) Tradesman's Assistant Sheet Metal Worker Motor Vehicle Driver, 5 to 10 tons . Labourer Group 211—Machine Shop Storeman Fitter and Turner Mechanical Fitter Tradesman's Assistant (When grinding drill bits) Labourer Drill Bit Sharpener Drill Bit Sharpener (Washpad).. 212—Cranes & Rigging Rigger Mobile Crane Driver 40-10 tons.. Group Group (Crane Driver & Riggers working around work- shops attract Group 2) 213—Outside Services Group Fitter 1 or 2 Mechanical Fitter 1 or 2 Tradesman's Assistant 1 or 2 Motor Mechanic 1 or 2 Motor Vehicle Driver 5, to 10 tons 1 or 2 Water Treatment Plant Operator 1 or 2 Tractor etc. Driver 1 (Persons working on the hill attract Group 1 and those working in the workshop attract Group 2) 215—Lubrication Group Lubrication Vehicle Driver/Operator 1 Serviceman 1 Fitter and Turner 1 Shovel Operator 1 216—Vehicle Electrical Group Electrical Fitter 1 or 2 Tradesman's Assistant 1 or 2 Labourer 2 Ore Truck Driver (Test Driver) 1 (Persons working on the hill attract Group 1 and those working in the workshop attract Group 2) 217—General Electrical Group Industrial Electrican 1 or 2 Electrical Fitter 1 or 2 Tradesman's Assistant 1 or 2 Labourer 1 or 2 Cable Splicer 1 or 2 (Persons working on the hill attract Group 1 and those working in the workshop attract Group 2) 218—Services—Electrical Group Industrial Electrician 1 or 2 Electrical Fitter 1 or 2 Linesman "A" Class 1 or 2 Motor Vehicle Driver, 5 to 10 tons 1 or 2 Motor Vehicle Driver, more than 10 tons 1 or 2 (Persons working on the hill attract Group 1, those working in the workshop attract Group 2) 219—Hill—Electrical Industrial Electrician.... Electrical Fitter Tradesman's Assistant.. Group 220—Industrial Overhaul Group Mechanical Fitter 1 or 2 Tradesman's Assistant 1 or 2 (Persons working on the hill attract Group 1 and those working in the workshop attract Group 2) 221—Drill Maintenance Mechanical Fitter Fitter Motor Vehicle Driver, 5 to 10 tons . Boilermaker/Welder Tradesman's Assistant Motor Mechanic Group 222—Shovel Maintenance Fitter and Turner Mechancial Fitter Boilermaker/Welder Tradesman's Assistant Fitter Labourer Motor Vehicle Driver, 5 to 10 tons Motor Vehicle Driver, more than 10 tonnes. Shovel Operator Group 224—Haulpak Maintenance Boilermaker/Welder 1 or 2 Mechanical Fitter 1 or 2 Tradesman's Assistant 1 or 2 Labourer 1 or 2 Serviceman 1 or 2 Motor Mechanic 1 or 2 Fitter 1 or 2 (Persons working on the hill attract Group 1 and those working in the workshop attract Group 2) 225—Components Group Tradesman's Assistant 1 or 2 Mechanical Fitter 1 or 2 Motor Mechanic 1 or 2 Fitter 1 or 2 (Persons working on the hill attract Group 1 and those working in the workshop attract Group 2) 226.—Tractor Maintenance Group Motor Mechanic 1 or 2 Tradesman's Assistant 1 or 2 Mechanical Fitter 1 or 2 Labourer 1 or 2 Fitter 1 or 2 Boilermaker/Welder 1 or 2 Fitter and Turner 1 or 2 Motor Vehicle Driver 1 or 2 (Persons working on the hill attract Group 1 and those working in the workshop attract Group 2) 2476 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. 227—Light Vehicles Group Mechanical Fitter 1 or 2 Motor Mechanic 1 or 2 Serviceman 1 or 2 Tradesman's Assistant 1 or 2 Labourer 1 or 2 Boilermaker/Welder 1 or 2 (Persons working on the hill attract Group 1 and those working in the workshop attract Group 2) 230—Tool Store Storeman. Group 235—Powerhouse Operations Group Greaser 30+MW 1 Engine Driver 30 + MW 1 Engine Driver qualified but not appointed 1 Labourer 1 240—Airconditioning Group Fitter/Refrigeration 1, 2 or 3 Tradesman's Assistant 1, 2 or 3 (Group 1 when working on the hill, Group 2 when working on haulpak behind workshop with engine running, and Group 3 working on Haulpak outside without engine running) 244—Auto Electrical Group Automotive Electrical Fitter 1 or 2 Tradesman's Assistant 1 or 2 (Shift Auto and T.A. on Hill breakdown attract Group 1) 247—Electronics Maintenance Group Electrical Tradesman—Electronics 1 or 2 Instrument Maker and/or Repairer 1 or 2 (Group 1 when working on OHP, OHP outside areas, mine and Powerstation engine room. Group 2 in workshop area and Powerstation switch and con- trol room) 248—Powerhouse Workshop—Electrical Group Electrical Fitter Tradesman's Assistant.. 249- -Powerhouse Workshop—Mechanical Tradesman's Assistant., Mechanical Fitter Fitter Labourer Motor Mechanic Fitter & Turner Group 214, 223, 231, 241, 245--Transport "A", "B", "C", "D" Shift and Days Group Motor Vehicle Driver, more than 20 seater bus 2 Tractor etc. Driver 2 Machinery Float Driver/Operator 1 229—W arehouse Storeman/Storewoman Motor Vehicle Driver, 5 to 10 tons Motor Vehicle Driver, more than 10 tons. Mobile Crane Driver, 20-40 tons Forklift Driver up to 10 000 lb capacity.... Forklift Driver 10 000-20 000 lb capacity . 232,233—Town Maintenance Painter Carpenter and Joiner Plasterer/Wall Tiler Upholsterer Glazier Tsadesman's Assistant Storeman Electrical Fitter Water and Sewerage Service Attendant. Plumber Boilermaker/Welder Motor Mechanic 234—Town General Labour Labourer Motor Vehicle Driver, 5 to 10 tons Grader Driver Plant Operator Waste Disposal Truck Driver/Operator.. 243—Town Gardening Horticulture Worker Horticulture Tradesman Labourer Tractor, Driver, 15 hp to 50 hp General 205-207—Apprentice Training Appropriate disability according to work area. If in Classroom If in Apprentice Workshop. 236—Geology Geological Assistant Mobile Plant Equipment Operator. Senior Driller Motor Vehicle Driver, 5 to 10 tons .. Sampler 237—Survey and Planning Chainman/Chainwoman. Instrument Hand 238—Laboratory Laboratory Assistant.. 239—Ore Grading & Sampling Sampler. 242—Safety Crew Fire Equipment Serviceman. Boilermaker/Welder Tradesman's Assistant 2. PORT: 301—Port Crushing No. 1 Plant—"A" Shift OHEO Instructor Group OHEO Special 2 OHEO Grade I 3 OHEO Special (No. 1 Plant Control Room). 3 OHEO Special (No. 2 Plant Control Room). 3 OHEO Grade II 3 OHEO Grade III 3 Quarry & Plant Labourer 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2477 302—Port Crushing No. 1 Plant—"B" Shift OHEO Grade I OHEO Grade II OHEO Grade III OHEO Special (No. 1 Plant Control Room)... OHEO Special (No. 2 Plant Control Room)... OHEO Special OHEO Instructor Quarry & Plant Labourer Group -Port Crushing No. 1 Plant—"C" Shift OHEO Grade I OHEO Grade II OHEO Grade III OHEO Special (No. 1 Plant Control Room). OHEO Special (No. 2 Plant Control Room). OHEO Special OHEO Instructor Quarry & Plant Labourer Group 304—Port Crushing No. 1 Plant—"D" Shift OHEO Grade I OHEO Grade II OHEO Grade III OHEO Special (No. 1 Plant Control Room)... OHEO Special (No. 2 Plant Control Room)... OHEO Special OHEO Instructor Quarry & Plant Labourer Group 310—Production— Shiploading Plant—"B" Shift Group Mobile Plant Equipment Operator 1 OHEO Grade 1 1 OHEO Grade II 1 OHEO Grade III 1 OHEO Special 1 OHEO Instructor 1 Quarry & Plant Labourer 1 OHEO Special (Control Room Operator) 2 311—Production— Shiploading Plant—"B" Shift Group Mobile Plant Equipment Operator 1 OHEO Grade 1 1 OHEO Grade II 1 OHEO Grade III 1 OHEO Special (Control Room) 2 OHEO Instructor 1 OHEO Special 1 Quarry & Plant Labourer 1 312—Production— Shiploading Plant—"C" Shift Group Mobile Plant Equipment Operator 1 OHEO Grade 1 1 OHEO Grade II 1 OHEO Grade III 1 OHEO Special (Control Room) 2 OHEO Instructor 1 OHEO Special 1 Quarry & Plant Labourer 1 313—Production— Shiploading Plant—"D" Shift Group Mobile Plant Equipment Operator 1 OHEO Grade 1 1 OHEO Grade II 1 OHEO Grade III 1 OHEO Special (Control Room) 2 OHEO Instructor 1 OHEO Special 1 Quarry & Plant Labourer 1 314—Production—Mobile Plant—I Motor Vehicle Driver Mobile Plant Equipment Operator. Group 320—Electrical Maintenance—"A" Shift Electrician Special Class Electrical Fitter Tradesman's Assistant Sub Station Attendant Industrial Electrician Group 321—Electrical Maintenance—"B" Shift Electrician Special Class Electrical Fitter Tradesman's Assistant Sub Station Attendant Industrial Electrician Group 322—Electrical Maintenance—"C" Shift Electrician Special Class Electrical Fitter Tradesman's Assistant Sub Station Attendant Industrial Electrician Group 323—Electrical Maintenance—"D" Shift Electrician Special Class Electrical Fitter Tradesman's Assistant Sub Station Attendant Industrial Electrician Group 326—Electrical Maintenance—Crusher/Screens No. 1 Plant—Days Group Electrical Fitter 1 Tradesman's Assistant 1 Industrial Electrician 1 327—Electrical Maintenance—Crusher/Screen No. 2 Plant—Days Group Electrical Fitter 1 Tradesman's Assistant 1 Industrial Electrician 1 328—Electrical Maintenance—Stacking- Electrical Fitter Tradesman's Assistant Industrial Electrician -Days Group 329—Electrical Maintenance—Reclaiming—Days Group Electrical Fitter 1 Tradesman's Assistant 1 Industrial Electrician 1 330—Electrical Maintenance—Shiploading- Electri'cal Fitter Tradesman's Assistant Industrial Electrician -Days Group 331—Electrical Services- Electrical Fitter Tradesman's Assistant.... Industrial Electrician Group WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 332—Electronics—Days Group Electrician Special Class 1 or 2 Tradesman's Assistant 1 or 2 Electronics Tradesman 1 or 2 Electrical Tradesman—Electronics (Group 2 in workshop) 1 or 2 -Electrical Workshop- Group Industrial Electrician.... Electrical Fitter Tradesman's Assistant. 337—Operations—Powerhouse—Shift Group Greaser in Power Station (30 MW or less) 1 Greaser responsible for water testing and treatment (Port Hedland) 1 Powerhouse Engine Driver (30 MW or less) .... 1 Engine Driver—Qualified but not ap- pointed—Port 1 338—Maintenance—Powerhouse—Shift and Days Group Tradesman's Assistant 1 Mechanical Fitter 1 Fitter and Turner 1 Electrical Fitter 1 340—Mechanical Maintenance—"A" Shift Tradesman's Assistant Boilermaker/Welder Fitter and Turner Mechanical Fitter Fitter 341—Mechanical Maintenance—"B" Shift Tradesman's Assistant Boilermaker/Welder Fitter and Turner Mechanical Fitter Group Group 342—Mechanical Maintenance—"C" Shift Tradesman's Assistant Boilermaker/Welder Fitter and Turner Mechanical Fitter Group 343—Mechanical Maintenance—"D" Shift Tradesman's Assistant Boilermaker/Welder Fitter and Turner Mechanical Fitter Group 344—Mechanical Maintenance—Dumping- Tradesman's Assistant Boilermaker/Welder Mechanical Fitter -Days Group 345—Mechanical Plant—Days Maintenance—Screens Tradesman's Assistant.. Boilermaker/Welder Mechanical Fitter Group 346—Mechanical Plant—Days. Maintenance—Crushing Tradesman's Assistant Boildermaker/Welder Mechanical Fitter Tool and Material Storeman. Group 347—Mechanical Maintenance- 2 Plant—Days -Screen/Crusher No. Group Tradesman's Assistant.. Boilermaker/Welder Mechanical Fitter Fitter -Mechanical Maintenance—Stacking- Tradesman's Assistant.. Boilermaker/Welder.... Mechanical Fitter -Days Group -Mechanical Maintenance- Tradesman's Assistant Boilermaker/Welder Mechanical Fitter Tool and Material Storeman. -Reclaiming—Days Group -Mechanical Maintenance- Tradesman's Assistant.. Boilermaker/Welder ..... Mechanical Fitter Fitter -Shiploading—Days Group 351—Mechanical and Collection- Maintenance- -Days -Dust Suppression Group Tradesman's Assistant.. Boilermaker/Welder.... Mechanical Fitter Fitter Plumber Serviceman -Mechanical es—Days Maintenance—Shiploading Ser- Tradesman's Assistant Mechanical Fitter Fitter and Turner Serviceman Truck Driver/Operator 354—Conveyor Belt Squad—Days Group Belt Repairer- Group -Machine Shop- Tradesman's Assistant Mechanical Fitter Fitter and Turner Fitter Tool and Material Storeman. Group -Vehicle Maintenance- Group Motor Mechanic Automotive Electrical Fitter. Serviceman Tradesman's Assistant 357—Fabrication Shop- Tradesman's Assistant.. Boilermaker/Welder Forklift Driver 358—Site Services—D Carpenter and Joiner. Painter Plumber Group 27th October, 1982.1 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 359—Riggers—Days Tradesman's Assistant.. Mechanical Fitter Rigger Group 360—Fire Services—Days Fire Equipment Serviceman. 361—Survey—Days Chainman/Chainwoman. Instrument Hand Group Group -Town Services—Days Horticulture Worker.. Motor Vehicle Driver- Group -2 to 5 tons . 367—Township—Cooke Point and Nelson Point Group Horticulture Worker 3 Tractor Etc. Driver 3 Horticulture Tradesman 3 (Working at Nelson Point attracts Group 2, except in the vicinity of the Crusher and Shiploading area, which attracts Group 1) 368—Township—South Hedland—I Horticulture Worker Tractor etc. Driver Horticulture Tradesman Motor Vehicle Driver—up to 2 tons. Group 371—Operations Warehouse—Receiving, Issuing and Despatch—Days and Shift Group Storeman/Storewoman (Warehouse) 2 Motor Vehicle Driver—2 to 5 tons 2 Motor Vehicle Driver—5 to 10 tons 2 Forklift Driver 1 Storeman (East Creek) 1 Storeman (MKMO Yard) 1 373-375—Apprentices 3rd, 4th and 5th Year Electri- cal The appropriate disability group according to work area except as follows: Group Classroom 3 Apprentice Workshop 2 376—T ransport—Days Forklift Driver Motor Vehicle Driver Transport Assistant Garbage Collector/Driver Machinery Float Driver/Operator Motor Vehicle Driver—more than 10 tons. Motor Vehicle Driver—2 to 5 tons Group 377—Bus Drivers—Shift Motor Vehicle Driver—More than 20 seater bus 378—Crane Driver—) Mobile Crane Driver- Mobile Crane Driver- Mobile Crane Driver- -10 and up to 20 tons.. -20 and up to 40 tons.. -100 tons and over Group Group 381—382—Apprentices 1st and 2nd Year Mechanical and Electrical 383—385—Apprentices 3rd, 4th and 5th Year Mech- anical The appropriate disability according to work area ex- cept as follows: Group Classroom 3 Apprentice Workshops 2 391, 392, 393, 394—Ore Grading "A", "B", "C", "D" Shift Group Sampler 1 399—Systems Engineering—Days Sampler Group 3. RAILROAD: Loco Services Workshop 400—Running Bays—Days—Electrical Day Group Group Electrical Fitter 1 Airconditioning Mechanic 1 Tradesman's Assistant 1 401, 402, 403, 404—Running Bays—"A", "B "D" Shift Tradesman's Assistant/Trackmobile Oper- ator's Assistant Janitor Electrical Fitter Mechanical Fitter Fitter and Turner Tradesman's Assistant Group Trackmobile Operator Tool and Material Storeman. Motor Mechanic Industrial Electrician 405—Running Bays—Days Tradesman's Assistant.. Painter Mechanical Fitter Group Loco Overhaul Workshop 431—Overhaul Bays—Days I Tradesman's Assistant Mechanical Fitter Fitter and Turner Machinist—1st Class Tradesman's Assistant/Trackmobile Operator's Assistant Boilermaker/Welder Instrument Maker and/or Repairer Fitter—Fuel Injection 432—Loco Maintenance Electrical—Days Tradesman's Assistant Electrical Fitter Industrial Electrician Fitter/Refrigeration Group Group 433—Loco Maintenance Clean Rooms- Tradesman's Assistant- Mechanical Fitter Group 10 E. [27th October, 1982. 434—Loco Maintenance Services- Tradesman's Assistant Fitter Machinist—1st Class .. Fitter and Turner Painter Mechanical Fitter Janitor Storeman Grade II Motor Vehicle Driver- Motor Vehicle Driver—up to 2 tons Trackmobile Operator j ^ Boilermaker/Welder Automotive Electrical Fitter Ore Car Repair Shop Group 2 2 2 2 2 2 2 2 2 J 2-5 hrs 1 1-3 hrs 2 2 413—Strip and Rebuild Section Fitter and Turner Tradesman's Assistant Group 414—Brake Equipment Fitters- Brake Equipment Fitter Mechanical Fitter Electrical Fitter Industrial Electrician Painter Tradesman's Assistant Group 415—Brake Equipment Fitters—"A", "B", "C", "D" Shift Group Brake Equipment Fitter 2 416—Machinist Section—Days Machinist—First Class Fitter and Turner Tradesman's Assistant Forklift Driver Storeman Group 417—Ore Car Repair Shop—"A", "B", "C", "D" Shift* Group Tradesman's Assistant 2 Tradesman's Assistant/Trackmobile Operator's Assistant 2 Machinist—First Class 2 Fitter and Turner 2 * If working in underfloor lathe Group 1 disability applies. 418—Boilermaker/W elders Boilermaker/Welder Tradesman's Assistant Group 420, 421, 422, 423—Car Inspection—OCRS—"A", "B", "C" and "D" Shifts Group Trackmobile Operators 2* Tradesman's Assistant 1 Mechanical Fitter 1 Machinist—1st Class 1 Fitter and Turner 1 Tradesman's Assistant/Trackmobile Operator's Assistant 2 * Day Shift—5 hours Group 1 Afternoon Shift—3 hours Group 1 Night Shift—2 hours Group 1 Railroad Operations 445—Loco Crews—Shift Locomotive Driver Observer Shunter/Observer (Yardman). Group 480—Port Yard Gang—Days Group Track Labourer 1 or 2 Ganger 1 or 2 Motor Vehicle Driver—5 to 10 tons 1 or 2 Tractor etc. Driver 1 or 2 (Persons working within yard limits attract Group 2, while those working outside yard limits attract Group 1) 481—Hedland Gang—Days Group Track Labourer 1 or 2 Ganger 1 or 2 Motor Vehicle Driver—5 to 10 tons 1 or 2 Tractor etc. Driver 1 or 2 (Persons working within yard limits attract Group 2, while those working outside yard limits attract Group 1) 483—Redmont Gang- Track Labourer Ganger Motor Vehicle Driver- Group -5 to 10 tons . 466, 476—Track Machine Operators—Hedland and Newman—Days Group Track Maintenance Machine Operator 1 or 2 Track Labourer 1 or 2 (Persons working within yard limits attract Group 2, while those working outside of yard limits attract Group 1) 458—Line Camp Maintenance—Days Group Horticulture Worker 1 Plumber 1 Carpenter 1 465—Flashbutt Group Flashbutt Welding Machine Operator 1 460—Plasser Machine—Fitters and TAs—Days Group Tradesman's Assistant 1 or 2 Mechanical Fitter 1 or 2 Motor Mechanic 1 or 2 Fitter and Turner 1 or 2 Fuel Truck Driver 1 or 2 Boilermaker/Welder 2 Fitter 1 or 2 Machinist First Class 1 or 2 Tool and Material Storeman 1 or 2 (Group 1 when outside Workshop area, Group 2 when inside Workshop area) 461—Vehicle Equipment—Fitters and TAs—Days Group Tradesman's Assistant 1 or 2 Mechanical Fitter 1 or 2 Motor Mechanic 1 or 2 Boilermaker/Welder 1 or 2 Machinist First Class 2 Serviceman 1 or 2 (Group 1 when outside Workshop area, Group 2 when inside Workshop 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 463—Electrical Group—Days Electrical Fitter Automotive Electrical Fitter... Group (Group 1 when outside Workshop area, Group 2 when inside Workshop area) 470—Plant Maintenance Workshop—Newman Group Boilermaker/Welder 1 or 2 Mechanical Fitter 1 or 2 Tradesman's Assistant 1 or 2 (Group 1 when outside workshop area, Group 2 when inside workshop area) 474—Mobile Plant Maintenance Mechanical Fitter. Fuel truck Driver.. Group (Group 1 when outside workshop area, Group 2 when inside workshop area) 484, 493—Thermit Welding and Grinding- Track Labourer Motor Vehicle Driver—5 to 10 tons Thermit Welder Track Maintenance Machine Operator -Days Group 485—Steel Train Gang—Days Track Labourer Motor Vehicle Driver—5 to 10 tons Tractor etc. Driver Crane Driver 20—40 tons Ganger Track Maintenance Machine Operator . Group 486—Railroad Sundries—Days Group Driver 5—10 tons (Hiab) 1 Crane Driver 10—20 tons 1 Crane Driver (Air-conditioned cab) j ^/hr Track Labourer 1 487—Rail Cutting Gang Track Labourer Tractor etc. Driver Ganger Motor Vehicle Driver—5 to 10 tons . Group 490—Cowra Gang—Days Track Labourer Ganger Motor Vehicle Driver—5 to 10 tons . Tractor etc. Driver Group -Sandhill Gang—Days Track Labourer Ganger Motor Vehicle Driver- Tractor etc. Driver Group -5 to 10 tons . 492—Newman Gang—Days Group Track Labourer 1 or 2 Ganger 1 or 2 Motor Vehicle Driver—5 to 10 tons 1 or 2 Tractor etc. Driver 1 or 2 (Persons working within yard limits attract Group 2, while those working outside yard limits attract Group 1) 455—Earthworks—Days Tractor etc. Driver Truck Driver/Operator Mobile Plant Equipment Operator Grader Operator—over 100 bhp Ore Truck Driver Motor Vehicle Driver—More than 10 tons. Gradall Operator Group Third Schedule. Special Maintenance Rates. 1. PORT AND RAILROAD: (1) Work inside all confined chutes. (2) Work inside all surge bins, after appropriate safety measures have been effected. (3) All Reclaimer slew bearing compartment and chamber inside work. (4) Dust Collector bag rooms. (5) Loco trip maintenance work. (6) Maintenance work under flooded conditions in sumps. (7) Repairs to air-conditioners in the field on movable equipment. (8) When welding (i.e. air arc gouging, electric or oxy-acetylene) in an enclosed compart- ment, space or place, the dimensions of which necessitate the employee working in a stooped or otherwise cramped position. (9) All work in the Crusher building (No. 1). (10) Maintenance work on hot running track mo- biles, compressor cars and locomotives in- cluding load car testing. (11) Maintenance workers employed on dip tank cleaning at the locomotive workshop and ore car workshop, Port Hedland, including em- ployees bulk spraying chemicals. (12) All work on bogies, when under locomotive, or on shop floor when bogies are in an excep- tionally dirty condition. (13) Disconnecting and reconnecting traction motors when in an exceptionally dirty con- dition. (14) Working in fan rooms of locomotives in loco- motive workshop, Port Hedland. (15) Removing or replacing dynamic braking grid elements in "C" class locomotives and all work in rear compartments of locomotives. (16) Working in ventilation ducts of locomotives or on traction motors under locomotives. (17) Working inside pocket (draught gear), orecar workshop and locomotive workshop, Port Hedland. (18) Working under "C" class locomotive can- opies on exhaust systems, exhaust blowers, and the removal and fitting of governors. (19) Working under Track Car EM80 when not over the pits. (20) Working in engine sump or inside radiator compartment on locomotives. (21) Load box testing of locomotives. (22) Railroad—Locomotive Servicing Shop— shiftwork and permanent days—all work performed on the platforms, under the platforms and in the fuelling bays (work performed by Tradesmen, Tradesmen's As- sistants, Janitors, Tradesmen's Assist- ant/Trackmobile Operator's Assistants). WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. (23) Boilermaker Welder (Plasser Machine—Days) working under track machines. (24) Mechanical Fitter and Motor Mechanic (Railroad—General Equipment—Days) working under locomotives. 2. NEWMAN: (1) Nos. 1 and 2 crusher bowl rooms while plant is operating. (2) Dust collector bag rooms—No. 1 secondary, No. 1 sample preparation. (3) Primary Ml and M101 feeder floor levels. (4) Nos. 1 and 2 stackers while operating. (5) Nos. 1 and 2 load-out tunnels while op- erating. (6) While working inside surge bins, chutes, feeders and screens in the crusher area. (7) Shovel removal and replacement of vertical and horizontal propel shaft. (8) While working inside shovel boom on grease line repairs. (9) Shovel installation of swing and propel transmission. (10) Repairs to air conditioners in the field on movable equipment. (11) All maintenance employees in crusher and ore handling plant in all areas except: (a) Air conditioned control cabins (b) Stacker operator cabin (c) Workshops (d) Substations (12) Maintenance employees working in tunnels of No. 1 power station. (13) Maintenance employees whilst engaged on stripping grids and working on engines of haulpaks at the rear of haulpak workshops whilst engines revving. (14) When welding (i.e. air arc gouging, electric or oxyacetyline) in an enclosed compart- ment, space or place, the dimensions of which necessitate such employee working in a stooped or otherwise cramped position or without ventilation. (15) Maintenance employees whilst working on the hill on any work not already specified in this subclause; Provided that breakdown maintenance employees who are perma- nently mobile (such as 50, 99, Haulpak breakdown fitters etc.) shall be paid special maintenance rate for 5 hours of each 8 hour shift worked, and all other employees work- ing on the Mine shall be paid special main- tenance rate for hours actually worked on the particular job on the Mine. Provided further that all maintenance em- ployees who permanently work on the hill or in the shovel pad area shall be paid special maintenance rate for 7 hours of each 8 hours shift worked on the hill or in the shovel pad area. (16) All maintenance work carried out in the Beneficiation Plant and Ore Handling Plant other than work carried out inside the work- shops. (17) Ore Truck Workshop: (a) 120T Haulpaks Final Drives. Whilst employee is working on inner armature bearings. Whilst engine running in the work- shop for those employees working on that piece of equipment only. Removal of heads and liners or rocker work or retainer inspection on the rear two cylinders of both banks. Removal and replacement of flex plate bolts for generators when the generator/engine module is in pos- ition. Working underneath 'A' frame. Removal and replacement of starter motors. Removal and installation of alter- nators (Auto electrical). (b) Component Room Removal and installation of the har- monic balance and front crankshaft pulley with the radiator and pipe work in position. (c) 200T Haulpaks Hydraulic pumps. pto box and pump. Traction motor removal and replace- ment and work on the traction motor while it is in position. Pinions on rear final drive while the wheels are fitted. Removal of engine air box covers. Working in engine crank case with engine in position and crank case covers removed. All work associated with engine turbo charger while the turbo charger is attached to the engine and the en- gine is in position on the vehicle. Removal and replacement of starter motors. Removal and replacement of com- pressors. Removal and replacement of turbo lube filter. All rocker work carried out on en- gines with the canopy in position. Changing of bleed blower belt. (d) Haulpak fitters Charging of the rear suspension ac- cumulators when the tray is in a lowered position. Removal and installation of the pipework which runs along the side of the chassis in the area where the engine is located. Traction Alternator maintenance and diode repair (Haulpak Electrical). Traction Motor maintenance on hill (Haulpak Electrical). Removal and installation of alter- nators (Auto Electrical). (e) 75T Haulpaks Work on RE6 valves. Work on rear drive shaft on water trucks with tray down. Removal and replacement of engine heads while the engine is in pos- ition on the vehicle. Replacement of top radiator hoses. Removal of transmission "brain box". Removal and replacement of heat exchangers. Removal of top and bottom valve boxes (Auto Electrical). (f) General While working on all engines within one hour of the vehicles having been operated in production. (18) Caterpillar Workshop (a) D9 Dozers All work on torque converter and transmission. All work on belly plate when the ve- hicle is not jacked up. 27th October, 1982,1 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2483 All work underneath the cab floor plates. All work associated with splitting the machine. All work on Scavenger pump. (b) Dart, 992 and 988 F.E.L.'s All work on torque converter and transmission. All work associated with splitting the machine. All work on main hydraulic control valves. All work on the front hydraulic tank on 992B's. All work on all hydraulic pumps. All work on Grease Farval systems. (c) 824's Work on Implement pumps. (d) SP60 Vibrating Rollers All work under the machines or floor plates. Hydraulic pumps and motors. (e) FordBackhoes Work underneath when splitting the machines. All work on gear and accelerator link- ages when the cab is in position. All work on removal of cab when underneath the machine. (f) 950 F.E.L.'s All work on removal and installation of park brakes. (g) General All work on tractor equipment while equipment is working on stockpile. (19) General Workshop (a) Fab Shop All work on air arcing of floor panels on Haulpak trays. All work on Haulpak tray hoist ram eyes unless the tray is removed and has been rolled over. All work on air arcing of wear plates which have been backed with "Plastipak". Work on truck Chassis (while the chassis is hot from pre-heating) in the following areas: Under the torque tube Installation of "boomerangs" Repairs to hydrair front mountings Inside main chassis rail in the gener- ator engine module area when the engine module is in place. All work on the transformer room area of a 60R drill when the transformer room roof is on. All work behind the control panel of a 60R drill. All work associated with cutting out old floors on 60R drills. (b) Machine Shop All work on fume extraction equip- ment on laboratory roof. All work on hoppers and pits in Anfo shed. All work inside hydroset cylinders. (c) Vehicle Services All work associated with working underneath a vehicle when it is lo- cated in areas away from the Mine proper. All work underneath buses (air bag) without pit facilities or without jacking facilities. (d) General All work on the top of overhead cranes. Whilst working in wash down pit. Working in engine room on shovel or drill whilst on test in workshop area with all equipment operating. Payment to be made whilst personnel are engaged in the removal of the Beneficiation Plant top screen deck where they are required to work in the area between the two decks with side frames in position. (20) Township All work on the mosquito-killing machine whilst fully suited in protective clothing. Inside ovens at the bakery. For work done inside roofs because of cramped hot area and contact with glass fibre insulation. Maintenance of mess stoves because of greasy, dirty and hot conditions. (21) Outside Services When working with acids and similar sub- stances whilst fully suited in protective clothing. Maintenance and repair of equipment at acid and caustic pumping station. Carrying out repairs to burst or broken underground water pipes which in the op- inion of the Foreman in charge of the job require the employee to work in deep mud, slush and water that is unable to be drained away. (22) Stockpile Whilst working on mobile equipment on stockpile. (28) Power House All work carried out in No. 1 Powerhouse in- cluding work outside the powerhouse as- sociated with radiators and the air filters, i.e. the radiators on the northern side and the air filters on the southern side and work inside pits. All work carried out on engines in No. 2 Powerhouse which are reasonably urgent repairs to maintain a machine as an op- erating engine; provided that in No. 2 Powerhouse if the work being carried out is of an extended nature (i.e. the engine is cold) this work will not attract special maintenance rate. All work on removal and installation of main bearings and con-rod bearing caps on S.W.D. engines. All work on S.W.D. engines in area of fibreglass lagging around exhaust systems. (24) Environmental Special Maintenance Rate will not be paid at base station. (25) Drills Employees who are members of the Electri- cal Trades Union when: (a) Working in the area of the J box on the mast with the mast fitted to the rig but without a cherry picker to provide a working platform. (b) Drilling gland holes from a lying position underneath rig floor in the electrical room area. (c) Performing cable work, i.e. take offs from the cable tray under the rig. 2484 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. Notations in respect of Newman A. The following jobs will be inspected when they are actually being carried out to determine whether or not they will attract the special maintenance rate al- lowance: All work in the Fab. Shop associated with crusher spider. All work in the Fab. Shop associated with load chutes, vibrating feeders, secondary crusher shrouds, and screens. All work on the Machine Shop com- pressor. All work on F.E.L. and shovel buckets. All work in the Machine Shop and Fab. Shop associated with thermal lancing. All work in the Caterpillar Workshop associated with the Bobcat. Outside services work when ham- pered by mud and water. B. Other jobs will be inspected to deter- mine whether or not they attract special maintenance rates as and when they occur. The request for inspection will be made at the time the work is taking place. 3. ALL AREAS: (1) Any work done on equipment where P.C.B. oils are used on the basis that the units in which P.C.B. is present are actually opened up and work is carried out on contaminated components. (2) When an employee is engaged in the repair and maintenance of explosion or fire dam- aged equipment because of high carbon and toxic materials. PART II. 1.—Arrangement—Part 11. 1. Arrangement—Part II. 2. Scope—Part II. 3. Application of Part I Provisions. 4. Local Agreements. 5. Hours and Overtime. 6. Shift Rosters. 7. Cancellation of the Roster. 8. Cancellation of Work. 9. Relieving. 10. "Off Roster" and other Penalties. 11. Meals and Meal Allowances. 12. Annual Leave. 13. Distant Work. 14. Long Train Allowances. 15. Definitions. 16. Liberty to Apply. 2.—Scope—Part II. This Part of this award applies to employees em- ployed in the employer's rail traffic operations in the following classifications, namely— Observer Shunter/Observer Trainee Shunter/Observer Locomotive Driver Locomotive Driver Instructor 3.—Application of Part I Provisions. (1) Subject to the provisions of this clause and to those of Clause 12 the provisions of Part I of this award apply to employees to whom the provisions of this part apply. (2) Employees to whom the provisions of this Part apply shall, for the purpose of applying the pro- visions of Part I, be deemed to be continuous shift workers. (3) The following provisions of Part I, namely— Clause 9.—Hours; Clause 10.—Overtime; Clause 11.—Shift Work; and Clause 14.—Distant Work do not apply to employees to whom this Part applies. (4) Where there is an inconsistency between the provisions of this Part and those of Part I, the pro- visions of this Part shall prevail with respect to em- ployees to whom this Part applies. (5) The following provisions of Part I namely subclause (6) of Clause 10.—Overtime and subclause (3) (a) of Clause 11—Shift Work shall, notwithstanding the provisions of subclause (3) of this clause, apply to employees to whom this Part applies. 4.—Local Agreements. Any local agreement or arrangement in operation immediately prior to the date of this award shall con- tinue in operation unless— (a) the union and the employer otherwise agree in writing; or (b) it is expressly altered by the provisions of this award. 5.—Hours and Overtime. (1) Subject to the provisions of this award, at least ten shifts of eight ordinary time hours in each fort- nightly pay period shall be worked or paid for. (2) The first ten shifts in each fortnight shall be the ordinary time shifts and the first eight hours in each such shift shall be the ordinary time hours. (3) (a) The day of sign-on will be the day of the shift. (b) Where there is a second sign-on on any one day, all time worked on the shift following that second sign-on shall be paid for at the rate of double time. (c) For the purpose of this Part "day" means the period between 0001 and 2400 hours on the same day. (4) (a) The employer shall post rosters de- signating— (i) the starting time and the estimated fin- ishing time of each shift for crews on mainline duties; and (iii) the starting and finishing times of shifts for all other employees. (b) The hours to be rostered under subparagraph (i) of paragraph (a) shall be eleven for a trip from Port Hedland to Newman and eleven and one quar- ter for a trip from Newman to Port Hedland. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2485 (5) Subject to the provisions of Clause 5 of Part I—Contract of Employment and to those of this Part, and employee shall be paid for his hours as ros- tered. (6) Except where this award provides otherwise all time worked outside the eight ordinary time hours referred to in subclause (2) shall be paid for at the rate of double time. (7) The hours specified in paragraph (b) of subclause (4)— (a) shall not, subject to subclause (10), be varied during the currency of this award ex- cept by agreement between the employer and the union concerned; (b) shall, in respect of any shift, include all time spent in the performance of work normally carried out in conformity with existing custom and practice from the time of sign- on to the estimated finishing time of that shift; (c) shall, subject to the provisions of this Part, be paid as guaranteed hours notwithstanding that a trip is completed in less than the estimated time. (8) Where, in the course of a trip, it appears that the guaranteed hours for that trip will be exceeded, any member of the crew may, if it is reasonable to do so, request that he be relieved at or after the con- clusion of the guaranteed hours and the employer shall, unless it is not reasonably possible to do so, comply with any such request. (9) Rest Period After Duty. (a) The minimum period of time between the termination of one shift and the commence- ment of the next shift shall be— (i) eight hours at an away from home depot; and (ii) ten hours at a home depot unless in any case the employer and the roster committee agree that eight hours is necessary to effect the changeover from one shift to another. (b) Except in emergency circumstances referred to in subclause (1) of Clause 7 of this Part, and then only if he is so instructed in writing by the Superintendent or his depu- ty, no employee shall commence work with- out having had the appropriate period off duty prescribed in paragraph (a). (c) If, in response to an instruction given in ac- cordance with paragraph (b), an employee commences work without having had the prescribed rest period, he shall be paid at Double time rates until he is released from duty for eight or, as the case may be, ten hours without loss of pay for ordinary time occurring during that eight or ten hour period. 6.—Shift Rosters. (1) Rosters in existence at the date of this award shall continue in operation unless and to the extent that they are varied or replaced in the manner here- inafter prescribed. (2) When the employer proposes alterations to an existing roster it shall, before implementing those alterations, hold prior discussions with the appropri- ate convenor or convenors. (3) (a) Where the employer seeks to substitute a new roster for an existing roster it shall, when draft rosters have been provisionally agreed between it and the convenor/s and after consultation with the roster committee, submit those rosters to the State Sec- retary for ratification by the union prior to im- plementation of the new roster. (b) After ratification by the union the new roster shall be posted on the Notice Board and a copy sup- plied by the employer to each convenor and to each member of the roster committee. (c) Any dispute arising under this subclause may be processed through the provisions of the Industrial Relations (Mt. Newman Mining Co. Pty. Limited) Agreement No. 27 of 1975. (4) Rosters shall be so designed that crews rotate from the top to the bottom of the roster. (5) (a) Except where it is impracticable to do so rosters shall be so designed that crews are not held in barracks away from the home depot for more than 14 hours. (b) Unless so rostered, an employee shall not be so held in barracks for more than 14 hours, but this paragraph does not apply to any employee who, having been offered transport to his home depot, re- fuses it. 7.—Cancellation of the Roster. (1) The roster will stand except in emergencies which are hereby defined to mean circumstances be- yond the control of the employer which cause major interruption to the normal running of trains and in- clude, when they have that result- fa) cyclones; (b) derailments; (c) disturbances of or damage to the track; (d) major operational failure at the dumpers or load out points, which wholly prevents loading or dumping, but not including shut downs for planned maintenance; (e) failure of the train control system. (2) When the roster is cancelled pursuant to the provisions of subclause (1) the following conditions shall apply— (a) If trains are able to be run on a restricted basis causing a "first in, first out" con- dition— (i) rostered days off as by the cancelled roster will be adhered to; and (ii) where possible crews will be given no- tification of their next commencing time of duty when booking off from duty; or (iii) where it is not possible to give such notification between 2000 hours on one day and 0600 hours on the follow- ing day a ninety minute call will be given. Between 0600 hours and 2000 hours on the same day a four hour call will be given; (iv) the time of sign-on shall not be altered after the issue of a call in subparagraphs (ii) and (iii) of this subclause. (v) the "first in, first out" method of op- erations shall not be applied so as to interfere with an employee's rostered day off as specified by the cancelled roster. (b) If there is a complete break in the track, and work trains only are to be operated, arrange- ments will be made between the employer and the union's convenor to provide work for all crews to the extent that work can be made available. (c) If trains are not able to be run because of a strike— (i) available work to be continued on the rostered times; e.g. construction trains, etc.; (ii) rostered days off as by the cancelled roster will be adhered to; and (iii) available work for other crews will be arranged at that time between the employer and the union's convenor. 2486 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (3) In a "return to work situation" after the end of a strike or stand-down the following provisions shall apply— (a) rostered days off on the roster will be ad- hered to; (b) crews to return to work and work out their rostered shift or the balance of for that day; (c) no "off roster" penalties will apply where a crew cannot resume their normal roster fol- lowing the end of a strike; and (d) the allocation of work to crews shall take into account the need to reposition the crew to enable the early resumption of their nor- mal roster. Provided that where railway employees, members of the FEDFU, did not take part in the strike no employee shall be paid for less than four hours under paragraph (b) of this subclause. (4) Any absence by an employee when the roster has been cancelled pursuant to subclause (1) will involve the day concerned and when reporting again i'or duty he will be placed behind the last man book- ing off at that time. (5) (a) When an emergency situation arises, which affects the normal rostered return of crews to their home depot, the Superintendent Railroad Operations or his deputy shall immediately review the situation and his decision in respect of the return of those crews shall be conveyed forthwith to the Industrial Relations Department, the convenor of the union and the crews concerned. (b) If that decision is considered unsuitable by the convenor an immediate conference shall be held be- tween the employer and the convenor to resolve the matter. At all times due consideration shall be given by the employer to minimising the duration of stay in barracks by locomotive crews. 8.—Cancellation of Work. (1) Subjects to the provisions of Clause 5 Part I the following conditions shall apply if an employee's job on the roster is cancelled. (2)(a) If the employee is away from his home depot he shall— (1) if alternative railway work is available, be given such work for a minimum of eight hours but not so that he is unable to resume his roster; or (ii) if no such work is available and the em- ployer returns him to his home depot he shall, if such work is there available, be given such work at the home depot for the balance of his minimum shift of eight hours on that day but not so that he is unable to resume his roster. (b) If an employee is at his home depot he shall, if alternative railway work is available, be given such work for a minimum of eight hours but not so that he is unable to resume his roster. (3) When the job which has been cancelled is a train to which guaranteed hours would have applied and the train has been cancelled due to late running, slow dumping or slow load out then, if the foregoing provisions of this clause have been complied with, the employee shall be paid for the guaranteed hours to which he would have been otherwise entitled. (4)(a) When trains are to be temporarily cancelled on a "block" or "multiple" basis the employer shall discuss the situation with the convenor or his deputy. (b) In such circumstances, crews may be required to work their guaranteed hours but if no useful work is available they may sign off after eight hours and be paid the guaranteed hours. (c) In the event of there being disagreement over useful work availability, the matter will be referred to the Superintendent Railroad Operations or his deputy. (d) When no useful work is available the employees concerned may, if they so decide, take one day's un- paid leave. (e) For the purpose of this paragraph "useful work" shall be deemed not to include work which is created for the specific purpose of keeping employees on site nor work which is of no practical advantage to the Railway operation. (5) The provisions of this clause do not apply when the roster is cancelled under Clause 7 of this Part. 9.—Relieving. (1) Holiday/Sickness Relief (a) Crewmen designated as the holiday relief shall be given seven days' notice of the ros- ter line on which they will be relieving. (b) The rostered days off will be those shown on the line on which they are relieving. (c) If they are not required to relieve, the crewmen shall be given seven days' notice of their sign-on times as Holiday/Sickness re- lief and the days off shall also be indicated. (d) A Holiday/Sickness relief crewman may, for as long as he is not required to cover for hol- iday relief, be utilised by the Roster Clerk to cover any notified period of absence of any crewman but only upon being given 24 hours' notice. (e) Absences due to day-to-day sickness shall normally be covered by crewmen on Roster Relief but to minimise excessive movement of sign-on times a Holiday/Sickness relief crewman shall, if his rostered sign-on time pursuant to paragraph (c) is nearer to that of the absent employee, be used to cover such an absence in preference to a Roster Relief crewman. (2) Roster Relief. (a) A roster relief crewman is not obliged to commence main line work after he has been on duty for four hours and 15 minutes. (b) Where a roster relief crewman is required to commence duty earlier than his rostered sign-on time he shall be given an advance call of 90 minutes in writing. (3) A second driver who is required to perform the duties of a driver who is absent and who is there by taken off his roster shall, for all time worked in the first 24 hours on the duties of that driver, be paid at penalty rates, but only if he has not been given twenty four hours' notice of that requirement at his home depot. (4) (a) Where an employee fails to report for a ros- tered main line shift the Supervisor shall, if a roster relief man is not available, call for volunteers from employees then at work on local jobs. (b) Failing a voluntary response the Supervisor may fill the position from those employees and shall, in so doing, have regard for the time and pattern of their following rosters. (c) An employee who acts as relief under this subclause shall, whilst so acting, be paid at penalty rates. (5) Newman Load-Out Operations (a) Where an employee fails to report for duty and no roster relief is available— (i) the appropriate load-out crew mem- ber may be asked to remain on duty; (ii) if that request is declined and if suf- ficient notice of the first employee's absence was given, an outgoing crew member may be called in; 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2487 (iii) if no such notice or insufficient notice was given, the appropriate incoming crew member may be utilized until relief is arranged. (b) Time worked pursuant to subparagraphs (ii) or (iii) or paragraph (a) shall be paid for in addition to the guaranteed hours. 10.—"Off Roster" and Other Penalties. (1) When an employee is required to work "off ros- ter" as hereinafter defined he shall, unless otherwise specified by this award, be paid half ordinary time extra for all time so worked on a Sunday and at the rate of double time on any other day. (2) An employee shall be deemed to be "off roster" (a) if he is rostered for local work and is placed on an away from home job short of the re- quired notice; (b) if he is rostered for main line work and his job is not cancelled but he is placed on another job; (c) if, he is removed from his rostered line to another rostered line short of the required notice; (d) if, when on local work, he is placed on a job other than the one for which he is rostered and is thereby prevented from signing off at his rostered sign-off time, running changeover period included; (e) if, when on roster relief— (i) he works an unscheduled ore train; or (ii) he works a scheduled ore train from his home depot to an away from home depot without being given 24 hours' notice. (f) if he is rostered "spare" and without being given 24 hours' notice is placed on a job which prevents him from signing off at his rostered sign-off time. (3) An employee is not deemed to be "off roster"— (a) if his job has been cancelled and he is given alternative work at the same sign-on time and within the same hours as are specified for that shift by his roster; (b) if and for as long as he is designated as ros- ter relief on the roster and is employed on local work; (c) on any shift— (i) of which he has been given 24 hours' notice while designated as roster re- lief (not being a shift on an unscheduled ore train); or (ii) worked back to his home depot after a trip to which subparagraph (ii) of paragraph (e) of subclause (2) applies. (4) A locomotive driver or observer who is rostered to book off at an 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 $7.60 in ad- dition to his ordinary rate of wage for the shift from which he has then booked off and the applicable shift allowance shall apply. (5) (a) An employee whose absence on any day for which he was rostered to work necessitates his being replaced by another employee for that rostered work, shall, on reporting back for duty, be given alternative work until he can resume his normal position on the roster; in such circumstance the employee will not be eligible for any "off roster" penalties unless the alter- nate work causes him to be "off roster" on his next rostered shift at his home depot. (b) Unless an employee books back or reports as soon as possible, and in any event not later than four hours prior to the commencement of his next listed sign-on time, he will be deemed not to be ready, willing and available for work on that day or shift. (6) (a) Any permanent change to the roster for an individual employee, other than by mutual consent, will require seven days' notice of that change to be given to the employee. (b) If the required seven days' notice is not given the employee will be paid at overtime rates for the time worked before the expiration of the seven days' notice. (7) No penalty or additional time shall be payable to members of a crew by reason of starting before the rostered sign-on time if the commencing time has been advanced at their request. (8) Subject to approval by the appropriate super- visor, or in his absence another officer nominated by the employer, employees may exchange their rostered shifts but only if they so consent in writing. No pen- alty rates shall apply to an employee by reason only of such an agreed exchange. 11.—Meals and Miscellaneous Allowances. (1) (a) When employed on local work train crews shall be provided with a crib by the employer and shall not be entitled to a subsidised meal. (b) (i) Where the crib is provided by the em- ployer the employee shall when reason- ably practicable, subject to there being no interruption to the continuity of oper- ations, be permitted a crib break of thirty minutes which shall be taken after the third hour and not later than five and one half hours from the time of commence- ment of his shift. (ii) Notwithstanding the provisions of subparagraph (i) when an employee who is supplied with a crib by the employer is working on yard shunt the employer shall make every reasonable effort to provide a crib relief to the employee. (iii) Where no crib relief can be provided on that shift the employee shall not then be permitted to take the crib break of thirty consecutive minutes and he may be re- quired in such circumstances to partake of his crib on the job unless he is otherwise authorised by his supervisor; In such cir- cumstances he shall be paid for the untaken crib break of thirty minutes at the rate of double time which shall be added to the actual time worked on such shift. (2) (a) Train crews, including construction and maintenance train crews, when working away from their home base or depot shall be supplied with an esky of food to a quantity and standard as agreed be- tween the employer and the on-site representatives of the union. (b) Mainline crews, including construction and maintenance train crews when operating on the mainline, in lieu of stopping for a crib break shall have the appropriate number of crib times worked added to the actual hours worked on that day or shift and such added time for crib time so worked shall be paid for at the rate of double time. (c) For the purpose of paragraph (b) an employee shall be deemed to have been entitled to a crib break of 30 minutes after four hours from the commence- ment of the shift, a further 15 minutes after nine and one half hours, a further 30 minutes after 10 hours and a further 30 minutes after each subsequent period of four hours. 21681—9 2488 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (3) Notwithstanding the provisions of this clause, where an employee cannot be provided with a pre- scribed crib by the employer he shall, in lieu thereof, be paid an allowance of $3.00. 12.—Annual Leave. In lieu of the provisions of subclauses (3), (5), (8), (9) and (10) and of paragraph (c) of subclause (16) of Clause 23 of Part I, the following provisions shall apply— (a) Annual leave will be taken in accordance with the leave roster. (b) New employees after completing a twelve month qualifying period, will be allocated annual leave in accordance with the roster, in the first available vacancy. (c) If any public holidays fall within an em- ployee's period of annual leave, he will ac- crue the day or days, to be taken at a period suitable to the employee and the employer. (d) (i) The employer may allow annual leave to an employee before the right thereto has accrued, if allocated in accordance with the roster. (ii) Where leave has been allowed to and taken by an employee pursuant to subparagraph (i) and the employee's employment terminates before he com- pletes the 12 months' continuous ser- vice in respect of which the leave was so allowed the employer may for each complete month of the qualifying 12 monthly period not served by the em- ployee, deduct from any moneys owing to the employee upon the termination of his employment one twelfth of the amount of wage paid to the employee on account of the annual leave, (iii) Payment made for or in respect of any public holiday shall not, for the purpose of paragraph (c), be deemed to be part of the amount of wage paid on account of the annual leave. (e) Where an employee is paid for a period of confinement under the provisions of subclause (16) of Clause 23 of Part I, he is entitled to a period of annual leave equival- ent to the ordinary hours so paid for, which shall be taken at a period suitable to the em- ployee and the employer. 13.—Distant Work. (1) Since the normal means of transportation be- tween sites shall be by aircraft, it is a condition of employment for locomotive crewmen that there be no restrictions on their ability to fly. (2) (a) Time spent in travel will be treated as time worked for all purpose of this award. (b) If the employer directs that an employee travel by other than aircraft, he shall be paid for the time taken to so travel. (c) Travel time outside rostered hours shall be paid at overtime rates. (3) (a) When a married employee who resides with his family in employer supplied housing is required to work away from home he shall be provided with free board and lodging for all such time that he is away from home. (b) An employee resident in the employer's single employees quarters who is required to work away from his home depot shall— (i) be provided with free board and lodging for all such time that he is away from his home depot, and (ii) have the weekly accommodation/messing charges otherwise applicable to him at his home depot reduced for each hour that he is away from that home depot according to the following formula: Hourly Rebate = weekly single quarters charges 7 days x 24 hours 14.—Long Train and Locotrol Allowances. (1) (a) Crews of trains shall be paid long train al- lowances as follows: Driver Observer $ per $ per trip trip More than 120 ore cars but less than 160 ore cars 18.00 12.60 160 ore cars but less than 200 on cars 23.00 16.10 200 ore cars but less than 240 ore cars 28.00 19.60 240 ore cars but less than 280 ore cars 33.00 23.10 (b) Long train allowances shall be paid in accord- ance with the consist of the train at the commence- ment of the trip and shall not be affected by any op- erating circumstances en route which require the consist to be reduced or altered. (2) crews of trains to which the "Sundowner" is at- tached shall, when carrying passengers, be paid per trip an additional allowance of $6.00 in the case of the Driver and $3.00 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, $17 .00 per trip and, in the case of an Ob- server, $11.30 per trip. 15.—Definitions. In and for the purposes of this Part, unless a con- trary intention is apparent from the context— "clause" means a clause of this Part. "trip" means the one way journey in either direc- tion between Port Hedland and Newman, "local" when applied to "work" or to a "job" means that the employee is required to sign on and off at his home depot. "one rostered day off" means twenty four hours plus eight hours from the completion of the previous shift as per the roster. "two rostered days off" means forty eight hours plus eight hours from the completion of the previous shift as per the roster. "three or more rostered days off" means a mini- mum of seventy two hours as per the roster. 16.—Liberty to Apply. Liberty to apply to the Western Australian Indus- trial Commission for a variation of this award is re- served to the Federated Engine Drivers' and Firemen's Union of Workers of Western Australia in respect of: (1) a claim for payment of an allowance to loco- motive crews engaged in "banking" oper- ations; and (2) a claim for an increase in the amount of the payments prescribed in subclause (3) of Clause 14 of Part II in the light of experi- ence gained in the operation of trains using locotrol equipment. Dated at Perth this 17th day of August, 1982. (Sgd.) B. J. COLLIER, [L.S.] Commissioner. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2489 LESLIE SALT CO. Award No. 31 of 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. A31 of 1982. Between Leslie Salt Co. Pty. Limited, Applicant and Amalgamated Metal Workers' and Shipwrights' Union of Western Australia; Electrical Trades Union of Workers of Australia (Western Aus- tralian Branch), Perth; and the Australian Workers' Union, West Australian Branch, Indus- trial Union of Workers, Respondents. Consent Award. HAVING heard Mr A. J. Collins on behalf of the ap- plicant, Mr T. D. Rynn on behalf of the Electrical Trades Union of Workers of Australia (Western Aus- tralian Branch), Perth, and Mr H. Barry on behalf of The Australian Workers' Union, West Australian Branch, Industrial Union of Workers, the Com- mission, by consent of the abovementioned parties, pursuant to the powers conferred on it under the In- dustrial Arbitration Act, 1979, hereby makes the fol- lowing award— (4) "Shop Steward" means a worker appointed as such who is a member of a Union party to this Award and whose appointment has been notified in writing by the Union to the employer. (5) "Tradesman" means a worker who in the course of his employment works from drawings or prints, or makes precision" measurements or applies general trade experience but does not include an Apprentice. (6) "Union" means a Union party to this Award. (7) "Week" means in the case of a Day Worker or Shift Worker the time span in which the 38 ordinary hours of work would fall. (8) "Experienced Tradesman" means a Mechanical or Electrical Tradesman having had not less than one year on the job experience in the employment of Leslie Salt Co. 4.—Area and Scope. (1) This Award shall apply to members of the ap- plicant Unions in the classifications mentioned in this Award and in the area occupied and operated upon by Leslie Salt Co. (2) This Award is restricted in its operation to the area of the State between 18th and 26th parallel of south latitude. 1.—Title. This Award shall be known as the Leslie Salt Co. Award—1982, and replaces the Industrial Agree- ments No. 17 of 1978 and No. 18 of 1978. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Definitions 4. Area and Scope. 5. Term 6. Contract of Service. 7. Temporary Workers. 8. Mixed Functions. 9. Hours. 10. Overtime. 11. ShiftWork. 12. Essential Services. 13. Cyclone Shutdown. 14. Holidays. 15. Special Leave. 16. Annual Leave. 17. Long Service Leave. 18. Sick Leave. 19. Leave for Union Training. 20. Training and Promotion. 21. Wages. 22. District and Site Allowances. 23. Service Payments. 24. Special Rates and Provisions. 25. Time and Wages Record. 26. Payment of Wages. 27. Posting of Notices. 28. Union Officials. 29. Industrial Relations Procedure. 30. Board of Reference. 31. Travelling to and from work. 32. Redundancy. 33. Utilization of Contractors. 34. Apprentices. Schedule 1—Application of 38-hour Week. 3.—Definitions. (1) "Employer" means Leslie Salt Co., Incorpor- ated in Delaware, U.S.A., (Limited Liability). (2) "Leading Hand" means a worker who is placed by the employer in charge of other workers. (3) "Process" means the operation from the intake of seawater through to and including the cast-off of ships. (1) This Award shall operate from the 21st day of September, 1982, until the 15th day of July, 1984, provided that, except as elsewhere prescribed in this Award, the rates and conditions contained herein shall take effect from the 16th day of July, 1982. Dur- ing its period of operation the employer shall adjust the wages in accordance with the indexation formula outlined in Clause 21(7) of the Award. (2) If accord has not been reached by 15th July, 1984, on the renewal of the Award the provisions of this Award shall continue until such time as it is re- placed by a new Award. (3) The Company and the Unions should com- mence negotiations one month before the expiration of this Award. 6.—Contract of Service. (1) (a) A contract of service to which this Award applies may be terminated in accordance with the provisions of this clause and not otherwise but this subclause does not operate so as to prevent any party to a contract from giving a greater period of notice than is hereinafter prescribed nor to affect an em- ployer's right to dismiss a worker without notice for misconduct which would justify dismissal. (b) A worker who is validly dismissed without no- tice shall be paid entitlements due up to the time of dismissal only. (2) Subject to the provisions of this clause, a party to a contract of service may during ordinary working hours, give to the other party the appropriate period of notice of termination of the contract prescribed in subclause (5) of this clause and the contract termin- ates when that period expires. (3) In lieu of giving the notice referred to in subclause (2) of this clause, an employer may pay the worker concerned his ordinary wages for the period of notice to which he would otherwise be entitled. (4) (a) Where a worker leaves his employment— (i) without giving the notice referred to in subclause (2) of this clause; or (ii) having given such notice, before the notice expires, he forfeits his entitlement to any moneys owing to him under this Award except to the extent that those moneys exceed his ordinary wages for the period of notice which should have been given. 2490 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (b) In a case to which paragraph (a) of this subclause applies— (i) the contract of service shall, for the pur- poses of this Award be deemed to have ter- minated at the time at which the worker was last ready, willing and available for work during ordinary working hours under the contract; and (ii) the provisions of subclause (2) of this clause shall be deemed to have been complied with if the worker pays to the employer, whether by forfeiture or otherwise, an amount equiv- alent to the worker's ordinary wages for the period of notice which should have been given. (c) Once notice has been given by the employer, the employer shall grant the worker, if requested at least during the worker's previous shift, leave of ab- sence without pay for one day to enable the employee to look for alternative employment. (5) The period of notice referred to in subclause (2) of this clause is— (a) During the first month of employment under the contract, one day; and (b) After the first month of such employment, one week. (6) (a) On the first day of engagement a temporary worker shall be notified in writing by his employer or by the employer's representative the expected dur- ation of his employment. (b) The probationary period for all new workers is one month. However, with the agreement of the em- ployee, the Union representative and the employer, the probationary period may be extended up to a total of three months. (7) The employer shall be under no obligation to pay for any day not worked upon which the worker is required to present himself for duty, except where this Award makes specific provisions for payment for such absence. (8) (a) The employer is entitled to deduct payment for any day upon which a worker (including an ap- prentice) cannot be usefully employed because of a strike by any of the Unions party to this Award or by any other association or union. (b) The provisions of paragraph (a) of this subclause also apply where the worker cannot be usefully employed through any cause which the em- ployer could not reasonably have presented but only if, and to the extent that, the employer and the Union or Unions concerned so agree or, in the event of disagreement, the Board of Reference so deter- mines. (c) Where the stoppage of work has resulted from a breakdown of the employer's machinery the Board of Reference, in determining a dispute under paragraph (b) of this subclause, shall have regard for the dur- ation of the stoppage and the endeavours made by the employer to repair the breakdown. (9) A worker who, without notification to and the approval of his employer, is absent from work for five consecutive days shall be deemed to have abandoned his employment unless and until, in the circum- stances of any particular case, the employer otherwise agrees, or in the event of dispute the Com- mission otherwise determines, but this subclause does not affect the employer's right to dismissal referred to in subclause (2). (10) No employee shall be compelled to operate any machine which the employee does not believe he is competent to operate. (11) A worker shall transfer from day work to shift work and from shift work to day work if and when re- quired by the employer to do so. The employer shall give at least two days (48 hours) notice of the intention to do so, excluding Saturdays and Sundays. (12) It is hereby expressly agreed and declared that no contract of service shall be made between the em- ployer and any worker which contains any term or condition which is inconsistent with or contrary to the provisions of this Award. 7.—Temporary Workers. (1) The employer may employ workers as tempor- ary workers whose period of employment shall exceed four weeks but shall not exceed four months. (2) (a) The employer shall advise the Union rep- resentative the reason for the need to engage a worker as a temporary worker which shall be limited to the additional needs for workers as a result of a shortfall in production, temporary sickness of a worker, annual leave relief, or for any other purpose as agreed to between the employer and the workers. (b) Notice of termination may be given by the em- ployer at any time after the first month and such no- tice shall be in accordance with Clause 6(5) of this Award. (3) A temporary worker shall be entitled pro rata to all entitlements in this Award relating to perma- nent employees in addition to the amount set out in Clause 21(3). (4) (a) A temporary worker may be transferred to permanent employment at any time during the currency of his employment if agreed to between the employer and the Onion. (b) At such time as the transfer is effective the ad- ditional rate payable under Clause 21(3) will cease. 8.—Mixed Functions. (1) A worker engaged during ordinary hours and/or overtime on duties carrying a higher rate of pay than his ordinary classification, shall be paid the higher rate for the time so engaged, but if so engaged for a total of two hours or more, he shall be paid the higher rate for the whole day or shift. (2) A worker engaged in a higher classification con- tinuously for more than 18 weeks shall be reclassified to that classification. 9.—Hours. (1) Day Workers: (a) The ordinary hours of work of Day Workers— (i) shall be an average of 38 per week to be worked on the basis of 152 hours within a work cycle not exceeding 28 consecutive days; (ii) shall be worked five days of not more than eight hours per day, Monday to Friday inclusive, with 0.4 of one hour of each day worked accruing as an en- titlement for an "allocated day off" in each 28-day cycle paid for as though worked; (iii) shall, subject to the provisions of paragraph (b), start no earlier than 7.00 a.m. and end no later than 5.30 p.m. each day; (iv) shall be worked consecutively each day except for an unpaid meal interval which shall be 30 minutes; (b) Starting times prior to 7.00 a.m. and fin- ishing times later than 5.30 p.m. may be fixed by agreement between the employer and the Union and the workers concerned or, failing such agreement, may be deter- mined by the Commission. (c) The first eight hours worked between 7.00 a.m. and 5.30 p.m. shall be deemed to be or- dinary hours. The first 7.6 of these hours shall be paid at ordinary rates with the re- maining 0.4 hours accruing towards the allo- cated day off. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2491 (2) Shift Workers: (a) The ordinary hours of work of Shift Workers— (i) shall be an average of 38 per week to be worked on the basis of 152 hours within a work cycle not exceeding 28 consecutive days; (ii) shall be worked five days of not more than eight hours per day, Monday to Friday inclusive, with 0.4 of one hour of each day worked accruing as an en- titlement for an "allocated day off" in each 28-day cycle paid for as though worked; (iii) shall be worked consecutively each day except for an unpaid meal interval which shall be 30 minutes; (b) The first eight hours worked between 7.00 a.m. and 5.30 p.m. on Day Shift and between 3.30 p.m. and midnight on Afternoon Shift shall be deemed to be ordinary hours. The first 7.6 of these hours shall be paid at ordi- nary rates with the remaining 0.4 hours ac- cruing towards the allocated day off. (3) All Workers: (a) Subject to the provisions of this paragraph, one smoko/rest period of 15 minutes shall be allowed. The smoko/rest period shall be taken at a scheduled time or at such time as is mutually convenient (for example — dur- ing a break in the operation) and the time taken for such smoko/rest period shall be kept as close as practicable to 15 minutes, which extra time is time taken to travel to and from the mess. (b) The smoko/rest periods shall count as time worked without deduction of pay. (c) Where a worker commences work at 18 00 hours and the mid-shift meal break is taken at 20 30 hours, or thereabouts, no smoko/rest period shall be taken during the first part of the shift. (d) An additional 15 minutes smoko shall be al- lowed when 12-hour shifts are worked. 10.—Overtime. (1) All workers: (a) All time worked outside or in excess of eight hours each day, Monday to Friday inclusive, except where it is otherwise expressly pre- scribed, shall be paid at the rate of double time. (b) Work done on any day prescribed as a hol- iday under this Award shall be paid for at the rate of double time in addition to the prescription of Clause 14(6). (c) In computing overtime each day shall stand alone but when a worker works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day's work for the purpose of this clause. (2) All workers: (a) (i) A worker who, after leaving the job, re- turns by direction of his employer to work overtime is deemed to have been recalled whether notified before or after leaving the job, of the requirement to work. (ii) A worker recalled to work overtime shall be paid for at least four hours at the appropriate rate for each such oc- casion but except where subparagraph (iii) applies, not more than once in re- spect of any period of time. (iii) Where a worker works less than four hours overtime on a recall and the overtime is, except for a reasonable meal break, continuous with the com- mencement of his ordinary hours of work, he shall be paid for the recall in accordance with subparagraph (ii) with- out diminution of the payment due to him for his ordinary hours of work, but this subparagraph does not apply where the worker was notified of the require- ment to work before leaving the job on the previous day or earlier. (iv) Unless unforeseen circumstances arise, a worker recalled for a specific job shall not be required to work for the mini- mum period applicable to him if the job is completed in less time than that minimum period. (v) The provisions of this paragraph do not apply— (aa) where it is customary for a worker to return to perform a specific job outside his ordinary hours of work; or (bb) where the overtime worked is, except for a reasonable meal break, continuous with the completion of the ordinary hours of work. (b) (i) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that workers have at least 10 consecutive hours off duty be- tween the work of the successive days. (ii) Where the time worked by a worker on a recall is less than a minimum period applicable to him under paragraph (a) the time so worked shall not be re- garded as overtime for the purposes of this paragraph, but this subparagraph does not apply with respect to recalls within the 10 hour period immediately preceding the time at which the worker is to commence his ordinary hours of work if he is recalled on two or more oc- casions within that period and the overtime worked by him on the last of such occasions ends before that ordi- nary commencing time. (iii) A worker who by reason of working overtime has not had at least 10 con- secutive hours off duty after the termin- ation of his ordinary hours of work on any day shall not, unless specifically di- rected to do so by his employer, com- mence his ordinary hours of work on the next day until he has had 10 consecu- tive hours off duty. (iv) Where such a worker, pursuant to a specific direction by his employer, works in ordinary hours on any day without having had 10 consecutive hours off duty since the termination of his ordinary hours of work on the pre- ceding day, he shall be paid at the rate of double time for the ordinary hours so worked and shall, at the conclusion of such work, be given 10 consecutive hours off duty. (v) (aa) Where pursuant to the preceding provisions of this paragraph a worker is given 10 consecutive hours off duty, any ordinary hours of work falling within that period shall be deemed to be time worked at ordinary time rate. 2492 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (bb) If the ordinary hours of work fall- ing outside that rest period are two hours or less the worker is not re- quired to attend work but will be paid for those ordinary hours not worked. (c) Where a worker is called in to work on a Sunday or holiday as defined in Clause 14 (1) immediately preceding an ordinary working day, he shall, wherever reasonably practicable, be given 10 consecutive hours off duty before his usual starting time on the next day. If this is not practicable, then the provisions of subparagraphs (b) (iii) and (iv) shall apply mutatis mutandis. Provided that overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this subclause when the actual time worked is less than four hours on such recall or on each such recalls. (d) The provisions of this subclause shall apply in the case of shift workers who rotate from one shift to another, as if eight hours were substituted for 10 hours when overtime is worked— (i) for the purpose of changing shift ros- ters; or (ii) where a shift worker does not report for duty; or (iii) where a shift is worked by arrange- ment between the workers them- selves. (e) Where a worker undertakes to work overtime for a specific period or for the completion of a specified job he shall work in accordance with his undertaking unless prevented from doing so by illness, accident or injury. (f) A worker shall not be compelled to work for more than six hours without a break for a meal. Work carried out beyond the six hours shall be paid at penalty rates until the meal break is taken. (g) When a worker is required to hold himself in readiness for a call to work after ordinary hours he shall be paid at ordinary rates for the time or period that worker has been ad- vised to so hold himself in readiness. (h) Subject to the provisions of paragraph (i) of this subclause a worker required to work overtime for more than two hours shall be supplied with a meal by the employer or, at the worker's option, be paid $5.00 for a meal. If overtime continues the worker shall be supplied with additional meals or, at the worker's option, be paid $5.00 for such meals after each additional six hours of overtime worked. (i) The provisions of paragraph (h) of this subclause do not apply in respect of any period of overtime for which the worker has been notified on the previous day or earlier that he shall be required. (j) The provisions of this subclause do not op- erate so as to require payment of more than double time rates, or double time plus a day in lieu to be added to annual leave for a hol- iday prescribed in this Award. 11.—Shift Work. (1) The provisions of this clause apply to shift work. (2) Subject to the provisions of subclause (3) of this clause, an employer may work his establishment on shifts but before doing so shall give at least two days (48 hours) notice in writing of his intention to the Union and worker or workers concerned and of the intended starting and finishing times of scheduled working hours and ordinary hours of the respective shifts. (3) (a) Where any particular process is carried out on shifts other than day shift, and less than five con- secutive such shifts are worked on that process, then workers employed on such shifts shall be paid at overtime rates. (b) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or on any holiday or allocated day off. (4) Where a shift commences at or after 11.00 p.m. on any day, the whole of that shift shall be deemed, for the purpose of this Award to have been worked on the following day. (5) A shift worker shall, in addition to his ordinary rate, be paid per shift of eight hours $9.40 for the Afternoon Shift. (6) (a) When shiploading on Afternoon Shift is fin- ished and workers leave for home prior to 03 30 hours they shall re-commence work at the next following 15 30 hours. These workers shall then work through until the next following 01 00 hours. (b) When shiploading is completed and workers leave for home between 03 30 hours and 06 00 hours, they shall re-commence work at the next following 18 00 hours. (c) In the case of paragraph (b) of this subclause the Day Shift which commenced at 06 00 hours shall work through until the next following 18 00 hours. (7) Shift changeover shall take place between 18 00 hours Saturday to 06 00 hours Sunday but may take place at any time between 06 00 hours Saturday and 06 00 hours Monday. (8) No work shall be scheduled between 18 00 hours Saturday and 06 00 hours Sunday, and only emergency work shall be carried out between these hours. 12.—Essential Services. (1) During any dispute, essential services shall be provided by the Union party to this Award for water and brine movement related to the growing of salt. The labour requested by the employer for essential services shall be provided by the Union on a rostered basis. Persons so rostered must be current employees and fully qualified for the work assigned. (2) So long as essential and emergency services are provided, no persons, whether from inside or outside the Company and whether Salaried or Wages, shall be permitted to do work normally done exclusively by Leslie Salt Company personnel who are members of a Union party to this Award. 13.—Cyclone Shutdown. (1) (a) Subject to the provisions of this clause, and notwithstanding the provisions of Clause 6(1) to 6(8), where a stand-down occurs due to a cyclone, each worker shall be entitled to payment of ordinary hours which fall between the time of stand-down by the employer and until the "all clear" is posted. (b) Following the "all clear" each worker is re- quired to resume duty on his next rostered shift un- less the employer notifies him otherwise and a worker who does not present himself for work at such time is not entitled to any payment referred to in paragraph (a) above, except in the case of obvious personal hardship due to the effects of the cyclone. (c) A worker who, on any day during the cyclone shutdown, is required for work and is requested to do so by his employer and is not willing or available to work when so requested except in the case of obvious personal hardship due to the effects of the cyclone, is not entitled to payment for that day. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2493 (d) A worker who is required to work during a cyclone stand-down shall be paid at double time rate or rates applicable to him for time actually worked. 14.—Holidays. (1) The following days or the days observed in lieu thereof shall be allowed as holidays without loss of pay—namely: New Year's Day, Labour Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Port Hedland Cup Day, Queen's Birthday, Christmas Day and Boxing Day; provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause. (2) When any of the days mentioned in subclause (1) falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday, and where Boxing Day falls on a Sunday or Monday it shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday with- out deduction of pay and the day for which it is sub- stituted shall not be a holiday. (3) Any worker who absents himself from work on the working day following a day observed as a holiday pursuant to this clause is not entitled to payment for that holiday unless he satisfies his employer that he had a reasonable excuse for his absence. (4) No worker shall be compelled to work on a day observed as a holiday pursuant to this clause unless he is required for the provision of essential services. (5) For the purposes of subclause (4) above, ship- loading may be conducted on all holidays with the exception of Christmas Day and New Year's Day un- less previously agreed to between the employer and the workers. Liaison between the employer and workers shall take place to ensure ships scheduled on holidays shall be loaded. (6) Any worker who is required to, and does, work on a holiday shall be entitled to a day off in lieu of the day worked, at a time mutually convenient to the worker and to the employer. The day taken in lieu of the holiday which was worked may be added to the next annual holiday of the worker but such day does not attract the annual holiday loading of 20 per cent. 15.—Special Leave. (1) Compassionate Leave: (a) On application to the employer up to 10 days leave may be granted to the worker for compassionate reasons, and such leave shall be without deduction of pay for the period not exceeding the number of ordinary hours normally worked during the period of this leave. (b) Payment in respect of compassionate leave is to be made only where the worker otherwise would have been on duty and shall not be granted in any case where the worker concerned would have been off duty in accordance with any shift roster or on Long Service Leave, annual leave, sick leave, Workers' Compensation, leave without pay or on a holiday. (c) For the purpose of this clause the pay of a worker employed on shift work shall be deemed to include any usual shift allowance. (d) Where situations occur requiring an absence in excess of that allowed under paragraph (a) and there is no other leave accrued, special leave without pay shall not be re- fused. (e) The periods of leave entitlement under this subclause are subject to sufficient proof of the necessity being produced to the em- ployer by the worker. Should special unpaid leave be granted, such unpaid leave shall not break continuity of service. (2) Special Leave: (a) Provided there is no other leave accrued, special leave without pay should not be re- fused, provided that sufficient proof of the necessity is produced to the employer by the worker. (b) Should special unpaid leave be granted, such unpaid leave shall not break continuity of service. (3) Sports Leave: Sports representation leave, un- paid, shall be granted with the agreement of the em- ployer for the purpose of the worker attending a sports championship meeting as a team participant. Such leave up to five days per worker per year shall not break the worker's continuity of service with the employer. (4) Jury Service: Provided that a worker attempts to gain the maximum amount allowable • from the Crown Law Department, a worker required to attend for jury service shall be entitled to have his pay made up by the employer to equal his ordinary pay as for eight hours per day and service payments prescribed in Clause 23 of this Award whilst meeting this re- quirement. The worker shall give his employer proof of such attendance and the amount received in re- spect of such jury service. 16.—Annual Leave. (1) (a) Except as hereinafter provided a period of five consecutive weeks leave with payment as pre- scribed in paragraph (b) hereof shall be allowed an- nually to a worker by his employer after a period of 12 months continuous service with that employer. (b) (i) A worker before going on leave shall be paid the wages he would have received in respect of the ordinary time he would have worked had he not been on leave during the relevant period. (ii) Subject to paragraph (c) hereof a worker shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following:— (aa) the rate payable pursuant to Clause 21 of this Award; (bb) subject to paragraph (c) hereof the rate payable for work in ordi- nary time pursuant to Clause 11 of this Award. (c) During the period of annual leave a worker shall receive a loading of 20 per cent calcu- lated on the rate of wages prescribed by paragraph (b) hereof. Provided that where the worker would have received shift loadings pursuant to Clause 11, had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 20 per cent, then the shift loadings shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) hereof in lieu of the 20 per cent loading. Provided, further, that if the shift loadings would have entitled him to a lesser amount than the loading of 20 per cent then such loading of 20 per cent shall be added to the rate of wages prescribed by paragraph (b) but not including paragraph (b) (ii) (bb) hereof in lieu of the shift loadings. The loading prescribed by this subclause shall not apply to proportionate leave on termination. (2) If any Award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordi- nary working day, that day shall be added to the period of leave. 2494 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (3) (a) If after one month's continuous service in any qualifying period a worker lawfully leaves his employment or his employment is terminated by his employer through no fault of the worker, the worker shall be paid l/12th of his annual leave entitlement at the rate prescribed by subclause (1) (b) of this clause for each completed month of continuous ser- vice in that qualifying period. (b) In addition to any payment to which he may be entitled under paragraph (a) of this subclause a worker whose employment terminates after he has completed a 12 months qualifying period and who has not been allowed the leave prescribed under this Award in respect of that qualifying period shall be given payment in lieu of that leave or, in the case to which subclause (6) of this clause applies, in lieu of so much of that leave as has not been allowed, unless— (i) he has been justifiably dismissed for miscon- duct; and (ii) the misconduct for which he has been dis- missed occurred prior to the completion of that qualifying period. (4) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay, or workers' compensation pay or time spent on holidays or annual leave as prescribed by this Award shall not count for the purpose of de- termining his right to annual leave. (5) In special circumstances and by mutual consent of the employer and the worker, annual leave may be taken in not more than two periods but neither of such periods shall be less than one week. (6) (a) Subject to the provisions of this subclause a worker who, during a period of annual leave, is con- fined to hospital for seven consecutive days or more as a result of personal sickness or injury is entitled to claim payment under Clause 18.—Sick Leave in lieu of payment for annual leave for all or part of the period of confinement. (b) A claim under paragraph (a)— (i) may not exceed the period of sick leave to which the worker was then entitled; (ii) shall be made within 14 days of the worker resuming work after his leave; (iii) shall be supported by a certificate from a qualified medical practitioner as to the period of hospitalization; (iv) shall not include the 20 per cent annual leave loading; (v) shall, if the foregoing conditions are satis- fied, be granted. (c) Where a worker is paid for a period of confine- ment under this subclause he is entitled to a period of annual leave equivalent to the ordinary hours so paid which shall be taken no later than with his next annual leave or paid for if his service ends before that leave is taken. (7) (a) Subject to the provisions of paragraph (b) a worker who desires to accumulate annual leave for a period of two years may do so if he so notifies his em- ployer in writing prior to the commencement of the second 12-month qualifying period. (b) The maximum amount of leave that may be carried forward under paragraph (a) is five weeks and no more than 10 weeks leave may be taken at any one time. (8) (a) An employee who proceeds on annual leave is entitled to holiday leave travel assistance in ac- cordance with and subject to the following provisions of this subclause, but only if his contract of employ- ment continues or is continued after the leave is com- pleted. (b) (i) Subject to the provision of (a) of this subclause an employee who proceeds on annual leave for one week or more shall be entitled to holiday travel assistance equiv- alent to the cost of an economy class re- turn air fare to Perth for each complete year provided such assistance may only be claimed in respect of travel to and from the employee's place of engagement in that year and further provided that the assistance may only be claimed in the form of an air ticket or reimbursement of actual travel costs up to the value of a re- turn economy class air ticket. (ii) Where the employee is a married em- ployee whose spouse and dependants re- side with him/her in the area of his/her employment, the spouse and each de- pendant, in their own independent right, shall be entitled to holiday travel assist- ance, in respect of any one completed year of the employee, of the equivalent cost at the date of travel, of one return air fare each. Dependants over three years and under 16 years, unless the dependant over 16 years is a bona fide full time student, shall be entitled to these provisions. Pro- vided neither the spouse nor dependants receive travel assistance from any other employer. (c) (i) Where an employee takes leave in ad- vance, after a minimum of six months ser- vice in that leave year, the employee may claim up to 50 per cent of the entitlement for that year. (ii) Where an employee has completed six months service in any leave year, his de- pendants as defined in (8)(b)(ii) may claim up to 50 per cent of the entitlement for that year. (d) An employee is not entitled to the benefits of this subclause both as an employee and as the spouse of an employee. (e) Where an employee who has been granted travel assistance under this subclause in respect of a period of annual leave fails to resume work with the employer upon completion of that leave, the em- ployer may deduct from any moneys due to the em- ployee the cost of such assistance unless he is satis- fied that there were good and sufficient reasons which prevented the employee from so resuming. (f) Holiday leave travel assistance may only be granted or claimed in respect of approved rec- reational leave and for no other purpose. (g) An employee shall give at least one month's no- tice of his intention to claim travel assistance. 17.—Long Service Leave. A. Right to Leave. A worker shall, as herein provided, be entitled to leave with pay in respect of long service. B. Long Service. (1) The long service which shall entitle a worker to such leave shall, subject as herein provided, be con- tinuous service with one and the same employer. (2) Such service shall include all continuous service irrespective of age. (3) (a) Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called "the transmittor") to another employer (herein called "the transmittee") and a worker who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee—the period of the continuous service which the worker has had with the transmittor (including such service with any prior transmittor) shall be deemed to be service of the worker with the transmittee. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2495 (b) In this subclause "transmission" includes transfer, conveyance, assignment or succession whether voluntary or by agreement or by operation of law and "transmitted" has a corresponding meaning. (4) Where, over a continuous period, a worker has been employed by two or more companies each of which is a related company within the meaning of section 6 of the Companies Act 1961 the period of the continuous service which the worker has had with each of those companies shall be deemed to be ser- vice of the worker with the company by whom he is last employed. Section 6 reads— (1) For the purposes of this Act, a corporation shall, subject to the provisions of subsection (3) of this section, be deemed to be a subsidiary of another corporation, if, (a) that other corporation— (i) controls the composition of the board of directors of the first mentioned corporation; (ii) controls more than half of the voting power in the first men- tioned corporation; or (iii) holds more than half of the issued share capital of the first mentioned corporation excluding any part thereof which carries no right to participate beyond a specified amount in a distri- bution of either profits or capital; or (b) the first mentioned corporation is a subsidiary of any corporation which is that other corporation's subsidiary, (2) For the purpose of subsection (1) of this section, the composition of a corporation's board of directors shall be deemed to be controlled by another corporation if that other corporation by the exercise of some power exercisable by it without the consent or concurrence of any other person can appoint or remove all or a majority of the directors; and for the purposes of this pro- vision that other corporation shall be deemed to have power to make such an appointment if— (a) a person cannot be appointed as a direc- tor without the exercise in his favour by that other corporation of such a power; or (b) a person's appointment as a director follows necessarily from his being a di- rector or other officer of that other cor- poration. (3) In determining whether one corporation is subsidiary of another corporation— (a) any shares held or power exercisable by that other corporation in a fiduciary ca- pacity shall be treated as not held or ex- ercisable by it; (b) subject to paragraphs (c) and (d) of this subsection, any shares held or power ex- ercisable— (i) by any person as a nominee for that other corporation (except where that other corporation is concerned only in a fiduciary ca- pacity); or (ii) by, or by a nominee for, a sub- sidiary of that other corporation, not being a subsidiary which is concerned only in a fiduciary ca- pacity; shall be treated as held or exercisable by that other corporation; (c) any shares held or power exercisable by any person by virtue of the provisions of any debentures of the first mentioned corporation or of a trust deed for securing any issue of such debentures shall be disregarded; and (d) any shares held or power exercisable by, or by a nominee for, that other corpor- ation or its subsidiary (not being held or exercisable as mentioned in paragraph (c) of this subsection) shall be treated as not held or exercisable by that other corporation if the ordinary business of that other corporation or its subsidiary, as the case may be, includes the lending of money and the shares are held or power is so exercisable by way of secur- ity only for the purposes of a transaction entered into in the ordinary course of that business. (4) A reference to this Act to the holding company of a company or other corporation shall be read as a reference to a corporation of which that last mentioned company or corporation is a subsidiary. (5) Where a corporation— (a) is the holding company of another cor- poration; (b) is a subsidiary of another corporation; (c) is a subsidiary of the holding company of another corporation, that first mentioned corporation and that other corporation shall for the purposes of this Act be deemed to be related to each other. (5) Such service shall include— (a) any period of absence from duty on any annual leave; (b) any period of absence from duty necessi- tated by sickness of or injury to the worker but only to the extent of 15 working days in any year of his employment; (c) any period following any termination of the employment by the employer if such termin- ation has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any award in respect of annual leave; (d) any period during which the service of the worker was or is interrupted by service— (i) as a member of the Naval, Military or Air Forces of the Commonwealth of Australia other than as a member of the British Commonwealth Occu- pation Forces in Japan and other than as a member of the Permanent Forces of the Commonwealth of Aus- tralia except in the circumstances referred to in section 31 (2) of the De- fence Act, 1903-1956, and except in Korea or Malaya after 26th June, 1950; (ii) as a member of the Civil Construction Corps established under the National Security Act, 1939-1946; (iii) in any of the Armed Forces under the National Service Act, 1951 (as amended). Provided that the worker as soon as reasonably practicable on the completion of any such service resumed or resumes em- ployment with the employer by whom he was employed immediately before the com- mencement of such service. 2496 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (6) Service shall be deemed to be continuous notwithstanding— (a) the transmission of a business as referred to in paragraph (3) of this subclause; (b) the employment with related companies as referred to in paragraph (4) of this subclause; (c) any interruption of a class referred to in paragraph (5) of this subclause; (d) any termination of the employment by the employer on any ground other than slack- ness of trade if the worker be re-employed by the same employer within a period not exceeding two months from the date of such termination; (e) any termination of the employment by the employer on the ground of slackness of trade if the worker is re-employed by the same employer within a period not exceeding six months from the date of such termination; (f) any absence from duty after the coming into operation of this clause by reason of any cause not specified in this clause unless the employer, during the absence or within 14 days of the termination of the absence notifies the worker in writing that such ab- sence will be regarded as having broken the continuity of service, which notice may be given by delivery to the worker personally or by posting it by registered mail to his last recorded address, in which case it shall be deemed to have reached him in due course of post. Provided that the period of absence from duty or the period of any interruption referred to in placita (d) to (f) inclusive of this paragraph shall not (except as set out in paragraph (5) of this subclause) count as service. C. Period of Leave. (1) The leave to which a worker shall be entitled or deemed to be entitled is GU weeks for each five years continuous service, provided that— (a) no entitlement arises or is deemed to arise until the worker has completed five years continuous service; (b) leave may be taken in not more than two periods; (c) except in special circumstances approved by the employer no period shall be less than three weeks. (2) Leave taken pursuant to Clause (1) does not count as service for long service leave purposes but does not break the continuity of service. (3) A worker who completes 10 years continuous service and remains in the service of the employer shall, for the purpose of accruing further en- titlements to leave under this clause, be deemed to have commenced a new period of engagement on the day following the completion of that 10 years of ser- vice. (4) Where a worker is entitled to leave under the preceding provisions of this clause and his employ- ment is terminated— (a) by his death; or (b) in any circumstances otherwise than by his employer for serious misconduct; he shall be deemed to have commenced that leave immediately prior to such termination. D. Payment for Period of Leave. (1) A worker who proceeds on or is deemed to have commenced long service leave shall be paid for the period of the leave the wage prescribed in the wages schedule and applicable to him immediately prior to the commencement of the leave together with such service pay as applies to him under Clause 23 and a worker who resumes employment with the same em- ployer immediately following that leave shall then be paid a loading of 17 V-i per cent of the ordinary wage prescribed in the wages schedule for the period of that leave. E. Taking Leave. (1) In a case to which placita (a) and (b) of para- graph (4) of subclause C. apply— (a) leave shall be granted and taken as soon as reasonably practicable after the right thereto accrues due or at such time or times as may be agreed between the employer and the worker or in the absence of such agree- ment at such time or times as may be deter- mined by the Board of Reference having re- gard to the needs of the employer's estab- lishment and the worker's circumstances. (b) except where the time for taking leave is agreed to by the employer and the worker or determined by the Board of Reference the employer shall give to a worker at least one month's notice of the date from which his leave is to be taken. (c) any leave shall be inclusive of any public holidays specified in this Award occurring during the period when the leave is taken but shall not be inclusive of any annual leave. (d) payment shall be made in one of the follow- ing ways:— (i) in full before the worker goes on leave; (ii) at the same time as his wages would have been paid to him if the worker had remained at work, in which case payment shall, if the worker in writing so requires, be made by cheque posted to an address specified by the worker; or (iii) in any other way agreed between the employer and the worker. (e) No worker shall, during any period when he is on leave, engage in any employment for hire or reward in substitution for the em- ployment from which he is on leave, and if a worker breaches this provision he shall thereupon forfeit his right to leave hereunder in respect of the unexpired period of leave upon which he has entered, and the employer shall be entitled to with- hold any further payment in respect of the period and to reclaim any payments already made on account of such period of leave. (2) In the case to which paragraph (4) of subclause C. applies and in any case in which the employment of the worker who has become entitled to leave hereunder is terminated before such leave is taken or fully taken the employer shall, upon termination of his employment otherwise than by death pay to the worker, and upon termination of employment by death pay to the personal representative of the worker upon request by the personal representative, a sum equivalent to the amount which would have been payable in respect of the period of leave to which he is entitled or deemed to have been entitled and which would have been taken but for such ter- mination. Such payment shall be deemed to have sat- isfied the obligation of the employer in respect of leave hereunder. F. Granting Leave in Advance and Benefits to be Brought into Account. (1) The employer may by agreement with a worker allow leave to such a worker before the right thereto has accrued due, but where leave is taken in such case the worker shall not become entitled to any further leave hereunder in respect of any period until after the expiration of the period in respect of which such leave had been taken before it accrued due. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2497 (2) Where leave has been granted to a worker pur- suant to the preceding paragraph before the right thereto has accrued due, and the employment sub- sequently is terminated, the employer may deduct from whatever remuneration is payable upon the ter- mination of the employment such amount as rep- resents payment for any period for which the worker has been granted long service leave to which he was not at the date of termination of his employment or prior thereto entitled. G. Records to be Kept. (1) Each employer shall, during the employment and for a period of 12 months thereafter, or in the case of termination by death of the worker for a period of three years thereafter, keep a record from which can be readily ascertained the name of each worker, and his occupation, the date of the com- mencement of his employment and his entitlement to long service leave and any leave which may have been granted to him or in respect of which payment may have been made hereunder. (2) Such record shall be open for inspection in the manner and circumstances prescribed by this Award with respect to the time and wages record. H. Board of Reference. (1) There shall be constituted a Board of Reference for the purpose hereof to which all disputes and mat- ters arising hereunder shall be referred and the Board shall determine all such disputes and matters. (2) There shall be assigned to such Board the functions of— (a) the settlement of disputes of any matters arising hereunder; (b) the determination of such matters as are specifically assigned to it hereunder. (3) The Board of Reference shall consist of one representative or substitute therefor nominated from time to time by the Australian Mines and Metals As- sociation (Incorporated) and one representative or substitute nominated from time to time by the Trades and Labor Council of Western Australia together with a chairman to be mutually agreed upon by the organisations named in this paragraph. I. Exemptions. The Board of Reference may subject to such con- ditions as it thinks fit exempt the employer from the provisions hereof in respect of its employees where there is an existing or prospective long service scheme which, in its opinion, is, viewed as a whole, more favourable for the whole of the employees of that employer than the provision hereof. 18.—Sick Leave. (1) Subject as hereinafter provided a worker shall be entitled to payment for non-attendance on the grounds of personal ill-health— (a) for not more than 40 hours during his first year of service; and (b) for not more than 60 hours in his second and subsequent years of service. Payment hereunder may be adjusted at the end of each calendar year or at the time the worker leaves the service of the employer in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act. (2) No worker shall be entitled to the benefits of this clause unless he produces proof satisfactory to his employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for 3 days or more. (3) A worker to be entitled to payment for non-at- tendance on the ground of personal ill-health shall, as soon as reasonably practicable and, where possible, before the shift commences, notify the employer of his inability to attend for work, the nature of his sick- ness (so far as is practicable) and the estimated dur- ation of the absence. (4) Notwithstanding the provisions of subclause (2) of this clause a worker who is absent through sickness for one day only or less shall not be entitled to pay- ment for non-attendance on the ground of personal ill-health if in the year he has already been allowed sick leave on more than one occasion for one day only or less unless he produces to the employer, if he be requested so to do, a medical certificate to the effect that he was unable to attend for work on that day by reason of sickness. (5) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been al- lowed to any worker by his employer as paid sick leave may be claimed by the worker, and subject to the conditions hereinbefore prescribed, shall be al- lowed by his employer in any subsequent year with- out diminution of the sick leave prescribed in respect of that year. (6) The employer shall obtain protection for its employees through an insurance broker or insurance company and subject to th6 worker's claim being bona fide then certain benefits shall be payable. (a) Insured Event Benefit Payable (i) Accidental death $30 000.00 (ii) Loss of 2 limbs or $15 000.00 2 eyes or an eye and a limb (iii) Loss of 1 eye or $7 500.00 limb (iv) Loss of thumb or $1 500.00 index finger (v) Temporary total $200.00 per week or the disablement as a wages specified for the result of accident worker's classification in Clause 21 of this Award, whichever is the higher. (vi) In the event of $50.00 per week temporary partial disablement of a worker as a result of an accident necessitating re- classification to a lower classifi- cation (vii) Temporary total $200.00 per week or disablement aris- wages specified for the ing from illness worker's classification in Clause 21 of this Award, whichever is the higher. (b) Weekly benefits for each employee for any one accident are payable for 104 weeks. (c) Weekly benefits in respect of each employee arising from illness are payable for 52 weeks for any one illness. (d) (i) No claim may be made under this pol- icy where the absence is less than seven consecutive days. (ii) In the event of accident or illness being not less than seven days the worker shall firstly claim any unused sick pay. He shall then be entitled to receive ben- efits under the scheme from the date of expiration of his sick leave entitlement. (6) (e) The insurance applies 24 hours per day seven days per week whilst the em- ployee is on the payroll of the employer, (f) The amount of any benefit payable is reduced by the amount of any workers' compensation or sick leave payment re- ceived by the employee. 2498 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 19.—Leave for Union Training. (1) Upon application to the employer by an ac- credited Union representative a total of 10 man-days per calendar year may be allowed without loss of or- dinary hours of pay for the purpose of Union mem- bers attending approved training courses or seminars. (2) The total of 10 man-days applies to each Union party to this Award. (3) Any time so spent shall not break the worker's continuity of service with the employer. 20.—Training and Promotion. The employer recognises the expressed wishes of the workers for job opportunities to be made available to current employees. The employer shall give first choice of jobs in higher classifications to current employees after taking into account, but not being limited to, the following considerations:— (i) length of service; (ii) desire for upgrading by the worker; (iii) aptitude. 21.—Wages. (1) The weekly rates of pay under the provisions of this Award shall be:— Classification $ Boilermaker (who is also required to mark-out) 310.20 Boilermaker 308.60 Fitter and Turner 308.60 Fitter—Mixed Plant 308.60 Fitter—Heavy Duty—Diesel 308.60 Electrical Fitter 308.60 Serviceman 288.90 Tool and Material Storeman 283.90 Machinist—Second Class 283.90 Trades Assistant 275.90 Mobile Equipment Operator Grade 2 295.80 Mobile Equipment Operator Grade 1 291.20 Process Operator Grade 2 274.00 Process Operator Grade 1 268.40 General Hand 250.80 (2) Leading Hand: In addition to the wage pre- scribed in subclause (1) of this clause a Leading Hand shall be paid— $ (i) if placed in charge of not less than three and not more than 10 other workers 12.60 (ii) if placed in charge of more than 10 and not more than 20 other workers.. 19.30 (3) A temporary worker shall be paid 5 per cent of the ordinary rate in addition to the wage he is otherwise entitled to for the calling in which he is employed. (4) (a) All tradesmen shall be required to provide themselves with an adequate kit of tools. This kit of tools shall be as agreed upon between the Unions and the employer. (b) A tool allowance of $8.40 flat per week shall be paid to compensate tradesmen for wear, tear, loss and damage of their kit of tools. Should tools be lost or damaged through no fault of the tradesman con- cerned, the circumstances shall be reviewed and if the claim is justified tools shall be replaced at the employer's expense. (5) A tradesman with one year's job experience with Leslie Salt Company shall be paid an allowance of $5.20 flat per week which shall be increased to $9.50 flat per week after two years job experience with the Company. (6) The allowances prescribed in paragraphs (4)(b) and (5) of this clause are to be paid for five days worked in any week and shall be paid pro rata down- wards if less than five days are worked. (7) The weekly rates of pay shall be increased by $6.50 for Tradesmen and by $6.25 for all other classi- fications each three months and the increase shall apply from the first pay period commencing on or after 15th October, 1982, 15th January, 1983, 15th April, 1983, 15th July, 1983, 15th October, 1983, 15th January, 1984 and 15th April, 1984, provided that should the Western Australian Industrial Com- mission reinstitute wage indexation, such indexation shall not apply during the term of this Award. 22.—District and Site Allowances. (1) Subject to the provisions of subclause (3) in ad- dition to the wages prescribed in Clause 21 an allow- ance shall be paid at the rates set out below, to each worker employed in the following area:— Within that area of the State situated between Latitude 24° and a line running east from Carnot Bay to the Northern Territory Bor- der—$20.00. (2) The above allowance covers a week, whether five, six or seven days. For periods of less than five days, one-seventh of the above shall be payable for each day or part thereof; provided, however, that a worker who has worked at least one-half of a week shall be given the benefit of Sunday in the calcu- lation of District Allowance. (3) A worker living in a mess or camp provided by the employer free of charge to a worker shall be paid half the rates prescribed in subclause (1) of this clause. (4) Should any change in circumstances arise af- fecting the basis of District Allowance then parties to this Award shall have the liberty to apply for an amendment to this clause. (5) A Site Allowance of $18.00 flat per week shall be paid to all workers. This allowance shall be paid for any five days worked in a week and shall be paid pro rata downwards if less than five days are worked. (6) The payments prescribed in this clause are payble for the ordinary hours 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 dur- ing annual leave, public holidays, paid sick leave, paid special leave and Long Service Leave. 23.—Service Payments. (1) Subject to the provisions of this clause each worker shall, in addition to payments otherwise due to him under this Award, be paid service pay as fol- lows:— After 6 months continuous service 14.00 After 12 months continuous service 18.00 After 18 months continuous service 21.00 After 24 months continuous service 25.00 After 36 months continuous service 28.00 After 48 months continuous service 30.00 After 60 months continuous service 32.00 After 72 months continuous service 34.00 (2) "Continuous Service" has the same meaning as in the Long Service Leave provisions. (3) The payments prescribed in this clause are pay- able for the ordinary hours 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 dur- ing annual leave, public holidays, paid sick leave, paid special leave and Long Service Leave. 27th October, 1982.J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2499 (4) Payments under this clause are to be paid for five days worked in any week and shall be paid pro rata downwards if less than five days are worked. (5) This clause does not apply to apprentices. 24.—Special Rates and Provisions. (1) Height Money: A worker shall be paid an allow- ance of $1.10 for each day on which he works at a height of 15.5 metres or more above the nearest hori- zontal plane, but this provision does not apply to linesmen or to riggers and splicers. (2) Dirty Money. A worker shall be paid an allow- ance of 35 cents per hour when engaged on work of an unusually dirty nature where clothes are necessarily unduly soiled or damaged by the work done. (3) Confined Space: A worker shall be paid an al- lowance of 45 cents per hour when, because of the di- mensions of the compartment or space in which he is working he is required to work in a stooped or otherwise cramped position or without proper venti- lation. (4) (a) Sandblasting: A worker who is required to perform sandblasting shall be paid an allowance of 35 cents per hour. (b) Epoxy Painting: A worker who is required to use epoxy paint shall be paid an allowance of 35 cents per hour. (c) A worker engaged during ordinary hours and/or overtime for more than a total of four hours on any one day or shift performing sandblasting and/or epoxy painting shall be paid an allowance of 35 cents per hour for the whole day or shift. (d) Painting: A worker assigned to painting duties shall be paid an allowance of 15 cents per hour. (e) Toxic Substances: (i) A worker who is required to use toxic or other substances or materials which if used incorrectly are likely to constitute a health hazard, shall be informed by his employer of the hazards involved and instructed in the procedures which must be observed in the use of such substances or materials. (ii) A worker using such substances or materials shall be provided with and use any protec- tive equipment prescribed or recommended, and shall observe the required procedures. (iii) A worker who is required to wear a respir- ator or similar approved protective equip- ment when working with toxic or hazardous substances shall be paid an allowance of 35 cents per hour. (5) Percussion Implements: A worker required to use a percussion jackhammer of 40 kilogram mass or more will, in addition to any other entitlement, be paid 30 cents per hour for each hour so worked by him with that jackhammer. (6) A worker who is required to work from a ladder shall be provided with an assistant on the ground where it is reasonably necessary for the worker's safety. (7) Protective Equipment: (a) The employer shall have available a suf- ficient supply of protective equipment (as for example—helmets, goggles (including anti-flash goggles), glasses, gloves, mitts, aprons, sleeves, leggings, gumboots, ear pro- tectors, waterproof clothing or other ef- ficient substitutes thereof) for the use by his workers when engaged on work for which some protective equipment is reasonably necessary. (b) A worker shall sign an acknowledgement when he receives any article of protective equipment and shall return that article to the employer when he is finished using it or on leaving his employment. (c) A worker to whom an article of protective equipment has been issued shall not lend that article to another worker and if he does he shall remain responsible for that protec- tive equipment. (d) Before helmets, goggles, glasses or gloves or any such substitutes which have been used by a worker are re-issued by the employer to another worker, they shall be effectively sterilized. (e) Adequate safety gear (including insulating gloves, mats and/or shields where necessary) shall be provided by the employer for workers required to work on live electrical equipment. (f) During the time any article of protective equipment or hand tool is on issue to the worker he shall be responsible for any loss or damage thereto, fair wear and tear attribu- table to ordinary use excepted, but he shall not be responsible for any loss attributable to the employer's failure to provide adequate lock-up facilities. (g) A worker who is required to operate sand- blasting equipment shall be issued with overalls and individual sandblasting head- gear, unless adequately sterilized headgear is available. (8) First Aid Certificate: (a) A worker who is the holder of a current St. John Ambulance First Aid Certificate shall be paid an allowance at the rate of $5.00 per week. (b) This allowance is payable only for actual at- tendance at work and is not payable for any period of absences, approved or unapproved. (c) A worker shall have refunded to him by the employer the Course fees incurred in ob- taining the above First Aid Certificate if the certificate has been obtained subsequent to the effective date of this Award. (9) Safety Footwear: (a) Each worker shall be issued free of charge with no more than two pairs of safety foot- wear during each year of service. (b) In the event an employee terminates his em- ployment prior to six months of service after receiving the issue, he shall pay to the em- ployer half the cost of his safety footwear issue. (c) A worker who requires more than two pairs of safety footwear in any year may purchase such additional footwear at cost price to the employer. (d) Safety footwear shall be worn during all time on duty. (10) Clothing: (a) The employer shall provide each employee with three sets of work clothes at the com- mencement of each year of service. Each set of clothes to comprise—a shirt and pair of shorts or trousers. Should overalls be pre- ferred, one set of overalls shall be classified as one set of work clothes. (b) In the event an employee terminates his em- ployment prior to six months of service after receiving the issue, he shall pay to the em- ployer half the cost of his clothing issue. 2500 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (11) (a) In respect of employees regularly assigned mto the Harvest area, the Company shall provide re- placement thermos flasks and crib size eskys on pres- entation of the unserviceable unit, fair wear and tear excepted. (b) Employees occasionally assigned to the Harvest or other production areas away from a recognised mess shall be provided with a loan thermos and esky whilst so engaged. (12) A "smoko" allowance of 35 cents per shift worked shall be paid to all workers. (13) Convenience Facilities: The following facilities shall be provided at the site of the Harvest— (a) a First Aid Kit; (b) a two-way radio in the Harvest prime-mover and/or the Grader. (14) A Trades Assistant who is required to set up and operate a radial drill, pedestal drill or power hacksaw shall be paid Machinist—Second Class rate as set out in Clause 21(1) of this Award. (15) Electrician's Licence applies to an— Electrician Special Class Electrical Fitter and/or Armature Winder Electrical Installer who holds an "A" or "B" Grade Licence and who may be required to use that licence during the course of his employment shall be paid an allowance of $9.90 flat per week. 25.—Time and Wages Record. (1) The employer shall make and keep a record or records showing:— (a) the name, address, date of birth and classifi- cation of each worker; (b) the starting and finishing times on each day; (c) the hours worked; (d) the wages and overtime (if any) and allow- ances paid: (e) deductions; (f) leave paid and accrued. (2) The time and wages record shall be open for in- spection by a duly accredited official of the Union during the usual office hours at the employer's office or other convenient place and he shall be allowed to take extracts therfrom. The employer's works shall be deemed to be a convenient place for the purpose of this subclause and if for any reason the record is not available at the works when the official calls to inspect it, it shall be made available for inspection within 12 hours either at the employer's office or at the works. (3) Any system of automatic recording by machines shall be deemed to be a record for the purposes of this clause. 26.—Payment of Wages. (1) Wages shall be paid fortnightly and shall, if the worker so requests, be paid into a bank account nominated by him but may otherwise, at the em- ployer's option, be paid in cash or by cheque. (2) At or before the time at which the worker re- ceives his wages he shall be issued with a slip showing the gross amount of wages and allowances due to him, all deductions therefrom, the total number of hours worked by him, including the number of overtime hours and the rate at which such overtime has been paid. (3) Any error in the compilation of a worker's pay shall, at his request, be adjusted within 48 hours of the time at which he makes the request, Saturdays, Sundays and holidays excepted. Worker-caused er- rors shall be adjusted in the next following pay. (4) All moneys due to a worker on the termination of his employment shalll be paid to him within one hour of his presenting his final clearance to the Pay Office unless he presents that clearance less than one hour before the normal time of closing of that office, in which case such moneys shall be paid to him within one hour of the opening of that office on the next following working day. (5) A worker, when about to proceed on annual leave under this Award, may request that the en- titlements otherwise due to be paid to him immedi- ately preceding the commencement of leave, be available to him up to two normal working days be- fore that time. In such circumstances he shall be paid accordingly less the payment otherwise due in re- spect to those two days. 27.—Posting of Notices. (1) The employer shall keep a copy of the Award posted in a place where it may readily and con- veniently be seen by the workers to whom it applies. (2) The employer shall provide glass-fronted No- tice Boards at suitable locations for the posting of Union notices and may remove any notice which is not signed by an official of any Union party to this Award or by a Shop Steward of the Union. 28.—Union Officials. (1) On notifying the employer or his representa- tive, an accredited representative of the Union shall be permitted to interview a worker during the recog- nised meal break or at some other time agreed by the Company, on the business premises of the employer. (2) In the case of a disagreement existing or antici- pated concerning any of the provisions of this Award an accredited representative of the Union, on notify- ing the employer or his representative, shall be per- mitted to enter the business premises of the employer to discuss the subject of any such disagree- ment but shall not interfere in any way with the carrying out of work. 29.—Industrial Relations Procedure. (1) To facilitate the remedying of any grievance or the settlement of any dispute, the following pro- cedure shall apply:— (a) The worker concerned shall firstly present the grievance to the Supervisor or the worker's immediate superior on the written grievance form and may if he so desires re- quest that his Shop Steward be present at that time; (b) The parties at this level shall make every endeavour to resolve the problem satisfac- torily within one hour but failing satisfac- tory resolution, the Shop Steward may then discuss the matter with an officer nomi- nated by the employer to deal with such matters on site; (c) The officer referred to in paragraph (b) shall, within 48 hours of discussing a griev- ance with a Shop Steward (Saturdays, Sundays and holidays excepted), advise the Shop Steward, and such advice may be in writing, of the employer's decision on the matter. Provided that discussions have been held on the matter and where a longer period than 48 hours is necessary for a de- cision to be made, the employer's decision shall be conveyed to the Shop Steward within the agreed time; (d) If the matter is not resolved by the foregoing discussions, the Shop Steward shall notify the full-time official of his Union, and shall then leave the conduct of negotiations in the hands of the Union; 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2501 (e) Where a matter has been referred to the Union by the Shop Steward, the Union shall promptly take all steps necessary under its rules and under the Industrial Arbitration Act, to resolve the matter; (f) (i) where the matter has not been resolved within seven days of being referred to the Union, either party may apply to the Commission for a Board of Reference to resolve the matter, (ii) subparagraph (i) above does not pre- vent either party from applying to the Commission within the seven day period stated in that paragraph. (2) A Shop Steward shall not leave his place of work to investigate any matter, or to discuss any mat- ter with the employer's representative, unless on each occasion he first obtains permission to do so from his Supervisor. Such permission shall not be unreasonably withheld when applied for. (3) Provided that the Shop Steward is satisfied that meaningful and genuine consideration is being given to the problem by the employer, he shall not during working hours call or hold any meeting of the workers concerned with any grievance or dispute and work shall continue normally without any bans or limitations being imposed while the above pro- cedures are being carried out. (4) Should a grievance necessitate the worker con- cerned to have access to his personal file, the em- ployer shall make that file available to him on re- quest during normal office hours Monday to Friday. (5) Regular industrial relations meetings shall be held between the Shop Stewards and the employer to discuss industrial problems and matters concerning the workers, and such meetings shall take place bi- monthly on a day to be agreed upon. Attendance at such meetings shall be without loss of pay for normal rostered hours for the Shop Stewards. Wherever possible, an agenda shall be distributed at least one week in advance of such meetings. (6) Where any Shop Steward is off duty (not being on strike) and in that capacity is called in by the em- ployer, he shall be paid at ordinary time rates for the time involved. (7) The Combined Union Council comprising four Shop Stewards employed by Leslie Salt Company shall be allowed two hours without loss of pay to at- tend bi-monthly meetings of that Council. (8) Each month time shall be allowed for the Union to hold a meeting and the time spent in attending those meetings shall be paid for, up to a maximum of 45 minutes, at ordinary time rates. Each meeting shall be agreed between the employer and the Union at least one day in advance and shall be held at a time convenient to the employer. This time is not cumulative from month to month. (9) Upon application to the employer by an ac- credited Union representative a total of 32 hours per calendar year shall be allowed without loss of ordi- nary hours of pay for the purpose of one worker to at- tend the A.W.U. Pilbara/Kimberley meetings, should an employee of Leslie Salt Company be elected to this Committee. 30.—Board of Reference. (1) The Commission hereby appoints for the pur- poses of this Award a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to regulation 16 of the Industrial Commission Regulations, 1980. (2) The Board of Reference is hereby assigned the function of determining any dispute between the par- ties in relation to any matter which, under this Award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference. 31.—Travelling to and from Work. (1) (a) Transport provided will be bus transport to and from work. Whilst workers continue to reason- ably utilize this transport they shall be permitted to do so at no cost to themselves. (b) No claim in respect of travelling costs shall be accepted by the employer in respect to those workers who elect to travel to and from work in other than the employer-provided transport. (c) The provided transportation shall operate on designated routes and at designated times as an- nounced by the employer from time to time. (d) It is the responsibility of all workers to ensure that they are at the designated bus pick-up points at the designated times. (2) (a) When requested, and at least 24 hours in advance, the employer may, at its discretion, provide specific transportation for a group of workers to at- tend a specified meeting. (b) Consideration may be given by the employer to such requests at less than 24 hours in extenuating cir- cumstances. 32.—Redundancy. The provision of this clause shall apply in the event of the employer making any worker redundant. For the purpose of this clause redundant shall be defined as meaning the dismissing of a worker for reasons other than misconduct and it shall be deemed to include dismissals for or arising out of merger, take-over or re-organisation of work and/or production. (a) Before any notice of redundancy is issued, the employer shall inform the Secretary of the Union concerned that redundancies are being contemplated, the reasons for them, the numbers, name and classifications of the workers likely to be involved and the pro- posed order of redundancy. (b) In any discussions between the Union and the employer or before the Western Aus- tralian Industrial Commission, as the case may be, the following guidelines shall be ob- served:— (i) any worker wishing to be made redundant by volunteering shall be dismissed first, providing that he shall be entitled to the same redundancy benefits as other workers; (ii) no other dismissals, relevant to this clause, shall occur until all accrued annual leave and/or long service leave entitlements have been taken by the workers so entitled, unless otherwise agreed by the parties; (iii) all workers above retiring age shall be the first to be dismissed. Dismissals shall then be in accordance with the principle of "first on, last off. (iv) the maximum amount of possible no- tice shall be given to all workers to be dismissed but in any case workers shall receive at least four weeks' no- tice or pay in lieu thereof. (v) Additionally each worker shall re- ceive— (a) 40 hours pay plus Service Pay- ment for each complete year of service; (b) all pro rata payments due to the worker in respect of ter- mination; (c) payment of pro rata Long Ser- vice Leave after 12 months' continuous service; WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (d) an air-fare to Perth for the em- ployee, his wife and dependant children, subject to leaving the area; (e) assistance with transport of personal effects; (f) retraining of employees to re- tain employment with the Company shall be discussed when circumstances of any redundancy of a worker or workers is pending or occurs; (g) tenancy of Company accom- modation to be discussed when the circumstances of any redundancy of a worker or workers is pending or occurs. 33.—Utilization of Contractors. (1) Contractors will generally be employed for major construction, modification and project work. Normal routine work is best done by the employees of the Company having an intimate knowledge of the operation and its requirements. Contractors may, however, be necessary from time to time to perform some such work in order to meet surges in require- ments which arise from peculiar or special circum- stances. (2) (a) Where it is necessary for the employer to re- tain the service of a Contractor to perform work which would otherwise normally be performed by workers covered by this Award, the employer shall give prior notice to the Union representative. (b) No worker employed by the Company shall suf- fer any detrimental effect in respect of his normal earnings, job security or available reasonable hours of work by reason of the employment of Contractors' employees in such circumstances. (c) There will be no retrenchment of Company em- ployees because of the employment of Contractors. (d) The provisions of this subclause shall not act in any manner prejudicial to the employer's operation in the event of an emergency circumstance arising. (3) Union representatives credentialled to the em- ployer by the Union party to this Award may not ab- sent themselves from duty for purposes of attending matters on behalf of a Contractor's employee but a Union representative shall not be prejudiced by so doing in off-duty hours with the approval of his Union and the approval of the Contractor to enter his premises. 34.—Apprentices. (1) Apprentices may be taken to electrical fitting, fitting and/or turning, electrical installing, first class welding, boilermaking, motor mechanics, in the pro- portion of one apprentice to every two or fraction of two tradesmen; provided that the fraction shall not be less than one. (2) Except as hereinafter provided, every agree- ment of apprenticeship shall be for a period of— (a) five years, unless with the approval of the Commission that period is reduced or deemed to have been commenced prior to that date of agreement. Provided that— (i) where the apprentice has completed the 10th year of schooling and has ob- tained the Achievement Certificate, High School Certificate or Junior Certificate of the Public Examination Board in such subjects and at such levels as the appropriate Apprentice- ship Advisory Board determines and has the vocational aptitude for the trade concerned, the period of ap- prenticeship shall be four years; (ii) where the apprentice has completed the 11th year of schooling and has ob- tained the Achievement Certificate, High School Certificate or Junior Certificate of the Public Examination Board in such subjects and at such levels as the appropriate Apprentice- ship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three and a half years; and (iii) where the apprenticeship has com- pleted the 12th year of schooling and has obtained the Achievement Certificate, High School Certificate or Leaving Certificate of the Public Examinations Board in such subjects and at such levels as the appropriate Appr2nticeship Advisory Board de- termines and has the vocational apti- tude for the trade concerned, he may be allowed a credit to reduce the period to three years. (3) (a) The employer shall provide a basic tool kit at the commencement of the apprenticeship. The ap- prentice shall pay for these tools by forfeiture of the weekly Tool Allowance until the cost of the tools is fully refunded. The tools shall then become the prop- erty of the apprentice and the full Tool Allowance shall be paid to cover the cost of replacement or ad- ditional tools. (b) The employer reserves the right to inspect the apprentice's tool kit during the period that the cost of the tools is being refunded to the Company. (c) The employer shall not be responsible for the replacement of lost or stolen tools or tools damaged through misuse or negligence. (4) A person who has satisfactorily completed an approved pre-apprenticeship course conducted by the Technical Education Division of the Education Department may be indentured as an apprentice under this Award on a three-year term apprentice- ship. (5) Subject to the foregoing provisions of this clause, the provisions of the Apprenticeship Regu- lations made under the Industrial Arbitration Act 1912-1979 and in force at the date of this Award, are hereby incorporated in and form part of this Award. (6) An apprentice shall be paid a percentage of the appropriate Tradesman's rate in accordance with the following scales:— 5-year Term % 1st Year 45 2nd Year 55 3rd Year 65 4th Year 85 5th Year 95 4-year Term 1st Year.... 2nd Year... 3rd Year... 4th Year ... 3'A-year Term 1st 6 months Next year Next year following. Final year 3-year Term 1st Year 2nd Year 3rd Year (7) On completion of his apprenticeship, an ap- prentice shall be offered work as a Tradesman for a period of not less than six months unless the ability 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. and attitude of the apprentice is of such a poor stan- dard that his retention as a Tradesman is not justified. Schedule 1. Application of 38-Hour Week. (1) A 38-hour week will be worked from 19th July, 1982. The system adopted at Leslie Salt Co. will be to take an "allocated day off" once in each 28-day cycle. It is envisaged that during the life of the 1982/84 Award, all employees will take the same day off, which will be the third Friday of each 28-day cycle. The only exception will be employees required for shiploading and essential services, wlio will take the "allocated day off on the fourth Monday or Friday of the cycle. Should sufficient justification arise, the allocated day off may be changed from the third Friday to some other day in the 28-day cycle if mutually agreed by the Company and the majority of employees. An allocated day off, as an additional leisure day, will not be part of the normal hours of work and is therefore not a paid day. An employee will be en- titled to no more than 13 allocated days off per year. (2) Attendance records for each 28-day cycle shall be maintained by each Department to monitor allo- cated days off. (3) The above method of working a 38-hour week is an averaging system. Employees will actually work three weeks of 40 hours and one week of 32 hours to make an average 38-hour week. Over the 28-day cycle this will result in the following:— Hours Hours Week Worked Paid Week 1 40 38 Week 2 40 38 Week 3 32 38 Week 4 40 38 152 152 An employee must work 8 hours per day for the 19 ordinary work days; however, he is only paid for 7.6 hours per day. The 0.4 hours per day outstanding is credited, accrued, and paid out on the allocated day off in each 28-day cycle. Allocated days off and ac- crued payments are not carried over to the next cycle. If an employee has not worked the full 8 hours on any day, 0.4 hours shall be deducted from the actual hours worked, credited, accrued, and paid out on the allocated day off in each 28-day cycle. The employee will be paid the balance. Example: If 5 hours are worked, the employee would be paid for 4.6 hours and 0.4 hours credited towards his allocated day off. Hourly rates of pay are obtained by dividing the weekly pay rate by 38. Overtime begins on ordinary working days after 8 hours have been worked except for pre-start overtime which is all at overtime rates. (4) Each day of paid leave occurring during any 28- day cycle shall be regarded as a day worked for the purpose of accruing the 0.4 hours for the allocated day off. This includes annual leave, long service leave, sick leave, public holidays, workers' compen- sation, jury service, compassionate leave and union training. (5) An employee who is absent or on unpaid leave on any of the 19 ordinary days in a 28-day cycle shall not accrue entitlement for the allocated day off on any of those days not worked. (6) Allocated days off occurring during periods of paid leave will be processed as follows:— (a) Annual Leave. An allocated day off oc- curring during an employee's annual leave will be included in the leave entitlement, i.e. if an employee has 25 days accrued leave en- titlement and wishes to take 15 days leave then 14 days annual leave plus 1 allocated day off = 15 days and 11 days annual leave entitlement would be retained. Holiday pay would be 14 days x 7.6 hours x hourly rate + applicable leave loading + credits accrued for the allocated day off. (b) Long Service Leave. As for Annual Leave except that leave loading is 17 U per cent paid on employee's return to work. (c) Sick Leave (including Sickness and Acci- dent Benefits). Because an allocated day off is a leisure day and not a paid day an em- ployee who is on sick leave on that day will not have the allocated day off rescheduled. However, his sick leave credits are retained. In the event there is an extended period of absence on sick leave there will be no ac- crual of allocated days off. (d) Worker's Compensation. Because an allo- cated day off is not a paid day, if an em- ployee is absent on worker's compensation then his allocated day off will not be rescheduled. In the event there is an ex- tended period of absence on worker's com- pensation there will be no accrual of allo- cated days off. (e) Public Holidays. An allocated day off will not be scheduled on a public holiday. (f) Jury Service. If an employee is absent on Jury Service Leave then his/her accrued en- titlement will be rescheduled to a mutually agreed day within the 28-day cycle. In the event that there is an extended period of Jury Service Leave, there will be no accrual of allocated days off. (g) Compassionate Leave. Because an allocated day off is not a paid day, an employee who is absent on compassionate leave when the al- located day off falls due shall not have that day rescheduled. (h) Leave for Union Training. If an employee is absent on union training leave as provided in the Award then his entitlement to an allo- cated day off will be rescheduled to a mutu- ally agreed day within the 28-day cycle. (7) Payslip Information. The 7.6 hours pay (19 x 0.4) accrued during the 28- day cycle shall be paid out on the allocated day off and shown against that day on the payslip for that fortnight. Each shift of ordinary hours will be shown on the payslip as actual hours worked less the deduction of 0.4 hours which is accrued as a credit, i.e. 8 ordinary hours worked = 7.6 hours 4 ordinary hours worked = 3.6 hours The allocated day off will always appear as 7.6 or- dinary hours, with any shortfall of 0.4 hour accruals being deducted from the total ordinary hours from the fortnight in which they were not earned, except that if no pay was earned in the first fortnight then all shortfall of accruals will be deducted from the sec- ond fortnightly pay in a 28-day cycle. Dated at Perth this 21st day of September, 1982. (Sgd.) B. J. COLLIER, [L.S.] Commissioner. 21681—10 2504 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. SECURITY OFFICERS. Award No. 25 of 1981. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. A 25 of 1981. Between Cleaning Security and Allied Employees Union, Applicant, and Anti-Crime Security Ser- vice and Others, Respondents. Consent Award. HAVING heard Miss J. P. O'Keefe on behalf of the Applicant and Mr J. N. Uphill on behalf of the Re- spondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby makes the following Award— 1.—Title. This Award shall be known as the Security Officers' Award. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term. 5. Definitions. 6. Contract of Employment. 7. Hours. 8. Holidays. 9. Annual Leave. 10. Absence Through Sickness. 11. Long Service Leave. 12. Compassionate Leave. 13. Shift Allowances. 14. Saturday and Sunday Work During Ordi- nary Hours. 15. Overtime. 16. Call Back. 17. Mixed Functions. 18. Time and Wages Record. 19. Posting of Notices. 20. Special Rates and Provisions. 21. Wages. 22. Safety Provisions. 23. No Reduction. 24. Location Allowance. 25. Fares and Travelling. 26. Maternity Leave. 27. Liberty to Apply. 3.—Area and Scope. This award shall apply to all officers in the callings set out in Clause 21.—Wages in the industry carried out by the respondents throughout the State of Western Australia. 4.—Term. The term of this award shall be for a period of one year from the beginning of the first pay period com- mencing on or after the date hereof, (i.e. September 1,1982). 5.—Definitions. (1) "Security Officer" means a person employed to watch and/or guard and/or patrol and/or protect premises and/or property. (2) "Weekly Officer" means an officer engaged for 40 hours per week or 80 hours per fornight and paid by the week or fortnight, as the case may be. (3) "Casual Officer" means an officer engaged by the hour. (4) "Part Time Officer" shall mean an officer en- gaged by the week who regularly works a lesser number of hours than 40. (5) "Union" means the Union respondent to this award. (6) "Day" means the period from midnight to mid- night. (7) "Night Shift" means any shift commencing be- tween 6.00 p.m. and 4.00 a.m. (8) "Afternoon Shift" means any shift commencing between 12 noon and 6.00 p.m. 6.—Contract of Employment. (1) Officers under this award shall be engaged either as weekly, part time or casual officers. (2) For weekly and part-time officers, the employer shall, by legible notice displayed at some place ac- cessible to the officers, notify at least one week in ad- vance the commencing and ceasing times of ordinary hours of work. Such times, once notified, shall not be changed without a week's notice, except in the case of an emergency. Where an employer is convicted of a breach of this subclause, the union shall be at liberty to claim overtime for employees whose hours have been illegally changed. (3) The employment of any officer other than a casual officer shall be terminated only by one week's notice or by the payment or forfeiture, as the case may be, of one week's wages in lieu thereof. (4) The employment of a casual officer may be ter- minated by one hour's notice on either side or the payment by the employer or the forfeiture by the officer, as the case may be, of one hour's pay. (5) Nothing in this clause shall prevent an em- ployer from dismissing an officer at any time for mis- conduct and an officer so dismissed shall be paid wages for the time worked up to the time of dismissal only. (6) On the termination of employment the em- ployer shall, at the request of the officer, give such officer a statement signed by the employer stating the period of employment and when the employment terminated. (7) On the termination of employment, an officer shall return to the employer all uniforms in a reason- able condition, identity cards, vehicles, firearms, keys and all other items issued to officers. 7.—Hours. (1) The ordinary hours of a security officer shall be 80 in each roster period of 14 consecutive days and such hours shall be worked in not more than ten shifts in such roster period of not more than eight consecutive hours in any one shift and not more than one shift in any period of 24 hours. (2) The ordinary working hours in any day shall be worked within a spread of 10 hours and, where a broken shift is worked on any day, each portion of that shift shall be for a period of not less than three hours. (3) The ordinary working hours prescribed by this clause may be altered by agreement between the em- ployer and the union. (4) A crib time of not less than 20 minutes shall be allowed not earlier than four hours nor later than five hours, where it is reasonably practicable to do so, after the time of commencement of each shift. Where an officer is required to work in excess of five hours without a break, he shall be paid at overtime rates until the break is taken. There shall be no deduction of wages for the period of the crib break unless, in the case of static security officers, they leave the client's premises, or in the case of mobile security officers, they are unavailable for work during the period of the crib break. 27th October,! 982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2505 8.—Holidays. (1) (a) The following days or the days observed in lieu shall, subject as hereinafter provided, be allowed as holidays without deduction of pay, namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in the subclause. (b) When any of the days mentioned in paragraph (a) hereof fall on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday, the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday with pay and the day for which it is substi- tuted shall not be a holiday. (2) Officers shall be paid at the rate of double time and one-half with a minimum payment of three hours at such rate for all time worked on the above holidays. (3) For the purposes of this clause any officer whose ordinary or overtime hours of work extend over a public "holiday shall have each hour's work, within the period of duty, paid for at the rate appro- priate to where the hour's work falls. (4) (a) Where a holiday extends into the rostered day off of a weekly officer working a seven-day shift roster and he is not required to work on that day, the employer shall pay such officer for the time on the rostered day off falling on the public holiday, at ordi- nary rates. (b) The employer and the officer may agree, in lieu of the payment prescribed in paragraph (a) of this subclause to add to the annual leave entitlement of the officer, an equivalent number of hours or to allow the time to be taken at some mutually agreed later occasion. (5) This clause, with the exception of subclause (2) shall not apply to casual officers. 9.—Annual Leave. (1) (a) Except as hereinafter provided a period of four consecutive weeks' leave with payment of ordi- nary wages as prescribed shall be allowed annually to an officer by his employer after a period of 12 months' continuous service with such employer. (b) A weekly officer working a seven-day shift ros- ter (i.e. a shift officer who is rostered to work regu- larly on Sundays and holidays), shall be allowed one week's leave in addition to the leave to which he is otherwise entitled under this clause. (c) Where an officer with 12 months' continuous service is engaged for part of a qualifying 12-monthly period as a seven-day shift officer, he shall be en- titled to have the period of annual leave to which he is otherwise entitled under this clause increased by l/12th of a week for each completed month he is con- tinuously so engaged. (2) During a period of annual leave an officer shall receive a loading calculated on his ordinary wage as prescribed, as follows:— (a) Day Officer: An officer who would have worked on day work had he not been on annual leave—a loading of 17'A per cent. (b) Shift Officer: An officer who would have worked on shift work had he not been on annual leave—a loading of 17 Vz per cent. Provided that where the officer would have received shift and weekend penalties as pre- scribed had he not been on annual leave during the relevant period and such penal- ties would have entitled him to a greater amount than the loading of 17 Vi per cent, then the shift and weekend penalties shall be added to the rate of wage prescribed in lieu of the 17'A per cent loading. Provided further that if those shift and weekend penalties would have entitled him to a lesser amount than the loading of 17 "A per cent, then such loading of 17 lA per cent shall be added to the rate of wage as pre- scribed in lieu of the shift and weekend pen- alties. The loading prescribed by this subclause shall not apply to proportionate leave on termination. (3) If any award holiday falls within an officer's period of annual leave and is observed on a day which, in the case of that officer, would have been an ordinary working day there shall be added to that period one day, being an ordinary working day, for each such holiday observed as aforesaid. (4) (a) If after one month's continuous service in any qualifying 12-monthly period an officer lawfully leaves his employment or his employment is termin- ated by the employer through no fault of the officer, the officer shall be paid 3.08 hours' pay at his ordi- nary rate of wage in respect to each completed week of continuous service, unless he is an officer referred to in subclause (1) (b) hereof in which case he shall be paid 3.85 hours' pay at his ordinary rate of wage in respect of each completed month of service. (b) In addition to any payment to which he may be entitled under paragraph (a) of this subclause an officer whose employment terminates after he has completed a 12-monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall be given payment in lieu of that leave, unless:— (i) he has been justifiably dismissed for miscon- duct; and (ii) the misconduct for which he has been dis- missed occurred prior to the completion of that qualifying period. (5) Any time in respect of which an officer is ab- sent from work, except time for which he is entitled to claim sick pay or time spent on public holidays and/or annual leave and/or long service leave as pre- scribed by this award, shall not count for the pur- poses of determining his right to annual leave. (6) By agreement between the employer and em- ployee, an employee may take his annual leave in two periods, neither of which shall be less than one week in duration. (7) The provisions of this clause shall apply to part time officers on a pro rata basis in the same pro- portion as the average number of hours worked each week in the qualifying period bears to 40. (8) The provisions of this clause shall not apply to casual officers. 10.—Absence Through Sickness. (1) (a) An officer who is unable to attend or remain at his place of employement during the ordinary hours of work by reason of personal ill health or in- jury shall be entitled to payment during such absence in accordance with the following provisions. (b) Entitlement to payment shall accrue at the rate of l/6th of a week for each completed month of ser- vice with the employer. (c) If in the first or successive years of service with the employer an officer is absent on the ground of personal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the officer's services terminate, if before the end of that year of service, to the extent that the officer has become entitled to further paid sick leave during that year of service. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the officer if the absence by reason of personal ill health or injury exceeds the period for which en- titlement has accrued during the year at the time of the absence. Provided that an officer shall not be en- titled to claim payment for any period exceeding 10 weeks in any one year of service. (3) To be entitled to payment in accordance with this clause the officer shall as soon as reasonably practicable advise the employer of his inability to at- tend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circum- stances, shall be given to the employer within 24 hours of the commencement of the absence. (4) The provisions of this clause do not apply to an officer who fails to produce a certificate from a medi- cal practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require pro vided that the officer shall not be required to pro- duce a certificate from a medical practitioner with re- spect to absences of two days or less, unless after two such absences in any year of service the employer re- quests in writing that the next and subsequent ab- sences in that year, if any, shall be accompanied by such certificate. (5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an officer who suffers personal ill health or injury during the time when he is absent on annual leave and an officer may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the officer was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medical prac- titioner that he was so confined. Provided that the provisions of this paragraph do not relieve the officer of the obligation to advise the employer in accord- ance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the officer was entitled at the time he pro- ceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the officer or, failing agreement, shall be added to the officer's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 9.—Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 9.—Annual Leave shall be deemed to have been paid with respect to the re- placed annual leave. (6) Where a business has been transmitted from one employer to another and the officer's service has been deemed continuous in accordance with subclause (3) of Clause (2) of the Long Service Leave provisions published in Volume 61 of the Western Australian Industrial Gazette at pages 22-27, the paid sick leave standing to the credit of the officer at the date of transmission from service with the transmitter shall stand to the credit of the officer at the commencement of service with the transmittee and may be claimed in accordance with the pro- visions of this clause. (7) The provisions of this clause with respect to payment do not apply to officers who are entitled to payment under the Workers' Compensation Act nor to officers whose injury or illness is the result of the officer's own misconduct. (8) The provisions of this clause do not apply to casual officers. 11.—Long Service Leave. The long service leave provisions set out in Volume 61 of the Western Australian Industrial Gazette at pages 22-27, both inclusive, are hereby incorporated in and form part of this award. 12.—Compassionate Leave. (1) An officer shall, on the death within Australia, of a wife, husband, father, mother, brother, sister, parent-in-law, grandparents, grandchildren, child or stepchild, be entitled to leave up to and including the day of the funeral of such relation. Such leave, for a period not exceeding two days in respect of any such death, shall be without loss of any ordinary pay which the officer would have received had he not been on such leave. For the purpose of this clause, the words "wife" and "husband" shall include a person who lives with the officer as a de facto wife or husband. An officer whose relative, as defined, dies outside Australia shall be entitled to leave of one day without loss of any ordinary pay, provided that such leave shall be extended to two days where the officer travels overseas to attend the funeral. (2) The rights to such paid leave shall be depen- dent on compliance with the following conditions:— (a) satisfactory evidence of such death shall be furnished by the officer to his employer; and (b) the officer shall not be entitled to leave under this clause in respect of any period which coincides with any other period of leave entitlements under this award or otherwise. (3) The provisions of this clause shall not apply to casual officers. 13.—Shift Allowances. Subject to the provisions of subclause (2) of Clause 14.—Saturday and Sunday Work During Ordinary Hours of this award, the following additional allow- ance for shift work shall be paid to officers in respect of work performed during the ordinary hours of shifts as defined in subclauses (7) and (8) of Clause 5.—Definitions of this award. o- /o Afternoon Shift 15 Night Shift 25 14.—Saturday and Sunday Work During Ordinary Hours. (1) Officers required to work their ordinary hours on a Saturday or Sunday shall be paid for all time so worked at the following rates: Saturday work—time and one-half. Sunday work—time and three-quarters. (2) The allowances prescribed in this clause shall be in substitution for and not cumulative upon the shift work allowances prescribed in Clause 13.—Shift Allowances of this award. (3) For the purpose of this clause, the rates pre- scribed shall apply in respect of ordinary hours of work only and shall apply to all officers including casual officers. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2507 (4) Officers required to work on Sunday shall be paid for a minimum of three hours. 15.—Overtime. (1) Except as hereinafter provided all work done outside ordinary hours prescribed by Clause 7.—Hours of this award, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter. Continuous shift officers shall be entitled to double time. In computing overtime each day's work shall stand alone. (2) An officer required to work in excess of one hour after completion of his ordinary shift, without being notified before the completion of the previous day or shift, shall be paid a meal allowance of $3.65. A further meal allowance of $2.55 shall be paid on the completion of each additional four hours' overtime worked. (3) An officer who works so much overtime be- tween the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not had at least the follow- ing specified period off duty between those times shall, subject to this subclause, be released after completion of such overtime until he has had such period off duty without loss of pay for ordinary work- ing time occurring during such absence. The specified period shall be:— (a) for officers employed on shift work, eight hours including the normal changeover time, if any; (b) officers employed on day work, ten hours. (4) Overtime worked on a Sunday shall be paid at the rate of double time. Overtime worked on a public holiday shall be paid at the rate of double time and one-half. 16.—Call Back. An officer required to attend the employer's prem- ises for any reason other than to pick up his pay shall be paid for the time involved in each such attend- ance. Provided further, that such officer shall be given at least eight hours off duty, excluding travelling time in excess of 30 minutes and a meal break of 30 min- utes, before he is required to resume his ordinary hours. If such officer is requested to resume duty be- fore eight hours' rest is given he shall be paid at double ordinary rates until he has been relieved from duty for a period of eight hours. 17.—Mixed Functions. An officer engaged for at least two hours on any day or shift on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for such day or shift; provided that where an officer is engaged for less than two hours on any one day or shift he shall be paid the higher rate for the time so worked. An officer who is required to perform work tempor- arily for which a lower rate is paid, shall not suffer any reduction in his wages whilst so-employed; pro- vided that any work of less than one week's duration shall be deemed to be temporary. 18.—Time and Wages Record. (1) Each employer shall keep a time and wages re- cord showing the name and address of each officer, the nature of his work, the hours worked each day and the wages and allowances paid each week. Any system of automatic recording by means of machines shall be deemed to comply with this provision to the extent of the information recorded. (2) The time and wages record shall be open for in- spection by a duly accredited official of the Union during the usual office hours, at the employer's office or other convenient place, and he shall be allowed to take extracts therefrom. The employer's works shall be deemed to be a convenient place for the purpose of this subclause and if for any reason the record be not available at the works when the official calls to inspect it, it shall be made available for inspection within 24 hours either at the employer's office or at the works. 19.—Posting of Notices. (1) A copy of this award, if supplied by the Union, shall be placed in each workplace by the employer, in a suitable place agreed upon by both the employer and the Union. (2) The accredited Union representative may post a notice of the Union in a suitable place agreed upon between the employer and the Union. 20.—Special Rates and Provisions. (1) The employer shall provide adequate shelter and amenities for the officers at each work site. (2) An officer shall not carry firearms unless re- quired to do so by the employer. Where an officer is required to carry firearms, such firearms shall be pro- vided and maintained in a reasonable condition by the employer. (3) Where an officer is required by the employer to carry firearms, initial training in the use of such a firearm shall be provided and such training time shall be counted as time worked. Paid refresher courses shall be conducted at six-monthly intervals thereafter. (4) Where it is necessary for an officer to attend a Court in connection with any matter arising out of or in connection with his duties, the time so occupied shall count as time worked. (5) Were an officer is required to carry a torch, a suitable torch shall be provided and maintained in working order by the employer or an allowance of $1.50 per week (or 30 cents per day) shall be paid. (6) Accommodation for Meals: Where practicable, employers shall allow static officers to partake of their meals, crib breaks or tea breaks in a suitable place protected from the weather and every such officer shall be provided by the employer with ad- equate facilities for tea making and for heating food. This provision shall not apply to mobile patrolmen. (7) Overalls and Uniforms: (a) Suitable clean overalls or uniforms shall be supplied by the employer free of charge where the employer requires such to be worn. Such items shall remain the property of the employer. (b) The clothing issued in paragraph (a) of this subclause shall be replaced free of cost to the officer on each occasion an item becomes unserviceable. (8) Protective Clothing: Where an officer is re- quired to work in wet conditions, he shall be supplied with suitable wet weather clothing and boots. Such clothing shall remain the property of the employer. 21.—Wages. (1) The minimum total rate of wage payable under this award shall be as follows:— $ Security Officer 217.50 Security Officer (Mobile) 230.20 (2) A casual officer shall be paid 20 per cent of the ordinary rate in addition to the ordinary rate for the calling in which he is employed, with a minimum en- gagement of three hours to be worked in a continuous shift. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (3) Senior Officers: Any officer placed in charge of other officers shall be paid in addition to the appro- priate wage prescribed, the following: Per week $ (a) If placed in charge of not less than three and not more than 10 other officers 12.10 (b) If placed in charge of not less than 10 and not more than 20 other officers... 18.40 (c) If placed in charge of more than 20 other officers 23.80 (4) Additional Allowances: Officers who fulfil certain requirements as directed and use various qualifications in the performance of their duties shall be paid, in addition to the appropriate wage pre- scribed, the following: (a) Security officers and above who are required to possess a recognised first aid certificate as a condition of employment, $4.80 per week extra. (b) Security officers required to drive emerg- ency vehicles, $2.00 per day for each day that a vehicle is driven in an emergency situ- ation. (c) Security officers who are required to attend and re-set alarm panels, $3.00 per week. (d) Security officers and above who are required to carry firearms in the performance of their duties, $7.50 per week extra, or $1.50 per day for each day a firearm is carried. (e) Security officers required to hold a licence in accordance with the provisions of the Se- curity Agents' Act shall have, in the second and subsequent years of employment, 50 per cent of the cost of the licence reimbursed by the employer. Liberty to apply is reserved to the Union in re- lation to subclause (4) (c). 22.—Safety Provisions. (1) A reasonable means of communication shall be available for a security officer to communicate with his headquarters. (2) Any dispute as to whether a means of com- munication is reasonable, for the purposes of this clause, may be determined by the Board of Reference. (3) Liberty to apply is reserved to the Union in re- lation to the insertion of a subclause providing for the wearing of radiation monitoring badges. 23.—No Reduction. Nothing contained in this award shall entitle an employer to reduce the wage of any officer who at the date of this award is being paid a higher rate of wage than the minimum prescribed for his or her class of work. 24.—Location Allowance. (1) Subject to the provisions of this clause, in ad- dition to the wages prescribed in Clause 21.—Wages of this award, a married officer shall be paid the fol- lowing allowances when employed in the towns de- scribed hereafter. Town $ Agnew 18.30 Balladonia 16.00 Boulder 6.90 Broome 28.10 Bullfinch 8.80 Carnarvon 14.20 Cockatoo Island 31.10 Coolgardie 6.90 Cue 18.00 Dampier 24.10 Denham 14.20 Derby 29.30 Esperance 6.10 Eucla 19.90 Exmouth 24.20 Fitzroy Crossing 34.80 Goldsworthy 18.50 Halls Creek 38.50 Kalbarri 5.40 Kalgoorlie 6.90 Kambalda 6.90 Karratha 27.70 Koolan Island 31.10 Koolyanobbing 8.80 Kununurra 44.20 Laverton 17.80 Learmonth 24.20 Leinster 18.20 Leonora 17.80 Madura 18.00 Marble Bar 40.60 Meekatharra 15.40 Mount Magnet 18.70 Mundrabilla 19.00 Newman 17.20 Norseman 13.90 Nullagine 40.30 Onslow 28.70 Pannawonica 22.80 Paraburdoo 22.50 Port Hedland 23.80 Ravensthorpe 9.90 Roebourne 31.60 Sandstone 18.20 Shark Bay 14.20 Shay Gap,. 18.50 Southern Cross 8.80 Teutonic Bore 18.20 Tom Price 22.50 Whim Creek 27.60 Wickham 27.40 Wiluna 18.70 Wittenoom 36.10 Wyndham 42.50 (2) Except as provided in subclause (4) of this clause, a single officer shall be paid 50 per cent of the allowances prescribed in subclause (1) of this clause. (3) An officer, whose spouse is employed by the same employer and who is entitled to an allowance of a similar kind to that prescribed by this clause, shall be paid 50 per cent of the allowance prescribed in subclause (1) of this clause. (4) Where an officer is provided with board and lodging by his employer, free of charge, such officer shall be paid 33-1/3 per cent of the allowances pre- scribed in subclause (1) of this clause. (5) Junior employees, casual officers, part time officers, apprentices receiving less than adult rate and officers employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordi- nary hours that week is to the adult rate for the work performed. (6) Where an officer is on annual leave or receives payment in lieu of annual leave he shall be paid for the period of such leave the district allowance to which he would ordinarily be entitled. (7) Where an officer is on long service leave or other approved leave with pay (other than annual leave) he shall only be paid district allowance for the period of such leave he remains in the district in which he is employed. (8) For the purpose of this clause a married officer includes:— (a) A person who has a de facto spouse, and (b) A person who is a sole parent with depend- ant children. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2509 (9) Where an officer is employed in a town or lo- cation not specified in this clause the allowance pay- able for the purpose of subclause (1) shall be such amount as may be agreed between Australian Mines and Metals Association, the Confederation of West- ern Australian Industry and the Trades and Labor Council of Western Australia or, failing such agree- ment, as may be determined by the Commission: Provided that, pending any such agreement or deter- mination, the allowance payable for that purpose shall be an amount equivalent to the district allow- ance in force under this award for that town or lo- cation on June 1, 1981. (10) Nothing herein contained shall have the effect of reducing any "district allowance" currently pay- able to any officer subject to the provision of this award whilst that officer remains employed by his present employer. (11) Subject to the making of a General Order pur- suant to Section 50 of the Act, that part of each lo- cation allowance representing prices shall be varied from the beginning of the first pay period commenc- ing on or after the 1st day of July of each year in ac- cordance with the annual percentage change in the Consumer Price Index (excluding housing) for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest 10 cents. 25.—Fares and Travelling. (1) Where an officer is required during his usual working hours, by his employer, to work outside his usual place of employment the employer shall pay the officer any reasonable travelling expenses in- curred except where an allowance is paid in accord- ance with subclause (2) hereof. (2) (a) Where an officer is required and authorised to use his own motor vehicle in the course of his duties he shall be paid an allowance not less than that provided for in the schedules set out hereunder. Notwithstanding anything contained in this subclause the employer and the officer may make any other arrangement as to car allowance not less favourable to the officer. (b) Where an officer in the course of a journey travels through two or more of the separate areas, payment at the rates prescribed herein shall be made at the appropriate rate applicable to each of the sep- arate areas traversed. (c) A year for the purpose of this clause shall com- mence on the first day of July and end on the 30th day of June next following. RATES OF HIRE FOR USE OF OFFICER'S OWN VEHICLE ON EMPLOYER'S BUSINESS. Engine displacement (in cubic Area and details centimetres) 1 600cc over and Distance travelled during a year 1 600cc under on official business: c/km c/km Metropolitan Area: First 8 000 kilometres 21.0 16.4 Over 8 000 kilometres 13.9 11.1 South West Land Division: First 8 000 kilometres 21.7 17.1 Over 8 000 kilometres 14.4 11.5 North of 23.5 South Latitude: First 8 000 kilometres 24.5 19.3 Over 8 000 kilometres 16.0 12.8 Rest of State: First 8 000 kilometres 22.7 Over 8 000 kilometres 15.1 Motor Cycles—All areas of State: First 8 000 kilometres Over 8 000 kilometres 26.—Maternity Leave. (1) Eligibility for Maternity Leave. An officer who becomes pregnant shall, upon pro- duction to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer im- mediately preceding the date upon which she pro- ceeds upon such leave. For the purpose of this clause: (a) An officer shall include a part time officer but shall not include an officer engaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid ma- ternity leave. (2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an un- broken period of from 12 to 52 weeks and shall include a period of six weeks' compul- sory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) An officer shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) An officer shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to com- mence maternity leave, stating the period of leave to be taken. (d) An officer shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date. (3) Transfer to a Safe Job. Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the preg- nancy or hazards connected with the work assigned to the officer make it inadvisable for the officer to continue at her present work, the officer shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the officer may, or the employer may require the officer to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of Period of Maternity Leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only save with the agreement of the employer by the officer giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the officer giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. 17.8 (5) Cancellation of Maternity Leave. 12.1 (a) Maternity leave, applied for but not com- menced, shall be cancelled when the preg- 6.1 nancy of an officer terminates other than by 4.0 the birth of a living child. 2510 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (b) Where the pregnancy of an officer then on maternity leave terminates other than by the birth of a living child it shall be the right of the officer to resume work at a time nomi- nated by the employer which shall not ex- ceed four weeks from the date of notice in writing by the officer to the employer that she desires to resume work. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of an officer not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) She shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly quali- fied medical practitioner certifies as necessary before her return to work. (b) Where an officer not then on maternity leave suffers illness related to her preg- nancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) An officer returning to work after the completion of a period of leave taken pursu- ant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an officer who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the officer is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly compar- able in status and salary or wage to that of her former position. (7) Maternity Leave and Other Leave En- titlements. Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks: (a) An officer may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an officer during her absence on maternity leave. (8) Effect of Maternity Leave on Employment. Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an officer but shall not be taken into account in calculating the period of service for any purpose of the award. (9) Termination of Employment. (a) An officer on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the em- ployment of an officer on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an em- ployer in relation to termination of employ- ment are not hereby affected. (10) Return to Work After Maternity Leave. (a) An officer shall confirm her intention of re- turning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave. (b) An officer upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held im- mediately before proceeding on maternity leave or, in the case of an officer who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the officer is qualified and the duties of which she is capable of performing, she shall be en- titled to a position as nearly comparable in status and salary or wage to that of her for- mer position. (11) Replacement Officers. (a) A replacement officer is an officer specifi- cally engaged as a result of an officer pro- ceeding on maternity leave. (b) Before an employer engages a replacement officer under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the officer who is being replaced. (c) Before an employer engages a person to re- place an officer temporarily promoted or transferred, in order to replace an officer exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the officer who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement officer. (e) A replacement officer shall not be entitled to any of the rights conferred by this clause except where her employment continues be- yond the 12 months' qualifying period. 27.—Liberty to Apply. Liberty to apply is reserved to either of the parties to the award with respect to wages and conditions of employment for security officers employed on major construction projects. Schedule of Respondents. Anti Crime Security Service, 41 Cairn Road, Gosnells. Canine Security, Shop 16, Commercial Centre, Kewdale Road, Kewdale. Electro Guard Security, 95 Fairway Street, Nedlands. Metropolitan Security Services, 1 Price Street, Subiaco. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2511 27th October, 1982.] Transurety Limited, 116 Aberdeen Street, Perth. Wormalds Security, 27 Moore Street, East Perth. T.N.T. Group 4 Pty Ltd, 236 Lord Street, East Perth. Store Protection Agency of W.A., 556 Hay Street, Perth. Dated at Perth this 1st day of September, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. WHARVES AND SHIPS' WATCHMEN. Award No. 4 of 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. A4 of 1982. Between Esperance Port Authority and Others, Ap- plicants, and Maritime Workers' Union of West- ern Australia, Union of Workers, Respondent. Before Mr Commissioner G. J. Martin. The 31st day of August, 1982. Mr D. J. Cloghan and Mr J. D. Miller on behalf of the Esperance Port Authority, the Geraldton Port Authority, the Honourable Minister Controlling the State Shipping Service and the Honourable Minister for Works. Mr J. Tinson on behalf of the Fremantle Port Authority. Mr M. S. Anderson on behalf of Australian Iron & Steel Pty. Ltd. and Elder Prince Marine Ltd. Mr 0. J. Richardson on behalf of members of the Association of Employers of Waterside Labour. Mr W. T. Wood on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: This is an application for a new award to be known as the Wharves and Ships' Watchmen's Award, 1982 and which will replace the Wharves and Ships Watchmen's Award No. 7 of 1970, as varied, consolidated and further varied. (50 W.A.I.G. p. 915, the consolidation appearing in 59 W.A.I.G. p. 130). The parties are agreed upon the contents of the proposed new award with the exception of the pro- visions of subclause (3) of Clause 10.—Overtime and consequentially subclause (3) of Clause 11.—Saturday, Sunday and Holiday Work. The efforts of the parties in resolving so many of their original differences by the conciliation process is commended. The matter of disagreement between the parties relates to the rate of payment for overtime worked in excess of eight hours in any one shift Monday to Friday both inclusive by watchmen employed by the Geraldton Port Authority and the Esperance Port Authority. The existing award provides as follows:— 10.—Overtime. Overtime shall be paid as follows: (1) Hold Watchmen: At the appropriate rate payable to a waterside worker for the period of employment. (2) All Other Watchmen: At the rate of time and one half for the first two hours and double time thereafter for all time worked in excess of seven hours in any shift, Monday to Friday inclusive ex- cept for the first two hours on the third (or night) shift where the appropriate shift penalty shall be paid. (3) Notwithstanding the provision of subclause (2) of this clause, watchmen employed by the Geraldton Port Auth- ority and the Esperance Port Authority shall be paid at the rate of time and a half for the first two hours and double time thereafter for all time worked in excess of eight hours in any one shift Monday to Friday inclusive (59 W.A.I.G. p. 130 at p. 131). It will be noted that whilst the rate for overtime work is basically the same in subclauses (2) and (3) of that clause it is payable in excess of seven hours in any shift Monday to Friday inclusive for all watchmen (other than Hold Watchmen) except for watchmen employed by the Esperance and Geraldton Port Authorities and in which cases the overtime rate is payable in excess of eight hours in any shift Monday to Friday both inclusive. In the proposed new award Clause 10.—Overtime is structured by the applicants as follows: 10.—Overtime. Overtime shall be paid as follows: (1) Hold Watchmen—at the appropriate rate payable to a waterside worker for the period of employment. (2) All other watchmen All time worked in excess of eight hours in any one shift Monday to Friday shall be paid for at double the ordinary hourly rate. (3) Notwithstanding the provision of subclause (2) of this clause, watchmen employed by the Geraldton Port Auth- ority and the Esperance Port Authority shall be paid at the rate of time and a half for the first two hours and double time thereafter for all time worked in excess of eight hours in any one shift Monday to Friday inclusive. The respondent agees with subclause (1) and (2) thereof but objects to the inclusion of subclause (3). It is noted that in the subclause so proposed by the applicants overtime now becomes payable in the same circumstances for all employees, i.e., all time worked in excess of eight hours in any shift Monday to Friday inclusive but that the rate of overtime will be lower and different in the case of watchmen em- ployed by the Esperance and Geraldton Port Authorities if the provisions of subclause (3) are re- tained. The applicants submit that the reasons for the existing distinction are not discernible it having been included in the award by the consent of the parties in 1974 (54 W.A.I.G. p. 1512) but that in any event the new rate of overtime having its origin in the con- ditions of employment for Waterside Workers should not extend outside of the Inner Harbour of the Port of Fremantle and in which the application of Water- side Workers' conditions of employment to other em- ployees in that Inner Harbour constitutes a well rec- ognised "unique situation". 2512 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. That latter assertion is of course quite true and this Commission and the Australian Conciliation and Arbitration Commission have acknowledged that uniqueness and refrained from extending those con- ditions outside of the Port of Fremantle. (See for example the remarks of the Commission in Matter No. R40 of 1975, 57 W.A.I.G. p. 599 at p. 602). The respondent sees no difficulty with employees bound by this award outside of the Port of Fremantle re- ceiving a Waterside Worker's condition of employ- ment as it claims that in the main it is from the ranks of Waterside Workers in other Ports that watchmen are drawn. In any event the respondent sees no reason to dis- criminate between employees doing the same work merely on the basis of in which Port that work hap- pens to be performed. The applicants initially by Exhibit GI suggested that their claim had the effect of equalising the overtime earnings at the various Ports but after dis- cussions during the proceedings all parties agreed such was not the case and in effect places the two Port Authorities referred to in a situation of advan- tage by one hour's payment. The existing award when issued in 1971 did not distinguish between the rates of overtime for watchmen (other than Hold Watchmen). Subclause (2) of Clause 10.—Overtime read as follows: (2) All Other Watchmen—At the rate of time and a half for the first two hours and double time thereafter for all time worked in excess of eight hours in any one shift, Monday to Friday inclusive. (50 W.A.I.G. p. 915 at p. 916.) The variation of 1974 (54 W.A.I.G. p. 1512) already referred to seems to reflect the introduction in the Port of Fremantle of the 35 hour week and hence the different periods constituting a day's work of ordi- nary hours, i.e., seven in that Port and eight else- where. It is noted that in the now agreed new claim eight hours is the point beyond which overtime is paid in all ports but it is to be remembered that by virtue of Clause 10.—Shift Work—Eighth Hour Worked of Appendix "A" to the proposed new award and which will apply (as it does in fact now apply) to casual waterfront watchmen employed in the Port of Fremantle the work for the eighth hour of any shift, becomes time off on ordinary wages. In a situation wherein a shift is of nine hours' dur- ation the following examples emerge: Rxisiiii" Award Port of Fremantle Geraldton and Esperance Port Authorities 1971 Watchmen 8 hours at ordinary time 8 hours of ordinary time (other than 1 hour of overtime at time 1 hour of overtime at time Hold and one half and tine half Watchmen) 9G Ordinary hou"rs 9'; Ordinary hours ' 197-1 ~~ 7 hours at ordinary lime 8 hours at ordinary time 2 hours overtime at time and 1 hour of overtime at time one half and one half 10 hours ordinary time 9 1 ■> Ordinary hours Proposed Award Applicants Watchmen 8 hours at ordinary time 8 hours of ordinary time (other than 1 hour of overtime at double 1 hour of overtime at time Hold time and one half Watchmen) 10 Ordinary hours 9Ordinary hours (one of such hours to he credited to time off) Respondent 8 hours of ordinary time 1 hour of overtime at double time 10 hours Ordinary time From those examples it appears to me that the variation in 1974 reflected a change in the quantum of ordinary hours and was necessary to be effected to distinguish between new ordinary hours of work and new out of the ordinary hours of work. Purely for that consequential reason it created an advantage for the employees affected thereby and changed what had previously been a uniform result from uniform provisions and would not have been ex- pected to have any further repercussive effects. In the matter before me now it is the rate of overtime which has changed and not the point at which it is applicable. I cannot discern any valid reason why that previously uniform rate should not be continued and more importantly I cannot discern why there should be a distinction between the rate of overtime between employees in the same calling un- less it is a result of the application of the principle that Port of Fremantle conditions (the origin of the rate of double time) should not be extended beyond the confines of that area of work and its unique con- ditions of terms and conditions of employment. The distinction in this matter from that principle seems to arise in the fact that some employees who during their work in their usual calling, i.e., Water- side Workers and enjoying that rate of overtime do work from time to time as watchmen. In so doing on the applicant's proposition they could work overtime at a lesser rate than that applied to them in their usual calling. In the generality that would not necessarily be un- usual such as may be the case with any person who takes on casual and different work outside of the hours of his usual calling because of the differences in the provisions of different awards. But in this case the affinity between waterside work and watching work at the waterside is of a very high degree. I think the answer to the problem posed is that there are no compelling reasons why employees of the Authorities in the two "out ports" should be dinstinguished from all other employees in this area of compensation and the answer of the respondent will be preferred to the applicants' claim. The parties are to effect the necessary changes to their otherwise agreed document to reflect that de- cision and the varied document will constitute the minutes of the proposed decision to issue in determi- nation of this application and which minutes may be spoken to by the parties at a time and on a date mu- tually acceptable to them and the Commission. Decision accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. A4 of 1982. Between Esperance Port Authority and Others, Ap- plicants, and Maritime Workers' Union of West- ern Australia, Union of Workers, Respondent. HAVING heard Mr D. J. Cloghan and Mr J. D. Miller on behalf of the Esperance Port Authority, the Geraldton Port Authority, the Honourable Minister controlling the State Shipping Service and the Honourable Minister for Works; Mr J. Tinson on be- half of the Fremantle Port Authority; Mr M. S. Anderson on behalf of Australian Iron and Steel Pty Ltd and Elder Prince Marine Ltd; Mr O. J. Richardson on behalf of members of the Association of Employers of Waterside Labour and Mr W. T. Wood on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the In- dustrial Arbitration Act, 1979 hereby makes the fol- lowing Award— 1.—Title. This Award shall be known as the Wharves and Ships' Watchmens Award 1982 and replaces Award No. 7 of 1970 as varied, consolidated and varied. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2513 2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Rates of Pay. 8. Hours of Duty. 9. Shiftwork. 10. Overtime. 11. Saturday, Sunday and Holiday Work. 12. Watchmen Working Additional Shifts. 13. Minimum Period of Employment. 14. Attendance Money. 15. Payment of Wages. 16. Meal Money. 17. Travelling and Transport. 18. Irregularly Allocated Employees—who work both Saturday and Sunday. 19. Holidays. 20. Annual Leave. 21. Sick Leave. 22. Long Service Leave. 23. Compassionate Leave. 24. Telephone Allowance. 25. Laundry Allowance. 26. Engagement of Labour. 27. Guaranteed Minimum Wage. 28. Obnoxious Cargoes. 29. Protective Clothing and Safety Footwear. 30. Respondents. Appendix "A"—Port of Fremantle Schedule. 3.—Scope. This Award shall apply to casual workers employed by the Respondents as Watchmen or Gatekeepers. 4.—Area. This Award shall operate within the Ports of Bunbury, Esperance, Geraldton, Perth and Fremantle and in or about the container terminal contiguous to that Port of Fremantle. 5.—Term. The term of this Award shall be for a period of two years from 11.00 p.m. on the 27th day of June, 1982. 6.—Definitions. (1) "Watchman" shall mean a person, other than a member of a ship's crew, employed to watch wharf premises, property or cargo on or about wharf prem- ises, wharves, jetties, docks, slipways, vessels, punts, lighters or places of a like nature, or a person em- ployed on fire prevention duty, provided that the Fremantle Port Authority reserves the right to use members of its own Fire Protection Staff on fire pre- vention duties on board vessels where the Authority deems it necessary. (2) "Union" means the Maritime Workers' Union of Western Australia, Union of Workers. (3) "AEWL" means the Association of Employers of Waterside Labour (Western Australian Area Office). (4) "Ordinary hourly rate" means the hourly rate of wage prescribed in Clause 7 of this Award. (5) "Employer" means an Employer respondent to this Award. (6) "Labour Officer" means the Officer appointed by AEWL and includes any Officer acting for or de- puted to carry out any duty on behalf of the Labour Officer. (7) "Engagement Centre" means the building situ- ated at Slip Road, Fremantle or any such other place as may be agreed. (8) "Pay Week" means the period between 11.00 p.m. Sunday and 11.00 p.m. on the following Sunday. 7.—Rates of Pay. (1) Subject to the provisions of subclause (2) of this clause the minimum hourly rate of wage to be paid to employees covered by this Award shall be as follows. $ per hour (a) Hold watchman employed in con- junction with the loading or un- loading of cargo 9.17 (b) Other watchman or gatekeeper 8.79 (2) The minimum hourly rate of wage to be paid to employees covered by this Award em- ployed other than in the Port of Fremantle shall be as follows: (a) Hold watchman employed in con- junction with the loading or un- loading of cargo 9.22 (b) Other watchman or gatekeeper 9.04 (3) If during the currency of this Award the general cargo rate payable per hour to a casual waterside worker is altered then the rates of pay set out in subclause (1) and subclause (2) of this clause shall be increased or decreased by that amount. (4) Rates shall be brought to no more than two decimal points and where a final figure contains a decimal figure of .5 cents or more, the amount to be paid shall be the next whole cent. Where the amount to be paid contains a figure of less than .5 of a cent such figure will be disregarded. 8.—Hours of Duty. (1) Hold watchmen: Where employed in conjunc- tion with the loading or unloading of cargo, the same hours as waterside workers working such cargo. (2) All other watchmen: The ordinary hours of work for watchmen on the "A" Register in the Port of Fremantle shall be seven hours per day to be worked on any day of the week Monday to Sunday inclusive. The ordinary hours of duty for watchmen other than those on the "A" Register in the Port of Fremantle, shall be eight hours per day to be worked on any day of the week Monday to Sunday inclusive. (a) Where work is continued throughout a period of 24 hours and sufficient competent labour is available shifts to be worked from:— (i) Day shift—7.00 a.m. to 3.00 p.m. (ii) Evening shift—3.00 p.m. to 11.00 p.m. (iii) Night shift—11.00 p.m. to 7.00 a.m. (b) For work commencing at 4.00 p.m., subject to sufficient competent labour being available, shifts to be worked from 4.00 p.m. to 11.00 p.m. with a relief from 11.00 p.m. to 7.00 a.m. (c) The following hours of duty shall apply to a watchman if required to be employed on ships at Kwinana:— (i) Day shift—7.00 a.m. or 8.00 a.m. to 4.00 p.m. (ii) Evening shift—4.00 p.m. to 11.00 p.m. (iii) Night shift—11.00 p.m. to 7.00 a.m. or 8.00 a.m. 9.—Shift Work. (1) Hold watchmen shall be paid at the appropriate rate payable to a waterside worker for the time worked on the evening or night shift on each day Monday to Friday inclusive. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (2) Except as provided in Clauses 10 and 12 of this Award all time worked by watchmen, other than hold watchmen, between the time of commencement of night shift on Sunday and the, corresponding time on the following Friday shall be paid for as follows:— Day shift—No payment additional to the ordi- nary hourly rate. Evening shift—One and one half times the ordi- nary hourly rate. Night shift—Double the ordinary hourly rate. (3) (a) Where required, eight hour shifts shall be worked and payment shall be made for eight hours at the appropriate shift rate. (b) Time off shall accrue on the basis of one hour for each eight hour shift worked on any day Monday/Friday inclusive and when 35 such hours have accrued the employee shall be temporarily re- moved from the roster for five consecutive days ex- cluding Saturdays and Sundays. Provided that the eighth hour worked on a second consecutive shift as prescribed in Clause 12 of this Award shall not be taken into account for the purposes of this subclause. .(c) The provisions governing the taking and pay- ment for days off, accrued in accordance with this clause shall be as prescribed in Appendix "A" incor- porated in this Award. (d) Subclause (3) shall only apply to watchmen em- ployed on the "A" Register in the Port of Fremantle. 10.—Overtime. Overtime shall be paid as follows:— (1) Hold watchmen—at the appropriate rate payable to a waterside worker for the period of employment. (2) All other watchmen All time worked in excess of eight hours in any one shift Monday to Friday shall be paid for at double the ordinary hourly rate. 11.—Saturday, Sunday and Holiday Work. (1) Hold Watchmen: Shall be paid the appropriate rate payable to a waterside worker for time worked on a Saturday or Sunday or a holiday specified in Clause 19 (2) of this Award. (2) Watchmen other than Hold Watchmen Saturday Work: Except as provided in Clause 12 of this Award the rate of pay for work performed be- tween 11.00 p.m. Friday and 11.00 p.m. Saturday shall be double the ordinary hourly rate. Sunday and Holiday Work: Except as provided in Clause 12 of this Award the rate of pay for all work performed between 11.00 p.m. Saturday and 11.00 p.m. Sunday and for all work performed on a holiday shall be two and one half times the ordinary hourly rate. (3) The holidays referred to herein are—New Year's Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, State Foundation Day, Christmas Day, Boxing Day and Waterside Workers' Federation of Australia's Picnic Day. (4) When any of the days mentioned in subclause (3) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be deemed a holiday and the day for which it is substi- tuted shall not be a holiday. 12.—Watchmen Working Additional Shifts. In circumstances where because no suitable relief labour is available a watchman is required to work two consecutive shifts he shall be paid, in addition to the shift rate for the additional shift so worked, ordi- nary time Monday to Friday and, on Saturdays, Sundays and holidays half ordinary time. 13.—Minimum Period of Employment. (a) In respect of each continuous period of work during his engagement a watchman shall be entitled to a minimum payment at the rate appropriate to the period of work for six hours. (b) Provided that the minimum payment to a hold watchman employed on a Saturday day shift in con- junction with the loading or unloading of cargo shall be as for four hours, being the normal duration of such shift, at the appropriate shift rate. 14.—Attendance Money. (1) A watchman of the "A" Register who makes himself available at the Engagement Centre between the hours of 7.15 a.m. and 8.15 a.m. on any day Monday to Friday inclusive (holidays excepted) and who fails to gain employment on day shift on that day shall be paid by AEWL attendance money of eleven dollars and seventy cents ($11.70). (2) A watchman on the "B" Register who makes himself available at the Engagement Centre on any day at the request of the Labour Officer and who fails to gain employment on that day shall be paid attend- ance money of eleven dollars and seventy cents. ($11.70). (3) Except as provided for herein the conditions applicable to the payment of attendance money to watchmen shall be as prescribed in Appendix "A" in- corporated in this Award. (4) If during the currency of this Award the attend- ance money payable to a waterside worker is altered then the amount of attendance money prescribed in subclauses (1) and (2) of this clause shall be increased or decreased by that amount. (5) This clause shall apply only to watchmen em- ployed in the Port of Fremantle. 15.—Payment of Wages. Subject to any agreement which may be made be- tween the Union and any individual Employer, all wages shall be made up to 11.00 p.m. on Sunday of each week, and shall be available for collection on Thursdays at the times prescribed by the Consoli- dated Pay section of AEWL. 16.—Meal Money. (1) $5.05 meal money shall be paid to hold watchmen for the midday and subsequent meal hour when called upon to work through Sundays. (2) Other watchmen required to work overtime in excess of two hours, unless the necessary meals are provided by the Employer, shall not less than three hours before the commencement of work on the day upon which overtime is to be worked be given notice of the Employer's intention to work overtime. If such notice is not given or if the overtime of which notice has been given is not worked each worker concerned shall be paid $5.05 for each meal occurring in such overtime. (3) If during the currency of this Award the meal money payable to a waterside worker is altered then the amount of meal money set out in subclauses (1) and (2) of this clause shall be increased or decreased by that amount. 17.—Travelling and Transport. (1) Watchmen employed on night shift and being discharged prior to the ordinary finishing time of the shift shall be provided with transport in accordance with the conditions then prevailing for such transport in such hours for waterside workers. (2) When employed at North Wharf, Fremantle, watchmen shall be provided with free transport from or to the Railway Station, Fremantle. 27th October, ia62.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2515 (3) (a) Thirty minutes prior to the commencing tinte of each shift watchmen to be employed on ships at Kwinana, shall report for duty as required by the Employer for conveyance to Kwinana. (b) Watchmen travelling to and from Kwinana shall be allowed 30 minutes travelling time each way and that time shall be paid for at the rate appropri- ate to the shift. 18.—Irregularly Allocated Employees Who Work Both Saturday and Sunday. (1) For the purpose of this clause an irregularly rostered employee is one who is subject to allocation by notice given on the previous ordinary working day to work on any of the three shifts on any day Monday to Friday inclusive. (2) An irregularly rostered employee as defined herein:— (a) Who has been available for work for the full seven days of a working week (pay week), and (b) Who is irregularly rostered for and actually attends for work and works as required on both the Saturday and Sunday of that week and is not otherwise given a day off in com- pensation for working the seven consecutive days, shall be entitled to one day off in respect of that Saturday and Sunday and shall be entitled in respect of such day off to be paid by AEWL seven hours at the ordi- nary hourly rate of pay for an "other watch- man" as prescribed in subclause (1) of Clause 7 of this Award, provided also that— (i) He shall not be given more than five days off under this claim in any one year, and (ii) Days off under this clause may be taken as mutually agreed between the Employer and employee. Any such days not taken by the time of the em- ployees next annual leave period shall then be taken. (iii) For the purpose of subclause 2(a) of this clause, an employee who for any part of a pay week is in receipt of Workers' Compensation or on paid leave provided under this Award or who is rostered off as part of a period of regular shift work shall be regarded as available for work for that part of the pay week. (iv) Any period of days off shall be exclus- ive of any Award holiday falling on any of the days Monday to Friday within that period and in respect of any such holiday, the number of days free from work shall be increased by one day, except where the employee fails without reasonable cause to make himself available for work as di- rected by the Employer on the work- ing day immediately following the last day of the period, in which case he shall not be entitled to be paid for that holiday. (v) This clause does not apply to em- ployees who work a Saturday and Sunday as part of a regularly rostered segment of their roster. (3) This clause shall apply only to watchmen em- ployed in the Port of Fremantle. 19.—Holidays. (1) Each watchman on the "A" Register who is not required to work on any of the holidays in subclause (2) of this clause shall be paid by AEWL one day's pay of seven hours' pay at the ordinary time rate of pay for day shift for an "other watchman" as pre- scribed in subclause (1) of Clause 7 of this Award. (2) (a) The holidays herein referred to are—New Year's Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, State Foundation Day, Christmas Day, Boxing Day and Waterside Workers' Federation of Australia's Picnic Day in the Port of Fremantle. (b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be deemed a holiday without deduction of pay in lieu of the days for which it is substituted. (3) Except as provided for herein the conditions applicable to payment for holidays shall be as pre- scribed in Appendix "A" incorporated in this Award. (4) This clause shall apply only to watchmen em- ployed in the Port of Fremantle. 20.—Annual Leave. (1) Each casual watchman on the "A" Register shall be entitled to proceed on four weeks annual leave in any one year. (2) Subject to the following provisions of this clause each watchman on the "A" Register shall be entitled to a loading of one-twelfth of the ordinary time rate of pay for day shift for an "other watch- man" as prescribed in subclause (1) of Clause 7 of this Award for each hour actually paid, plus 27 U per centum since the beginning of the first pay period commencing on or after the 1st day of January, 1982. (3) Where the Employer and the Union agree, the amount prescribed in subclause (1) of this clause, or such other higher amount as may be determined by the Union shall be withheld and paid by the Em- ployer to a fund established for the purpose of mak- ing an annual payment of the total withheld pursu- ant to this provision, to the watchman concerned at the time he takes his annual leave. (4) The provisions governing the taking of annual leave shall be as prescribed in Appendix "A" incor- porated in this Award. (5) This clause shall apply only to watchmen em- ployed in the Port of Fremantle. 21.—Sick Leave. (1) .Subject to the following provisions of this clause any "A" Register watchman who has accrued sick leave and who is unable to offer for or accept or commence or continue or complete an engagement on account of personal illness or injury shall be entitled in respect of each such day to be paid by AEWL seven hours pay at the ordinary time rate of pay for day shift for an "other watchman" as prescribed in subclause (1) of Clause 7 of this Award. Provided that this shall not apply— (a) to any absence for a duration of less than one shift; (b) to any day on which a watchman is entitled to Workers' Compensation; (c) to any day on which a watchman is entitled to payment for a holiday; or (d) to any watchman who does not regularly offer for work during the year. (2) (a) A watchman on the "A" Register shall be entitled to the payment prescribed in subclause (1) of this clause— (i) for every 37 days of qualifying service since the beginning of the first pay period com- mencing on or after the 21st day of April, 1977 provided that such entitlement shall not exceed seven days in any one year, and 2516 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (ii) for every 33 days of qualifying service since the beginning of the first pay period com- mencing on or after the 22nd day of February, 1980 provided that such en- titlement shall not exceed eight days in any one year. (b) Notwithstanding the provisions of subclause 2 (a) of this clause a watchman of the "A" Register shall be entitled to payment for non-attendance on the grounds of personal illness or injury of seven hours pay at the ordinary time rate of pay for a "watchman other" on day shift, for every 26 days of qualifying service since the beginning of the first pay period commencing on or after 1st day of July, 1980. Provided that such entitlement shall not exceed 10 days in any one year. (c) The unused portion of the entitlement pre- scribed in paragraphs (a) and (b) hereof in any accru- ing year shall be allowed to accumulate and may be availed of in the next or any succeeding year. (3) Except as provided for herein the conditions applicable to the payment of sick leave to watchmen shall be as prescribed in Appendix "A" incorporated in this Award. (4) Where an employee retires due to age or ill health or dies after 10 years continuous service as an "A" Register watchman, he shall be paid by AEWL (or in the case of death his legal personal representa- tive shall be paid) at the rate prescribed in this clause for any balance of accumulated sick leave en- titlement of which the employee has not availed him- self. (5) For the purpose of subclause (4) hereof sick leave shall commence to accrue from the beginning of the first pay period commencing on or after the 21st day of April, 1977. (6) This clause shall apply only to a registered watchman employed in the Port of Fremantle. 22.—Long Service Leave. (1) Each watchman employed on the "A" Register in the Port of Fremantle shall in respect of continu- ous service within the industry covered by the Award since 20th August, 1976 in that Port be entitled to leave with pay in respect of long service. (2) The conditions applicable to the leave with pay in respect of long service shall be as prescribed in Ap- pendix "A" incorporated in this Award. 23.—Compassionate Leave. (1) (a) A watchman shall on the death within Aus- tralia of a wife, father, mother, brother, sister, child, stepchild or de facto spouse, be entitled to leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the worker in two ordinary working days. Proof of such death shall be furnished by the worker to the satisfaction of his Employer. (b) Provided that payment in respect of com- passionate leave is to be made only where the worker otherwise would have been on duty and shall not be granted where the worker concerned would have been off duty in accordance with his roster or on long ser- vice leave, annual leave, sick leave, workers' compen- sation, leave without pay or on a public holiday. (2) Except as provided* for herein, the conditions applicable to the payment of compassionate leave to watchmen shall be as prescribed in Appendix "A" in- corporated in this Award. (3) Compassionate leave to which a watchman is entitled under the provisions of this clause shall be paid for by AEWL. (4) This clause shall apply only to watchmen on the "A" Register employed in the Port of Fremantle. 24.—Telephone Allowance. (1) Each watchman on the "A" Register in the Port of Fremantle who has a telephone installed at his residence and is responsible for the cost of main- taining such service shall be paid by AEWL a tele- phone allowance of $3.20 per week. (2) The telephone allowance provided in this clause shall not be payable in respect of a pay week when a watchman is absent from work for a complete pay week for any reason. (3) Except where varied by agreement between the parties, existing practices, customs and arrangements in relation to the use of the telephone for obtaining advice of engagement, allocation, transfer, etc shall continue. 25.—Laundry Allowance. AEWL shall pay to each "A" Register watchman an amount of $3.35 per week for each set of protec- tive clothing issued to the employee up to a maxi- mum of two sets of such clothing as a laundry allow- ance in lieu of the laundering of such clothing. Provided that the foregoing amount shall only be paid in respect to each week or part thereof in which the employee performs work in the industry. This clause shall apply only to watchmen em- ployed in the Port of Fremantle. 26.—Engagement of Labour. (1) Except as provided for in subclause (2) hereof all labour shall be engaged at the recognised pick-up place between the hours of 7.15 a.m. to 9.00 a.m. each day except on Saturdays, Sundays and holidays. (2) The Union shall maintain a register of unem- ployed watchmen who are available for the purpose of meeting emergency requirements outside of pick- up hours. The employer shall secure from this regis- ter of unemployed members such labour as is re- quired, provided he is satisfied as to the competency of the men for the particular job or jobs to be filled. 27.—Guaranteed Minimum Wage. (1) This Clause shall apply to casual watchmen on the "A" Register in the Port of Fremantle. (2) Subject to the following provisions there shall be a wage payment system under which, following the end of each recognised seven day weekly pay period, AEWL will make up to the level of the Port guaran- tee the wages of any employee whose aggregate earn- ings in respect of that pay period are below that guarantee. (3) The weekly Port guarantee shall be 80 per cent of the product of the ordinary hourly rate for an "other watchman" as prescribed in subclause (1) of Clause 7 of this Award (as may be varied from time to time) multiplied by 35. (4) For the purpose of this clause aggregate earn- ings shall mean the sum of:— (a) gross earnings (before deductions) from all Employers, including annual leave loading, workers' compensation payments; and (b) payments made by AEWL in accordance with provisions of this Award; (c) but shall not include payments for meal money, laundry allowance or telephone al- lowance. (5) When calculating the said earnings of each em- ployee, in addition to payments actually received, the employee shall be credited with the following pay- ments as if he had received them:— (a) the gross wages he would have received if he had worked as required on any shift for which he was rostered but did not report or, having reported, refused to start work; 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2517 (b) in the case of unauthorised absence or un- authorised stoppage of work for part of a shift, or dismissed for misconduct, the dif- ference between the amount actually earned and the amount which would have been earned had the absence, stoppage or dis- missal not occurred; and (c) any cancelled attendance money payments which, but for the cancellation, would have been paid in respect of a day or days within the pay week period. Any reasonable doubt as to such amount under (a) or (b) above shall be resolved in favour of the em- ployee. (6) In the case of each employee the Port guarantee shall be reduced by one-seventh for each day on which an employee is unavailable for work by reason of:— (a) (i) a Port stoppage; (ii) unpaid leave for any purpose; % (iii) absence on annual leave; (iv) not being rostered for work because of unauthorised absence; (v) temporary suspension from the roster for disciplinary reasons; (vi) removal of his name from the "A" Register on account of resignation, re- tirement or death. (b) Provided that the Port guarantee shall not be reduced on any day on which an em- ployee:— (i) not having been allocated to work at- tends a Stopwork Meeting, provided such employee attends at the recog- nised engagement centre and regis- ters such attendance with the Watchmen's Labour Officer prior to or immediately after attending such Stopwork Meeting; (ii) is being an ex-service personnel on unpaid leave of absence, not ex- ceeding five days in any one year, for the the purpose of attending repatri- ation centres provided the employee produces evidence to the Labour Officer's satisfaction of the required attendance. "Year", for the purpose of this subclause, shall mean the period from the 1st July to 30th June. 28.—Obnoxious Cargoes. (1) A watchman, when he is performing duties which bring him into contact with obnoxious cargoes, carrying in the case of waterside workers an extra rate, or where working in the vicinity of such cargoes while being handled by waterside workers, and in such case is subject to the same disability as the waterside workers, shall be paid the same extra rate in addition to the rate otherwise payable to him. (2) This clause shall apply only to Watchmen em- ployed in the Port of Fremantle. 29.—Protective Clothing and Safety Footwear. Each employee whose name appears on the "A" Register of casual waterfront watchmen maintained by the Association of Employers of Waterside Labour shall be entitled to an issue of protective clothing and safety footwear on the following basis: (a) (i) Two pair of overalls per year or such other protective clothing as may be agreed between the Employers and the Union. (ii) One suit of wet weather clothing every three years from the date of initial issue. (iii) One pair of safety footwear per year. (iv) One winter coat, similar to coats issued to members of the Waterside Workers' Federation, once every three years from the date of initial issue. (b) The protective clothing and safety footwear issued in accordance with (a) above shall be replaced by the Employers, at no cost to the employee, on the basis of fair wear and tear, and shall remain the property of the Em- ployers. (c) Each employee who is engaged for attending at a passenger gangway on a passenger vessel shall be provided by the Employer concerned with a white dust coat on a job basis only. (d) Watchmen issued with individual clothing and safety footwear shall be responsible to ensure it is available for use as required. Employees shall not cease work if they have failed to bring protective clothing or safety footwear to the job. (e) This clause shall apply only to Watchmen employed in the Port of Fremantle. 30.—Schedule of Respondents. Australian Iron and Steel Pty Ltd. Bakke APT Pty Ltd. The Australian Phosphate Commissioners. Commonwealth Steamship Owners' Association. Dalgety Australia Ltd. Esperance Port Authority. Fremantle Port Authority. George Wills and Co. Geraldton Port Authority. Howard Smith Ltd. Lynn Elder Pty Ltd. Overseas Containers (Aust) Pty Ltd. P & 0 Australia Ltd. Elder Prince Marine Ltd. The Hon. Minister controlling the State Shipping Service. The Hon. Minister for Works and Water Resources. Appendix "A" Port of Fremantle Schedule. The following provisions shall apply in respect to casual waterfront watchmen employed in the Port of Fremantle. Clause 6 "Definitions" of the Wharves and Ships' Watchmen's Award shall have application to this Appendix. 1.—Arrangement. 1. Arrangement. 2. Roster system of engagement. 3. Registers and Employment. 4. Watchmen's Employment Committee. 5. Attendance Money. 6. Holidays. 7. Annual Leave. 8. Sick Leave. 9. Long Service Leave. 10. Shiftwork—Eighth hour worked. 11. Employers'Liability. 12. Record of Entitlements. 2.—Roster System of Engagement. (1) Register: There shall be maintained a Register of watchmen available for selection for carrying out the duties of casual waterfront watchmen employed in accordance with the provisions of the Award. (2) Incidence: Employers who are desirous of en- gaging a casual waterfront watchman and a watch- man whose name appears on a Register established in accordance with Clause 3 of this Appendix shall re- spectively engage and accept employment under the terms of this Appendix and the Award. 2518 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (3) Requisitions: (a) Requisitions for all casual watchmen shall be lodged by Employers with the Labour Officer on the appropriate form and each requisition shall specify the number and category of watchmen required, time of commencement of work and the vessel or job and place at which watchmen are re- quired to attend. Each requisition shall be lodged in triplicate. Employers shall lodge requisitions by phone or in writing at the Engagement Centre as follows. Where requisitions are lodged by phone confirmation in writing on the appropriate form clearly marked "CONFIRMING REQUISITION" shall be made by the time of the next pick-up of labour. (b) An Employer who desires to engage casual waterfront watchmen shall lodge a requi- sition with the Labour Officer as early as possible and in any event by the time speci- fied hereunder— (i) If for any working day: By 3.00 p.m. on the preceding working day. (ii) Provided that if labour is required for a time of start earlier than 7.15 a.m. on any working day: By 3.00 p.m. on the preceding working day but one. (iii) If for a Saturday a Sunday or a hol- iday: By 3.00 p.m. on the preceding working day but one. (c) An Employer may, prior to the time speci- fied hereunder, cancel or amend a requi- sition lodged in accordance with sub-clause (3) (b) of this Clause:— (i) If for any working day: Prior to 7.15 a.m. on that working day. (ii) If for a Saturday, a Sunday or a hol- iday: Prior to 7.15 a.m. on the preced- ing working day. (d) A late requisition may be accepted if the Labour Officer is satisfied that the need for the labour could not reasonably have been foreseen by the Employer in time to lodge the requisition by the time specified in subclause (3) (b) of this Clause. (e) Requisitions made pursuant to subclause (3) (b) (iii) of this Clause may be lodged "subject to confirmation by 12.00 noon" where the Employer is in doubt as to the movements of the vessell for that shift. Watchmen required to fill such requisitions shall contact the Engagement Centre pursu- ant to subclauses (6) (g) (iv) and (v) of this Clause. (f) Requisitions for replacements for all shifts shall be filled prior to labour being allocated on a day, evening and night shift basis. (g) When the number of casual watchmen requisitioned for the day shift exceeds the number of watchmen available, the requi- sitions shall be filled as arranged between the parties. (4) Roster Board: There shall be a roster board dis- playing the registered number of each casual watchmen available for employment. The order in which casual watchmen's numbers shall be returned to the roster board daily shall be as follows:— (a) Watchmen, eligible for engagement who, having attended the Engagement Centre fail to secure engagement the previous day. (b) Watchmen whose annual leave or long ser- vice leave expired on the previous day. (c) Finishes off the night shift on the previous . day. (d) Finishes off the day shift on the previous day. (e) Finishes off the evening shift on the pre- vious day. (f) Watchmen who have claimed and are en- titled to be paid sick leave. (g) Watchmen who have returned from absence other than those referred to in paragraphs (b) and (f) of this subclause. (h Where circumstances warrant it AEWL and the Union may agree to a variation in the order in which casual watchmen's numbers shall be returned to the roster board. (5) Method of Allocation: Requisitions for labour shall be filled in order of time of lodgement in the fol- lowing manner:— (a) The number of the first man on the roster board shall be called for the first job. (tf) The number of the second man on the roster board shall be called for the second job as above and so on until all requisitions for labour have been filled. (6) Engagement Times Etc.:— (a) Each casual watchman on the "A" Register shall, on any day on which he is not em- ployed on a job or is not absent on leave, at- tend at the Engagement Centre by 7.15 a.m. Monday/Friday (holidays excepted) for allo- cation in accordance with the provisions of this clause. (b) All such watchmen shall be engaged at the Watchmen's Engagement Centre and except as provided in the next following paragrah shall be engaged only at and through such Centre. (c) In cases of emergency or unforseen circum- stances, unemployed casual watchmen may be engaged outside the Centre and outside the engagement hours set out in this Appen- dix. Requirement of such engagements shall be notified to the Labour Officer. It shall be the responsibility of the Employer to notify an available watchman of his requirement to attend for employment. (d) Where possible such watchmen shall be en- gaged in roster order and a watchman shall not be penalised if he declines to accept an offer of such engagement. The times for engagement of labour shall be as follows:— (e) Monday /Friday inclusive (excluding hol- idays) (i) Day shift—7.15 a.m.-8.15 a.m. (ii) Evening shift—To commence at 8.15 a.m. (iii) Night shift—To follow immediately initial engagement for the evening shift is completed (iv) Intermediate starts on any shift that day—To follow immediately roster engagement for that respective shift is completed (v) Starts prior to 7.15 a.m. on the day shift the following day—To follow immediately roster engagement for the night shift shift is completed (f) Midweek Holidays: Engagement of labour to commence work on or during a holiday or holidays falling other than on a Monday shall take place on the working day preced- ing the holiday or holidays as follows:— (i) Day, evening and night shifts—To follow immediately engagements under subclause (6) (e) of this Clause have been completed 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2519 (g) Weekend Work and Monday Holidays: En- gagement of labour to commence work on a Saturday, Sunday or a Monday holiday shall take place on the preceding Friday as fol- lows:— (i) Saturday—day, evening and night shifts—To follow immediately en- gagements under subclause (6) (e) of this Clause have been completed. (ii) Sunday—day, evening and night shifts—To follow immediately en- gagements under subclause (6) (g) (i) of this Clause have been completed. (iii) Monday holiday—day evening and night shifts—To follow immediately engagements under subclause (6) (g) (ii) of this Clause have been com- pleted. (iv) Watchmen surplus to requirements on completion of the pick-up Friday morning shall have priority of en- gagement for work commencing prior to the next pick-up, and shall if instructed contact or ring the Labour Officer at the Engagement Centre or any such other place as agreed be- tween 12 noon and 12.30 p.m. to ascertain whether they are required to satisfy requisitions lodged in ac- cordance with subclause (3) (e) of this Clause. Any watchman allocated in accordance with this subclause who fails to contact or ring the Labour Officer shall be deemed to have re- fused to accept an engagement. (v) Any watchman finishing his job off the night shift on Friday morning shall if he wishes to make himself available for weekend work, report to or ring the Labour Officer between 8.15 a.m. and 8.30 a.m. on that day and advise of his availability. (vi) Such watchmen shall if instructed contact or ring the Labour Officer at the Engagement Centre or any such other place as agreed between 12 noon and 12.30 p.m. to ascertain whether they are required to satisfy requisitions lodged in accordance with subclause (3) (e) of this Clause. Any watchman allocated in accord- ance with this subclause who fails to contact or ring the Labour Officer shall be deemed to have refused to accept an engagement. (vii) Any watchmen finishing off the night shift Friday morning who has not no- tified the Labour Officer between 8.15 a.m. and 8.30 a.m. of his availability shall be deemed not to be eligible for allocation to weekend work. (h) A watchman who is not present when his number is called from the roster for a job shall have his number removed from the ros- ter board and it shall remain off the board until he attends the Engagement Centre on the next ordinary working day when he shall be rostered in accordance with subclause (4) (g) of this Clause. (i) Any watchman who refuses to accept an en- gagement shall remain off the roster board for the following two pick-ups when he shall be rostered as provided for in subclause (4) (g) of this Clause. (j) On arrival at the Engagement Centre a cas- ual watchman shall ascertain that his number appears on the roster board. If his number is not on the board he shall immedi- ately notify the Labour Officer. A notifi- cation will not be accepted by the-Labour Officer after 7.15 a.m. on any day. On it being established that a casual watchman's number has been omitted from or incorrectly placed on the roster board, the Labour Officer shall, if practicable, place the worker's number in its correct place on the roster board. (k) Where a watchman is dismissed in antici- pation of a job finishing on a succeeding shift and the weather or some other reason prevents the job finishing the following pro- cedures shall apply:— (i) If the watchman is required for day or evening shift, the Employer will notify the Labour Officer, and the watchman or a replacement shall be returned to the job. (ii) If the watchman is required for night shift or any shift on a Saturday, Sunday or a holiday, the Employer shall notify the Labour Officer of such requirement and where practi- cable the same watchman or a re- placement will be returned to the job. It shall be the responsibility of the Employer to notify the watchman concerned of his engagement. (7) Termination of Employment. Employers shall lodge discharge dockets on the prescribed form in the receptacles provided for that purpose on the termination of employment. Where it is not possible for the Employer to physi- cally lodge a discharge docket in the receptacles pro- vided the employer shall advise the Labour Officer of the termination of employment of employees as follows:— Monday/Friday Finishes off the day shift—By 3.30 p.m. the same day Finishes off the evening shift—At 7.00 a.m. the following day Finishes off the night shift—By 8.15 a.m. the same day Finishes on Saturday or Sunday—At 7.00 a.m. the following ordinary working day. Finishes on a Monday Holiday Night, day and evening shifts—At 7.00 a.m. the following day. Finishes on a holiday other than a Monday Night, day and evening shifts—At 7.00 a.m. the following day. All verbal advices of employees completing engage- ments shall be confirmed to the Labour Officer, by the Employer, in writing on a discharge docket clearly marked "CONFIRMING DISCHARGE" be- fore the next time of pick-up. (8) Unauthorised Termination of Employment: Any casual watchman who after accepting engage- ment fails to resume or report for duty and/or leaves the job without authority of the Employer shall for- feit his right to be placed on the roster board for a period of two clear pick-ups. (9) Transfer of Labour: Where there is an insufficiency of watchmen to meet Employers' requi- sitions on an evening, night and week-end basis, the 21681—11 2520 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. following procedure in relation to transfer of labour shall apply:— (a) Watchmen who engagement terminates be- tween the hours of 7.00 a.m. and 12 noon on any day, Monday to Friday inclusive, shall where required:— (i) Be transferred to a night shift (ii) Be transferred to an evening shift (iii) Be transferred to a week-end start (iv) Be transferred to a holiday (v) It shall be the responsibility of the Employer to notify the Labour Officer immediately a watchman's engagement is terminated between the hours of 7.00 a.m. and 12 noon. (b) If at 12 noon requisitions still remain unsat- isfied watchmen employed on the day shift whose jobs will Be finishing shall be transferred in numerical sequence from a special "TRANSFER ROSTER" main- tained from day to day for that purpose. (i) Such transfers shall be made in the order as set out in paragraph (a) of subclause (9) of this clause. (c) If requisitions still remain unsatisfied, and particularly in relation to requirements for week-end work or work on a holiday, the Labour Officer in consultation with the Union shall determine the most appropriate method of filling such requisitions. (d) The Labour Officer shall arrange "transfer" labour through the Employers of watchmen to be so transferred. (e) Provided that a watchman shall notify the Labour Officer at the Engagement Centre by 8.15 a.m. if he does not wish to be transferred. In such case the watchman shall be exempt (unless labour shortages exist) if his number comes up for transfer prior to the next pick-up. (10) Misconduct and Incompetency. Any watchman who is dismissed from his employ- ment for misconduct, neglect of duty, failure to carry out the lawful instructions of his Employer or incom- petency shall be reported to the Committee by the Employer. Such notification shall, in the first in- stance, be given to AEWL. Pending enquiry by the Committee into his alleged offence, a watchman shall be eligible to take his place on the Roster, except that the Employer concerned shall have the right to refuse to accept him for further employment until his alleged offence is dealt with by the Committee. (11) Length of Engagement: Whenever casual waterfront watchmen are engaged for employment in accordance with the Award and this Appendix the engagement shall be for the duration of the job pro- vided that an individual watchman shall not be re- quired to work more than three consecutive shifts un- less otherwise agreed by AEWL and the Union. (12) Exchange of Jobs: Provided that watchmen may exchange jobs with approval of and by notifying the Labour Officer at the Engagement Centre before the commencement of their respective jobs. 3.—Registers and Employment. AEWL in conjunction with the Union shall main- tain a register of casual watchmen. The Register shall comprise two parts namely "A" and "B". (1) (a) Part "A" comprising the names of casual watchmen who are obliged to attend for all classes of work, for all shifts and for all Employers unless otherwise agreed between the Union and AEWL and who have not obtained the age of 65 years. (b) Part "B" comprising the names of the casual watchmen referred to in subclause (2) of this Clause. (2) There shall be entered in or transferred to Part "B" of the Register the name of each casual watch- man:— (a) Who has attained the age of 65 years and has requested AEWL in writing to transfer his name to that part of the Register: (b) Whose physical or mental condition is found by the Watchmen's Employment Com- mittee after they have obtained a report from a legally qualified medical practitioner and whether the application for transfer to the "B" Register is made by the casual watchman or not, to be such that in the interest of his own health or in the interest of the industry, he ought not to be required to attend or make himself available for em- ployment as a casual watchman. Once having been so transferred there shall be no automatic right of re-instatement to the "A" Register. (3) Notwithstanding anything contained elsewhere in this Appendix or the Award a casual watchman on part "B" of the Register:— (a) is not required to attend or make himself available for employment as a casual watch- man; and (b) shall not be employed as a casual watchman whilst casual watchmen on part "A" of the Register are available and prepared to ac- cept engagement. However casual watchmen on part "B" of the Register who make themselves available for employ- ment may be allocated to a particular job if Em- ployers are satisfied that there is no casual watchman on part "A" of the Register suitable for employment on that job and prepared to accept engagement. (4) Where there are on a particular day insufficient "A" Register casual watchmen to properly man all jobs the labour allocator may call upon casual watchmen from part "B" of the Register to attend for employment on that day provided that a "B" Regis- ter casual watchman who is called upon to attend for employment but fails to receive employment shall be paid attendance money. (5) Where the circumstances warrant it AEWL and the Union may agree to a variation in the method of engagement for watchmen whose names comprise part "B" of the Register, in order to suit particular circumstances. 4.—Watchmen's Employment Committee. (1) There shall be a Watchmen's Employment Committee. (2) The Committee shall consist of:— A Representative of AEWL and one Represen- tative of the Employers and two Representatives of the Union. (3) The functions of the Committee shall be as fol- lows:— (a) To determine from time to time the number of watchmen to be registered to meet the watching requirements of the Port. (b) The registration and admission of appli- cants as suitable Casual Watchmen. (c) The consideration of complaints submitted by Employers in respect of registered watchmen. (d) Unless otherwise provided for in the Award and this Appendix the discipline of regis- tered Casual Watchmen dismissed from their employment or for misconduct, neglect of duty, breach of the Appendix and/or the Award, who terminated their employment 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2521 before completion of the job without per- mission of their .Employers, or who fail to at- tend the Engagement Centre for employ- ment or who fail or refuse to accept engage- ment. (e) The consideration, investigation, or deter- mination of any other matter which the Par- ties to this Appendix and/or the Award agree should be considered, investigated or determined by the Committee. (f) The consideration of the Register of watchmen from time to time as to the ability of registered watchmen to perform watching duties and their suitability generally. In the performance of this function the Committee may require a watchman to submit himself for Medical Examination by one or more Medical Practitioners. (g) To determine the quota of casual waterfront watchmen who shall proceed on annual leave or long service leave from time to time, the period of leave, and advise the Labour Officer accordingly.- (4) The Committee shall have the power to sus- pend or cancel the registration of any watchman found guilty of any offence under this Appendix and/or the Award. (5) All complaints referred to in paragraph (c) of subclause (3) of this Clause shall in the first instance be reported to AEWL. (6) Provided that when no agreement is reached on any such matter arising out of the provisions of this Clause then the matter shall be referred to an independant Chairman as agreed upon by AEWL and the Union. Such Chairman shall decide disputes if members of the Committee fail to reach agreement, and the de- cision of the Chairman shall be final and binding. 5.—Attendance Money. (1) A casual watchman on the "A" Register:— (a) who attends for engagement at the Engage- ment Centre on any day (Saturdays, Sundays and Holidays excepted) in accord- ance with the provisions of Clause 2 of this Appendix; (b) who remains in attendance between the hours of 7.15 a.m. and 8.15 a.m. or such later time as is agreed; (c) who offers for engagement; (d) who does not fail or refuse to, on any day, accept any job which he is required to ac- cept; (e) and who fails to gain employment on the day shifts on that day; shall be paid for such attendance the amount of at- tendance money, in accordance with the provisions contained in Clause 14 (1) of the Award. (2) A casual watchman on the "B" Register who makes himself available at the Engagement Centre at the request of the Labour Officer and who fails to gain employment on that day shall be paid attend- ance money in accordance with the provisions of Clause 14 (2) of the Award. The provisions of sub-clause (1) (a) to (d) of this Clause shall also apply to "B" Register watchmen. (3) Any "A" or "B" Register watchman surplus to requirements who qualifies for payment of attend- ance money, shall prior to leaving the Engagement Centre at the specified time sign the "Daily Record of Attendance" form provided for that purpose by AEWL. 6.—Holidays. (1) In applying the provisions of Clause 19 of the Award, any watchman who:— (a) Has failed to offer for or accept employment from the roster. (b) Has failed to commence, continue, or com- plete an engagement without the consent of his Employer. (c) Has been dismissed for misconduct. (d) Is on leave (other than paid leave) from the industry: either on the working day before or the working day after a holiday shall not be entitled to payment for such holiday unless he satisfies the Labour Officer that he had a reasonable excuse for such failure or that his dismissal was wrongful or that it is reason- able in all the circumstances that he should be so paid. "Working day" for the purpose of this Clause shall mean in relation to any watchman any day upon which he has been directed to work or is required to be available for engagement. (2) Where a holiday occurs within the period a watchman is on annual leave he shall be entitled to be paid seven hours at the ordinary time rate of pay for an "other watchman" for such holiday and an ad- ditional day shall be added to his period of annual leave, provided that no extra payment shall be made in respect of the additional day added to his annual leave. (3) If casual watchmen acting in concert fail to work to a holiday as required under the terms of the Award at the time a holiday occurs then they shall not be entitled to payment for such holiday. (4) Any casual watchman who is not available to the industry for any reason relating to disciplinary action taken by the "Committee", or any person or body appointed to exercise discipline shall not be en- titled to payment for such holiday under this clause. 7.—Annual Leave. (1) Each watchman on the "A" Register shall be entitled to proceed on four weeks annual leave in any one year. (2) A casual watchman desirous of taking annual leave shall complete an "application for Annual leave" form provided by AEWL at the Engagement Centre. (3) The time of taking annual leave shall be as de- termined by the "Committee" in accordance with the provisions of Clause 4 of this Appendix. (4) Provided that no casual watchman shall be en- titled to more than four weeks annual leave in respect of each year. (5) "Year" for the purposes of this Clause shall mean the period from the 1st July to the 30th June. 8.—Sick Leave. (1) Casual watchmen shall be entitled to sick leave accumulated in accordance with provisions contained in Clause 21 of the Award. Provided that when calcu- lating sick leave credits in any one year, if odd days, less than 37, 33 or 26 days remain after dividing the total number of qualifying days by 37, 33 or 26 (as prescribed in Clause 21, subclauses 2 (a) (i) and (ii) and 2 (b) of the Award) then one thirty seventh, one thirty third or one twenty sixth of a days sick leave shall be credited in respect thereof. (2) Payment of sick leave may be adjusted at the end of each year, or at the time a casual watchman is removed from the "A" Register, in the event of such watchman being entitled by service subsequent to the sickness in that year to a greater allowance than that made at the time the sickness occurred. 2522 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. For the purpose of applying this provision each casual watchman absent on account of personal ill- ness or injury who is not entitled to claim for "paid" sick leave shall complete an "application for Sick Leave" form. (3) Arrangements necessary for the implemen- tation of this Clause shall be made in conformity with the following principles:— (a) A casual watchman shall inform the Labour Officer of his inability to attend by 8.15 a.m. on the working day in question and as far as practicable state the nature of his illness or injury and estimated duration of the ab- sence, provided that in the event of the worker being unable to comply with this provision the AEWL may extend this time. (b) A casual watchman shall not be entitled to the benefits of this clause unless he pro- duces proof of sickness to the satisfaction of AEWL, but AEWL shall not be entitled to a medical certificate unless the absence is for three consecutive working days or more. Provided that AEWL shall not be entitled to a medical certificate for absence of less than three consecutive working days unless the total of such absence exceeds five days in any one year. (c) AEWL may require a casual watchman to make a sworn declaration or other written statement as to what sick leave he has had, during the year then current, and upon such declaration shall be entitled to rely and act. (d) Each casual watchman claiming paid sick leave shall complete an "application for sick leave", form made available by AEWL at the Engagement Centre. (4) "Qualifying service" for the purposes of this clause shall mean any day (other than a Saturday or a Sunday, or a day upon which a worker is dismissed for misconduct or refuses to accept or complete an engagement on any day as required) upon which a casual watchman:— (a) Performs any work. (b) Qualifies for the payment of attendance money, sick leave or holidays not worked. (c) Is absent on annual leave, long service leave or paid leave. (d) Is absent on workers' compensation, pro- vided that such absence shall count only as qualifying service to the extent of six calen- dar months in any one year, provided further that if any single absence extends beyond a period of six calendar months the first six calendar months only of such ab- sence shall count as qualifying service. (5) For the purposes of this clause "year" shall mean the period from the 1st July to the 30th June. 9.—Long Service Leave. (1) Entitlement to Leave: Each casual watchman on the "A" Register employed in the Port of Fremantle shall, in respect of continuous service in the industry covered by the Award since 20th August, 1976, in that Port, be entitled to leave with pay for long service upon and subject to the terms and con- ditions following:— (2) Amount of Leave: The amount of long service leave to which a casual waterfront watchman shall be entitled shall be:— (a) Where a worker has completed at least 15 years service— (i) in respect of 15 years qualifying ser- vice so completed—13 weeks leave. (ii) in respect of each 10 years qualifying service completed after such 15 years—eight and two-thirds weeks leave— provided that a casual waterfront watchman shall not be entitled to long service leave until his completed years of service entitle him to the amount of long service leave pre- scribed in either paragraph (a) (i) or paragraph (a) (ii) of subclause (2) of this Clause. (b) On the termination of a casual watchman's employment— (i) by his death; (ii) in any circumstances otherwise than for serious misconduct; in respect of the number of years service com- pleted since he last became entitled to an amount of long service leave, a proportionate amount on the basis of 13 weeks for 15 years service. (c) In the case of a casual waterfront watchman who has completed at least 10 years but less than 15 years qualifying service since the commencement of such service and he ceases to be employed as a casual waterfront watchman and the Committee is satisfied his ceasing to be a casual waterfront watch- man arose by reason of:— (i) his death; or (ii) for any reason other than serious mis- conduct; or (iii) sickness or injury or domestic or other pressing necessity where such sickness or injury or pressing necess- ity is of such a nature as to justify his resignation; or (iv) because be attained the age of 65 years; or (v) transfers to the "B" Register— The amount of the leave shall be such proportion of 13 weeks as the number of completed years of such service bears to 15 years. (d) In the cases to which paragraphs (b) and (c) of subclause (2) of this Clause apply the cas- ual waterfront watchmen shall be deemed to have been entitled to and to have com- menced leave immediately prior to his ceas- ing to be employed as a casual waterfront watchman. (3) Qualifying Service for Long Service Leave: (a) The period of qualifying service as a casual waterfront watchman for the purpose of this part of the Appendix is the period since 20th August, 1976, during which that person has been continuously employed as a casual waterfront watchman, less any periods re- quired by subclause (5) of this Clause to be deducted from that period. (b) Subject as aforesaid qualifying service shall consist of the aggregate of all days upon which the casual waterfront watchman works for one or more Employers and shall also include— (i) all days being the holidays defined in the Award (or other days observed in lieu thereof) when the casual water- front watchman is not required to work but for which he is paid or en- titled to be paid under the Award or this Appendix. (ii) all days when the casual waterfront watchman does not offer for, accept, commence or continue an engage- ment for casual work on account of sickness or injury but only to the ex- tent of 15 working days in any one year of service. 27thOctober, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2523 (iii) all periods of annual leave or paid days off taken by the casual water- front watchman pursuant to the Award. (iv) all periods of long service leave taken by the casual waterfront watchman pursuant to this part of the Appen- dix. (v) all days in respect of which the casual waterfront watchman receives or is entitled to receive payment of attend- ance money pursuant to the Award or this Appendix. (vi) any period during which the casual waterfront watchman was or is re- quired to serve— as a member of the naval, military or air forces of the Commonwealth of Australia other than as a mem- ber of the British Commonwealth Occupational Forces in Japan an other than as a member of the Per- manent Forces of the Common- wealth of Australia except in the circumstances referred to in Sec- tion 31 (2) of the Defence Act 1903- 1956 and except in Korea or Malaya after the 26th day of June 1950; as a member of the Civil Construc- tion corps established under the National Security Act 1939-1946. ; in any of the Armed Forces under the National Services Act 1951 (as amended). Provided that the casual waterfront watchman as soon as reasonably practicable on the completion of such service resumes as a casual watchman. (4) Service Shall be Deemed to be Continuous Notwithstanding the Intervention of:— (a) any holidays as defined in the Award or this Appendix (or any of the other days observed in lieu thereof) when the casual waterfront watchman is not required to work, whether or not he receives or is entitled to receive payment for such holiday (or such other day observed in lieu thereof). (b) any periods when the casual waterfront watchman does not offer for engagement for casual work or perform any such work for the reason that— (i) he is engaged in service of the kind mentioned in paragraph (b) (vi) of subclause (3) of this clause; (ii) he is on annual leave taken pursuant to the Award or this Appendix; (iii) he is on long service leave taken pur- suant to this part of the Appendix; (iv) he is unable so to do on account of sickness or injury; (v) he is on leave of absence taken by the permission of some person or body for the time being having authority to grant the same. (c) any periods when the casual waterfront watchman attends the appropriate engage- ment centre and offers for engagement for work as a casual watchman but does not ac- cept or obtain any such engagement whether or not he receives or is entitled to receive at- tendance money under the Award or this Appendix for such attendance. (d) any periods when the casual waterfront watchman does not attend the appropriate engagement centre and offer for work as a casual watchman or does not accept, com- mence or continue an engagement for work as a casual watchman by reason of— (i) causes directly or indirectly arising from an industrial dispute provided he offers for accepts, commences or continues an engagement for work as a casual watchman in accordance with the terms of the settlement of such dispute. (ii) his being otherwise enaged on legit- imate Union business in respect of which he has requested and has been refused leave provided that the period for which he is so engaged is a reasonable period. (iii) his registration as a casual watchman being suspended by the Labour Officer or the Committee pursuant to the provisions contained in this Ap- pendix. (5) Provided However:— (a) any service as a casual waterfront watchman subsequent to termination by the casual waterfront watchman or the cancellation by the Committee, pursuant to the provisions of this Appendix of the registration of a cas- ual watchman shall not be deemed to be continuous with prior service as a casual waterfront watchman. (b) In ascertaining the period of qualifying ser- vice of a casual waterfront watchman, the following periods shall be deducted from the period during which he has been continu- ously employed. (i) any of the periods referred to in subclause (4) (d) of this Clause. (ii) the period of any shift during which the casual waterfront watchman is dismissed for misconduct or during which he unlawfully terminates his employment or fails without reason- able cause to commence or resume work as ordered. (6) Payment for Period of Leave: (a) A casual waterfront watchman shall be en- titled to be paid in respect of long service leave to which he has become entitled seven hours pay at the ordinary hourly rate for an "other watchman" as prescribed in clause 7 (1) of the Award for each day of such long service leave. (b) The rate of pay shall be that applicable at the time long service leave is commenced but the total amount payable in respect of any one period of long service leave shall not exceed the amount payable at the said rate for 65 days. (7) Taking Leave: (a) Leave shall be taken as soon as reasonably practicable after the right thereto accrues but only at such time or times as the Com- mittee shall authorise having regard to the labour requirements of the Port. The Com- mittee shall not unreasonably withhold the granting of its authority for a casual water- front watchman to take such leave either generally or in the case of any particular watchman. (b) Where a casual waterfront watchman claims to be entitled to long service leave he shall at least one month before the date on which he desires to commence such leave make written application to the Labour Officer for authority to take such leave on the date specified in his application and if the Labour Officer is satisfied that the casual 2524 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. waterfront watchman is entitled to long ser- vice leave from such date (or from any date prior thereto) he shall refer the application to the Committee for granting of such auth- ority. (c) Leave may be taken in one continuous period or if the Labour Officer and the cas- ual waterfront watchman shall agree in not more than three separate periods in respect of the first thirteen weeks entitlement and in not more than two separate periods in re- spect of any subsequent period of en- titlement. (d) Such leave shall be inclusive of any of the public holidays specified in the Award which occur during the period when the leave is being taken but shall not be inclus- ive of any annual leave. (e) Payment for long service leave shall be made by AEWL to the casual waterfront watchman upon application made after the granting of the authority mentioned in subclause (7) (b) of this clause and shall be made in one of the following ways:— (i) in full before the casual waterfront watchman goes on leave, or— (ii) in any other way agreed between the casual waterfront watchman and AEWL. (f) No casual waterfront watchman shall during any period when he is on long service leave engage in any employment for hire or re- ward in substitution for the employment from which he is on long service leave and if a casual waterfront watchman breaches this provision he shall thereupon forfeit his right to leave hereunder in respect of the unex- pired period of leave upon which he has en- tered and AEWL shall be entitled to reclaim any payments already made on account of such period of leave. (g) Where a casual waterfront watchman who has become entitled to leave hereunder ceases to be employed as a casual watchman before such leave is taken, or fully taken, AEWL shall (if the casual waterfront watch- man so ceases otherwise than on account of his death) pay to the casual waterfront watchman or (if he so ceases on account of his death) pay to the personal representa- tive on the casual waterfront watchman upon request by such personal representa- tive a sum equivalent to the amount which would have been payable in respect to the period of leave to which the casual water- front watchman is entitled or deemed to have been entitled and which would have been taken but for his ceasing to be so em- ployed. Such payment shall be deemed to have satisfied the obligation of AEWL in re- spect of leave hereunder. (8) Disputes and Matters Arising: All disputes and matters arising under this Part of this Appendix shall be referred to the Committee as constituted under Clause 4 of this Appendix and the Committee shall determine all such disputes and matters. (9) For the purpose of this clause: "Day" means an ordinary working day of seven hours from Monday to Friday (both inclusive). 10.—Shift Work—Eighth Hour Worked, (a) Where a casual watchman works a full shift of eight hours duration on any shift Monday/Friday, the AEWL shall deduct from wages paid for such eighth hour actually worked, one hours pay at ordi- nary time, to be held upon the watchman's behalf. (b) Upon a casual watchman having accrued a total payment representing 35 such hours, so deferred on a watchman's behalf, he shall, subject to subclause (c) hereof, be temporarily removed from the casual ros- ter for a period of five consecutive days excluding Saturdays and Sundays. (c) Days off under this clause shall be taken as mutually agreed between the Watchman's Labour Officer and the employee. Provided that, where mutual agreement is not reached, days off shall be taken at a time directed by the Watchman's Labour Officer. Any days off not taken by the time of the em- ployee's next annual leave period shall then be taken. 11.—Employer's Liability. (1) For the purpose of the payment of sick leave, long service leave, compassionate leave, attendance money entitlements, telephone allowance, laundry al- lowance and days off accrued under the provisions of Clause 18 of the Award, each Employer actually em- ploying one or more casual watchmen shall pay a levy to AEWL of such amount and in such manner as may be determined from time to time. (2) Each Employer paying such levy agrees to give to AEWL full authority to pay from the levy, all en- titlements referred to in subclause (1) of this Clause and to re-coup expenses incurred in giving effect thereto. (3) AEWL undertakes, on behalf of each Employer who pays the levy referred to in subclause (1) of this Clause to pay from such levy entitlements referred to herein. 12. Record of Entitlements. The AEWL shall keep a record of service and en- titlements due in accordance with the provisions of this Appendix and the Award. Dated at Perth this 6th day of September, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2525 CROWN SEAL MANUFACTURING. Award No. 13 of 1960. PAINTERS' (Shipping). Award No. 32A of 1961. PIPE, TILE AND POTTERY MANUFACTURING INDUSTRY. Award No. 34 of 1978. PURSUANT to section 93(6) of the Industrial Arbi- tration Act, 1979 the following awards have been con- solidated and are published hereunder for general in- formation. Dated at Perth this 15th day of September, 1982. K. SCAPIN, Industrial Registrar. CROWN SEAL MANUFACTURING. Award No. 13 of 1960. 1.—Title. This award shall be known as the Crown Seal Manufacturing Award. 2.—Arrangement. 1. Title. 2. Arrangement. 2A. Special Loading. 3. Scope. 4. Area. 5. Term. 6. Contract of Service. 7. Casual Workers. 8. Aged and Infirm Workers. 9. Wages. 9A. Minimum Wage. 10. Hours. 11. Overtime. 12. ShiftWork. 13. Breakdowns. 14. Higher Duties. 15. Holidays. 16. Annual Leave. 17. Sick Leave. 18. First Aid. 19. Time and Wages Record. 20. Board of Reference. 21. Posting of Notices. 22. Junior Workers. 23. Long Service Leave. 24. Preference. 25. Payment of Wages. 26. Bereavement Leave. 2A.—Special Loading. (1) Each ordinary wage rate prescribed elsewhere herein shall be increased— (a) by $1.95 per week if it is equal to or greater than the basic wage for males or, as the case may be, the basic wage for females; and (b) in all other cases, by an amount which bears the same relationship to $1.95 as the ordi- nary wage rate bears to the basic wage for males or, as the case may be, the basic wage for females. (2) For the purposes of subclause (1) of this clause and to give effect thereto, wherever a basic wage is prescribed herein it shall be deemed to be increased by $1.95 per week. 3.—Scope. This award shall apply to those workers employed by the respondent in the classifications set out in Clause 9.—Wages, hereof. 4.—Area. This award shall have effect over the area com- prised within a radius of 15 miles from the G.P.O., Perth. 5.—Term. The term of this award shall be for a period of three years from the beginning of the first pay period commencing after the date hereof. 6.—Contract of Service. (1) Except in the case of casual workers, the con- tract of service shall be by the week and shall be ter- minable by one week's notice given on either side on any day. If the employer or a worker fails to give the required notice, one week's wages shall be paid or forefeited. (2) This clause does not affect the right to dismiss for misconduct. 7.—Casual Workers. (1) Any worker dismissed through no fault of his own before the expiration of one week of his employ- ment, shall be considered casual and shall receive 20 per cent above the rate specified for the work per- formed. (2) The services of a casual worker may be termin- ated by one hour's notice, given by either side, on any day. 8.—Aged and Infirm Workers. (1) Any worker who, by reason of old age or infirm- ity, is unable to earn the minimum wage, may be paid such lesser wages as may from time to time be agreed upon in writing between the Union and the employer. (2) In the event of no agreement being arrived at, the matter may be referred to the Board of Reference for determination. (3) After application has been made to the Board, and pending the Board's decision, the worker shall be entitled to work for, and be employed at, the pro- posed lesser rate. 9.—Wages. The minimum rates of wages payable under this award shall be as follows: (1) Adult females (total wage per week)— $ First six months' experience 133.10 Thereafter 146.70 (2) Junior Females—(per cent of the "Adult Females Thereafter" rate per week)— % Under 16 years of age 40 At 16 years of age 50 At 17 years of age 60 At 18 years of age 70 At 19 years of age 80 At 20 years of age 90 (3) Leading Hands—A leading hand placed in charge of— (a) not less than three and not more than 10 other workers shall be paid $10.70 per week extra; (b) more than 10 and not more than 20 other workers shall be paid $16.30 per week extra. 9A.—Minimum Wage. Notwithstanding the provisions of this award, no female worker (including an apprentice), 21 years of age or over, shall be paid less than $151.20 per week as her ordinary rate of pay in respect of the ordinary 2526 hours of work prescribed by this award, but that minimum rate of pay does not apply where the ordi- nary rate of pay (including any part thereof payable in additional to the award rate), is not less than $151.20. Where the said minimum rate of pay is applicable, the same rate shall be payable on holidays, during annual leave, sick leave, long service leave and any other leave prescribed by this award. Notwithstanding the foregoing, where in this award an additional rate is prescribed for any work as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the classification in which the worker is employed. 10.—Hours. (1) The ordinary working hours shall be worked be- tween Monday and Friday inclusive and shall not ex- ceed 40 in any one week or eight hours in any one day, and except in the case of shift workers, shall be worked between the hours of 7.00 a.m. and 5.30 p.m. (2) The meal interval shall not exceed one hour. (3) Where three shifts are worked, the ordinary hours of other than day shift shall be inclusive of a 20 minute crib time which shall be taken in relays at such times as not to cause a stoppage of work. 11.—Overtime. (1) For all work done beyond the hours of duty, payment shall be made at the rate of time and a half for the first four hours and double time thereafter. Provided that all work performed after 12 noon on Saturday shall be paid for at the rate of double time. (2) (a) All work performed on Sundays shall be paid for at the rate of double time. (b) All work performed on the holidays prescribed in Clause 15.—Holidays, hereof, shall be paid for at the rate of double time and a half. (3) Overtime on shift work shall be based on the rate payable for shift work. (4) When a worker without being notified on the previous day or earlier is required to continue work- ing after his usual knock off time for more than two hours, he shall be provided with any meal required or be paid $1.75 in lieu thereof. Provided that such pay- ment need not be made to workers living in the same locality as their place of employment who can reason- ably return home for a meal. (5) A worker shall not be compelled to work for more than five hours without a break for a meal. (6) When a worker other than a shift worker is re- quired for duty during any meal period, whereby his meal period is postponed for more than one hour, he shall be paid at overtime rates until he gets his meal. (7) (a) An employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement. (b) No organisations party to this award or worker or workers covered by this award, shall in any way, whether directly or indirectly, be a party to or con- cerned in any ban, limitation or restriction upon the working of overtime in accordance with the require- ments of this subclause. (8) Jn the calculation of overtime rates, each day shall stand alone. Provided that when a worker con- tinues working beyond midnight on any day, the hours worked after midnight shall be counted as part of the previous day's work for the purpose of calcu- lating the rates to be paid. 12.—Shift Work. (1) The employer may, if he so desires, work his es- tablishment on shifts, but before doing so, shall give notice of his intention to the Union and of the intended starting and finishing times or ordinary working hours of the respective shifts. (2) A shift worker shall, in addition to his ordinary rate, be paid per shift of eight hours at a loading of $3.84 when on afternoon shift of night shift. (3) (a) Where any particular process is carried out on shifts other than day shift, and less than five con- secutive afternoon or five consecutive night shifts are worked on that process, then workers employed on such afternoon or night shifts shall be paid at overtime rates. (b) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or on any public holiday. (4) Where a shift commences at or after 11.00 p.m., then the whole shift shall be paid for at the rate which applies to the major portion of the shift. 13.—Breakdowns. The employer shall be entitled to deduct payment for any day or portion of a day upon which a worker cannot be usefully employed because of any strike by the Union or unions affiliated with it, or by any other association or union, or through the breakdown of the employer's machinery, or any stoppage of work by any cause which the employer cannot reasonably pre- vent. 14.—Higher Duties. A worker engaged for half or more of one day or shift on duties carrying a higher rate than his ordi- nary classification, shall be paid the higher rate for such day or shift. If employed for less than half of one day or shift, he shall be paid the higher rate for the time so worked. 15.—Holidays. (1) (a) The following days or the days observed in lieu shall, subject to Clause 11.—Overtime, hereof, be allowed as holidays without deduction of pay, namely, New Year's Day, Australia Day, Good Friday, Sovereign's Birthday, Christmas Day, Boxing Day, Easter Monday, Anzac Day, Labour Day, Foun- dation Day. Provided that another day may be taken as'a holiday by arrangement between the parties in lieu of any of the days mentioned in this subclause. (b) When any of the days mentioned in paragraph (1) hereof falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday, the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. (2) Any worker absenting himself from work with- out reasonable cause, proof of which shall lie upon him, on the whole or any portion of the working day succeeding a holiday provided for herein, shall not be entitled to payment for such holiday. (3) On any public holiday not prescribed as a holiday under this award, the employer's establish- ment or place of business may be closed, in which case a worker need not present himself for duty and payment may be deducted, but if work be done, ordi- nary rates of pay shall apply. (4) Liberty is reserved to either party to apply to amend this clause. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2527 16.—Annual Leave. (1) Except as hereinafter provided, a period of four consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer after a period of 12 months' continuous service. (2) (a) During a period of annual leave a worker shall receive a loading of 17 U per cent calculated on the ordinary wage as prescribed. (b) The loading prescribed by this subclause shall not apply to proportionate leave on termination. (3) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordi- nary working day, there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid. (4) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this award, shall not count for the purpose of determining his right to annual leave. (5) In special circumstances, and by mutual con- sent of the employer, the worker and the Union concerned, annual leave may be taken in not more than two periods. (6) Notwithstanding the provisions of this clause, an employer who observes a Christmas closedown for the purpose of granting annual leave, may require a worker to take his annual leave in not more than two periods, but neither of such periods shall be less than one week. (7) In the event of a worker being employed by an employer for portion only of a year, he shall only be entitled, subject to subclause (8) of this clause, to such leave on full pay as is proportionate to his length of service during that period with such em- ployer, and if such leave is not equal to the leave given to the other workers, he shall not be entitled to work or pay whilst the other workers of such em- ployer are on leave on full pay. (8) If after one month's continuous service in any qualifying 12 monthly period a worker leaves his employment or his employment is terminated by his employer through no fault of the worker, the worker shall be paid one third of a week's pay at his ordinary rate of wage in respect of each completed month of service in that qualifying period. (9) In addition to any payment to which he may be entitled under subclause (8) of this clause, a worker whose employment terminates after he has com- pleted a 12 monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period, shall be given payment in lieu of that leave or, in a case to which subclause (5) of this clause applies, in lieu of so much of that leave as has not been allowed, unless: (a) he has been justifiably dismissed for miscon- duct; and (b) the misconduct for which he has been dis- missed occurred prior to the completion of that qualifying period. (10) The provisions of this clause shall not apply to casual workers. 17.—Sick Leave. (1) A worker shall be entitled to payment for non- attendance on the ground of personal ill health for one-twelfth of week for each completed month of ser- vice. Provided that payment for absence through such ill health shall be limited to one week in each calendar year. Payment hereunder may be adjusted at the end of each calendar year, or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service sub- sequent to the sickness to a greater allowance than that made at the time the sickness occurred. This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act. (2) A worker shall not be entitled to receive any wages from his employer for any time lost through the result of an accident not arising out of or in the course of his employment, or for any accident, wher- ever sustained, arising out of his own wilful default, or for sickness arising out of his own wilful default. (3) No worker shall be entitled to the benefits of this clause unless he produces proof satisfactory to his employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for three days or more. (4) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been al- lowed to any worker by his employer as paid sick leave may be claimed by the worker and subject to the conditions hereinbefore prescribed shall be al- lowed by his employer in any subsequent year with- out diminution of the sick leave prescribed in respect of that year. Provided that the sick leave which ac- cumulates pursuant to this subclause shall be available to the worker for a period of five years but no longer from the end of the year in which it ac- crues. (5) Liberty is reserved to either party to apply to amend this clause. 18.—First Aid. The employer shall provide a first aid chest in con- formity with the scale prescribed by the Factories and Shops Act. 19.—Time and Wages Record. (1) The employer shall keep a record containing: (a) the names of all workers employed by him to whom this award applies; (b) the class of work performed; (c) the hours worked (including overtime) by each worker; and (d) the wages paid (including overtime) to each such worker. (2) Such record may be inspected at any time dur- ing ordinary working hours by a duly accredited rep- resentative of the Union, and he shall be allowed to take extracts therefrom. 20.—Board of Reference. (1) The Court hereby appoints for the purpose of this award, a Board of Reference. (2) The Board shall consist of a Chairman, to be appointed by the Court, and two other representa- tives, one to be nominated by each of the parties. (3) The Board is hereby assigned the following functions in the event of a disagreement between the parties bound by this award: (a) adjusting any matter of difference which may arise between the parties from time to time, except such as involve interpretations of the provision of this award or any of them; (b) deciding any other matter that the Court may refer to the Board from time to time. (4) An appeal shall lie from any decision of such Board in the manner and subject to the conditions prescribed in the Regulations to the Arbitration Act, 1979, which for this purpose are embodied in this award. 21.—Posting of Notices. The employer shall allow union notices, except those which on reasonable grounds he considers ob- jectionable, and a copy of this award to be posted up by the Union in a place accessible to the workers and approved by the employer. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 22.—Junior Workers. (1) Junior workers upon being engaged, shall furnish the employer with a certificate containing the following particulars: (a) name in full; (b) age and date of birth. (2) No worker shall have any claim upon an em- ployer for additional pay in the event of the age of the worker being wrongly stated on the certificate or, if no such certificate is furnished, verbally to the em- ployer. If any junior worker shall wilfully mis-state his age either verbally to the employer or in the certificate, he alone shall be guilty of a breach of this award, and in the event of a worker having received a higher rate than that to which he was entitled, he shall make restitution to the employer. 23.—Long Service Leave. Right to Leave. A worker shall, as herein provided, be entitled to leave with pay in respect of long service. Long Service. (1) The long service which shall entitle a worker to such leave shall, subject as herein provided, be con- tinuous service with one and the same employer. (2) Such service shall include service prior to the first day of April, 1958, if it continued until such time, but only to the extent of the last 20 completed years of continuous service. (3) (a) Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called "the transmittor") to another employer (herein called "the transmittee") and a worker who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee, the period of the continuous service which the worker has had with the transmittor (including any such service with any prior transmittor), shall be deemed to be service of the worker with the transmittee. (b) In this subclause "transmission" includes transfer, conveyance, assignment or succession, whether voluntary or by agreement or by operation of law, and "transmitted" has a corresponding meaning. (4) Where, over a continuous period a worker has been employed by two or more companies, each of which is a related company within the meaning of section 6 of the Companies Act, 1961, the period of the continuous service which the worker has had with each of those companies shall be deemed to be ser- vice of the worker with the company by whom he is last employed. (Section 6 reads— (1) For the purposes of this Act, a corporation shall, subject to the provisions of subsection (3) of this section, be deemed to be a subsidiary of another corporation if, (a) that other corporation— (i) controls the composition of the Board of Directors of the first mentioned corporation; (ii) controls more than half of the voting power in the first men- tioned corporation; or (iii) holds more than half of the issued share capital of the first mentioned corporation excluding any part thereof which carries no right to participate beyond a specified amount in a distri- bution of either profits or capital; or (b) the first mentioned corporation is a subsidiary of any corporation which is that other corporation's subsidiary. (2) For the purpose of subsection (1) of this section, the composition of a corporation's board of directors shall be deemed to be controlled by another corporation if that other corporation by the exercise of some power exercisable by it without the consent or concurrence of any other person can appoint or remove all or a majority of the directors; and for the purposes of this pro- vision, that other corporation shall be deemed to have power to make such an appointment if— (a) a person cannot be appointed as a direc- tor without the exercise in his favour by that other corporation of such a power; or (b) a person's appointment as a director follows necessarily from his being a di- rector or other officer of that other cor- poration. (3) In determining whether one corporation is a subsidiary of another corporation— (a) any shares held or power exercisable by that other corporation in a fiduciary ca- pacity shall be treated as not held or ex- ercisable by it; (b) subject to paragraphs (c) and (d) of this subsection, any shares held or power ex- ercisable— (i) by any person as a nominee for that other corporation (except where that other corporation is concerned only in a fiduciary ca- pacity); or (ii) by, or by a nominee for, a sub- sidiary of that other corporation, not being a subsidiary which is concerned only in a fiduciary ca- pacity; shall be treated as held or exercisable by that other corporation; (c) any shares held or power exercisable by any person by virtue of the provisions of any debentures of the first mentioned corporation or of a trust deed for securing any issue of such debentures shall be disregarded; and (d) any shares held or power exercisable by, or by a nominee for, that other corpor- ation or its subsidiary (not being held or exercisable as mentioned in paragraph (c) of this subsection) shall be treated as not held or exercisable by that other corporation if the ordinary business of that other corporation or its subsidiary, as the case may be, includes the lending of money and the shares are held or power is so exercisable by way of secur- ity only for the purposes of a transaction entered into in the ordinary course of that business. (4) A reference in this Act to the holding company of a company or other corporation shall be read as a reference to a corporation of which that last mentioned company or corporation is a subsidiary. (5) Where a corporation— (a) is the holding company of another cor- poration; (b) is a subsidiary of another corporation; (c) is a subsidiary of the holding company of another corporation; that first mentioned corporation and that other corporation shall for the purposes of this Act, be deemed to be related to each other.) 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2529 (5) Such service shall include— (a) any period of absence from duty on any annual leave or long service leave; (b) any period of absence from duty necessi- tated by sickness of, or injury to, the worker, but only to the extent of 15 working days in any year of his employment; (c) any period following any termination of the employment by the employer if such termin- ation has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any award in respect of annual leave; (d) any period during which the service of the worker was or is interrupted by service— (i) as a member of the Naval, Military or Air Forces of the Commonwealth of Australia other than as a member of the British Commonwealth Occu- pation Forces in Japan and other than as a member of the Permanent Forces of the Commonwealth of Aus- tralia except in the circumstances referred to in section 31 (2) of the De- fence Act, 1903-1956, and except in Korea or Malaya after 26th June, 1950; (ii) as a member of the Civil Construction Corps established under the National Security Act, 1939-1946; (iii) in any of the Armed Forces under the National Service Act, 1951 (as amended). Provided that the worker as soon as reasonably practicable on the completion of any such service resumed or resumes em- ployment with the employer by whom he was employed, immediately before the com- mencement of such service. (6) Service shall be deemed to be continuous notwithstanding— (a) the transmission of a business as referred to in paragraph (3) of this subclause; (b) the employment with related companies as referred to in paragraph (4) of this subclause; (c) any interruption of a class referred to in paragraph (5) of this subclause; (d) any absence from duty authorised by the employer; (e) any standing down of a worker in accord- ance with the provisions of an award, indus- trial agreement, order or determination under either Commonwealth or State law; (f) any absence from duty arising directly or in- directly from an industrial dispute if the worker returns to work in accordance with the terms of settlement of the dispute; (g) any termination of the employment by the employer on any ground other than slack- ness of trade if the worker be re-employed by the same employer within a period not exceeding two months from the date of such termination; (h) any termination of the employment by the employer on the ground of slackness of trade if the worker is re-employed by the same employer within a period not exceeding six months from the date of such termination; (i) any reasonable absence of the worker on legitimate union business in respect of which he has requested and been refused leave; (j) any absence from duty after the coming into operation of this clause by reason of any cause not specified in this clause unless the employer, during the absence or within 14 days of the termination of the absence notifies the worker in writing that such ab- sence will be regarded as having broken the continuity of service, which notice may be given by delivery to the worker personally or by posting it by registered mail to his last recorded address, in which case it shall be deemed to have reached him in due course of post. Provided that the period of absence from duty or the period of any interruption referred to in placita (d) to (j) inclusive of this paragraph, shall not (except as set out in paragraph (5) of this subclause), count as service. Period of Leave. (1) The leave to which a worker shall be entitled or deemed to be entitled shall be as provided in this subclause. (2) Subject to the provisions of paragraphs (5) and (6) of this subclause: Where a worker has completed at least 15 years' service, the amount of leave shall be— (a) in respect of 15 years' service so com- pleted—13 weeks' leave; (b) in respect of each 10 years' service com- pleted after such 15 years—eight and two-thirds weeks' leave; (c) on the termination of the worker's em- ployment— (i) by his death; (ii) in any circumstances otherwise than by his employer for serious misconduct; in respect of the number of years' ser- vice with the employer completed since he last became entitled to an amount of long service leave, a proportionate amount on the basis of 13 weeks for 15 years' service. (3) Subject to the provisions of paragraph (6) of this subclause, where a worker has completed at least 10 years' service, but less than 15 years' service since its commencement and his employment is termin- ated: (a) by his death; or (b) in any circumstances, otherwise than by his employer for serious misconduct; the amount of the leave shall be such proportion of 13 weeks' leave as the number of completed years of such service bears to 15 years. (4) In the cases to which paragraphs (2)(c) and (3) of this subclause apply, the worker shall be deemed to have been entitled to and to have commenced leave immediately prior to such termination. (5) A worker whose service with an employer com- menced before 1st October, 1964 and whose service would entitle him to long service leave under this clause, shall be entitled to leave calculated on the fol- lowing basis: (a) for each completed year of service com- mencing before the 1st October, 1964 and amount of leave calculated on the basis of 13 weeks' leave for 20 years' service; and (b) for each completed year of service com- mencing on or after the 1st October, 1964 an amount of leave calculated on the basis of 13 weeks' leave for 15 years' service. Provided that such worker shall not be entitled to long service leave until his com- pleted years of service entitle him to the amount of long service leave prescribed in either paragraph (2)(a) or (2)(b) of this subclause as the case may be. 2530 (6) A worker to whom paragraphs (2)(c) and (3) of this subclause apply whose service with an employer commenced before 1st October. 1964 shall be entitled to an amount of long service leave calculated on the following basis— (a) for each completed year of service com- mencing before the 1st October, 1964 an amount of leave calculated on the basis of 13 weeks' leave for 20 years' service; and (b) for each completed year of service com- mencing on or after 1st October, 1964 an amount of leave calculated on the basis of 13 weeks' leave for 15 years' service. Payment for Period of Leave. (1) A worker shall, subject to paragraph (3) of this subclause, be entitled to be paid for each week of leave to which he has become entitled or is deemed to have become entitled, the rate of pay applicable to him at the date he commences such leave. (2) Such rate of pay shall be the rate applicable to him for the standard weekly hours which are pre- scribed by this award (or agreement), but in the case of casuals and part time workers, shall be the rate for the number of hours usually worked up to but not ex- ceeding the prescribed standard. (3) Where by agreement between the employer and the worker the commencement of the leave to which the worker is entitled or any portion thereof is post- poned to meet the convenience of the worker, the rate of payment for such leave shall be at the rate of pay applicable to him at the date of accrual, or, if so agreed, at the rate of pay applicable at the date he commences such leave. (4) The rate of pay: (a) shall include any deductions from wages for board and/or lodging or the like, which is not provided and taken during the period of leave; (b) shall not include shift premiums, overtime, penalty rates, special rates, disability allow- ances, fares and travelling allowances or the like. (5) In the case of workers employed on piece or bonus work or any other system of payment by re- sults, the rate of pay shall be calculated by averaging the worker's rate of pay for each week over the pre- vious three monthly period. Taking Leave. (1) In a case to which placita (a) and (b) of para- graph (2) of subclause (3) apply: (a) leave shall be granted and taken as soon as reasonably practicable after the right thereto accrues due or at such time or times, as may be agreed between the employer and the worker or in the absence of such agree- ment at such time or times as may be deter- mined by the Special Board of Reference having regard to the needs of the employer's establishment and the worker's circum- stances; (b) except where the time for taking leave is agreed to by the employer and the worker or determined by the Special Board of Reference, the employer shall give to the worker at least one month's notice of the date from which his leave is to be taken; (c) leave may be granted and taken in one con- tinuous period or if the employer and the worker so agree in not more than three sep- arate periods in respect of the first 13 weeks' entitlement and in not more than two separ- ate periods in respect of any subsequent period of entitlement; (d) any leave shall be inclusive of any public holidays specified in this award (or agree- ment) occurring during the period when the leave is taken, but shall not be inclusive of any annual leave; (e) payment shall be made in one of the follow- ing ways: (i) in full before the worker goes on leave; (ii) At the same time as his wages would have been paid to him if the worker had remained at work, in which case payment shall, if the worker in writing so requiries, be made by cheque posted to an address specified by the worker; or (iii) in any other way agreed between the employer and the worker; (f) no worker shall, during any period when he is on leave, engage in any employment for hire or reward in substitution for the em- ployment from which he is on leave, and if a worker breaches this provision he shall thereupon forfeit his right to leave hereunder in respect of the unexpired period of leave upon which he has entered, and the employer shall be entitled to with- hold any further payment in respect of the period and to reclaim any payments already made on account of such period of leave. (2) In the case to which paragraph (2)(c) or para- graph (3) of subclause (3) applies and in any case in which the employment of the worker who has become entitled to leave hereunder is terminated before such leave is taken or fully taken, the employer shall, upon termination of his employment otherwise than by death, pay to the worker, and upon termination of employment by death, pay to the personal represen- tative of the worker upon request by the personal representative, a sum equivalent to the amount which would have been payable in respect of the period of leave to which he is entitled or deemed to have been entitled and which would have been taken but for such termination. Such payment shall be deemed to have satisfied the obligation of the em- ployer in respect of leave hereunder. Granting Leave in Advance and Benefits to be Brought into Account. (1) Any employer may by agreement with a worker, allow leave to such a worker before the right thereto has accrued due, but where leave is taken in such case the worker shall not become entitled to any further leave hereunder in respect of any period until after the expiration of the period in respect of which such leave had been taken before it accrued due. (2) Where leave has been granted to a worker pur- suant to the preceding paragraph before the right thereto has accrued due and the employment sub- sequently is terminated, the employer may deduct from whatever remuneration is payable upon the ter- mination of the employment, such amount as rep- resents payment for any period for which the worker has been granted long service leave to which he was not at the date of termination of his employment or prior thereto, entitled. (3) Any leave in the nature of long service leave or payment in lieu thereof under a State Law or a long service leave scheme not under the provisions hereof granted to a worker by his employer in respect of any period of service with the employer, shall be taken into account whether the same is granted before or after the coming into operation hereof and shall be deemed to have been leave taken and granted hereunder in the case of leave with pay to the extent of the period of such leave and in the case of payment in lieu thereof, to the extent of a period of leave with pay equivalent thereof of the entitlement of the worker hereunder. 27th October, 1982,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. Records to be kept. (1) Each employer shall, during the employment and for a period of twelve months thereafter, or in the case of termination by death of the worker for a period of three years thereafter, keep a record from which can be readily ascertained, the name of each worker, and his occupation, the date of the com- mencement of his employment and his entitlement to long service leave and any leave which may have been granted to him, or in respect of which payment may have been made hereunder. (2) Such record shall be open for inspection in the manner and circumstances prescribed by this award (or agreement) with respect to the time and wages record. Special Board of Reference. (1) There shall be constituted a Special Board of Reference for the purpose hereof to which all dis- putes and matters arising hereunder shall be referred and the Board shall determine all such disputes and matters. (2) There shall be assigned to such Board, the functions of— (a) the settlement of disputes of any matters arising hereunder; (b) the determination of such matters as are specifically assigned to it hereunder. (3) The Board of Reference shall consist of one representative or substitute therefor nominated from time to time by the Confederation of Western Aus- tralian Industry (Incorporated) and one representa- tive or substitute nominated from time to time by the Trades and Labor Council of Western Australia together with a Chairman to be mutually agreed upon by the organisations named in this paragraph. State Law. (1) The provisions of any State law to the extent to which they have before the coming into operation hereof conferred an accrued right on a worker to be granted a period of long service leave in respect of a completed period of 15 or more years' service or em- ployment or an accrued right on a worker or his per- sonal representative to payment in respect of long service leave shall not be affected hereby and shall not be deemed to be inconsistent with the provisions hereof. (2) The entitlement of any such worker to leave in respect of a period of service with the employer com- pleted after the period in respect of which the long service leave referred to in paragraph (1) of this subclause accrued due, shall be in accordance here- with. (3) Subject to paragraphs (1) and (2) of this subclause, the entitlement to leave hereunder shall be in substitution for and satisfaction of any long service leave to which the worker may be entitled in respect of employment of the worker by the em- ployer. (4) An employer who under any State Law with regard to long service leave is exempted from the pro- visions of that law as at the first day of April, 1958, shall in respect of the workers covered by such exemptions be exempt from the provisions hereof. Exemptions. The Special Board of Reference may, subject to such conditions as it thinks fit, exempt any employer from the provisions hereof in respect of its employees where there is an existing or prospective long service scheme which, in its opinion, is, viewed as a whole, more favourable for the whole of the employees of that employer than the provision hereof. 24.—Preference. No longer in force—see section 117(l)(g) of the Industrial Arbitration Act, 1979. 25.—Payment of Wages. Where an obligation to pay a final amount contains a decimal figure of .5 of a per cent or more, the amount to be paid shall be the next whole cent. Example—5.5 cents becomes 6.0 cents. Where the amount to be paid contains a decimal figure of less than .5 of a cent, such decimal figure shall be disre- garded. Example—5.4 cents becomes 5.0 cents. 26.—Bereavement Leave. (1) A worker, shall on the death within Australia of a wife, husband, father, mother, brother, sister, child or stepchild, be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the worker in two ordinary working days. Proof of such death shall be furnished by the worker to the satisfaction of his employer. (2) Payment in respect of compassionate leave is to be made only where the worker otherwise would have been on duty and shall not be granted in any case where the worker concerned would have been off duty in accordance with any shift roster or on long service leave, annual leave, sick leave, workers' com- pensation, leave without pay or on a public holiday. Respondent. Australian Seal Company Pty. Limited. Dated at Perth this 15th day of September, 1960. PAINTERS' (Shipping). Award No. 32A of 1961. 1.—Title, d shall be known as t This award shall be known as the Pa (Shipping) Award, 1967. 2.—Arrangement 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term. 5. Hours. 6. Wages. 7. Special Rates and Conditions. 8. Overtime. 9. Holidays and Annual Leave. 10. Absence Through Sickness. 11. Long Service Leave. 12. Payment of Wages. 13. Contract of Service. 14. Lighting and Ventilation. 15. Protective Clothing and Equipment. 16. Ships' Crews. 17. Representative Interviewing Workers. 18. Record Book. 19. Preference to Unionists. 20. Fares and Travelling Time. Schedule of Respondents. Painters' 2532 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 3.—Area and Scope. Subject to the determination of the Special Board in Application No. 32 of 1945, this award shall op- erate within a radius of 25 miles from the G.P.O., Perth and shall apply to workers who are, or are eli- gible to become members of the Applicant Union and employed by the respondents on the painting of ships and small craft of all sizes and description. Liberty is reserved to apply to amend this clause in respect of the application of this award to hovercraft. 4.—Term. The term of this award shall be from the beginning of the first pay period commencing on or after the date hereof until the 13th day of July, 1970. (The date of this award is the 13th day of July, 1967.) 5.—Hours. (1) The ordinary working hours shall be eight hours per day, Monday to Friday inclusive and shall be worked between the hours of 7.30 a.m. and 5.00 p.m. on each of those days. (2) An interval of not less than 30 minutes and not more than 60 minutes shall be allowed for lunch each day. (3) (a) Subject to the provisions of this subclause a rest period of seven minutes from the time of ceasing to the time of resumption of work shall be allowed each morning. (b) The rest period shall be counted as time off duty without deduction of pay and shall be arranged at a time and in a manner to suit the convenience of the employer. (c) Refreshments may be taken by workers during the rest period but the period of seven minutes shall not be exceeded under any circumstances. (d) An employer who satisfies the Commission that any worker has breached any condition expressed or implied in this subclause may be exempted from liab- ility to allow the rest period. (e) In an establishment in which the majority of workers are not subject to this award, the provisions of this subclause do not apply but any worker to whom this award applies shall be entitled to the rest period, if any, which may be allowed to the aforesaid majority. 6.—Wages. The minimum rate of wage payable under the pro- visions of this award shall be as follows— $ (1) (a) Base Rate 194.80 Painter or Signwriter. (b) Special Payment 19.00 The Special Payment shall be paid to all workers covered by this award and shall be regarded as part of the "total rate" for all purposes. (c) Disability Allowance 8.10 The Disability Allowance shall be paid to all workers covered by this award to com- pensate for all the disabilities associated with ship construc- tion and repair work. (d) Tool Allowance 1.10 The Tool Allowance shall not be paid where the employer supplies the worker with all necessary tools. (2) A Casual Worker (i.e. a worker who is not provided with one month's continuous em- ployment) shall be paid twenty per cent of the ordinary rate in addition to the ordinary rate whilst so employed. (3) In addition to the wage prescribed in subclause (l)(a) of this clause a Leading Hand shall be paid— $ (a) If placed in charge of not less than three and not more than 10 other workers 10.60 (b) If placed in charge of more than ten and not more than 20 other workers 16.10 (c) If placed in charge of more than 20 other workers 20.90 (4) Alteration of Total Wage Rate: If, after August 1977, the Australian Conciliation and Arbitration Commission alters total wage rates in awards under its jurisdiction on economic grounds then the rate in subclause (l)(a) of this clause shall be automatically increased or decreased in the same way. No variation to the basic wage as determined from time to time by the West- ern Australian Industrial Commission shall in any way vary or affect this clause. 7.—Special Rates and Conditions. (1)(a) Lead paint surfaces shall not be dry-rubbed, etc. No surface painted with lead paint shall be rubbed down or scraped by a dry process. (b) Width of brushes: All paint brushes shall not exceed five inches in width and no kalsomine brush shall be more than seven inches in width. (c) Meals are not to be taken in the paint shop. No worker shall be permitted to have a meal in a paint shop or place where paint is stored or used. (d) Lead paint shall not be applied by a spray to the interior of any building or compartment. (e) All workers (including apprentices) applying paint by spraying shall be provided with full overalls and head covering and respirators by the employer. (2) Painters shall be allowed five minutes for wash- ing hands immediately prior to meal time and knocking-off time each day. (3) Water and soap shall be provided in each shop or on each job by the employer for the use of painters. (4) Toxic substances: (a) A worker required to use toxic substances or materials of a like nature shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be ob- served in the use of such materials. (b) A worker using such materials will be pro- vided with and shall use all safeguards as are required by the appropriate Government Authority or in the absence of such require- ment such safeguards as are determined by a competent authority or person chosen by the union and the employer. (c) For the purpose of this subclause all ma- terials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature. (5) First Aid Outfit: On each job the employer shall provide a sufficient supply of bandages and antisep- tic dressing for use in cases of accident. (6) A worker holding a Third Year First Aid Med- allion of the St. John Ambulance Association, ap- pointed by the employer to perform first aid duties, shall be paid at the rate of Two Dollars per week in addition to the prescribed rate. (7) (a) The employer shall supply a safety helmet to each of his workers requesting one on any job where, pursuant to the regulations made under the Con- struction Safety Act, 1972, a worker is required to wear such a helmet. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2533 (b) Any helmet so supplied shall remain the prop- erty of the employer and during the time it is on issue, the worker shall be responsible for any loss or damage thereto, fair wear and tear attributable to or- dinary use excepted. (8) Provision of Boiling Water: The employer shall, where practicable, provide boiling water for the use of his workers on each job, at lunch time. 8.—Overtime. (1) (a) Time and one half shall be paid up to the usual starting time for work commencing at or after 6.00 a.m. (b) Double time shall be paid up to the usual starting time for work commencing between mid- night and 6.00 a.m. (c) All work done on Sundays shall be paid for at the rate of double time. All work done on the hol- idays prescribed in Clause 9.—Holidays and Annual Leave of this award shall be paid for at the rate of double time and a half. (d) Subject to the foregoing provisions of this subclause, all time worked in excess of or outside the usual working hours shall be paid for at the rate of time and one half for the first two hours and double time thereafter. (2) In the calculation of overtime each day shall stand alone. (3) When a worker is required for duty during any meal time, whereby his meal is postponed for more than one half hour, he shall be paid at the rate of double time until he gets his meal. (4) A worker shall not be compelled to work for more than six hours without a break for a meal. (5) (a) Subject to the provisions of this subclause a worker who is required to continue working after his usual ceasing time for more than two hours shall be supplied with a meal by his employer or be paid $2.50 for a meal. (b) For the purpose of paragraph (a) of this subclause the continuity of work shall not be deemed to have been interrupted by any meal break allowed. (c) Where the amount of overtime worked necessi- tates more than one meal, the employer shall supply each such additional meal or pay the worker $1.75 for each such additional meal. (d) The provisions of paragraphs (a) and (c) of this subclause shall not apply— (i) In respect of any period of overtime for which the worker has been notified on the previous day or earlier that he will be re- quired; (ii) To any worker who lives in the locality in which the place of work is situated in re- spect of any meal for which he can reason- ably go home. (e) If a worker to whom paragraph (d) of this subclause applies has, as a consequence of the notifi- cation referred to in that paragraph, provided him- self with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified he shall be paid for each meal pro- vided and not required the appropriate amount pre- scribed above. (6) (a) Any employer may require a worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirements. (b) The union or worker or workers covered by this award shall not in any way, whether directly or in- directly, be party to or concerned in any ban, limi- tation or restriction upon the working of overtime in accordance with the requirements of this subclause. 9.—Holidays and Annual Leave. (1) The following days or the days observed in lieu shall, subject to Clause 8.—Overtime hereof, be al- lowed as holidays without deduction of pay, namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in the subclause. (2) When any of the days mentioned in subclause (2) hereof falls on a Saturday or a Sunday, the hol- iday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holidays shall be observed on the next succeeding Tuesday. In each such case the substi- tuted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. (3) (a) Except as hereinafter provided a period of four consecutive weeks' leave, with payment as pre- scribed in paragraph (b) hereof, shall be allowed an- nually to a worker by his employer after a period of 12 months' continuous service with that employer. (b) (i) A worker before going on leave shall be paid the wages he would have received in respect of the ordinary time he would have worked had he not been on leave during the relevant period. (ii) Subject to paragraph (c) hereof a worker shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following:— (aa) The rate applicable to him as pre- scribed in Clause 6.—Wages, (bb) Any other rate to which the worker is entitled in accordance with his contract of employment for ordi- nary hours of work; provided that this provision shall not operate so as to include any payment which is of similar nature to or is paid for the same reasons or is paid in lieu of those payments prescribed by Clause 7.—Special Rates and Pro- visions or Clause 8.—Overtime of this award, nor any payment which might have become payable to the worker as reimbursement for ex- penses incurred. (c) During a period of annual leave a worker shall receive 'a loading calculated on the rate of wage pre- scribed by paragraph (b)(ii)(aa) of this subclause. The loading shall be as follows:— Day Workers—A worker who would have worked on day work had he not been on leave—a loading of 17 U per cent. The loading prescribed by this subclause shall not apply to proportionate leave on termination. (4) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordi- nary working day, there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid. (5) If after one month's continuous service in any qualifying twelve monthly period a worker leaves his employment-or his employment is terminated by the employer through no fault of the worker, the worker shall be paid one-third of a week's pay at his ordinary rate of wage in respect of each completed month of continuous service. (6) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this award shall not count for the purpose of determining his right to annual leave. 2534 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (7) In the event of a worker being employed by an employer for portion only of a year he shall only be entitled subject to subclause (5) of this clause, to such annual leave on full pay as is proportionate to his length of service during that period with such em- ployer and if such leave is not equal to the leave given to other workers of such employer, he shall not be en- titled to work or pay whilst the other workers of such employer are on leave on full pay. (8) A worker who is justifiably dismissed for mis- conduct shall not be entitled to the benefit of the provisions of this clause. (9) The provisions of this clause shall not apply to casual workers. (10) In special circumstances and by mutual con- sent of the employer, the worker and the union, annual leave may be taken in not more than two periods. (11) Notwithstanding the provisions of this clause an employer who observes a Christmas closedown for the purpose of granting annual leave may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week. 10.—Absence Through Sickness. (1) A worker other than a casual worker, shall be entitled to payment for non-attendance on the ground of personal ill health at the rate of one- twelfth of a week's pay for each completed month of service. Provided that subject to subclause (7) hereof, payment of absence through such ill health shall be limited to one week's pay in each calendar year. (2) Payment hereunder may be adjusted at the end of each calendar year or at the time the worker leaves the service of the employer in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. (3) This clause shall not apply when the worker is entitled to compensation under the Workers' Com- pensation Act. (4) A worker shall not be entitled to receive any wages from his employer for any time lost through any accident not arising out of or in the course of his employment or for any accident wherever sustained arising out of his own wilful default or for sickness arising out of his own wilful default. (5) No worker shall be entitled to the benefits of his clause unless he produces proof satisfactory to his employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for three days or more. (6) Notwithstanding the provisions of subclause (5) hereof a worker who in any calendar year has already been allowed paid sick leave shall not be entitled to payment for any further absence unless he produces to the employer a medical certificate stating that he was unable to attend for duty on account of personal ill health if such certificate is demanded by the em- ployer. (7) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been al- lowed to any worker by his employer as paid sick leave may be claimed by the worker and subject to the conditions hereinbefore prescribed, shall be al- lowed by his employer in any subsequent year with- out diminution of the sick leave prescribed in respect of that year. Provided that sick leave which accumu- lates pursuant to this subclause shall be available to the worker for a period of two years but no longer from the end of the year in which it accrues. 11.—Long Service Leave. The long service leave provisions set out in Volume 59 of the Western Australian Industrial Gazette at pages 1 to 6 inclusive are hereby incorporated in and shall be deemed to be part of this award. 12.—Payment of Wages. (1) When a worker is discharged for reasons other than misconduct or lawfully terminates his services he shall be paid all wages due to him before leaving the job. (2) An employer shall not keep more than two days pay in hand. (3) Payment of wages shall be made on or before Friday of each week at or before the usual finishing time on the normal pay day of each week. (4) Wages shall not be paid in the meal time. 13.—Contract of Service. One week's notice on either side shall be necessary to terminate the contract of service of any worker, other than a casual worker (where the notice shall be one hour). If the required notice of termination is not given, one week's wages shall be paid or forfeited, or in the case of a casual worker, one hour's pay shall be paid or forfeited. 14.—Lighting and Ventilation. The employer shall provide an efficient system of lighting and ventilation on all jobs, where necessary. All manhole doors to be removed while men are working. 15.—Protective Clothing and Equipment. (1) Goggles and medical pads for use in respirators shall be supplied where the nature of the employ- ment is such as to warrant their respective use. (2) All protective clothing and equipment shall at all times remain the property of the employer and shall be returned at the finish of each job or on the occasion of a fresh issue being made. 16.—Ships' Crews. Bona fide members of the ship's crew, whether on articles or not, shall not be debarred from carrying out any duties in connection with cleaning, chipping, painting or scraping of any vessel above lightfloat line, that they have hitherto been accustomed to per- form. 17.—Representative Interviewing Workers. On notifying the employer or his representative, the Secretary or any authorised officer of the Union or Association shall have the right to visit and inspect any job or shop or factory at any time when work is being carried on whether during or outside the ordi- nary working hours and to interview the workers covered by this award provided that he does not un- duly interfere with the work in progress. 18.—Record Book. (1) Each employer shall keep a time and wages book showing the name of each worker, the nature of his work, the hours worked each day and the wages and allowances paid each week. Any system of automatic recording by means of machines shall be deemed to comply with this provision to the extent of the information recorded. (2) The time and wages record shall be open for in- spection by a duly accredited official of the union during the usual office hours, at the employer's office or other convenient place and he shall be allowed to take extracts therefrom. The employer's works shall be deemed to be a convenient place for the purpose 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2535 of this paragraph and if for any reason the record be not available at the works when the official calls to inspect it, it shall be made available for inspection within 12 hours, either at the employer's office or at the works. 19.—Preference to Unionists. No longer in force—see section 117(l)(g) of Indus- trial Arbitration Act, 1979. 20.—Fares and Travelling Time. (1) Where a worker is required to work away from his employer's premises the following provisions shall apply. (a) He shall be paid fares in excess of those he would incur in travelling between his home and the employer's premises. (b) He shall be paid travelling time at his ordi- nary rate of pay incurred in travelling to and from the site in excess of the travelling time he incurs in travelling between his home and the employer's premises provided such travelling time to and from the site is out- side his normal hours of work. (c) Where an employer requests a worker to use his own car and the worker agrees, an amount of 14 cents per kilometre shall be paid for kilometres in excess of the kilo- metres a worker would normally incur in travelling between his home and the em- ployer's premises. (2) For travelling during working hours from and to the employer's premises or from one job to another, a worker shall be paid by the employer at or- dinary rates. The employer shall pay all fares and reasonable expenses in connection with such travelling. Provided that if an employer requests the worker to use his own vehicle the employer shall pay a car allowance of not less than fourteen cents per kilometre for each kilometre the worker travels in response to such requests. Schedule of Respondents. Dillingham Shipyards (W.A.) Pty. Ltd. Guardian Industries. Peterson & Co. Pty. Ltd. Fremantle Shipwrighting Co. Triplet Industries. Dated at Perth the 13th day of July, 1967. PIPE, TILE AND POTTERY MANUFACTURING INDUSTRY. Award No. 34 of 1978. 1.—Title. This award shall be known as the Pipe, Tile and Pottery Manufacturing Industry Award and shall re- place the Pottery Workers (Pipe and Tile Section) Award No. 24 of 1969 as amended and the Pottery Workers (C. R. Courtland Pty. Limited) Award No. 31 of 1965 as amended. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Contract of Service. 8. Hours. 9. Overtime. 10. Shiftwork. 11. Wages. 12. Mixed Functions. 13. Meal Interval. 14. Payment of Wages. 15. Time and Wages Record. 16. Union Notices and Posting of Award. 17. Inspection by Union. 18. Absence Through Sickness. 19. Holidays. 20. Annual Leave. 21. Bereavement Leave. 22. Long Service Leave. 23. General. 24. Protective Clothing. 25. Under Rate Workers. 26. Board of Reference. 27. Preference to Unionists. 28. Breakdowns etc. Schedule of Respondents. 3.—Scope. This award shall apply to all workers employed in the callings listed in Clause 11.—Wages hereof by employers engaged in the Pipe, Tile and Pottery Manufacturing Industry. 4.—Area. This award shall operate throughout the State of Western Australia. 5.—Term. The term of this award shall be for a period of two years from the date hereof. 6.—Definitions. (1) "Leading Hand" shall mean a worker who is ap- pointed as such by the employer and who in addition to his ordinary duties is required to supervise other workers. (2) "Casual Worker" shall mean a worker specifi- cally engaged as such for a period less than one month. Provided that a worker whose service termin- ates for any reason other than misconduct within one month of commencing employment shall be deemed a casual worker. 7.—Contract of Service. One days notice shall be necessary to terminate the services of all workers. In the event of an employer or a worker failing to give the required notice, one days wages shall be paid or forfeited. Provided that this shall not affect the right of the employer to dismiss a worker without notice for misconduct, in which case the worker shall be paid up to the time of dismissal. 8.—Hours. (1) Except as provided in Clause 10.—Shift Work of this award the ordinary working hours shall not exceed 40 per week and shall be worked in straight shifts of eight hours (exclusive of meal breaks) be- tween the hours of 6 a.m. and 6 p.m. Monday to Friday inclusive. 21681—12 2536 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (2) The starting and finishing times in any estab- lishment shall only be altered by the employer giving seven days notice to his workers of such alterations, except when otherwise agreed between the employer and the Union. 9.—Overtime. (1) Except in the case of burners and shift workers: (a) All work done beyond the ordinary working hours on any day Monday to Friday inclus- ive, shall be paid at the rate of time and one half for the first two hours and double time after that. (b) Work done on Saturdays prior to 12 noon shall be paid for at the rate of time and one half for the first two hours and double time thereafter. (c) Work done on Saturdays after 12 noon or on Sundays shall be paid for at the rate of double time. Work done on any day pre- scribed as a holiday under this award shall be paid for at the rate of double time and a half. (d) When a worker is required for duty during any meal time whereby his meal is post- poned for more than one hour, he shall be paid at overtime rates until he gets his meal. (2) In the case of burners and shift workers: (a) All work performed outside the rostered hours of duty shall be deemed overtime and paid at the rate of double time. (b) All rostered work performed on: (i) Saturday shall be paid at the rate of time and one half. (ii) Sundays shall be paid at the rate of time and three quarters. (iii) Holidays, as prescribed in Clause 19.—Holidays of this award shall be paid at the rate of double time. Pro- vided that these rates shall apply in lieu of the rates prescribed in Clause 10. (2)—Shift Work of this award. (c) Time worked in excess of ordinary hours shall be paid for at ordinary rates— (i) If it is due to private arrangements between the workers themselves; or (ii) If it is due to the failure of the reliev- ing man to come on duty at the ap- pointed time, provided that where it exceeds two hours, overtime rates shall apply; or (iii) If it is for the purpose of effecting the customary rotation of shifts. (d) When a worker is required for duty during his usual meal time and his meal time is thereby postponed for more than one hour he shall be paid at overtime rates until he is able to take his meal time. (3) (a) Any worker required to work overtime for more than two hours without being notified on the previous day or earlier shall be supplied with a meal by the employer or paid $3.00 for a meal. (b) If the amount of overtime to be worked necessi- tates a second or subsequent meal the employer shall, unless he has previously notified the worker or workers concerned the day before or earlier that such second or subsequent meal will also be required, pro- vide such meal or pay an amount of $3.00 for each second or subsequent meal. (c) If a worker or workers, pursuant to notice, has provided a meal and is not required to work overtime, such worker or workers shall be paid $3.00 for each meal provided. (4) Rest Period: Except for Kiln Burners and Double Shifts during week days: (a) When overtime work is necessary it shall, wherever reasonably practicable, be so ar- ranged that workers have at least 10 con- secutive hours off duty between the work of successive days during week days. (b) A worker (other than a casual worker) who works so much overtime between the ter- mination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least 10 consecutive hours off duty between those times shall, subject to this subclause, be re- leased after completion of such overtime until he has had 10 consecutive hours off duty without loss of pay for ordinary work- ing time occurring during such absence. (c) If, on the instructions of his employer, such a worker resumes or continues work without having had such 10 consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (5) Notwithstanding anything contained herein:— (a) An employer may require any worker to work reasonable overtime at overtime rates and such a worker shall work overtime in ac- cordance with such requirements. (b) The union or any worker or workers covered by this award, shall not in any way, whether directly or indirectly be a party to or con- cerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause. (6) Liberty is reserved to the union party to this award to apply to amend this clause at any time for the purpose of including a provision relating to the manner in which overtime shall be allocated by an employer to a particular worker or workers. 10.—Shift Work. (1) Where two or more shifts in any one day are worked, the hours of shift workers shall be such as are mutually agreed upon between the employer and the Union. Failing agreement, the hours of shift workers shall be fixed by the Board of Reference. (2) Any worker employed on an afternoon shift or night shift shall be paid $5.05 per shift in addition to the wage rate prescribed for his class of work in this award. (3) (a) Where any particular process is carried out on shifts other than day shifts and less than five con- secutive afternoon or five consecutive night shifts are worked on that process, then workers employed on such afternoon or night shifts shall be paid at overtime rates. (b) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or on any holiday. Provided that this subclause shall not apply to Burners. (4) Where any worker, having ceased work and having left the factory is recalled to work the whole or part of any shift over and above his rostered hours, such time shall be paid for at the rate of double time. (5) Where a worker is not required to work a shift in accordance with his normal roster because of any of the holidays prescribed in Clause 19.—Holidays of this award he shall be paid the shift loading pre- scribed in subclause (2) of this clause for that shift. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2537 Classification: (1) Adult Workers (2) When a worker's service is terminated for any reason he shall be paid all wages due to him within one day of ceasing work. Fork Lift Drivers 219.90 Platform Lift Driver 217.40 Burner 215.80 Millman Mixer 209.20 Moulder 209.20 Thrower 209.00 Setter Drawer 207.70 Junction Sticker 206.50 Pipe Machine Operator 203.80 Taker off pipes (full automatic) 203.80 Lathe Machine Operator 203.80 Panman 203.80 Taker off tiles 203.80 Gang tile drawer (Caversham) 203.80 Pot Machine Operator (Large) and/or Vent Machine Operator 203.80 Tow Motor Driver 202.90 Burnt Ware Sorter (pipe tester) 202.20 Plant Attendant Oiler 202.20 Pipe Drawer Assistant 200.50 Forking Tiles (Caversham) 200.50 Packer (despatch) 200.50 Hand Colour Sprayer 200.50 Slipper 200.50 Cleaner (Flue and Oil Burner) 200.50 Ridge Maker 200.50 All Others 197.10 (2) Junior Workers: Under 17 years of age 70% 137.97 17 to 18 years of age 75% 147.83 18 to 19 years of age 90% 177.39 19 years of age 100%) 197.10 (3) Leading Hands—In Charge: (a) Not less than three and not more than 10 other workers 10.70 (b) More than 10 but not more than 20 other workers 16.30 (c) More than 20 other workers 21.10 (4) Casual Workers shall receive 20 per cent in addition to the rates prescribed in this clause for the work performed. 12.—Mixed Functions. (1) A worker engaged on duties carrying' a higher rate than his ordinary classification shall be paid the rate of wage for the time he is so engaged but if he is so engaged for more than half of one day or shift he shall be paid the higher rate for the whole day or shift. (2) A worker's regular rate of wage shall not be reduced whilst he is temporarily employed on work classified with a lower minimum rate of wage. 13.—Meal Interval. (1) (a) Not less than 30 minutes nor more than one hour shall be allowed for a meal each day. (b) No worker shall be compelled to work for more than five and a half hours without a break for. a meal. (c) When a worker is required for duty during any meal time whereby his meal time is postponed for more than one hour he shall be paid at overtime rates until he gets his meal. (2) Provided that the existing meal interval prac- tice for Caversham day shifts may continue. 14.—Payment of Wages. (1) All wages shall be paid on the job within 20 minutes of the close of the day's work at least once a fortnight. 15.—Time and Wages Record. (1) The employer shall keep or cause to be kept a record or records containing the following particu- lars:— (a) Full name of each worker. (b) The nature of his work. (c) The hours worked each day and each week. (d) The wages and overtime (if any) paid each week. (e) The age of each junior worker. Any system of automatic recording by machine shall be deemed to comply with this provision to the extent of the information recorded. (2) The time and wages record and time cards shall be open for inspection by a duly accredited official of the union during the usual office hours at the em- ployer's office or other convenient place and the rep- resentative may be allowed to take extracts therefrom. The authorised representative of the Union shall be supplied upon request with the resi- dential address of each worker. 16.—Union Notices and Posting of Award. (1) An employer shall provide a notice board of reasonable dimensions to be erected in a prominent position in his establishment upon which an ac- credited union representative shall be permitted to post formal Union notices, signed or countersigned by the representative posting them. Any notice posted on such board not signed or countersigned may be removed by an accredited union representa- tive or the employer. (2) A copy of this award is supplied by the Union shall be allowed to be posted on the notice board referred to in subclause (1) of this clause. 17.—Inspection by Union. (1) An accredited representative of the Union shall be permitted to interview the workers on the business premises of the employer during non-work- ing times or meal breaks. (2) In the case of a dispute between the Union and an employer which is likely to lead to a cessation of work or to an application to the Commission and which involves the inspection of workers or of machines in the process of production on which such workers are engaged, that Union representative shall have the right of inspection at any time at which the workers or machines concerned are working, but shall not interfere in any way with the carrying out of such work, and this permission shall not be exercised with- out the consent of the employer more than once in any one week. (3) The duly accredited representative shall notify the employer beforehand of his intention to exercise his rights under the clause. 18.—Absence Through Sickness. (1) (a) A worker who is unable to attend or remain at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in ac- cordance with the following provisions. (b) Entitlement to payment shall accrue at the rate of one-sixth of a week for each completed month of service with the employer. (c) If in the first or successive years of service with the employer a worker is absent on the ground of per- sonal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be ad- justed at the end of that year of service, or at the 2538 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. time the worker's services terminate. If before the end of that year of service, to the extent that the worker has become entitled to further paid sick leave during that year of service. (2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the worker if the absence by reason of personal ill health or injury exceeds the period for which en- titlement has accrued during the year at the time of the absence. Provided that a worker shall not be en- titled to claim payment for any period exceeding 10 weeks in any one year of service. (3) To be entitled to payment in accordance with this clause the worker shall as soon as reasonably practicable advise the employer of his inability to at- tend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circum- stances shall be given to the employer within 24 hours of the commencement of the absence. (4) The provisions of this clause do not apply to a worker who fails to produce a certificate from a medi- cal practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require pro- vided that the worker shall not be required to pro- duce a certificate from a medical practitioner with re- spect to absences of two days or less unless after two such absences in any year of service the employer re- quests in writing that the next and subsequent ab- sences in that year if any, shall be accompanied by such certificate. (5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to a worker who suffers personal ill health or injury during the time when he is absent on annual leave and a worker may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the worker was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medical prac- titioner that he was so confined. Provided that the provisions of this paragraph do not relieve the worker of the obligation to advise the employer in accord- ance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the worker was entitled at the time he pro- ceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to be paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the worker or, failing agreement, shall be added to the worker's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 22.—Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 22.—Annual Leave shall be deemed to have been paid with respect to the re- placed annual leave. (6) Where a business has been transmitted from one employer to another and the worker's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in Volume 59 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the worker at the date of transmission from service with the transmitter shall stand with the credit of the worker at the commencement of service with the transmittee and may be claimed in accordance with the pro- visions of this clause. (7) The provisions of this clause with respect to payment do not apply to workers who are entitled to payment under the Workers' Compensation Act nor to workers whose injury or illness is the result of the worker's own misconduct. (8) The provisions of this clause do not apply to casual workers. 19.—Holidays. (1) The following day or days observed in lieu shall, subject to this subclause and Clause 9.—Overtime, be allowed as holidays without deduction of pay, namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause. (2) When any of the days mentioned in paragraph (1) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. 20.—Annual Leave. (1) (a) Except as hereinafter provided a period of four consecutive weeks' leave with payment of ordi- nary wages as prescribed shall be allowed annually to a worker by his employer after a period of 12 months' continuous service with such employer. (b) (i) A worker before going on leave shall be paid wages he would have received in re- spect of the ordinary time he would have worked had he not been on leave during the relevant period. (ii) Subject to paragraph (c) hereof, a worker shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable:— (aa) The rate applicable to him as pre- scribed in Clause 11.—Wages of this award, and, (bb) Subject to paragraph (c) (ii) the rate prescribed for work in ordi- nary time by Clause 10.—Shift Work of the award according to the workers roster including Saturdays and Sunday shifts. (cc) The rate payable pursuant to Clause 12.—Mixed Functions, cal- culated on a daily basis, which the worker would have received for or- dinary time during the relevant period whether on a shift roster or otherwise. (dd) Any other rate to which the worker is entitled in accordance with his contract of employment for ordi- nary hours of work; provided that this provision shall not operate so as to include any payment which is of similar nature to or is paid for the same reasons as or is paid in lieu of those payments prescribed by Clause 9.—Overtime. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2539 (c) During a period of annual leave a worker shall receive a loading calculated on the rate of wage pre- scribed by paragraph (b) (ii) (aa) of this subclause. The loading shall be as follows:— (i) Day workers—A worker who would have worked on day work had he not been on leave—a loading of 17 '/> per cent. (ii) Shift Workers—A worker who would have worked on shift work had he not been on leave—a loading of 17 Vt per cent. Provided that where the worker would have received shift loadings prescribed by Clause 10.—Shift Work had he not been on leave during the relevant period and such loading would have entitled him to a greater amount than the loading of 17'A per cent, then the shift loadings shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) of this subclause in lieu of the 17'A per cent loading. Provided further, that if the shift loadings would have entitled him to a lesser amount than the loading of 17'A per cent then such loading of 17per cent shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) of this subclause in lieu of the shift loadings. The loading pre- scribed in this subclause shall not apply to proportionate leave on termination. (2) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordi- nary working day there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid. (3) (a) If after one month's continuous service in any qualifying 12 monthly period a worker leaves his employment or his employment is terminated by the employer through no fault of the worker, the worker shall be paid one third of a week's pay in respect of each completed month of service. (b) Where a worker is justifiably dismissed for mis- conduct during any qualifying 12 monthly period, the provisions of this subclause do not apply in respect of any completed month of service in the qualifying period. (4) In addition to any payment to which he may be entitled under subclause (3) of this clause a worker whose employment terminates after he has com- pleted a 12 month qualifying period and has not been allowed leave prescribed under this award in respect of that qualifying period shall be given payment in lieu of so much of that leave as has not been allowed unless— (a) he has been justifiably dismissed for miscon- duct; and (b) the misconduct for which he has been dis- missed occurred prior to the completion of that qualifying period. (5) (a) A seven day shift worker, that is, a worker who is rostered to work regularly on Sundays and holidays shall be allowed one week's leave in addition to the leave to which he is otherwise entitled under this clause. (b) Where a worker with 12 months' continuous service is engaged for part of a qualifying 12 monthly period as a seven day shift worker, he shall be en- titled to have the period of annual leave to which he is otherwise entitled under this clause increased by one-twelfth of a week for each completed month he is continuously so engaged. (6) Notwithstanding anything else herein con- tained, an employer who observes a Christmas close down for the purpose of granting annual leave may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week. (7) In the event of a worker being employed by an employer for portion only of a year he shall only be entitled subject to subclause (3) of this clause to such leave on full pay as is proportionate to his length of service during that period with such employer, and if such leave is not equal to the leave given to the other workers he shall not be entitled to work on pay whilst the other workers of such employment are on leave on full pay. (8) In special circumstances and by mutual consent of the employer, the worker and the union concerned, annual leave may be taken in not more than two periods. (9) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this award shall not count for the purpose of determining his right to annual leave. (10) The provisions of this clause shall not apply to casual workers. 21.—Bereavement Leave. (1) A worker shall, on the death within Australia of a wife, husband, father, mother, brother, sister, child or stepchild, be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the worker in two ordinary working days. Proof of such death to be furnished by the worker to the satis- faction of his employer. (2) Payment in respect of compassionate leave is to be made only where the worker otherwise would have been on duty and shall not be granted in any case where the worker concerned would have been off duty in accordance with his roster, or on long service leave, annual leave, sick leave, workers' compen- sation, leave without pay or on a public holiday. (3) For the purposes of this clause the pay of a worker employed on shift work shall be deemed to in- clude the allowance set out in Clause 10.—Shift Work. 22.—Long Service Leave. The long service leave provision published in Vol- ume 58 of the Western Australian Industrial Gazette at pages one to six inclusive are hereby incorporated in and shall be deemed to be part of this award. 23.—General. (1) Where the temperature of the kiln ascertained at a height of 1 metre 67 cm from the ground and at a distance of 46 cm from the face of the bricks is over 54.9 C the workers then working in the kiln may without prejudice to their employment, discontinue working in the kiln until the mercury drops to 54.9 C. (2) Hot water showers shall be provided for workers. (3) Each establishment shall be equipped with a first-aid outfit which shall be kept in a suitable place readily available to all workers at all times during which work is being performed at the establishment. (4) Any dispute arising out of this clause may be referred to the Board of Reference. 24.—Protective Clothing. (1) Where the conditions of work are such that workers are unable to avoid their feet becoming ex- cessively wet, the employer shall, on request, supply free of charge rubber boots. (2) Where the conditions of work are such that workers are unable to avoid their clothing becoming excessively dirty or wet, they shall be supplied with suitable protective clothing free of charge. (3) Where workers are required to work in the open whilst it is raining suitable wet gear shall be supplied by the employer free of charge. 2540 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (4) Where the conditions of work being performed required the use of gloves, they shall be supplied by the employer free of charge. (5) Protective clothing and rubber boots supplied by the employer shall remain the property of the em- ployer and shall be returned when required in good order and condition, fair wear and tear excepted. (6) Any dispute arising out of this clause may be referred to the Board of Reference. 25.—Under Rate Workers. (1) Any worker who by reason of old age or infirm- ity is unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed upon in writing between the union and the employer. (2) In the event of no agreement being arrived at the matter may be referred to the Board of Reference for determination. (3) After application has been made to the Board, and pending the Board's decision, the worker shall be entitled to work for and be employed at the proposed lesser rate. 26.—Board of Reference. (1) The Commission hereby appoints for the pur- poses of this award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to section 48 of the Industrial Arbitration Act, 1979. (2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or dealing with any matter of difference between the parties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference. 27.—Preference to Unionists. No longer in force—see section 117(l)(g) of Indus- trial Arbitration Act, 1979. 28.—Breakdowns, etc. The employer shall be entitled to deduct payment for any day or portion of a day upon which the worker cannot be usefully employed because of any strike by the Union or Unions affiliated with it or by any other Association or Union or through the break- down of the employers machinery or any stoppage of work by any cause which the employer cannot reasonably prevent. Dated at Perth this 23rd day of April, 1979. Schedule of Respondents. Bristile Limited. C. R. Courtland Pty Ltd. AWARDS—Variation of— AERATED WATER AND CORDIAL MANUFACTURING INDUSTRY. Award No. 10 of 1975. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 859 of 1981 Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers, Applicant and Coca-Cola Bottlers, Perth and Others, Respondents. Order. HAVING hear Mr J. A. McGinty on behalf of the ap- plicant, Mr B. P. McCarthy and Mr D. M. Jones on behalf of the respondents, Mr C. D. Lambert intervening on behalf of the Confederation of West Australian Industry (Inc.), and Mr J. A. Spurling intervening on behalf of the Attorney General, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, herby orders— That the Aerated Water and Cordial Manufac- turing Award No. 10 of 1975 be varied in accord- ance with the following schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 15th day of September, 1982. Dated at Perth this 3rd day of September, 1982. (Sgd) B. J. COLLIER, [L.S.] Commissioner. Schedule. 1. Clause 10.—Wages: Delete this clause and insert in lieu:— 10.—Wages. The minimum rate of wage payable to em- ployees covered by this award shall be:— $ (1) Adult Employees:— (a) Cordial and/or syrup makers mixing recipe or formulae who are respon- sible for ensuring that the correct qualities and quantities of ingredients are included in batches 250.00 (b) Filler Operator: (i) for lines with a rated capacity of under 150 units per minute 243.20 (ii) for all other lines.... 250.00 (c) Driver of Motor Vehicle ... 250.30 Provided that drivers who are required to col- lect money during any week or portion of a week as part of their duties and account for it shall be paid $3.50 for such week in addition to the rate of wage prescribed above. (d) Driver of Fork Lift— (i) less than three months' experi- ence 242.20 (ii) thereafter 250.20 (e) Employees operating labelling, palletising or depalletising, case pack- ing or unpacking or car- ton packing machines 244.90 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2541 (f) Employees engaged on $ routine line testing 237.10 (g) Employee engaged on bottling or canning line operations including op- erating bottle washer, re- moving empty bottles from cases or placing empty bottles on con- veyors, sighting, in- specting, filling cases with full bottles and stacking on pallets, fruit juice extracting, cordial and/or syrup room 231.20 (h) All others 227.30 Provided that no employee, other than a casual, shall have the weekly wage rate reduced on account of the coming into operation of this subclause. (2) Notwithstanding the provisions of subclause (1) of this clause, employees of: (a) Golden Mile Aerated $ Water Co. Ltd., Trading 3s Mexr (b) Goldfields Soft Drinks; (c) Wright Prospecting Pty. Ltd., Trading as Weaver & Lock; and (d) Solo Kool Drinks Pty. Ltd., shall be paid not less than: (i) Cordial and/or syrup makers mixing recipe or formulae who are respon- sible for ensuring that the correct qualities and quantities of ingredients are included in batches 236.00 (ii) Filler Operator: (aa) for lines with a rated capacity of under 150 units per minute 229.00 (bb) for all other lines.... 236.00 (iii) Driver of Motor Vehicle... 236.30 Provided that drivers who are required to col- lect money during any week or portion of a week as part of their duties and account for it shall be paid $3.50 for such week in addition to the rate of wage prescribed above. (iv) Driver of Fork Lift— (aa) less than three months' experi- ence 228.20 (bb) thereafter 236.20 (v) Employees operating labelling, palletising or depalletising, case pack- ing or unpacking or car- ton packing machines 230.90 (vi) Employees engaged on routine line testing 223.10 (vii) Employee engaged on bottling or canning line operations including op- erating bottle washer, re- moving empty bottles from cases or placing empty bottles on con- veyors, sighting, in- specting, filling cases with full bottles and stacking on pallets, fruit juice extracting, cordial and/or syrup room 217.20 (viii) All others 213.30 AERATED WATER AND CORDIAL MANUFACTURING INDUSTRY. Award No. 10 of 1975. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 150 of 1982. Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers, Applicant, and Coca-Cola Bottlers, Perth and Others, Respondents. Order. HAVING heard Mr J. A. McGinty on behalf of the applicant, Mr B. P. McCarthy and Mr D. M. Jones on behalf of the respondents, Mr C. D. Lambert intervening on behalf of the Confederation of West Australian Industry (Inc.), and Mr J. A. Spurling intervening on behalf of the Attorney General, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— That the Aerated Water and Cordial Manufac- turing Award No. 10 of 1975 be varied in accord- ance with the following schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 15th day of September, 1982. Dated at Perth this 3rd day of September, 1982. (Sgd.) B. J. COLLIER, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement: Delete from this clause "22. Board of Reference" and insert in lieu, "22. Pay- ment of Wages—38 Hour Week", and delete Clause "11. Female Employment". 2. Clause 8.—Hours: Delete this clause and insert the following in lieu:— 8.—Hours. Section A—Hours. (1) (a) The provisions of this clause apply to all employees to whom this award applies. (b) Subject to the provisions of this clause the ordinary hours of work shall not exceed an average of 38 per week which may be worked one one of the following bases. (i) 38 hours within a work cycle not ex- ceeding seven consecutive days; or (ii) 76 hours within a work cycle not ex- ceeding 14 consecutive days; or (iii) 114 hours within a work cycle not ex- ceeding 21 consecutive days; or (iv) 152 hours within a work cycle not ex- ceeding 28 consecutive days. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (c) The ordinary hours of work may be worked on any or all days of the week, Monday to Friday, inclusive, and except in the case of shift employees, shall be worked between the hours of 6.00 a.m. and 6.00 p.m. Provided that the spread of hours may be altered by agreement between the employer and the majority of employees in the plant or section or sections concerned. (d) Where an ordinary shift or shift employee finishes not later than 7.00 a.m. on Saturday, such hours on the Saturday shall be deemed to be ordinary hours of employment and shall not be subject to penalty rates. (e) The ordinary hours of work shall not ex- ceed 10 hours on any day. Provided that in any arrangement of ordinary working hours, where such ordinary hours are to exceed eight hours on any day, the arrangement of hours shall be subject to the agreement be- tween the employer and the majority of em- ployees in the plant or section or sections con- cerned. (f) The ordinary hours of work shall be con- secutive except for a meal interval which shall not exceed one hour nor be less than 30 minutes. Section B—Implementation of 38 Hour Week. (1) Except as provided in subclause (4) hereof, the method of implementation of the 38 hour week may be any one of the following: (a) by employees working less than eight ordinary hours each day; or (b) by employees working less than eight ordinary hours on one or more days each week; or (c) by fixing one day of ordinary working hours on which all employees will be off duty during a particular work cycle; or (d) by rostering employees off duty on vari- ous days of the week during a particular work cycle so that each employee has one day of ordinary working hours off duty during that cycle. (e) Any day off duty shall be arranged so that it does not coincide with a holiday prescribed in subclause (1) of Clause 17.—Holidays, of this award. (2) In each plant, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned, the ob- jective being to reach agreement on the method of implementation prior to 15th September, 1982. (3) In the absence of an agreement at plant level, the procedure for resolving special, anom- alous or extraordinary problems shall be as fol- lows: (a) Consultation shall take place within the particular establishment concerned. (b) If it is unable to be resolved at estab- lishment level, the matter shall be referred to the State Secretary of the union (or unions) concerned or his deputy, at which level a conference of the parties shall be convened without delay. (c) In the absence of agreement either party may refer the matter to the West- ern Australian Industrial Commission. (4) Different methods of implementation of a 38 hour week may apply to various groups or sec- tions of employees in the plant or establishment concerned. (5) Notice of Days Off Duty. Except as provided in subclause (6) hereof, in cases where, by virtue of the arrangement of his ordinary working hours, an employee in accord- ance with paragraphs (c) and (d) of subclause (1) hereof, is entitled to a day off duty during his work cycle, such employee shall be advised by the employer at least four weeks in advance of the day he is to take off duty. (6) (a) An employer may substitute the day an employee is to take off in accordance with para- graphs (c) and (d) of subclause (1) hereof, for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation, provided that the employer shall not substitute more than two such days per year without the consent of the majority of the employees concerned. (b) An employer and employee may by agree- ment substitute the day the employee is to take off for another day. (c) An employer and the union may agree in writing to allow an accumulation of days off, such days to be taken at a mutually convenient time. Section C—Procedures for In-Plant Discussions. (1) Procedures shall be established for in-plant discussions, the objective being to agree on the method of implementing a 38 hour week in ac- cordance with Sections A—Hours and B—Implementation of 38 Hour Week of this clause and shall entail an objective review of current practices to establish where improvements can be made and implemented. (2) The procedures should allow for in-plant discussions to continue even though all matters may not be resolved by 15th September, 1982. (3) The procedures should make suggestions as to the recording of understandings reached and methods of communicating agreements and understandings to all employees, including the overcoming of language difficulties. (4) The procedures should allow for the moni- toring of agreements and understandings reached in-plant. (5) In cases where agreement cannot be reached in-plant in the first instance or where problems arise after initial agreements or under- standings have been achieved in-plant, a formal monitoring procedure shall apply. The basic steps in this procedure shall be as applies with respect to special, anomalous or extraordinary problems as prescribed in subclause (3) of sec- tion B of this clause. Section D—Provision of Alternative Arrange- ments. Where by agreement between an employer and the majority of employees in a section of company, arrangements have been made to work an average of less than 38 hours per week, the entitlement to payment under this award shall in all cases be construed to be at the hourly rate achieved by dividing the appropriate rate of pay by the average number of hours on which the ar- rangement is based. Entitlements to sick leave, annual leave and long service leave shall be calculated by em- ploying the lesser number of hours agreed by the parties as the average ordinary weekly hours of work. The employer shall not be deemed to be in breach of the award where the entitlement calcu- lated by the above method is less than that de- termined by this award for an employee who works 38 hours per week. 27th October, 1982,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2543 3. Clause 9.—Overtime: Delete this clause and in- sert the following in lieu:— 9.—Overtime. (1) The provisions of this clause shall apply to all employees. (2) (a) An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in ac- cordance with such requirement. (b) No union or association party to this award, or employee or employees covered by this award, shall, in any way, whether directly or in- directly, be a party to or concerned in any ban, limitation, or restriction upon the working of overtime in accordance with the requirements of this subclause. (3) (a) Subject to the provisions of this subclause, all work done beyond the ordinary working hours on any day, Monday to Friday, in- clusive, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter. For the purposes of this subclause, ordinary hours shall mean the hours of work fixed in an establishment in accordance with sections A—Hours, B—Implementation of 38 Hour Week and C—Procedures for In-Plant Discussions of Clause 8.—Hours. (b) (i) Work done on Saturdays after 12 noon or on Sundays shall be paid for at the rate of double time. (ii) Work done on any day prescribed as a holiday under this award shall be paid for at the rate of double time and one-half. (c) Work done on Saturdays prior to 12 noon shall be paid for at the rate of time and one-half for the first two hours and double time there- after but this paragraph does not apply in a case to which paragraph (d) of subclause (1) of sec- tion A—Hours of Clause 8.—Hours, applies. (d) In computing overtime each day shall stand alone but when an employee works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day's work for the purpose of this subclause. (e) Overtime on shift work shall be based on the rate payable for shift work. (4) An employee required to work overtime for more than two hours without being notified on the previous day or earlier that he will be so re- quired to work, shall be supplied with a meal by the employer or paid $3.65 for a meal. If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he has notified the employees concerned on the previous day or earlier that such second or subsequent meal will also be required, provide such meals or pay an amount of $3.00 for each such second or sub- sequent meal. No such payments need to be made to em- ployees living in the same locality as their work- shop who can reasonably return home for such meals. If an employee in consequence of receiving such notice has provided himself with a meal or meals and is not required to work overtime, or is required to work less overtime than notified, he shall be paid amounts as prescribed in respect of the meals not then required. 4. Clause 11.—Female Employment: Delete this clause. 5. Clause 12.—Shift Work: Delete this clause and insert the following in lieu:— 12.-—Shift Work. (1) The provisions of this clause apply to all employees engaged on shift work. (2) An employer may work his establishment on shifts but before doing so shall give notice of his intention to the union or unions concerned and of the intended starting and finishing times of ordinary working hours of the respective shifts. (3) (a) Where any particular process is carried out on shifts other than day shift, and less than five consecutive afternoon or five consecutive night shifts are worked on that process, then em- ployees employed on such afternoon or night shifts shall be paid at overtime rates. Provided that where the ordinary hours of work normally worked in an establishment are worked on less than five days then the provisions of paragraph (a) shall be as if four consecutive shifts were substituted for five consecutive shifts. (b) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or any other day that the employer observes a shut down for the purpose of allowing a 38 hour week of on any holiday. (4) Where a shift commences at or after 11.00 p.m. on any day, the whole of that shift shall be deemed, for the purposes of this award, to have been worked on the following day. (5) A shift employee when on afternoon or night shift shall be paid per shift of eight hours, a loading at the rate of $7.55 in addition to his ordinary rate prescribed by this award. (6) When work is performed on any shift other than day shift the ordinary working hours pre- scribed by Clause 8.—Hours, of this award shall be inclusive of a paid meal interval of 20 min- utes. 6. Clause 16.—Absence Through Sickness: Delete this clause and insert the following in lieu:— 16.—Absence Through Sickness. (1) (a) An employee who is unable to attend or remain at his place of employment during the or- dinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the pro- visions of this clause. (i) Employee who actually works 38 ordi- nary hours each week: An employee whose ordinary hours of work are arranged in accordance with paragraph (a) or (b) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 8.—Hours so that he actually works 38 ordinary hours each week shall be entitled to payment dur- ing such absence for the actual ordinary hours absent. (ii) Employee who works an average of 38 ordinary hours each week: An employee whose ordinary hours of work are arranged in accordance with paragraph (c) or (d) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 8.—Hours so that he works an average of 38 ordinary hours 2544 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. each week during a particular work cycle shall be entitled to pay during such absence calculated as follows: duration of absence irdmary hours ,777^% X Jt^HfiOaLV^ivrate worked that day 0 An employee shall not be entitled to claim payment for personal ill health or injury nor will his sick leave entitlement be reduced if such ill health or injury occurs on the week day he is to take off duty in accordance with paragraph (c) or (d) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 8.—Hours. (b) Notwithstanding the provisions of para- graph (a) of this subclause an employer may adopt an alternative method of payment of sick leave entitlements where the employer and the majority of his employees so agree. (c) Entitlement .to payment shall accrue at the rate of l/6th of a week for each completed month of service with the employer. (d) If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service. (2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding 10 weeks in any one year of service. (3) To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of his inability to attend for work, the nature of his ill- ness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 24 hours of the commence- ment of the absence. (4) The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to ab- sences of two days or less unless after two such absences in any year of service the employer re- quests in writing that the next and subsequent absences in that year if any, shall be ac- companied by such certificate. (5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or in- jury during the time when he is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecu- tive days or more and he produces a certificate from a registered medical practitioner that he was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if he is unable to attend for work on the working day next follow- ing his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he proceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave, or if termination occurs before then, be paid for in ac- cordance with the provisions of Clause 17A.—Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 17A.—Annual Leave shall be deemed to have been paid with respect to the replaced annual leave. (6) Where a business has been transmitted from one employer to another and the em- ployee's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in Vol- ume 60 of the Western Australian Industrial Ga- zette at pages 1-6, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmitter shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the pro- visions of this clause. (7) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Com- pensation Act nor to employees whose injury or illness is the result of the employee's own mis- conduct. (8) The provisions of this clause do not apply to casual employees. 7. Clause 17A.—Annual Leave: Delete subclause (6) (b) of this clause and insert the following in lieu:— (b) If after one month's continuous service in any qualifying 12 monthly period, an employee lawfully leaves his employment, or his employ- ment is terminated by the employer through no fault of the employee, the employee shall be paid 2.923 hours' pay at his ordinary rate of wage in respect of each completed week of continuous service. 8. Clause 22.—Board of Reference: Delete this clause and insert the following in lieu:— 22.—Payment of Wages—38 Hour Week. (1) Each employee shall be paid the appropri- ate rate shown in Clause 10.—Wages of this award. Subject to subclause (2) of this clause payment shall be pro rata where less than the full week is worked. (2) From the date that a 38 hour week system is implemented by an employer, wages shall be paid as follows: 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2545 (a) Actual 38 ordinary hours: In the case of an employee whose or- dinary hours of work are arranged in ac- cordance with paragraph (a) or (b) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 8.—Hours so that he works 38 ordinary hours each week, wages shall be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight. (b) Average of 38 ordinary hours: Subject to subclauses (3) and (4) hereof, in the case of an employee whose ordinary hours of work are ar- ranged in accordance with paragraph (c) or fd) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 8.—Hours so that he works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly or fortnightly ac- cording to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle. Special Note—Explanation of Averaging System: As provided in paragraph (b) of his subclause an employee whose ordinary hours may be more or less than 38 in any particular week of a work cycle, is to be paid his wages on the basis of an average of 38 ordinary hours so as to avoid fluc- tuating wage payments each week. An expla- nation of the averaging system of paying wages is set out below: (i) Section B—Implementation of the 38 Week of Clause 8.—Hours in subclause (1) paragraphs (c) and (d) provides that in implementing a 38 hour week the or- dinary hours of an employee may be ar- ranged so that he is entitled to a day off, on a fixed day or rostered day basis, during each work cycle. It is in these circumstances that the averaging system would apply. (ii) If the 38 hour week is to be im- plemented so as to give an employee a day off in each work cycle this would be achieved if, during a work cycle of 28 consecutive days (that is, over four con- secutive weeks) the employee's ordinary hours were arranged on the basis that for three of the four weeks he worked 40 ordinary hours each week and in the fourth week he worked 32 ordinary hours. That is, he would work for eight ordinary hours each day, Monday to Friday inclusive for three weeks and eight ordinary hours on four days only in the fourth week—a total of 19 days during the work cycle. (iii) In such case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the employee shall be the average weekly wage rates set out for the employee's classification in Clause 10.—Wages of this award, and shall be paid each week even though more or less than 38 ordi- nary hours are worked that week. In effect, under the averaging system, the employee accrues a "credit" each day he works actual ordinary hours in excess of the daily average which would otherwise be seven hours 36 minutes. This "credit" is carried forward so that in the week of the cycle that he works on only four days, his actual pay would be for an average of 38 ordinary hours even though, that week, he works a total of 32 ordinary hours. Consequently, for each day an em- ployee works eight ordinary hours he accrues a "credit" of 24 minutes (0.4 hours). The maximum "credit" the em- ployee may accrue under this system is 0.4 hours on 19 days; that is, a total of seven hours 36 minutes. (iv) As provided in subclause (3) of this clause, an employee will not accrue a "credit" for each day he is absent from duty other than on annual leave, long service leave, holidays prescribed under this award, paid sick leave, workers' compensation or bereavement leave. (3) Absences from Duty: (a) An employee whose ordinary hours are arranged in accordance with paragraph (c) or (d) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 8.—Hours and who is paid wages in accordance with paragraph (a) of subclause (2) hereof and is absent from duty (other than on annual leave, long service leave, holidays prescribed under this award, paid sick leave, workers' compensation or bereavement leave) shall, for each day he is so absent, lose average pay for that day calculated by dividing his average weekly wage rate by five. An employee who is so absent from duty for part of a day shall lose average pay for each hour he is absent by dividing his average daily pay rate by eight. (b) Provided when such an employee is ab- sent from duty for a whole day he will not accure a "credit" because he would not have worked ordinary hours that day in excess of seven hours and 36 minutes for which he would otherwise have been paid. Consequently, during the week of work cycle he is to work less than 38 ordinary hours he will not be entitled to average pay for that week. In that week, the average pay will be reduced by the amount of the "credit" he does not accrue for each whole day during the work cycle he is absent. The amount by which an employee's average weekly pay will be reduced when he is absent from duty (other than on annual leave, long service leave, hol- idays prescribed under this award, paid sick leave, workers' compensation or be- reavement leave) is to be calculated as follows: Total of "credits" not accrued during average weekly pay cycle x gg Examples: (An employee's ordinary hours are ar- ranged so that he works eight ordinary hours on five days of each week for three weeks and eight ordinary hours on four days of the fourth week.) WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 1. Employee takes one day off with- out authorisation in first week of cycle. Week of Cycle Payment 1st week = average weekly pay less one day's pay (i.e. l/5th) 2nd and 3rd = average weekly pay weeks each week 4th week = average pay less credit not accrued on day of absence = average pay less 0.4 hours x average weekly pay 38 2. Employee takes each of the four days off without authorisation in the 4th week. Week of Cycle Payment 1st, 2nd and = average pay each 3rd weeks week 4th week = average pay less 4/5ths of average pay for the four days ab- sent less total of credits not accrued that week = l/5th average pay less 4 x 0.4 hours x average weekly pay 38" " = l/5th average pay less 1.6 hours x average weekly pay ' ~ " "Tig "" (4) Alternative Method of Payment. An alternative method of paying wages to that pre- scribed by subclause (2) and (3) of this clause may be agreed between the employer and the majority of the employees concerned. (5) Day Off Coinciding With Pay Day. In the event that an employee, by virtue of the arrange- ment of his ordinary working hours, is to take a day off duty on a day which coincides with pay clay, such employee shall be paid no later than the working day immediately following pay day Provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day. (6) Payment by Cheque. Where an employer and employee agree, the employee may be paid his wages by cheque. (7) Termination of Employment. An employee who lawfully leaves his employment or is dis- missed for reasons other than misconduct shall be paid all moneys due to him at the termination of his service with the employer. Provided that in the case of an employee whose ordinary hours are arranged in accordance with paragraph (c) or (d) of subclause (1) of Sec- tion B—Implementation of 38 Hour Week of Clause 8.—Hours and who is paid average pay and who has not taken the day off due to him during the work cycle in which his employment is terminated, the wages due to that employee shall include a total of credits accured during the work cycle as detailed in the Special Note follow- ing paragraph (b) of subclause (2) of this clause. Provided further, where the employee has taken a day off during the work cycle in which his employment is terminated, the wages due to that employee shall be reduced by the total of credits which have not accrued during the work cycle. (8) Details of Payments to be Given. Where an employee requests his employer to state in writing with respect to each week's wages the amount of wages to which he is entitled, the amount of deductions made therefrom, the net amount being paid to him, and the number of hours worked, the employer shall do so not less than two hours before the employee is paid. (9) Calculation of Hourly Rate. Except as pro- vided in subclause (3) of this clause the ordinary rate per hour shall be calculated by dividing the appropriate weekly rate by 38. ART GALLERY ATTENDANTS AND GROUNDSMEN. Award No. 31 of 1980. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 678 of 1982. Between Cleaning, Security and Allied Employees Union, Applicant, and Board of the Art Gallery of Western Australia, Respondent. Order. HAVING heard Miss J. P. O'Keefe on behalf of the Applicant and Mr G. E. Bull on behalf of the Respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act 1979, and by consent, hereby orders— That the Art Gallery Attendants and Groundsmen Award No. 31 of 1980 be amended in accordance with the following schedule. Dated at Perth this 13th day of September, 1982. (Sgd.) G. L. FIELDING, IL.S.l Commissioner. Schedule. Clause 14.—Public Holidays: Delete subclause (2) of this clause and insert the following in lieu:— (2) (a) Whenever any of the days referred to in subclause (1) (a) of this clause falls on an em- ployee's ordinary working day and the employee is not required to work on such day, he shall be paid for the ordinary hours he would have worked on such day had it not been a holiday. (b) A shift employee or a rostered employee who is regularly rostered to work Sundays and Public Holidays and who is not required to work on a holiday which falls on his rostered day off, shall be allowed a day's leave with pay to be added to his annual leave or taken at some other time if the employer so agrees. 27th October, 1982.J WHSTERN A U ST R A LIA N INDUSTRIAL GAZETTE. 2547 ART GALLERY ATTENDANTS AND GROUNDSMEN. Award No. 31 of 1980. MUSEUM ATTENDANTS. Award No. 34 of 1980. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Nos. 345 and 346 of 1982. Award No. 345 of 1982. Between Cleaning, Security and Allied Employees Union, Applicant, and Trustees of the Western Australian Museum, Respondent. Award No. 346 of 1982 Between Cleaning, Security and Allied Employees Union, Applicant, and Board of the Art Gallery of Western Australia, Respondent. Before Mr Commission G. L. Fielding. The 20th day of September, 1982. Mr J. A. McGinty and later Miss J. P. O'Keefe on behalf of the Applicant. Mr P. J. Kelly and with him Mr G. E. Bull on be- half of the Respondents. Reasons for Decision. THE COMMISSIONER: The conditions of employ- ment for cleaners, attendants, receptionists and the like employed at the Western Australian Museum and the Art Gallery of Western Australia are pre- scribed under the Museum Attendants Award 1980 and the Art Gallery Attendants and Groundmen Award 1980 respectively. Originally, it seems, the rates of pay for these em- ployees were fixed on the basis of those prescribed under the Cleaners and Caretakers (Government) Award. In 1980, the Applicant sought to have, and largely succeeded in having, the wages adjusted on that occasion on the basis of an alignment with the rates prescribed for attendants employed in the National Gallery of Victoria. (See: In re the Cleaners and Caretakers (Art Gallery) Award case (1981) 61 W.A.I.G. 408 and (1981) 61 W.A.I.G. 1055.) On that occasion, the Commission took the view, on the ma- terial before it, that the work of attendants in the Art Gallery of this State was most like the work per- formed by attendatns in Victoria, and therefore de- termined a rate of pay largely on the basis of that which applied in the National Gallery of Victoria. An appeal by the Respondents in those proceedings in an endeavour to set aside that determination was largely unsuccessful, although it is fair to say that the Full Bench concluded that, whilst the Commission was entitled to place the most weight on the Victorian rates, in the light of the information before it, it was not entitled to ignore completely the rates of pay ap- plying in the other States. Both parties agree that the time has come to adjust the rates of pay again. The Applicant says that the same approach taken early in 1981, as modified by the Full Bench, should be taken again on this oc- casion. The claim therefore is for a maximum rate of pay for an attendant cleaner of $250.70 per week, which represents an increase of $18.80 per week over the existing rate. The proposed rate represents 97.3 per cent of the equivalent rate in Victoria which it is said is the same relationship that existed as a result of the 1980-81 proceedings. The Respondents object now as they did in 1980-81, to any nexus with the existing Victorian rates alone. They seek a wage based on a simple average of those applying to at- tendants in the States of Victoria, New South Wales, Queensland and South Australia, or which in some other way takes into account the rates of pay in all those States. At the time of hearing these proceedings, the rel- evant interstate rates of pay were as follows:— $ Victoria 257.70 South Australia 251.30 New South Wales 249.72 Queensland 232.75 On this occasion, the Applicant chose not to ad- duce any evidence, being content to rely on the precedent set on the last occasion. The Respondents, on the other hand, adduced both documentary and viva voce evidence. Copies of duty statements and the like for the attendant classifications in the Art Galleries within the States mentioned were tendered. In addition, Mr Ellis, the Director of the Art Gallery of Western Australia, gave evidence, broadly outlining the functions of the attendant classifi- cations in each of the relevant States, as he had him- self observed or had otherwise ascertained in the course of his duties. His credentials could not reason- ably be questioned, and I accept his evidence. In- deed, the Applicant's advocate was prepared to con- cede that it represented an accurate description of what occurred in the other places. He however placed a different interpretation on it than the Respondents would have me do. What information was put before the Commission in 1980 I do not know. However, in the light of the material submitted in these proceedings, I am far from confident that as much weight should be at- tached to the Victorian rates of pay in preference to those obtaining in the other States as the Applicant now asks. The evidence suggests that although as one might expect the activities of attendants in each of the relevant States are not identical, there is a good deal of likeness in their duties and responsibilities. Although I accept that the principle of comparative wage justice is such that in making comparisons it is not necessary that the comparison be with identical tasks, but rather with like tasks, still I am not satis- fied on the material that the tasks in the various States are so like each other that all should by reason of that fact be given equal weight, as is the import of the Respondents' major submission. It seems, for example, that there might be some difference in the duties of attendants in this State and those in South Australia. It may be in light of what Mr Ellis said that the nature of the Art Gallery building in that State is such as to warrant some differentiation. It has to be recognised in exercises such as this but the comparison is being made with the work, rather than with the duties, and therefore whilst duty statements and the like are of some relevance, it is most improbable that they will of themselves be sufficient to enable a precise comparison to be made. Although in this case the duty statements were supplemented by the evidence of Mr Ellis, the Commission ought to be careful not to substitute his subjective assess- ment of the likeness for its own assessment, since it is not he but the Commission which is the arbitrator. The plain fact is that there were some differences in the tasks as he outlined them. Just how significant those differences are for these purposes can only properly be assessed after an examination of the actual nature of the work, its responsibilities and the conditions under which it is carried out. (cf: Crown Employees (Legal Officers Government Insurance Office) Award 1949 48 AR NSW 825, 831). In any event, even if it can be established that there is a sufficient overall likeness between the vari- ous States as to suggest that the tasks in each are in- distinguishable, it does not necessarily follow that the most just solution to determining the appropriate rate of wage in this State is to fix a wage which is the equivalent of a simple average of the rates of pay existing in the other States. The circumstances under which each of the various rates were adjusted and the WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. dates of their adjustment are, for example, just two facts to be taken into account. It is obviously an ex- ercise in futility to attach the same weight to a rate of pay which has recently been determined after a thorough examination of the work value and one which has been in existence for some time, and which might be liable to change because of adjustments in another State. Taking all the rates into consideration, I fix the maximum rate of pay for the attendant cleaner and receptionist/attendant classifications, which the par- ties agree are the core classifications, at $250.00 per week. Although somewhat less than the rate now ob- taining in Victoria, it is nonetheless fairly representa- tive of the rates applying throughout the Common- wealth in these industries as a whole. Adjustments for the other rates of pay have been made according to the existing relativities. The Applicant drew atten- tion to an anomaly in the pay scales whereby, de- pending on length of service, a person in a senior classification may be entitled to an ordinary rate of pay less than his subordinate. Prima facie at least such a happening does not have much to commend it. The anomaly is recognised by the Art Gallery, and overcome by ensuring that the person in the higher classification is placed on a level of pay which is in excess of his subordinate, irrespective of the length of service. Little or nothing was offered in these pro- ceedings by way of a solution to overcome the anomaly. It existed under the old Awards and was incorporated into these Awards by consent. The anomaly is not one which appears to be unique to this State. The same appears to be the case in South Australia. Moreover, the claim does not seek to ad- just the pay scales to overcome the problem. In all the circumstances I am not minded on this occasion on the information presented to alter the scales so as to overcome the anomaly, so called. Much of what the Respondents had to say in these proceedings centred on the question of the onus of establishing like with like, and involved an implied criticism at least of the view taken by the Full Bench in the Cleaners and Caretakers (Art Gallery) Award case (supra). Clearly, it is a legitimate exercise for the Applicant to seek to establish a nexus with the rates applying in Victoria alone as a basis for determining the rates of pay in question. Prima facie all that it need do in that event is establish a sufficient likeness between the work in this State and that in the National Gallery of Victoria. It is then for the Re- spondents in those circumstances to show that a fairer assessment would be a comparison with the rates of pay prescribed in all or some of the other States of the Commonwealth. If it be that there is a rebuttable presumption of comparability between similarly styled offices in similar industries through- out the Commonwealth, the Respondents' task in that respect might be relatively easy and, moreover, the Applicant might be driven to a position where it will have to rebut that presumption as part of its case. The position would be otherwise if the Appli- cant sought to establish a nexus on the basis of a national comparison, in which event it would clearly have the onus of establishing such a likeness, which again may or may not be made out, depending on the circumstances, by use of the rebuttable presumption if such exists. The extent to which a valid comparison can be made between the activities of the art gallery attend- ants in the various States appears to have been an issue of some importance to the parties at least since 1980. I should have thought there was every reason therefore for a mutual detailed and thorough examin- ation to be carried out of the tasks performed by those in the relevant classifications here and interstate in the hope that the extent of the compari- son could be finally determined. It is clearly unsatis- factory for there to be an argument over the extent of the comparison which ought validly be made each time there is a claim for wage adjustments under these Awards. Because of material adduced in these proceedings, it cannot be said that the question of comparability has finally been put to rest, and that to say the least is unfortunate. Nothing of substance was put in support of the newly claimed supervisory allowances. The Respon- dents seemed prepared to concede an adjustment on the basis of the allowances currently applying under the Cleaners and Caretakers (Government) Award, and in the circumstances that is all I am prepared to allow. MUSEUM ATTENDANTS. Award No. 34 of 1980. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 345 of 1982. Between Cleaning, Security and Allied Employees Union, Applicant, and Trustees of the Western Australian Museum, Respondent. Order. HAVING heard Mr J. A. McGinty and later Miss J. P. O'Keefe on behalf of the Applicant and Mr P. J. Kelly and with him Mr G. E. Bull on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act 1979, hereby orders— That the Museum Attendants Award No. 34 of 1980 be amended in accordance with the follow- ing schedule, with effect from the beginning of the first pay period commencing on or after 1st August, 1982. Dated at Perth this 24th day of September, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. Clause 21.—Wages: Delete this clause and insert the following in lieu:— 21.—Wages. (1) (a) The minimum total rate of wage pay- able under this award shall be as fol- lows:— $ Cleaner 1st year of employment 228.10 2nd year of employment 230.90 3rd year of employment and thereafter 233.70 Receptionist/Attendant 1st year of employment 238.50 2nd year of employment 244.30 3rd year of employment and thereafter 250.00 Branch Supervisor 1st year of employment 243.20 2nd year of employment 249.20 3rd year of employment and thereafter 255.40 Supervisor 1st year of employment 257.30 2nd year of employment 263.50 3rd year of employment and thereafter 269.60 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2549 (b) The minimum total rates of pay pre- scribed in paragraph (a) hereof shall be adjusted by the amount of any increase or decrease as the case may be in the basic wage for males as determined by the Western Australian Industrial Com- mission. (2) A casual employee shall receive 20 per cent of the ordinary rate in addition to the ordi- nary rate of his or her class of work. (3) An employee, other than the Supervisor or Branch Supervisor or an employee acting in those classifications, who is placed in charge of other employees, shall be paid the follow- ing weekly allowance in addition to the rate prescribed for his or her class of work: $ I to 5 employees 4.60 6 to 10 employees 8.30 II to 15 employees 10.40 16 to 20 employees 14.20 Over 20 (for each additional em- ployee) 20 (c) Security Attendant: 1st year of employment 238.50 2nd year of employment 244.30 3rd year of employment and thereafter 250.00 (d) Artisan Attendant: 1st year of employment 244.70 2nd year of employment 250.60 3rd year of employment and thereafter 256.70 (e) Deputy Senior Attendant: 1st year of employment 245.90 2nd year of employment 251.90 3rd year of employment and thereafter 257.90 (f) Senior Attendant: 1st year of employment 253.10 2nd year of employment 259.30 3rd year of employment and thereafter 265.40 (2) A casual employee shall receive 20 per cent of the ordinary rate in addition to the ordi- nary rate for his or her class of work. (3) An employee, other than the Senior Attend- ant or Deputy Senior Attendant or an em- ployee acting in either of those positions, who is placed in charge of other employees, shall be paid the following weekly allowance in addition to the rate prescribed for his or her class of work: ART GALLERY ATTENDANTS ANDGROUNDSMEN. Award No. 31 of 1980. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 346 of 1982 Between Cleaning, Security and Allied Employees Union, Applicant and Board of the Art Gallery of Western Australia, Respondent. Order. HAVING heard Mr J. A. McGinty and later Miss J. P. O'Keefe on behalf of the Applicant and Mr P. J. Kelly and with him Mr G. E. Bull on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act 1979, hereby orders— That the Art Gallery Attendants and Groundsmen Award No. 31 of 1980 be amended in accordance with the following schedule, with effect from the beginning of the first pay period commencing on or after 1st August, 1982. Dated at Perth this 24th day of September, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. Clause 20.—Wages: Delete this clause and insert the following in lieu:— 20.—Wages. (1) The minimum total rate of wage payable under this award shall be as follows: (a) Attendant Groundsman: $ 1st year of employment 232.20 2nd year of employment 237.80 3rd year of employment and thereafter 243.40 (b) Attendant Cleaner: 1st year of employment 238.50 2nd year of employment 244.30 3rd year of employment and thereafter 250.00 I to 5 employees 4.60 6 to 10 employees 8.30 II to 15 employees 10.40 16 to 20 employees 14.20 Over 20 (for each additional em- ployee) 20 A.W.U.—(GOVERNMENT) FORESTRY. Award No. 24B of 1965. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 792 of 1982. Between The Australian Workers' Union, West Aus- tralian Branch, Industrial Union of Workers, Applicant, and Conservator of Forests, Respon- dent. Order HAVING heard Mr H. Barry on behalf of the applicant and Mr Radisich on behalf of the re- spondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Ar- bitration Act, 1979 hereby orders— That the Forestry Workers' Government A.W^U. Award No. 24B of 1965, be varied in ac- cordance with the following schedule and that such variation shall have effect as from the be- ginning of the first pay period commencing on or after the date hereof. Dated at Perth this 1st day of October, 1982. (Sgd.) B. J. COLLIER, IL.S.l Commissioner. 2550 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. Schedule. Clause 16.—Annual Leave: Add a new subclause (11) as follows:— (11) By agreement between the employer and employee annual or annual and accumu- lated leave may be taken in not more than two periods but neither of such periods shall be less than two weeks. CLEANERS AND CARETAKERS (Government). Award No. 32 of 1975. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 738 of 1982. Between Hon. Premier of Western Australia and Others, Applicants, and Cleaning, Security and Allied Employees Union, Respondent. Order. HAVING heard Mr P. J. Kelly on behalf of the Ap- plicants and Miss J. P. O'Keefe on behalf of the Re- spondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act 1979, and by consent, hereby orders— That the Cleaners and Caretakers (Government) Award No. 32 of 1975 be amended in accordance with the following schedule. Dated at Perth this 20th day of September, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. Clause 13.—Annual Leave: Delete subclause (10) of this clause and insert in lieu the following:— (10) The loading prescribed in subclause (9) of this clause shall not apply to proportionate leave on termination. CLIFFS ROBE RIVER IRON ASSOCIATES IRON ORE PRODUCTION AND PROCESSING. Award No. 10 of 1979. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 708 of 1982. Between Cliffs Robe River Iron Associates, Applicant and The Australian Workers' Union West Aus- tralian Branch, Industrial Union of Workers, Re- spondent. Order. HAVING heard Mr D. G. Moss on behalf of the ap- plicant and Mr C. Butcher on behalf of the respon- dent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979, hereby orders— That the C.R.R.I.A. Iron Ore Production and Processing Award No. 10 of 1979 be varied in ac- cordance with the following schedule and that such variation shall have effect from the begin- ning of the first pay period commencing on or after the date hereof. Dated at Perth this 28th day of September, 1982. (Sgd.) B. J. COLLIER, [L.S.] Commissioner. Schedule. 1. Clause 35.—Wages: After the classification of "Apron Feeder Train Loader Operator", in para- graph (a) Operators, or subclause (5) AWU, insert a new classification as follows: From 30/8/82 Dual Apron Feeder Train Loader Oper- ator (Eastern Deepdale) 308.90 Trainee Train Loader Operator (Eastern Deepdale) 301.40 2. Part II—Messing, Town Cleaning and Gardening Services. Clause 5.—Casual Employees: Delete this clause and insert in lieu:— 5.—Casual Employees. (1) A casual employee shall be engaged in ac- cordance with Clause 6, Part I of this Agreement, except that the period of notice referred to in Clause 6 shall be one hour in the case of a casual worker. (2) (a) On the first day of engagement, a worker shall be notified by his employer or by the employer's representative if he is hired as a casual worker— (i) if the expected duration of ftie employ- ment is less than two weeks; or (ii) if the notification referred to in para- graph (a) is not given and the worker is dismissed through no fault of his own within two weeks of commencing em- ployment. (3) A casual employee under this Parliament shall mean an employee on an hourly contract of employment who works 7.6 or any lesser number of ordinary hours per day of 38 or any lesser number of ordinary hours per week. (4) All time worked by a casual employee in excess of 7.6 hours per day and/or 38 hours per week, shall be deemed overtime and paid for at the appropriate overtime rate as prescribed in Clause 12, Part I of this Agreement. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2551 (5) A casual worker shall be paid 15 per cent of the ordinary hourly rate in addition to the ordi- nary rate for his classification as shown in Clause 1 of this Part for each hour worked. (6) The provisions of Clauses 17, 20, 21 and 22 of Part I of this Agreement, do net apply to casual workers. ENGINEERING TRADES (Fremantle Port Authority). Award Nos. 42 and 48 of 1968. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 278 of 1982. Between Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth, Applicant, and Fremantle Port Authority, Re- spondent. Order. HAVING heard Mr A. R. Beech on behalf of the applicant, Mr K. J. Peckham on behalf of the Amalgamated Metal Workers' and Shipwrights' Union of Western Australia and another, and Mr J. Tinson on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the Engineering Trades (Fremantle Port Authority) Award Nos. 42 and 48 of 1968 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 8th day of January, 1982 in the case of parts 3 and 7 of the First Schedule—Wages, and as from the begin- ning of the first pay period commencing on or after the 1st day of September, 1982 in all other cases. Dated at Perth this 1st day of September, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. Schedule. 1. Clause 13.—Overtime: Delete this clause and in- sert in lieu:— 13.—Overtime. (l)(a) Except as hereinafter provided, all time worked in excess of or outside of the usual work- ing hours on any day shall be paid for at the rate of time and a half for the first two hours and double time thereafter. (b) Where work is done on Saturdays, the worker shall be paid at the rate of time and a half for the first two hours and double time 21681—13 thereafter, but if work is performed on a Sunday or after 12 noon on a Saturday, the worker shall be paid double time for all time so worked. (2) A worker shall not be compelled to work for more than five hours without a break for a meal. (3)(a) Subject to the provisions of this subclause, a worker who commences to work overtime at or after the usual ceasing time and before the usual starting time: (i) shall, if the overtime continues beyond 6.00 p.m. and is continuous with his day's work be supplied with a meal by his employer or be paid $5.05 for a meal, and if, owing to the amount of overtime worked, a second or sub- sequent meal is required, he shall be supplied with each such meal by the employer or be paid $3.55 for each meal so required; (ii) a worker who commences to work overtime before the usual starting time shall, if the overtime exceeds one hour and is continuous with his day's work, be supplied with a meal by his employer or be paid $5.05 for a meal, and if, owing to the amount of overtime worked a second or subsequent meal is required, he shall be supplied with each such meal by the employer or be paid $3.55 for each meal so required; (iii) the continuity of work shall not be deemed to have been interrupted by any meal break allowed within the period referred to, but no such meal period shall be paid for. (iv) provided that the meal time referred to in paragraph (ii) shall not apply where a full meal hour is allowed and provided further this clause shall not apply to employees standing by cargo handling machinery during ship working oper- ations. (b) The provisions of subparagraph (i) and (iii) of paragraph (a) of this subclause shall not apply— (i) in respect of any period of overtime for which the worker has been notified on the previous day or earlier that he will be required; or (ii) to any worker who lives in the locality in which the place of work is situated in respect of any meal for which he can reasonably go home. (c) (i) If a worker to whom subparagraph (i) of paragraph (b) of this subclause applies has, as a consequence of the notification referred to in that para- graph, provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he shall be paid, for each meal provided and not required, the appropriate amount prescribed above; (ii) if a worker is notified on the previous day or earlier that he will be required to work on a Saturday or Sunday, and as a consequence of that notification provides himself with a meal or meals and is not required to work, or is re- quired to work for less time than the period notified, he shall be paid for each meal provided and not required the appropriate amount prescribed above. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (d) For the purpose of paragraph (a) of this subclause— (i) the expressions, "usual starting time" and "usual ceasing time" mean, respect- ively, the time at which the worker usually commences and the time at which he usually ceases his ordinary hours of duty; and (ii) time worked on Saturdays or Sundays between the usual starting time and the usual ceasing time shall not be deemed to be overtime. (4) A worker required to work continuously from 12 midnight to 6.00 a.m. and ordered back to work at 7.30 a.m. the same day, shall be paid $3.65 for breakfast. (5) All time worked during the usual meal time by any worker shall be paid at overtime rates and such rates shall continue until the worker knocks off for his meal. (6) A worker called back after completing a day's work, or called out on a Saturday or Sunday, shall be paid a minimum of four hours at overtime rates and time reasonably spent in getting to and from work shall be counted as time worked, but if he is called out more than once within any period of four hours of a call, he shall not be entitled to any further payment for the time worked within the period of four hours from the time when he commenced work in re- sponse to his first call. (7) (a) When overtime work is necessary it shall, wherever reasonably practicable, be so ar- ranged that workers have at least 10 consecutive hours off duty between the work of successive days. (b) A worker (other than a casual worker) who works so much overtime between the termin- ation of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least 10 consecutive hours off duty between those times shall, subject to this paragraph, be released after completion of such overtime until he has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (c) If, on the instructions of his employer, such a worker resumes or continues work without having had such 10 consecutive hours off duty, he shall be paid at double time rates until he is released from duty for such period and he shall then be entitled to be absent until he has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (d) Where a worker (other than a casual worker) is called in to work on a Sunday or pub- lic holiday preceding an ordinary working day, he shall, wherever reasonably practicable, be given 10 consecutive hours off duty before his usual starting time on the next day. If this is not practicable then the provisions of subparagraphs (b) and (c) of this paragraph shall apply mutatis mutandis. Provided that overtime worked as a result of a recall, shall not be regarded as overtime for the purpose of this subclause, when the actual time worked is less than four hours on such recalls or on each of such recalls. (e) The amount due under this subclause in re- spect of any day shall be reduced by any amount due under subclause (6) of this clause for time not worked (or counted as being worked) within 10 hours prior to the worker's ordinary com- mencing time on that day. (8) All overtime shall be rostered as far as possible amongst available workers and such ros- ter shall be available for inspection by the union. (9) (a) The employer may require any worker to work reasonable overtime and such worker shall work overtime in accordance with such re- quirement. (b) No union or association party to this award, or worker or workers covered by this award, shall in any way, whether directly or in- directly, be a party to or concerned in any ban, limitation, or restriction upon the working of overtime in accordance with the requirements of this subclause. 2. Clause 15.—Special Rates and Provisions: De- lete this clause and insert in lieu: 15.—Special Rates and Provisions. (1) Dirt Money: Dirt money of 24 cents per hour shall be paid as follows— To workers employed on— (a) Stripping or dismantling cranes, fork lifts, tow motors, repairs to slewing gear or machinery bases of cranes, changing or lubricating crane hoist and der- ricking wires, servicing fork lift slides and lifting chains, repairs to clutches, gear boxes and differentials of mobile equipment; (b) Cutting or welding rails coated with tar; (c) Any other work of an unusually dirty nature. Where agreement cannot be reached by the foreman and the shop steward as to the appli- cation of subclause (c) of this clause, the matter may be referred to a Board of Reference for de- termination. (2) Height Money: A worker shall be paid an allowance of $1.20 for each day on which he works at a height of 15.5 metres or more above the nearest horizontal plane, provided that where work is carried out on the jibs of quay cranes which cannot be performed from the platform of the driver's cabin, an allowance of $1.90 per day shall be paid in lieu of the $1.20. (3) Confined Space: Thirty cents per hour extra shall be paid to any worker working in any place the dimensions of which necessitate the worker working in a stooped or cramped pos- ition, or where confinement within limited space is productive of unusual discomfort. (4) Floating Plant: (a) For work on bilges or on tailshafts in- side any vessel, forty eight cents per hour extra shall be paid and such extra payment shall be in lieu of and not in addition to dirt money and confined space money. (b) Thirty cents per hour extra shall be paid to workers overhauling diesel en- gines installed in any vessel or pontoon. (5) Servicing Buoys etc.: Workers engaged in the maintenance or servicing of beacons erected in the water and buoys while afloat shall be paid $2.00 per day. (6) Steam Cleaning: Workers operating steam cleaning machines shall be paid twenty four cents per hour. (7) Obnoxious Cargoes: An employee when he is performing duties which bring him into con- tact with obnoxious cargoes, carrying in the case of waterside workers an extra rate, or where working in the vicinity of such cargoes while being handled by waterside workers, and in such 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2553 case is subject to the same disability as the waterside workers, shall be paid the extra rate in addition to the rate otherwise payable to him. (8) Any worker working in water over his boots, or if gum boots are supplied, over the gum boots, shall be paid an allowance of 65 cents per day. (9) Zinc Spraying: (a) Workers engaged in spraying zinc coat- ing on vessels shall be paid 30 cents an hour extra. (b) Workers engaged in spraying zinc coat- ing on vessels whilst working in con- fined spaces shall be paid 46 cents an hour extra. (10) When an employee is required to hold a licence under the Police Traffic Act for the pur- pose of driving vehicles during the course of his duties and the employee does not require a li- cence or additional endorsement for his own pur- pose, the fees payable for such licence or endorsement shall be paid by the employer. 3. Clause 18.—Annual Leave: Delete this clause and insert in lieu:— 18.—Annual Leave. (1) Except as hereinafter provided, a period of four consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed an- nually to an employee by his employer after a period of 12 months' continuous service with such employer. (2) "Ordinary Wages" shall mean the rate of wage the employee has received for the greatest proportion of the calendar month prior to his taking the leave. (3) If any award holiday falls within an em- ployee's period of annual leave and is observed on a dav which in the case of that emolovee (7) (a) Subject to subclause (3) of this clause, when computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period that an employee is on annual leave and/or holidays. Provided that no deduction shall be made for any approved period an employee is absent from duty through sickness, with or without pay, unless the absence exceeds three calendar months, in which case de- duction may be made for such excess only. (b) Approved periods of absence from work caused through accident sustained in the course of employment shall not be considered breaks in continuity of service, but the first six months only of any such period shall count as service for the purpose of computing annual leave. (8) When work is closed down for the purpose of allowing annual leave to be taken, employees with less than a full year's service shall only be entitled to payment during such period for the number of days leave due to them. Provided that nothing herein contained shall deprive the em- ployer of his right to retain such employees dur- ing the close down period as may be required. (9) A worker shall be paid for any period of annual leave prescribed in subclauses (1) and (5) of this clause, together with a loading of 27 'A per cent on his ordinary rate of pay including the "comparison allowance", but excluding service pay and any other allowances on all annual leave accruing from 1st January, 1890. The loading shall not apply to proportionate leave on termin- ation. 4. Clause 19.—Sick Leave: Delete this clause and insert in lieu:— 19.—Sick Leave. would have been an ordinary working day, there (1) (a) A11 employee shall be entitled to pay- shall be added to that period one day being an ment for non attendance on the grounds of per- ordinary working day for each such holiday ob- sonal ill health or injury for one sixth of a week's served as aforesaid. Pay for each completed month of service. (4) If after one month's continuous service in (b) Payment hereunder may be adjusted at the any qualifying 12 monthly period an employee end of each accruing year, or at the time the em- lawfully leaves his employment or his employ- ployee leaves the service of the employer, in the ment is terminated by the employer through no event of the employee being entitled by service fault of the employee, the employee shall be paid subsequent to the sickness in that year to a 2.69 hours pay at his ordinary rate of wage in re- greater allowance than that made at the time the spect of each completed week of continuous ser- sickness occurred. vice in that qualifying period. (2) The unused portion of the entitlement pre- (5) In addition to any payment to which he scribed in paragraph (a) hereof in any accruing may be entitled under subclause (4) of this yeaf shaI1 be allowed to accumulate and may be clause, an employee whose employment termin- availed of in the next or any succeeding year, ates after he has completed a 12 monthly quali- (3) In order to acquire entitlement to payment fying period and who has not been allowed the in accordance with this clause, the employee leave prescribed under this award in respect of shall, as soon as reasonably practicable advise that qualifying period, shall be given payment the employer of his inability to attend for work, and the loading prescribed in subclause (9) the nature of his illness or injury and the esti- hereof in lieu of that leave unless— mated duration of the absence. Provided that (a) he has been justifiably dismissed for such advice other than in extraordinary circum- misconduct; and stances shall be given to the employer within 24 (b) The misconduct for which he has been hours of the commencement of the absence, dismissed occurred prior to the (4) No employee shall be entitled to the ben- completion of that qualifying period. efit of this clause unless he produces proof to the (6) An employee may be rostered off and satisfaction of the employer or his representative granted annual leave with payment of ordinary of such sickness, provided that the employer wages as prescribed prior to his having com- shall not be entitled to a medical certificate for pleted a period of 12 months' continuous service, absences of less than three consecutive working in which case should the services of such em- days unless the total of such absences exceeds ployee terminate or be terminated prior to the f've days in any one accruing year, completion of 12 months' continuous service, the (5) (a) Subject to the provisions of this said employee shall refund to the employer the subclause, the provisions of this clause apply to difference between the amount received by him an employee who suffers personal ill health or in- fer wages in respect of the period of his annual jury during the time when he is absent on annual leave and the amount which would have accrued leave and an employee may apply for and the to him by reason of the length of his service up to employer shall grant, paid sick leave in place of the date of the termination of his services. paid annual leave. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecu- tive days or more and he produces a certificate from a registered medical practitioner that he was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if he is unable to attend for work on the working day next follow- ing his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he proceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in ac- cordance with the provisions of Clause 18.—Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 18.—Annual Leave, shall be deemed to have been paid with respect to the replaced annual leave. (6) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Com- pensation Act, nor to employees whose illness or injury is the result of the employee's own mis- conduct. (7) After 10 years' continuous service the em- ployer shall pay to an employee on retirement, due to age or ill health or in the case of his death to his dependants or his estate, the balance of any accumulated sick leave entitlement. Pro- vided that for the purpose of this subclause, the accumulated sick leave entitlement shall be cal- culated on each completed month of service as from and including the 1st July, 1967 from which shall be deducted all sick leave taken since that date. 5. First Schedule—Wages: (A) Delete parts 1 and 3 of this schedule and insert in lieu:— Part 1 —Total Wage--(Per Week) Column 1 Column 2 Column .2 On After 1 After 2 Knh'ago- year of years of . ment service service Classification (1) Toolmaker (2) Scientific Instrument Maker and Repairer... (3) Blacksmith—in work- shop (4) Fitter (5) Turner (6) Battery Fitter (7) Machinist — First Class (8) Welder — Special Class (9) Welder—First Class... (10) Welder — Second Q letSS (11) Welder—Third Class ' 292.00 296.10 299.70 292.00 296.10 299.70 278.40 282.30 285.70 276.60 280.50 283.90 276.60 280.50 283.90 276.60 280.50 283.90 276.60 280.50 283.90 280.90 284.90 288.30 276.60 280.50 283.90 232.10 235.30 238.20 228.50 231.70 234.50 Classification (12) Automotive Electrical Pitter (13) Motor Mechanic (14) Plant Mechanic (15) Electrician Special Class (16) Electrical Fitter and/or Armature Winder (17) Electrical Installer (18) Sand or Shot Blaster who is not protected from flying sand or shot by a properly en- closed cabin (19) Tool Storeman (20) Blacksmith's Striker.. (21) Tradesman's Assis- tant (22) Tradesman—marking off Column I Column 'I Column 3 On Afterl After 2 Cngage year of years of ment service service $ $ S 276.60 280.50 283.90 276.60 280.50 283.90 276.60 280.50 283.90 298.10 302.30 305.90 276.60 280.50 283.90 276.60 280.50 283.90 238.30 241.60 244.60 238.30 241.60 244.60 226.80 230.00 232.80 226.80 230.00 232.80 280.90 284.90 288.30 Part 3—Leading Hands. A tradesman placed in charge of other workers shall, in addition to his ordinary rate, be paid— (a) $12.10 per week when in charge of not less than three and not more than 10 workers; (b) $18.40 per week when in charge of more than 10 and not more than 20 workers; (c) $23.08 per week when in charge of more than 20 other workers. (B) Add to this Schedule a new Part 7—Tool Al- lowance in the following terms: Part 7—Tool Allowance. (a) Where an employer does not provide a tradesman or an apprentice with the tools ordinarily required by that tradesman or ap- prentice in the performance of his work as a tradesman or as an apprentice the employer shall pay a tool allowance of— (i) $6.80 per week to such tradesman, or (ii) in the case of an apprentice a per- centage of $6.80 being a percentage which appears against his year of ap- prenticeship in Clause (6) of this schedule for the purpose of such tradesman or apprentice supplying and maintaining tools ordinarily re- quired in the performance of his work as a tradesman or apprentice. (b) Any tool allowance paid pursuant to para- graph (a) of this clause shall be included in, and form part of, the ordinary weekly wage prescribed in this schedule. (c) An employer shall provide for the use of tradesmen or apprentices all necessary power tools, special purpose tools and pre- cision measuring instruments. (d) A tradesman or apprentice shall replace or pay for any tools supplied by his employer if lost through his negligence. 27th October, 1982.j WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2555 ENGINE DRIVERS COUNTRY POWER STATION (S.E.C.). Award No. 19 of 1975. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 35 of 1982. Between Federated Engine Drivers and Firemen's Union of Workers of Western Australia, Appli- cant, and State Energy Commission, Respon- dent. Order. HAVING heard Mr R. A. Keegan on behalf of the ap- plicant and Mr S. H. Dunstan on behalf of the re- spondent, and by consent the Commission, pursuant to the powers conferred on it under the Industrial Ar- bitration Act, 1979 hereby orders— That the Engine Drivers, Country Power Stations (S.E.C.) Award No. 19 of 1975 be varied in accordance with the following schedule and that such variations shall have effect with re- spect to Clause 2.—Arrangement and Clause 19.—Definitions from the 28th day of September, 1982, and with respect to Clause 24.—Wages on a flat basis for Column A from the beginning of the first pay period commenc- ing on or after the 21st day of March, 1982 and Column B from the beginning of the first pay period commencing on or after the 13th day of June 1982, and for all purposes of the award from the beginning of the first pay period com- mencing on or after the 28th day of September, 1982. This order replaces Order CR548 of 1980 dated the 1st day of April, 1981 in so far as that order relates to the rates of pay referred to in Clause 4 of that order, and shall have effect from the 21st day of March, 1982. Dated at Perth this 7th day of October, 1982. (Sgd. G. A. JOHNSON, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement: (a) Delete Clause 19. Preference. (b) Insert new Clause 19. Definitions. 2. Clause 19.—Preference: Delete Clause 19.—Preference. 3. Insert new Clause 19.—Definitions. 19.—Definitions. (1) "Charge Engine Driver" means a worker employed at the Redbank Power Station who shall be responsible for the starting and stopping of diesel generating units with an output ca- pacity of not less than 5.6 MW and who performs all duties annexed to their safe operation. His duties shall include the logging of the elec- trical output of the respective generating units and feeder apd when necessary, he will be re- quired to direct employees who are required to perform the duties of attending to waste heat boilers, fuelling plant and equipment, water treatment plant and those employees employed as Greasers and Cleaners. The Charge Engine Driver shall be responsible for reporting direct to the Power Station Fore- man any faults or defects which may occur to the generating plant, fuel handling equipment or the sudden loss of system load during his shift. (2) "Boiler and Fuelling Attendant" means a worker employed at the Redbank Power Station who operates the waste heat boilers fitted to the 12 MW diesel generating units and other associ- ated ancillary equipment and shall be respon- sible for maintaining the correct temperature of heavy fule oil and all duties involved with the transfer of fuel oil to the daily service tanks. His duties shall also include taking log read- ings of the performance of the engine which supplies heat to the respective boilers. Such readings shall be taken at the engine console when necessary. (3) "Fuel Treatment Attendant" means a worker employed at the Redbank Power Station who attends to the operation of the heavy fuel oil treatment equipment installed in the station. His duties shall include cleaning filters, centrifuges and other associated ancillary equip- ment and cleaning the fuel treatment plant building. (4) "Water Treatment Plant Attendant" means a worker employed at the Redbank Power Station who attends to the operation of the water treatment plant for the use of supplying makeup boiler water and engine jacket water. His duties shall also include the elementary testing of the output of the water treatment plant and adding chemicals as directed by the Power Station Foreman. He shall also assist the Fuel Treatment Attendant with his duties. (5) "Greaser" means a worker who performs any work pertaining to: (a) Cleaning and operating lubricating oil centrifuges associated with diesel gener- ating units. (b) Cleaning and operating lubricating oil filters. (c) Maintaining the correct lubricating oil levels in engine sumps, cam boxes and pedestal bearings and any other items attached to the alternators or engines which require lubrication. (d) Lubricating (greasing) and oiling those parts of the engines or their ancillary equipment as directed. (e) Cleaning generating plant and equip- ment as directed or allocated and assist- ing the Engine Drivers with their re- spective duties as required. (6) "Cleaner" means a worker who performs all work associated with cleaning buildings, equipment and surrounds within the Power Station perimeter. The Cleaner shall also be responsible for en- suring that the Power Station entrance gates are locked and kept locked during afternoon and night shifts. 4. Clause 24.—Wages: Delete this clause and insert in lieu:— 24.—Wages. (1) Workers shall be paid the rate and in ad- dition the special payment assigned to their class of work. Column "A" Column "B" Rate per Special Rate per Special week payment week payment $ $ S $ Charge Engine Driver 227.60 22.90 241.80 22.90 Engine Driver in Station with an out- put of: (a) II megawatts or less 206.30 22.90 219.30 22.90 (b) more than eleven mega- watts but not more than 20 megawatts 210.70 22.90 223.90 22.90 (c) more than 20 megawatts 214.80 22.90 228.30 22.90 2556 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. Column "A" Column •"B" Rate per Special Rate per Special week payment week payment $ " $ S \5 Boiler and Fuelling Attendant 206.30 22.90 219.30 22.90 Fuel Treatment At- tendant 197.69 15.10 209.70 15.10 Water Treatment Plant Attendant 197.60 15.10 209.70 15.10 Greaser 197.60 15.10 209.70 15.10 Cleaner 184.80 15.10 196.10 15.10 (2) Additions to Rate—An Engine Drive en- gaged as herinafter specified shall have his rate increased as follows: Column Column "A" "B" $ $ (a) attending to an electric generator or dynamo ex- ceeding 10 kW capacity... 12.90 12.90 (b) attending to a switch- board where the generat- ing capacity is 350 kW or more 4.05 4.05 ENGINE DRIVERS (S.E.C.). Award No. 15 of 1977. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 549 of 1982. Between Federated Engine Drivers and Firemen's Union of Workers of West Australia, Applicant, and State Energy Commission, Respondent. Interim Order. HAVING heard Mr R. A. Keegan on behalf of the ap- plicant and Mr S. H. Dunstan on behalf of the re- spondent, and by consent the Commission, pursuant to the powers conferred on it under the Industrial Ar- bitration Act, 1979 hereby orders— That the Engine Drivers (State Energy Com- mission) Award No. 15 of 1977 be varied in ac- cordance with the following schedule and that such variation shall have effect on a flat basis as from the beginning of the first pay period com- mencing on or after the 16th day of August, and for all purposes of the award from the beginning of the first pay period commencing on or after the 28th day of September, 1982. Dated at Perth this 6th day of October, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. Provided that where a worker is: (a) in his third year of service, the rate per week shall be that prescribed in Column "B". (b) in his fourth or subsequent year of service, the rate per week shall be that prescribed in Column "C". Column Column Column Column A B C D Rates per week ($) In fourth and On sub- Corn- In third sequent mence- yearofser- years of Special ment vice service payment Ash Plant Attendant.... 200.00 207.00 210.30 39.50 Auxiliary Plant At- tendant 213.10 220.10 223.40 50.30 Boiler Cleaner 204.10 211.10 214.40 39.50 Boiler Controller 220.90 230.80 245.30 50.30 Boiler Water Tester 216.50 226.40 240.90 50.30 Bunker Attendant 200.00 207.00 210.30 39.50 Coal Plant Operator 213.10 220.10 223.40 50.30 Crawler Tractor Driver using power operated attachments: Up to Class 2 222.70 229.70 233.00 39.50 Classes 3 and 4 230.40 237.40 240.70 39.50 Classes 5 and 6 239.60 246.60 249.90 39.50 Classes 7 and 8 242.50 249.50 252.80 39.50 Class 9 246.40 253.40 256.70 39.50 Diesel Locomotive Driver 212.30 222.20 236.70 50.30 Fuelman 200.00 207.00 210.30 39.50 Greaser 200.00 207.00 210.30 39.50 Hoist Attendant 204.10 211.10 214.40 39.50 Laboratory Attendant.. 200.00 207.00 210.30 39.50 Mobile Crane Driver: Up to 5 tonnes 218.90 225.90 229.20 39.50 Over 5 tonnes and up to 10 tonnes 225.40 232.40 235.70 39.50 Over 10 tonnes and up to 20 tonnes 234.60 241.60 244.90 39.50 Over 20 tonnes and up to 40 tonnes 237.80 244.80 248.10 39.50 Oil Filter and Separ- ator Attendant 200.00 207.00 210.30 39.50 Plant Cleaner 187.30 194.30 197.60 39.50 Pneumatic tyred tractor Driver: Up to 37 kilowatts Over 37 kilowatts Shunter Tippler driver Turbine Driver Turbine Room Crane Driver Unit Attendant Grade 1 Unit Attendant Grade 2 Unit Auxiliary Attend- ant 222.70 229.70 233.00 39.50 230.40 237.40 240.70 39.50 200.00 207.00 210.30 39.50 204.10 211.10 214.40 39.50 220.90 230.80 245.30 50.30 219.50 226.50 229.80 39.50 256.40 266.30 280.80 50.30 220.90 230.80 245.30 50.30 216.50 226.40 240.90 50.30 Clause 29.- lieu:— Schedule. -Wages: Delete this clause and insert in 29.—Wages. (1) Subject to the provisions of this subclause a worker shall be paid the rate per week and in ad- dition the special payment assigned to his class of work. Note: Crawler Tractors are classified in accordance with Australian Standard D4—1964 "Classification of Crawler Tractor by Weight" as follows: Class Shipping Weight—Pounds 1 Up to 3 000 2 Over 3 000 up to 6 000 3 Over 6 000 up to 10 000 4 Over 10 000 up to 15 000 5 Over 15 000 up to 25 000 6 Over 25 000 up to 40 000 7 Over 40 000 up to 60 000 8 Over 60 000 up to 80 000 9 Over 80 000 27th October, 1982.1 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. Per week 2. Leading Hands placed in charge of: $ (a) not less than three and not more than 10 other workers shall be paid extra 12.10 (b) more than 10 and not more than 20 other workers shall be paid extra 18.40 (c) more than 20 other workers shall be paid extra 23.80 GOVERNMENT ENGINEERING AND BUILDING TRADES FOREMEN AND SUB FOREMEN. Award No. 15 of 1973. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 400 of 1982. Between Foremen (Government) Industrial Union of Workers of W.A., Applicant, and The Honour- able Minister for Works and Water Resources and Others, Respondents. Order. HAVING heard Mr J. C. Beedham on behalf of the applicant, Mr J. Tinson on behalf of the Fremantle Port Authority and Mr D. J. Cloghan on behalf of other respondents, and by consent, the Commission, pursuant to the powers conferred on it under the In- dustrial Arbitration Act, 1979 hereby orders— That the Government Engineering and Build- ing Trades Foremen and Sub Foremen Award No. 15 of 1973 as varied, be further varied in ac- cordance with the following schedule and that such variation shall have effect as from the be- ginning of the first pay period commencing on or after the 1st day of June, 1982. Dated at Perth this 1st day of September, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. Clause 23.—Wages: clause and insert in lieu Schedule. Wages: Delete subclause (1) of this Rates per week First There- year after $ $ (1) (a) Foremen— Class 1 416.30 425.80 Class 2 406.70 416.30 Class 3 387.80 397.10 Class 4 369.70 378.70 (b) Sub Foremen— Class 1 353.90 361.20 Class 2 345.20 353.90 HOSPITAL LAUNDRY AND LINEN SERVICES (Government). Award No. 11 of 1975. TRANSPORT WORKERS (Government). Award No. 2A of 1952. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Nos. 407 and 409 of 1981. Between Transport Workers Union of Australia In- dustrial Union of Workers, Western Australian Branch, Applicant, and No. 407 of 1981, Hon. Premier for the State of Western Australia and Others; No. 409 of 1981 The Board of Manage- ment, The Lakes Hospital, Respondents. Before Mr Commissioner G. A. Johnson. The 21st day of May, 1982. Mr J. Gerritsen on behalf of the applicant. Mr J. N. Serich and afterwards Mr J. A. Spurling on behalf of the respondents. Reasons for Decision. THE COMMISSIONER: These applications seek to amend two awards in a number of respects. In this part of the proceedings the union seeks to increase rates of pay by $20.00 per week as part of the process of extending to all transport employees the results of the 1981 negotiations between the Federal union and the Australian Road Transport Federation. The first award sought to be amended is the Transport Workers (Government) Award No. 2A of 1952. This award No. 2A of 1952. This award has had a long established nexus with the Transport Workers (General) Award No. 10 of 1961 which in turn has a nexus with the Transport Workers (Mixed Indus- tries) Award 1970 of the Australian Commission. The State award was amended to provide a $20.00 per week increase in rates of pay effective as from the be- ginning of the first pay period commencing on or after 1st April, 1982 (decision dated 8th April, 1982 unreported) and the union applicant in these pro- ceedings claims a similar increase in rates for Government transport employees to apply from the same date. In reply, the respondents say that there are a number of factors which should be taken into ac- count. Transport employees in this State have re- ceived $6.30 by way of the 1981 State Wage Case (61 W.A.I.G. 1894) and $5.70 from increases in the Government Service and Supplementary Payments Order (62 W.A.I.G. 132) leaving an amount of $8.00 possibly outstanding. On the basis of the Service Pay Case reasons for decision there is a need to break away from the traditional format of a base award rate plus service pay and fix total rates by looking to the market place and to rates paid by other Government authorities in Australia. Those reasons restate a factor which has been con- sidered before in cases concerning Government ser- vice pay and is now set out— It was stated earlier that in determining ser- vice and supplementary payments for Govern- ment employees we thought it proper to have re- gard to the payments made to Government workers elsewhere in Australia and over award payments being made in private industry in this State. This was the view of the Commission in Court Session in 1970, these two factors were ad- vanced by the Council in a like case in 1978 and 2558 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. are now put by the Government as a proper means by which the fairness of total wages for Government employees may be measured. In the broad, employees of Government in this state ex- ercise many of the same skills and responsibilities as like employees of other Governments in Australia and their remuner- ation should be seen as being fair by comparison. On the other had, Government employees should not be expected to perform the tasks required of them by the community in this State for a return below the standard available to that community. Nor, of course, in this context should the com- munity be called upon, by way of taxes and charges, to support a wage level for Government employees which ignores community standards. (62 W.A.I.G. 123 at p.134.) That statement, the employers say, suggests that no increase is warranted because the existing rates with service pay are about $13.00 ahead of the pri- vate rates which were recently increased by the $20.00. This submission is made on the basis that few over award payments are made in private industry. When comparison with the rates paid by other governments is made, the Government transport rates are about $15.00 behind the simple average and so on that basis an increase of less than $20.00 is ap- propriate. It is clear from the Service Pay Case that the Com- mission saw it desirable for parties to the awards referred to in the General Order issuing in that case to be prepared to look at other methods of fixing the total rates to be paid to the employees covered by those awards. While the extract quoted from the reasons in that case stated the attitude of this Com- mission when fixing appropriate levels of service pay, it did not attempt to provide a rule to be applied by the Commission when it looks at particular awards. Metal trades unions have seen fit to take part in discussion with Government employers with respect to rates of pay for Government metal trade em- ployees, with the result that the particular awards have been removed from the General Order and the wage rate clauses in the awards now contain total rates of pay. That course of action is not the only one available and the simple fact of its existence in the metal trade area imposes no obligation on the parties to other awards or this Commission to do likewise for other Government employees. There is in my view a clear course of action which the Commission should take in this case. The award rates have been derived from the Transport Workers (General) Award for many years. There is no reason to disturb that nexus unless it is clear that it is no longer appropriate. Similar employees in Victoria, Queensland, South Australia and Tasmania are paid rates from awards which appear to have the same genesis. In each case the employees receive over award payments in ac- cordance with the particular scheme applying in each state. The over award payments in Victoria, South Australia and Tasmania are much the same as those paid to Government employees in this State after taking account of the State Wage Case $6.30. It seems to me that an increase in the award rates in this State as sought by the union will do no more than bring Government transport employees up to the same general level that applies in the other states. Had that action produced a result which gave the employees in this State significantly more than the best of the other states, then I believe the Com- mission in Court Session's statement earlier referred to would require attention being given to the components of the total wage so produced. The maximum total rates paid by other govern- ments are set out— 1.2 tonnes or less $ New South Wales 248.50 Victoria 255.20 Queensland 239.20 South Australia 250.20 Tasmania 257.60 Commonwealth 240.90 The current rate paid in this State is $233.40 and the addition of $20.00 would not in my view produce a total rate significantly more than is being paid by other governments. There is of course the undertak- ing given by the union that increases contemplated in the near future for the Transport Workers (General) Award will be offset by an amount of $6.30; increases which will no doubt be passed on in full to awards ap- plying in the other states. In any event, the result of the $20 increase appears reasonable and will be granted to apply from the first pay period commenc- ing on or after 1st April. The result of such a decision appears to give the Government transport employee an advantage over his private counterpart. There is no information be- fore the Commission to permit any sound conclusion concerning the level of over award payments in this or the other states and I believe the comparisons I have used to be more appropriate in deciding this matter. The second award is the Hospital Laundry and Linen Services (Government) Award No. 11 of 1975. This award is not contained in the schedule of awards attached to the Service Pay order. Instead the rates contained in the award are total rates combining a base rate related back to transport employees gener- ally and the Government service pay. The transport employees under the award received the $6.30 arising out of the State Wage Case but not the $5.70 increase arising out of the Service Pay Case. The last amount had effect for other Government employees as from 28th September, 1981. While there is no argument between the parties on the final result; that is, parity in total terms with em- ployees subject to the Transport Workers (Government) Award, the union believes there should be greater retrospectivity to account for the $5.70 difference existing between the two awards be- tween September 1981 and April 1982. I appreciate the circumstances giving rise to this aspect of the ap- plication but I believe in all the circumstances the ef- fective date for the other State transport award amendments to be more appropriate. Minutes of the proposed amendments will now issue. Those matters still unresolved will be stood over to another time. Order accordingly. EDITOR'S NOTE. Interim order Nos. 407 and 409 of 1981 previously published, without "Reasons for Decision", in W.A.I.G. Vol. 62. Part 2, Sub-Part 1, pages 1677 and 1760. (See also "Correction" notice in this issue-—W.A.I.G. Vol. 62, Part 2. Sub-Part 4.). 27th October, 1982.] 25o9 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 407 of 1981. Between Transport Workers' Union of Australia, In- dustrial Union of Workers, Western Australian Branch, Applicant and The Hon. Premier for the State of W.A. and others, Respondents. Interim order. HAVING heard Mr J. Gerritsen on behalf of the ap- plicant and Mr J. N. Serich and later Mr. J. A. Spurling on behalf of the respondents, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— That the Transport Workers' (Government) Award No. 2A of 1952 be varied in accordance with the following schedule and that such vari- ation shall have effect as from the beginning of the first pay period commencing on or after the 1st day of April, 1982. Dated at Perth this 18th day of June, 1982. (Sgd.) G. A. JOHNSON, [L.S.I Commissioner. Schedule. 1. Clause 5.—Wages: Delete subciauses 1, 2, 3, 4 and 5 and insert in lieu: 5.—Wages. 1. Adult Workers: An adult worker shall be paid the total weekly wage prescribed herein, namely— $ (a) Loaders 208.40 (b) Motor Drivers Assistant 208.50 (c) Drivers of motor cycle with side- car or motor tricycle used for the purpose of carting goods 203.20 (d) Motor drivers of vehicles— Not exceeding 1.2 tonnes capacity 220.10 Exceeding 1.2 tonnes capacity but not exceeding 3 tonnes capacity 223.30 Exceeding 3 tonnes but under 6 tonnes capacity 226.20 6 tonnes and over but under 7 tonnes capacity 226.80 7 tonnes and over but under 8 tonnes capacity 228.30 8 tonnes and over but under 9 tonnes capacity 228.60 9 tonnes and over but under 10 tonnes capacity 229.10 10 tonnes and over but under 11 tonnes capacity 229.70 11 tonnes and over but under 12 tonnes capacity 230.50 12 tonnes and over but under 13 tonnes capacity 231.20 13 tonnes and over but under 14 tonnes capacity 232.00 14 tonnes and over but under 15 tonnes capacity 232.70 15 tonnes and over but under 16 tonnes capacity 233.30 16 tonnes and over but under 17 tonnes capacity 233.60 17 tonnes and over but under 18 tonnes capacity 234.20 18 tonnes and over but under 19 tonnes capacity 234.80 19 tonnes and over but under 20 tonnes capacity 235.40 20 tonnes and over but under 21 tonnes capacity 236.30 21 tonnes and over but under 22 tonnes capacity 237.10 22 tonnes and over but under 23 tonnes capacity 237.40 23 tonnes capacity and over 237.70 Driver of motor vehicle (not being a tractor) drawing a trailer, for a loaded single-axle trailer—$1.12 per day extra, or for an empty single-axle trailer—63 cents per day extra. For any other loaded trailer—$1.45 per day extra, or for any other empty trailer—82 cents per day extra. (e) Driver of articulated vehicle— Not exceeding 9 tonnes capacity 232.40 9 tonnes and over but under 10 tonnes capacity 233.20 10 tonnes and over but under 11 tonnes capacity 233.50 11 tonnes and over but under 12 tonnes capacity 234.00 12 tonnes and over but under 13 tonnes capacity 234.30 13 tonnes and over but under 14 tonnes capacity 235.00 14 tonnes and over but under 15 tonnes capacity 236.00 15 tonnes and over but under 16 tonnes capacity 236.40 16 tonnes and over but under 17 tonnes capacity 237.20 17 tonnes and over but under 18 tonnes capacity 237.60 18 tonnes and over but under 19 tonnes capacity 238.40 19 tonnes and over but under 20 tonnes capacity 239.20 20 tonnes and over but under 21 tonnes capacity 239.60 21 tonnes and over but under 22 tonnes capacity 240.10 22 tonnes and over but under 23 tonnes capacity 241.00 23 tonnes and over but under 24 tonnes capacity 241.70 24 tonnes and over but under 25 tonnes capacity 242.10 25 tonnes and over but under 26 tonnes capacity 242.40 26 tonnes and over but under 27 tonnes capacity 243.00 27 tonnes and over but under 28 tonnes capacity 244.00 28 tonnes and over but under 29 tonnes capacity 244.50 29 tonnes and over but under 30 tonnes capacity 245.10 30 tonnes and over but under 31 tonnes capacity 245.60 31 tonnes and over but under 32 tonnes capacity 246.50 32 tonnes and over but under 33 tonnes capacity 247.20 33 tonnes and over 247.50 (f) Driver of machinery float— Not exceeding 9 tonnes capacity 234.60 9 tonnes and over but under 10 tonnes capacity 235.30 10 tonnes and over but under 11 tonnes capacity 236.20 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 11 tonnes and over but under 12 tonnes capacity 236.60 12 tonnes and over but under 13 tonnes capacity 237.30 13 tonnes and over but under 14 tonnes capacity 237.70 14 tonnes and over but under 15 tonnes capacity 238.60 15 tonnes and over but under 16 tonnes capacity 239.30 16 tonnes and over but under 17 tonnes capacity 239.90 17 tonnes and over but under 18 tonnes capacity 240.30 18 tonnes and over but under 19 tonnes capacity 241.10 19 tonnes and over but under 20 tonnes capacity 241.80 20 tonnes and over but under 21 tonnes capacity 242.20 21 tonnes and over but under 22 tonnes capacity 242.70 22 tonnes and over but under 23 tonnes capacity 243.40 23 tonnes and over but under 24 tonnes capacity 244.20 24 tonnes and over but under 25 tonnes capacity 244.80 25 tonnes and over but under 26 tonnes capacity 245.30 26 tonnes and over but under 27 tonnes capacity 246.00 27 tonnes and over but under 28 tonnes capacity 246.60 28 tonnes and over but under 29 tonnes capacity 247.30 29 tonnes and over but under 30 tonnes capacity 247.70 30 tonnes and over but under 31 tonnes capacity 248.30 31 tonnes and over but under 32 tonnes capacity 249.40 32 tonnes and over but under 33 tonnes capacity 249.70 33 tonnes and over 250.30 (g) Drivers of mechanical horse with or without trailer 206.60 (h) Driver of fork lift with lifting ca- pacity— (i) up to and including 4 500 kg 226.20 (ii) over 4 500 kg and up to 9 000 kg 229.10 (iii) over 9 000 kg 229.70 (i) Driver of tow motor 215.10 (j) Driver of tractor without power driven attachments 225.40 (k) Straddle carrier driver— (i) who operates within the confines of the em- ployer's property 228.70 (ii) others 231.60 (1) Where two or more mobile cranes or fork lifts are engaged on any one lift, the drivers thereof shall be paid an ad- ditional amount for the time so occu- pied at the rate of $2.20 per week. 2. Leading Hands: A leading hand appointed as such by the employer and placed in charge of— (a) not less than three and not more than 10 other workers shall be paid $11.20 per week extra. (b) more than 10 and not more than 20 other workers shall be paid $16.70 per week extra. (c) more than 20 other workers shall be paid $21.40 per week extra. 3. Junior Workers: (a) Rates of pay (per cent of the total wage payable to an adult worker for the class of work performed). (>■ /O Under 19 years of age 70 Under 20 years of age 80 20 years of age 100 (b) No junior under 17 years of age shall be permitted to have sole charge of a motor vehicle. 4. Casual Workers: Casual workers, being workers who are dismissed through no fault of their own before the expiration of one week of employment shall be paid 20 per cent in addition to the ordinary rate. 5. Self-loading Equipment: A worker who, in the course of his employment, drives a vehicle equipped with self loading equipment which re- quires the possession of a certificate of com- petency shall be paid an extra $6.60 per week. 2. Clause 6.—Extra Rates: Delete Subclauses 4, 6, 7, 8, and 10 and insert in lieu:— 6.—Extra Rates. 4. Drivers who handle money during any week or portion of a week as part of their duties and account for it shall be paid in addition to the rate of wage prescribed by Clause 5, as follows: $ For any amount handled up to $20.00 0.50 For any amount handled over $20.00 but not exceeding $200.00 1.00 For any amount handled over $200.00 but not exceeding $600.00. 1.80 For any amount handled over $600.00 but not exceeding $1 000.00 2.60 For any amount handled over $1000.00 3.50 The term "money" used herein shall be deemed to include cheques. 6. Workers carting secondhand furniture, ex- cept to or from a dealer, auction mart or re- pairer, shall be paid $6.60 per week extra. 7. Workers carting livestock (horses, cattle, sheep, pigs, or goats) shall be paid $6.60 per week extra. 8. A driver who is required to act as salesman of goods in his vehicle shall be paid $1.00 per week extra. 10. A worker required to work in a van or a chamber with a temperature of less than 0 C shall receive an additional 28 cents per hour or part thereof for all time so worked. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 409 of 1981. Between Transport Workers' Union of Australia, In- dustrial Union of Workers, Western Australian Branch, Applicant, and The Board of Manage- ment, The Lakes Hospital, Respondent. Interim Order. HAVING heard Mr J. Gerritsen on behalf of the ap- plicant and Mr. J. N. Serich and later Mr J. A. Spurling on behalf of the respondent, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— That the Hospital Laundry and Linen Service (Government) Award No. 11 of 1975 be varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 1st day of April, 1982. Dated at Perth this 18th day of June, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. HOSPITAL SALARIED OFFICERS (Spastic Welfare). Award No. 37 of 1976. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 647 of 1982. Between Spastic Welfare Association of Western Australia Inc., Applicant, and Hospital Salaried Officers Association of Western Australia (Union of Workers), Respondent. Order. HAVING heard Mr R. H. Gifford on behalf of the Applicant and Mr R. J. Howard-Smith on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act 1979, and by consent, hereby orders— That the Hospital Salaried Officers (Spastic Welfare) Award No. 37 of 1976 be amended in accordance with the following schedule with ef- fect from the beginning of the first pay period commencing on or after the date hereof. Dated at Perth this 14th day of September, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. Award No. 11 of 1975. Clause 28.—Wages: Delete paragraph (e) and in- sert:— (e) Driver of Motor Vehicle under 1.2 tonnes capacity— $ First year of employment 247.20 Second year of employment 250.10 Third year of employment and thereafter 252.80 Exceeding 1.2 tonnes capacity but not exceeding 3 tonnes capacity— First year of employment 250.40 Second year of employment 253.30 Third year of employment and thereafter 256.00 Exceeding 3 tonnes capacity but under 6 tonnes capacity— First year of employment 253.30 Second year of employment 256.20 Third year of employment and thereafter 258.90 Clause 25.- Schedule. -Salaries. 1. Delete paragraph (c) of subclause 1. Clerical Div- ision of this clause and insert in lieu thereof:— Salary (c) per annum $ Co-Ordinator 15 473 2. Add new paragraph (f) in subclause 3. Pro- fessional Division of this clause, as follows:— (f) Recreation Officer Salary per 1st year of employment 17 062 2nd year of employment 18 225 3rd year of employment 18 833 4th year of employment 20 043 5th year of employment 20 683 Thereafter 21 332 2562 (Government). Award No. 21 of 1966. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 745 of 1982. Between: Hospital Employees Industrial Union of Workers, WA. Applicant, and Board of Manage- ment, Royal Perth Hospital and Others, Respon- dents. Order. HAVING heard Miss P. B. Kirwan on behalf of the Applicant and Mr N. H. McAullay on behalf of the Respondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act 1979, and by consent, hereby orders— That the Hospital Workers (Government) Award No. 21 of 1966 be amended in accordance with the following schedule, with effect from the beginning of the first pay period commencing on or after 5th July, 1982. Dated at Perth this 24th of September, 1982. (Sgd.) G. L. FIELDING, [L.S.I Commissioner. Schedule. Clause 39.— Wages: Delete Part 8—Storemen, of this Clause and insert the following in lieu: Part 8—Storemen Grade 1 $ 1st year of employment 258.50 2nd year of employment 261.40 3rd year of employment and thereafter..^. 264.00 Grade 2 (Pharmacy Storeman S.C.G.H., Engineers' Storemen P.M.H., Swanbourne-Graylands) 1st year of employment 262.00 2nd year of employment 265.70 3rd year of employment and thereafter 268.20 Grade 3 (Engineering Storeman— Fremantle, Storeman in Charge— R.P.H. Clothing Store) 1st year of employment 265.90 2nd year of employment 268.30 3rd year of employment and thereafter 272.00. HOSPITAL WORKERS (Hostel Supervisors). Award No. 6 of 1978. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 749 of 1982. Between Hospital Employees Industrial Union of Workers, W.A., Applicant, and Braemar Presby- terian Homes for the Aged and Others, Respon- dents. Order. HAVING heard Mr O. K. Salmon on behalf of the Applicant and Mr R. H. Gifford on behalf of the Re- spondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act 1979, and by consent, hereby orders— That the Hospital Workers (Hostel Super- visors) Award No. 6 of 1978 be amended in Clause 25.—Wages, in accordance with the fol- lowing schedule. Dated at Perth this 11th day of October, 1982. (Sgd.) G. L. FIELDING, [L.S.l Commissioner. Schedule. Clause 25.—Wages: Delete this clause and insert the following in lieu:— 25.—Wages. The minimum weekly rate of wages payable to workers covered by this award shall be as set out hereunder:— (1) Supervisor: $ (a) At 19 years of age and over: 1st year of employment 220.60 2nd year of employment 227.70 3rd year of employment and thereafter 235.00 (b) Under 19 years of age (percentage of the total wage prescribed for a Super- visor in her first year of employment in item (1) hereof per week): (" (> 1st year of employment 73 2nd year of employment 81 3rd year of employment and thereafter 87 (2) (a) The rates of wages prescribed herein shall be varied to the extent of any addition to or subtraction from the basic wage fixed from time to time for males by the Western Aus- tralian Industrial Commission and which on the date of this Order is $48.50 per week. (b) No worker, who at the date of this Order was in receipt of a rate of wage higher than that prescribed herein for his or her classifi- cation or work shall have that rate reduced by the operation of this clause. (c) (i) When the term "year of employ- ment" is used in this clause it shall mean all service whether full time or part time in any of the classifi- cations contained in this award with any hostel covered by this award and shall be calculated in periods of calendar years from the date of commencement of work covered by this award. Provided that in determining the rate of wage of a Supervisor at 19 years of age and over service prior to at- taining the age of 19 years shall not be counted in determining the total service of a worker for the purpose of this clause. (ii) The service referred to in para- graph (i) hereof may be increased by any similar service with hostels not covered by this award, and in the event of a dispute between an employer and the Union over the inclusion of such services for the purpose of determining the year of employment the dispute may be referred to the Board of Reference for determination. 27th October, 1982.] YVHSTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2563 (iii) Workers shall, subject to Clause 24 of this award be paid the rates shown in this clause according to their year of employment calcu- lated in accordance with the pro- visions of this subclause. Proof of previous service if required by the employer, shall rest on the worker. Provided that production of the certificate or certificates referred to in paragraph (iv) hereof, shall be sufficient proof for the purpose of this paragraph. (iv) Each worker whose service termin- ates shall at the time of termin- ation be given a certificate signed by the employer, in which shall be stated the name of the worker, the period of service, whether the ser- vice was full time or part time and the classifications in this award in which work has been carried out. Provided that where a worker ter- minates without that worker having given the prescribed period of notice, the employer shall be under no obligation to provide the certificate at the time of termin- ation. The worker shall, however, be entitled to request and receive the certificate at any time after the termination. IRON AND STEEL INDUSTRY WORKERS (Australian Iron and Steel Pty Ltd). Award No. 1 of 1968. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 448 of 1982. Between Transport Workers' Union of Australia, In- dustrial Union of Workers, Western Australian Branch, Applicant, and Australian Iron and Steel Pty. Ltd., Respondent. Before Mr Commissioner G. J. Martin. The 20th day of August, 1982. Mr J. Gerritsen on behalf of the applicant. Mr L. R. McGuiness on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: This application seeks to vary paragraph (j) "Transport", of subclause (2) of Clause 29.—Wages, of the "Iron and Steel Industry Workers' (Australian Iron and Steel Pty. Ltd.)" Award No. 1 of 1968 as varied, consolidated and further varied, (50 W.A.I.G. p. 85, the consolidation appearing in 60 W.A.I.G. p. 99) by increasing the rates of wages payable to employees driving motor vehicles and operating mobile equipment such as fork lifts and tractors. The respondent opposes the application. It is common ground between the parties that the rates of wages for the employees concerned are de- rived from those prescribed in the "Transport Workers' (General)" Award No. 10 of 1961 as varied, consolidated and varied (43 W.A.I.G. p. 98, the con- solidation being contained in 60 W.A.I.G. p. 1089). On the 13th day of August, 1982 that award was varied by the consent of the parties thereto to pro- vide for increased rates of wages effective from the beginning of the first pay period commencing on or after the 1st day of August, 1982. The rates of wages in that award are also derived from another award, the "Transport Workers' (Mixed Industries)" Award, an award of the Aus- tralian Conciliation and Arbitration Commission. A recent variation to the rates of wages in that award was responsible for the variation to the Transport Workers' (General) Award No. 10 of 1961 on the 13th day of August, 1982. The applicant relies upon the well established nexus between the rates of wages in that latter award and the instant award in support of its application and referred to variations to this award in the past to underline that relationship. The respondent does not deny that relationship or the fact that this award has reflected the relationship on past occasions when the rates of wages in the "parent" award have been varied. It points out to the Commission however that due to the parlous state of the iron and steel industry in Australia, it considers it- to be inappropriate to now agree to increased rates of wages. I do not consider that I would be justified in refus- ing the application without more substantial reasons than those which have been advanced and accord- ingly the claim as it relates to rates of wages will be allowed. In drafting its new schedule of claims the applicant "updated" the additional allowance for casual em- ployees from fifteen per centum, to twenty per centum. The respondent did not have sufficient notice of that particular variation to state an attitude and as the effect of the variation would relate to all em- ployees bound by the "industry" award and not just those catered for by the applicant, I indicated during the proceedings that it should not be proceeded with in this application. The minutes of the proposed decision now issue and may be spoken to by the parties, if they wish, on a day and at a time mutually convenient to the Com- mission and the parties. Decision accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 448 of 1981. Between Transport Workers' Union of Australia, In- dustrial Union of Workers, Western Australian Branch, Applicant, and Australian Iron and Steel Pty. Ltd., Respondent. Order. HAVING heard Mr J. Gerritsen on behalf of the ap- plicant and Mr L. R. McGuiness on behalf of the re- spondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the "Iron and Steel Industry Workers' (Australian Iron and Steel Pty. Ltd)" Award No. 1 of 1968 as varied, consolidated and varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay- period commencing on or after the 1st day of August, 1982. Dated at Perth this 3rd day of September, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. 2564 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. Schedule. 1. Clause 29.—Wages: Delete paragraphs (g) and (j) of subclause (2) of this clause and insert in lieu: (g) Engine Driving— $ Billet Yard Crane Driver 218.00 Rolling Mill Crane Driver 222.40 Fence Post Crane Driver 212.20 Mobile Crane Driver 235.30 Front End Loader Driver— Up to 35 Brake Horse Power 233.10 35 to 70 Brake Horse Power 236.70 70 to 130 Brake Horse Power 229.30 Over 130 Brake Horse Power 242.60 (j) Transport— Driver of Motor Vehicles— Not exceeding 25 cwt. capacity... Exceeding 25 cwt. capacity but not exceeding 3 tons capacity.. Exceeding 3 tons but under 6 tons capacity 6 tons and over but under 7 tons 7 tons and over but under 8 tons 12 tons and over but under 13 tons Driver of Forklift with Lifting Ca- pacity of— Up to and including 10 000 lb Over 10 000 lb and up to 20 0001b Over 20 000 lb Driver of Tractor Without Power Driven Attachments Driver of Straddle Truck Where two or more mobile cranes or fork lifts are engaged on any one lift, the drivers thereof shall be paid an additional amount for the time so occupied at the rate of $2.20 per week. Driver of Mack Dump Truck (30 tons) 232.50 235.00 237.90 238.50 240.00 242.90 237.90 240.80 241.40 237.10 240.40 243.00 IRON AND STEEL INDUSTRY WORKERS (Australian Iron & Steel Pty. Ltd.). Award No. 1 of 1968. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 653 of 1982. Between Australian Iron & Steel Pty Ltd, Applicant and Australian Workers' Union, West Australian Branch, Industrial Union of Workers and Others, Respondents. Order. HAVING heard Mr R. G. Woodward on behalf of the applicant and Mr P. McBride on behalf of the Aus- tralian Workers' Union, West Australian Branch, In- dustrial Union of Workers, Mr C. E. Mumme on be- half of the Federated Engine Drivers' and Firemen's Union of Workers of Western Australia, Mr R. T. Bellamy on behalf of the Transport Workers Union of Australia, Industrial Union of Workers Western Australian Branch, Mr M. H. Beatty on behalf of the Electrical Trades Union of Workers of Australia, Western Australian Branch Perth, Mr K. J. Peckham on behalf of the Amalgamated Metal Workers and Shipwrights Union of Western Australia and Mr N. Xavier on behalf of the Australasian Society of En- gineers Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch, and by consent the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the Australian Iron & Steel Workers' In- dustry (A.I.S.) Award No. 1 of 1968 be varied in accordance with the following schedule and that such variation shall have effect as from the be- ginning of the first pay period commencing on or after the 21st day of July, 1982. Dated at Perth this 17th day of September, 1982. (Sgd.) G. A. JOHNSON, [L.S.I Commissioner. Schedule. Clause 29.—Wages: Delete this clause and insert in lieu:— 29.—Wages. The minimum rates of wages payable to workers bound by this award shall be: (1) Adult Wage Per Week $ (a) Raw Materials Handling Raw Materials control operator.. 234.90 Stacker/Reclaimer operator 220.20 Gantry attendant 212.20 Tippler operator 211.30 Blending Plant operator 211.30 Ore Screen house attendant 209.50 Coke Screen house attendant 209.50 Belt attendant 206.60 (b) Sinter Plant Sinter plant operator Sinter machine attendant.... Crushing station attendant. Feeder attendant Product sinter attendant (c) Blast Furnace Furnace Furnace Operator Founder First helper Furnace Plant Attendant.... Helper Cast House Labourer Breezeman 263.70 222.40 222.40 222.40 218.00 Pig Mill Pourer Pig Mill labourer. Stockyard Yard attendant.... Ladle skuller Clay and Trough Repair La- bourer Yard labourer (d) Merchant Mill Billet Yard Spark Inspector Shearsman Slingman Continuous Furnace Spellhand Pusher Out Furnace Charger Skidman 27th October, 1982.] WBSTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2565 Mill Operations Rolls attendant 234.90 Inspector—Recorder 230.00 Main Pulpit Operator 229.80 Rollhand 229.80 Weighman 227.40 Steel Checker 223.00 Tilting Table Operator 223.00 Tackleman 223.00 Product Shearsman 218.00 Mill and finishing end slings- man 209.50 Bundler 209.50 Cooling Bed operator 206.10 Product Shearsman's assistant... 206.10 Cradleman 206.10 Tongsman 206.10 Scrap Builder and Cutter 206.10 Angle Press Straightener 218.00 Feeder 206.10 Assistant to straightener 204.00 Fence Post Plant Plant Hand 206.10 (e) Power Station Turbine Driver ! Boiler operator ! Auxiliary plant attendant— Grade I Grade II Water treatment plant operator. (f) Miscellaneous Chaser Brush Hand Sample Station attendant Storeman Lubricating attendant Slingsman Sampler Tractor attendant Labourer on furnace repairs Scrap shearsman Patrolman Jetty labourer Product storage area labourer Gardener Changehouse attendant and lavatory attendant Labourer touching up brickwork and floors and foundations of engines and machinery and standards near the ground Labourers not elsewhere in- cluded (g) Engine Driving Billet yard crane driver Rolling mill crane driver Fence post crane driver Mobile crane driver Front end loader driver— up to 35 brake horse power.. 35 to 70 brake horse power .. 70 to 130 brake horse power Over 130 brake horse power 238.20 230.50 228.80 218.00 226.30 215.20 222.40 218.00 212.20 216.60 209.50 209.50 206.10 206.10 206.10 206.10 204.00 204.00 204.00 204.00 204.00 204.00 218.00 222.40 212.20 223.60 221.40 225.00 229.30 230.90 (h) Maintenance—General Carpenter 234.60 Plumber 234.60 Painter 234.60 Bricklayer 234.60 Signwriter 234.60 Beltman 227.20 (i) Maintenance—Metal Trades Scientific instrument maker 247.70 Fitter—mechanical 234.60 Fitter—refrigeration 2 Fitter—electrical 2 Electrician—special class 2 Mill-wright 2 Roll turner—finisher 2 Roll turner—copying lathe 2 Motor Mechanic 2 First class machinist 2 Second class machinist 2 Third class machinist 2 First class welder 2 Second class welder 2 Third class welder 1 Fourth class welder 1 Tradesman's assistant 1 Tackle area attendant 2 Rigger and splicer (certificated). 2 Rigger and splicer (permitted).... 1 Boilermaker 2 Boilermaker the greater part of whose time is occupied in marking off and/or making templates 2 Heattreater 2 Inspector 2 Blacksmith 2 Battery attendant 1 Blacksmith's striker 1 Limesman—Grade 1 2 —Grade II 2 Pipefitter 2 Vehicle service and lubrication... 2 Machine shop crane driver 2 (j) Transport Driver of Motor Vehicles— Not exceeding 25 cwt. capacity... 2 Exceeding 25 cwt. capacity but not exceeding 3 tons capacity.. 5 Exceeding 3 tons but under 6 tons capacity 2 6 tons and over but under 7 tons 2 7 tons and over but under 8 tons 2 12 tons and over but under 13 tons 2 Driver of Forklift with lifting ca- pacity of: (i) Up to and including 10 0001b 2 (ii) Over 10 000 lb. and up to 20 000 lb 2 (iii) Over 20 000 lb 2 Driver of tractor without power driven attach- ments 2 Driver of straddle truck 2 Where two or more mobile cranes or fork lifts are en- gaged on any one lift, the driver thereof shall be paid an additional amount for the time so occupied at the rate of $2.20 per week. Driver of Mack dump truck (30 ton) 2 (2) Leading Hands. (A Leading Hand placed in charge of): (i) Not less than three and not more than 10 other workers shall be paid $12.10 extra. (ii) More than 10 and not more than 20 other workers shall be paid $18.40 per week extra. (iii) More than 20 other workers shall be paid $23.80 per week extra. 2566 (3) Tool Allowance—(Per Week) (a) Building Trades: Carpenter and joiner 6.70 Plumber 6.70 Bricklayer 4.80 Painter and Signwriter 1.70 Note 1: The tool allowances herein prescribed each include an amount of five cents for the pur- pose of enabling the workers to insure their tools against loss or damage by theft or fire. Note 2: The abovenamed allowances shall not be paid where the employer supplies a worker with all necessary tools. (b) Metal trades: (aa) Where an employer does not pro- vide a tradesman with the tools ordinarily required by that tradesman in the performance of his work as a tradesman the em- ployer shall pay a tool allowance of $6.80 per week for the purpose of such tradesman supplying and maintaining tools ordinarily re- quired in the performance of his work as a tradesman. (bb) Any tool allowance paid pursu- ant to sub-paragraph (aa) of this paragraph shall be included in, and form part of, the ordinary weekly wage prescribed in this clause. (cc) An employee shall provide for the use of tradesmen all neces- sary power tools, special purpose tools and precision measuring instruments. (dd) A tradesman shall replace or pay for any tools supplied by his em- ployer if lost through his negli- gence. (4) Apprentices: (a) Wage per week (Expressed as a percentage of the tradesman's rate) Five Year Term Y First year 40 Second year 48 Third year 55 Fourth year 75 Fifth year 88 Four Year Term First year 42 Second year 55 Third year 75 Fourth year 88 Three and Half Year Term First six months 42 Next year 55 Next year 75 Final year 88 Three Year Term First year 55 Second year 75 Third year 88 For the purpose of this subclause, the "Tradesman's Rate" means the weekly wage for a Fitter—Mechanical as shown in this clause. (b) Tool Allowance—(Per Week). A tool al- lowance of one-third of the amount (if any) payable to a tradesman shall be paid to an apprentice to that trade in his first year of apprenticeship and of two-thirds of that amount in his second year and of the same amount (if any) as is payable to a tradesman in the re- maining period of his apprenticeship. (5) Junior Workers: The minimum rates of wages payable to Junior Workers shall be as fol- lows: (a) Driving Living Gear (Percentage of weekly wage for cooling bed operator per week) o ■ ■ 0 At 18 years of age and under... 83.8 At 19 years and under 20 years of age 90.2 (b) Other (Percentage of weekly wage for yard labourer excluding labourer on construction, per week) Under 17 years of age 39.8 At 17 and under 18 years of age 51.9 At 18 and under 19 years of age 65.9 At 19 and under 20 years of age 78.2 (6) Casual Loading. A worker whose services are terminated by the employer through no fault of the worker within one month of commencing employment shall be paid 15 per cent of the or- dinary rate in addition to the ordinary rate for his class of work. (7) Part-Time Workers. Notwithstanding any- thing else contained elsewhere in this award, part-time female workers may be employed at an hourly rate for a lesser period per week than the hours usually worked in the employer's estab- lishment. Payment of annual leave and sick leave for part-time female workers shall be related pro- portionately in accordance with the number of hours worked, to the conditions prescribed. IRON ORE PRODUCTION AND PROCESSING (Dampier Mining Co. Ltd.) Award No. 22 of 1981. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 652 of 1982. Between BHP Minerals Limited, Applicant and Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth and Others, Respondents. Order. HAVING heard Mr R. G. Woodward on behalf of the applicant and Mr T. Rynn on behalf of the Electrical Trades Union of Workers of Australia (Western Aus- tralian Branch), Perth, and by consent, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— That the Iron Ore Production and Processing (Dampier Mining Company Limited) Award No. 22 of 1981 be varied in accordance with the fol- lowing schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 1st day of July, 1982, with the exception of Schedule 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. "B"—Service Payments, which shall have effect from the beginning of the first pay period com- mencing on or after the 1st day of June, 1982. Dated at Perth this 20th day of September, 1982. (Sgd.) B. J. COLLIER, fL.S.] Commissioner. Schedule. 1. Clause 31.—Wages: Delete paragraphs (a) to (h) inclusive of subclause (1) of this clause and insert in lieu:— The following shall be the minimum wages payable to workers bound by this award. 1. Adult Wage Per Week (a) Quarrying, Crushing, Storage and Loading Drill bit sharpener Tractor, Front-end Loader, Grader, Scraper and Dozer Operator/Driver Up to 15 b.h.p More than 15 and up to 50 b.h.p More than 50 and up to 100 b.h.p More than 100 and up to 250 b.h.p More than 250 and up to 500 b.h.p More than 500 b.h.p Mine grader operator Heavy Duty Ore and Mullock Truck 50 tonnes capacity More than 50 tonnes capacity Laboratory Assistant Laboratory sampler pre- parer Laboratory sampler Machine Drillman Grade 1 Grade 2 Grade 3 Ore Handling Equipment Operator Grade 1 Grade 2 Grade 3 Powder Monkey Quarry Labourer Shovel Driver 4i/2 cubic yards, and not more than 7 cubic yards... Over 7 cubic yards Shovel greaser 257.20 264.20 265.80 276.40 279.80 294.20 300.30 294.20 278.20 288.30 276.40 261.60 253.70 294.20 274.50 265.80 276.40 260.50 253.70 273.10 253.70 294.20 305.40 257.20 (b) Township and Plant Ser- vice Gardener (appointed as such) 260.50 Janitor 253.70 Swimming Pool attendant... 264.20 First Aid attendant 274.50 Fitter, Fitter and Turner 308.10 Fitter—refrigeration 308.10 Instrument maker and or repairer 322.70 Machinist first class (engin- eering) 308.10 Motor Mechanic 308.10 Painter 308.10 Plumber 308.10 Rigger (certificated) 295.50 Rigger (Permitted) 286.20 Tradesman—boilermaking.. 308.10 Tradesman—steel con- struction 308.10 Electrician's, Tradesman or Linesman's Assist 253.70 Welder first class 308.10 Sheet Metal Worker 308.10 Panel Beater 308.10 Lube bay service man 257.20 Vehicle Tyre Fitter 257.20 Belt repairer—appointed as such 294.20 Heavy equipment tyre fitter 272.90 (d) Mechanical Handling Equipment Forklift Driver (Lifting Capacity) Not more than 10 000 lb 265.80 More than 10 000 lb 273.10 Crane Drivers Restricted Ticket 272.70 Unrestricted Ticket 305.40 Motor Vehicle Drivers (Capacity) Up to 2 tonnes 264.20 More than 2 tonnes and up to 5 tonnes capacity 268.70 More than 5 tonnes and up to 10 tonnes capacity 274.50 More than 10 tonnes 278.20 Up to 20 seater bus 264.20 More than 20 seater bus 278.20 Articulated Truck Driver 10 tonnes capacity or less 286.70 More than 10 tonnes capacity 290.00 Water Truck Driver 10 tonnes capacity or less 286.70 More than 10 tonnes capacity 290.00 Garbage collectors drivers ... 278.20 Double articulated truck driver 293.30 Machinery Float Driver 298.70 (e) Engine Driver Driver of suction gear or other internal combus- tion engines—250 b.h.p. or over (including allow- ances 305.40 Power house greaser 257.20 (f) Miscellaneous Labourer not elsewhere in- cluded 247.10 Storeman, Grade I 276.00 Storeman, Grade II 269.40 Storeman, Grade III 259.00 Workers loading and/or un- loading vessels including into wharf sheds—not in- cluding iron ore 252.50 (c) Maintenance Automotive electrical fitter. 308.10 Brush hand 253.70 Carpenter and joiner 308.10 21681 — 14 2568 WESTLiRN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. $ Electrical fitter 308.10 Electrical installer 308.10 Electrician — special class... 331.10 Electrician — tradesman electronics 324.30 (g) Leading Hand (In addition to the appro- priate margin prescribed in this clause a leading hand shall be paid:) (a) If placed in charge of not less than two and not more than five other workers; or if otherwise appointed as such 9.60 (b) If placed in charge of six and not more than 10 other workers, or if otherwise appointed as such 13.50 (c) If placed in charge of 11 and not more than 20 other workers, or if otherwise appointed as such 19.50 (d) If placed in charge of more than 20 other workers, or if other wise appointed as _ such 24.20 Acting Foreman—A worker appointed acting fore- man, shall be paid in ad- dition to the appropriate margin for his classifi- cation prescribed in this Clause 28.00 (h) A mobile plant oper- ator/driver who is ap- pointed to train heavy mo- bile equipment oper- ator/drivers (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 $7.50 per week in addition to the appropriate margin for his classifications. 2. Schedule "B"—Service Payments: Delete (1) of this schedule and insert in lieu:— (1) Subject to the provisions herein contained each adult worker shall, in addition to payments otherwise due to him under this Award, be paid service pay as follows:— Per week $ After 3 months continuous service 20.00 After 6 months continuous service 28.00 After 12 months continuous service... 33.00 After 18 months continuous service... 38.00 After 2 years continous service 43.00 After 3 years continous service 48.00 After 4 years continous service 53.00 After 5 years continous service 58.00 After 6 years continous service 63.00 After 7 years continous service 68.00 MEAT INDUSTRY (Sausage Casing Manufacturing). Award No. 32 of 1979. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 691 of 1982. Between Australian Meat Industry Employees' Union, Industrial Union of Workers, Western Australian Branch, Applicant, and Australian Casing Company (1979) Pty. Ltd., Respondent. Order. HAVING heard Mr A. J. Payne on behalf of the ap- plicant and Mr K. J. Farrell on behalf of the respon- dent, and by consent the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979 hereby orders— That the Meat Industry (Sausage Casing Manufacturing) Award No. 32 of 1979 be varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 16th day of September 1982. Dated at Perth this 20th day of September, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement: After Clause 30.—Long Service Leave, add the number and words "31" "Maternity Leave" 2. Clause 31. Add the following clause— 31.—Maternity Leave. (1) Eligibility for Maternity Leave. An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous ser- vice with that employer immediately preceding the date upon which she proceeds upon such leave. For the purposes of this clause:— (a) An employee shall include a part-time employee but shall not include an em- ployee engaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid ma- ternity leave. (2) Period of leave and commencement of leave:— (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an unbroken period of from 12 to 52 weeks and shall include a period of six weeks' compulsory leave to be taken im- mediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immedi- ately following confinement. (b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) An employee shall give not less than four weeks' notice in writing to her em- ployer of the date upon which she pro- poses to commence maternity leave, stating the period of leave to be taken. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2569 (d) An employee shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the con- finement occurring earlier than the pre- sumed date. (3) (a) Transfer to a safe job. Where in the op- inion of a duly qualified medical practitioner, ill- ness or risks arising out of the pregnancy or haz- ards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the com- mencement of maternity leave. (b) If the transfer to a safe job is not practi- cable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a duly quali- fied medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of period of maternity leave:— (a) Provided the addition does not extend the maternity leave beyong 52 weeks, the period may be lengthened once only, save' with the agreement of the employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the con- sent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of maternity leave:— (a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of a worker terminates other than by the birth of a living child. (b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the employee to the em- ployer that she desires to resume work. (6) Special maternity leave and sick leave:— (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certified as necess- ary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special ma- ternity leave, to such paid sick leave as to which she is then en- titled and which a duly qualified medical practitioner certifies as necessary before her return to work. (b) Where an employee not then on ma- ternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then en- titled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall in- clude special maternity leave. (d) An employee returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursu- ant to subclause (3) to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position. (7) Maternity leave and other leave en- titlements. Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks: (a) An employee may, in lieu of or in con- junction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then en- titled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her ab- sence on maternity leave. (8) Effect of maternity leave on employment. Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an em- ployee but shall not be taken into account in cal- culating the period of service for any purpose of the award. (9) Termination of employment:— (a) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the employment of an employee on the ground of her pregnancy or of her ab- sence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected. (10) Return to work after maternity leave:— (a) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the ex- piration of her period of maternity leave. (b) An employee, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before pro- ceeding on maternity leave or, in the 2,570 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. case of an employee who was 2. That Clause 3 of the Application (Public transferred to a safe job pursuant to Holidays) stand adjourned sine die. subclause (3), to the position which she Dated at Perth this 16th day of September, 1982. held immediately before such transfer. Where such position no longer exists [L.S.] (Sgd.) G. L. FIELDING, but there are other positions available Commissioner, for which the employee is qualified and the duties of which she is capable of perrormmg, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position. (11) Replacement Employees:— (a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave. (b) Before an employer engages a replace- ment employee under this subclause, the employer shall inform that person of the temporary nature of the employ- ment and of the rights of the employee who is being replaced. (c) Before an employer engages a person to replace an employee temporarily pro- moted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being re- placed. (d) Provided that nothing in this subclause shall be construed as requiring an em- ployer to engage a replacement em- ployee. (e) A replacement employee shall not be entitled to any of the rights conferred by this clause except where her employ- ment continues beyond the 12 months qualifying period. MENTAL HEALTH NURSES. Award No. 13 of 1947. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 473 of 1981. Between West Australian Psychiatric Nurses Associ- ation (Union of Workers) Applicant, and Hon. Minister for Health, Respondent. Order. HAVING heard Mr R. G. Pike on behalf of the Ap- plicant and Mr A. R. Basell on behalf of the Respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act 1979, hereby orders— 1. By consent, that the Mental Health Nurses' Consolidated Award 1981 No. 13 of 1947 be amended in accordance with the following schedule, with effect from the beginning of the first pay period commencing on or after the date hereof, save that the amendments with respect to Clause 7.—Overtime, shall have effect on and from 10th September, 1982. Schedule. 1. Clause 2.—Arrangement: Delete this clause and insert in lieu the following:— 2.—Arrangement. 1. Title. 2. Arrangement. 3. Term. 4. Area and Scope. 5. Defintions. 6. Hours. 7. Overtime. 8. Annual Leave. 9. Public Holidays. 10. General Conditions. 11. Contract of Service. 12. Sick Leave. 13. Travelling Time. 14. Travelling Allowance. 15. Night Duty. 16. Post Mortem Attendance. 17. Charges Against Employees. 18. Uniforms. 19. Emergencies. 20. Higher Duties. 21. Old and Infirm Employees. 22. Rates of Pay and Allowances. 23. Penalty Rates. 24. Long Service Leave. 25. Union Secretary. 26. Part-time Employees. 27. Maternity Leave. 2. Clause 7.—Overtime: Delete this clause and in- sert in lieu the following:— 7.—Overtime. (1) All time worked by an employee on any day in excess of his ordinary hours as rostered for that day shall be deemed to be overtime and be paid for in the following manner:— (a) Monday to Saturday inclusive: time and one half for the first two hours and double time thereafter; (b) Sundays: double time; (c) Public Holidays: double time and a half of ordinary rates, exclusive of loadings. (2) For the purposes of this clause, each day shall stand alone. (3) Weekend penalty rates shall not be deemed to be part of the ordinary rate for the calculation of overtime. (4) (a) The employer may require any em- ployee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement. (b) The union or employee or employees covered by this award shall not in any way whether directly or indirectly be party to or con- cerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause. (5) Where an employee is required to work overtime for a period of at least two hours in ex- cess of the rostered daily hours, without being informed before booking off on the previous day, he shall be provided with a meal free of cost. 27th October, 1982.] WHSTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2571 (6) An employee who has completed his ros- tered hours of duty and has left the job, and who is recalled to work, shall be paid a minimum of two hours at overtime rates. (7) An employee who reports for duty at the rostered time and who is then advised that the commencing time for such duty has been altered since he was last on duty shall be paid a mini- mum of two hours at ordinary rates, but this shall not apply to an employee who has been ab- sent from duty on his last previous rostered shift. 3. Clause 20.—Higher Duties: Delete this clause and insert in lieu the following:— 20.—Higher Duties. (1) An employee called upon to perform work carrying a higher minimum rate than his regular rate of pay for a period of more than four hours in the shift shall be paid the higher minimum for the time engaged on such work. (2) (a) Where an employee employed under this award is called upon to relieve a Deputy Superintendent of Nursing employed under the Public Service Salaried Agreement for a period of not less than five days such employee shall re- ceive the rate of pay applicable to the office in which he or she relieves. (b) Where the period of such relieving is of less than five days duration, the employee shall re- tain the conditions of this award and shall, in ad- dition, receive any higher duties allowance appli- cable; provided that Whitby Falls is excluded from the terms of this subclause. 4. Clause 24.—Board of Reference: Delete this clause and insert in lieu the following:— 24.—Long Service Leave. (a) The conditions contained in the document Long Service Leave Conditions—State Government Wages Employees as consoli- dated by the Public Service Board in May, 1974 and amended in September, 1979 shall apply to the employees covered by this award with the exception that on and from the 1st day of January 1982 long service leave for the second and subsequent periods of service shall accrue at the rate of 13 weeks leave for seven years of continuous service. (b) Any qualifying service, prior to 1st January, 1982 for the second period of long service leave shall be calculated on a 10 year quali- fying period basis but all qualifying service after 1st January, 1982 shall be calculated on a seven year qualifying period basis. 5. Add new Clause 27.—Maternity Leave as fol- lows:— 27.—Maternity Leave. (1) Eligibility for Maternity Leave. An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continous ser- vice with the employer immediately preceding the date upon which she proceeds upon such leave. For the purposes of this clause: (a) An employee shall include a part-time employee but shall not include an em- ployee engaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid ma- ternity leave. (2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an unbroken period of from 12 to 52 weeks and shall include a period of six weeks' compulsory leave to be taken im- mediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immedi- ately following confinement. (b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) An employee shall give not less than four weeks' notice in writing to her em- ployer of the date upon which she pro- poses to commence maternity leave, stating the period of leave to be taken. (d) An employee shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the con- finement occurring earlier than the pre- sumed date. (3) Transfer to a Safe Job. Where in the opinion of a duly qualified medi- cal practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of Period of Maternity Leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the con- sent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity Leave. (a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee termin- ates other than by the birth of a living child. (b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the employee to the em- ployer that she desires to resume work. 2572 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special ma- ternity leave, to such paid sick leave as to which she is then en- titled and which a duly qualified medical practitioner certifies as necessary before her return to work. (b) Where an employee not then on ma- ternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then en- titled and such further unpaid sick leave (to be known as special maternity leave) as a duly qualified medical prac- titioner certifies as necessary before her return to work, provided that the aggre- gate of paid sick leave, special ma- ternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall in- clude special maternity leave. (d) An employee returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursu- ant to subclause (3), to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position. (7) Maternity Leave and Other Leave En- titlements. Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks: (a) An employee may, in lieu of or in con- junction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then en- titled. (b) Paid sick 'leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her ab- sence on maternity leave. (9) Termination of Employment. (a) An employee on maternity leave may terminate her employment at any time during the period of the leave by notice given in accordance with this award. (b) An employer shall not terminate the employment of an employee on the grounds of her pregnancy or of her ab- sence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected. (10) Return to Work after Maternity Leave. (a) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the ex- piration of her period of maternity leave. (b) An employee upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such pos- ition no longer exists but there are other positions available for which the em- ployee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position. (11) Replacement Employees. (a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave. (b) Before an employer engages a replace- ment employee under this subclause, the employer shall inform that person of the temporary nature of the employ- ment and of the rights of the employee who is being replaced. (c) Before an employer engages a person to replace an employee temporarily pro- moted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being re- placed. (d) Provided that nothing in this subclause shall be construed as requiring an em- ployer to engage a replacement em- ployee. (e) A replacement employee shall not be entitled to any of the rights conferred by this clause except where her employ- ment continues beyond the 12 months qualifying period. (8) Effect of Maternity Leave on Employment. Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an em- ployee but shall be taken into account in calcu- lating the period of service for any purpose of the award. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2573 MENTAL HEALTH NURSES. Award No. 13 of 1947. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 473 of 1981. Between West Australian Psychiatric Nurses Associ- ation (Union of Workers), Applicant, and Hon. Minister for Health, Respondent. Before Mr Commissioner G. L. Fielding. The 24th day of September, 1982. Mr R. G. Pike on behalf of the Applicant. Mr A. R. Basell on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: Nurses employed under the terms and conditions of the Mental Health Nurses' Consolidated Award 1981 are entitled thereby to six weeks' annual leave. They are also en- titled to leave on the five public holidays therein stipulated. The Applicant Association now seeks to amend the Award to provide that its members be paid a loading of 50 per cent of their ordinary wage for time worked in ordinary hours on the five other public holidays which are normally observed as part of the working calendar of this State. The Applicant's case is that most employees in this State enjoy 10 public holidays, and that those who are required to work on such holidays as part of their normal hours of work generally receive some form of penalty therefor. In particular, nurses whose employ- ment is governed by the provisions of the Nurses (Public Hospitals) Award are, and have been since 1979, entitled to a loading of 50 per cent on the ordi- nary wage for time worked on any of the generally ac- cepted ten public holidays in this State. The appli- cant seeks to apply that formula to the five public holidays not stipulated in this Award as those on which its members are entitled to paid leave. The respondent's answer is to suggest that the pre- cise conditions which prevail under the Nurses (Public Hospitals) Award should apply under this Award, because of the long-established nexus of wages and conditions between the two Awards. Nurses employed under the Nurses (Public Hospi- tals) Award are entitled to seven weeks' annual leave. They have no entitlement to leave on public holidays as such but it is accepted that their annual leave formula includes two weeks as and for the 10 public holidays enjoyed by most others in this State. Their only direct entitlement in respect of those public hol- idays is the loading of 50 per cent to which reference has been made. The respondent claims that the annual leave entitlement for nurses employed under the instant Award was set on the basis that, of the six weeks' leave, one week is compensation for the five public holidays not mentioned in the Award as entitling the Applicant's members to leave therefore. The respondent argues that if this claim is acceded to, the Applicant's members "would have the added advantage over employees subject to the Nurses (Public Hospitals) Award that their total leave period of seven weeks a year could be taken in two parts.". By that, it is meant that nurses whose em- ployment is governed by the instant Award would take their six weeks' annual leave at one time, and their leave which accrues for their public holiday en- titlement now specified in the Award, at another time or times. The Respondent is prepared to concede the same benefits as are enjoyed by nurses bound by the Nurses (Public Hospitals) Award since, he says, it would maintain more directly the nexus which pres- ently exists between the two Awards. Further, the Respondent submits that a single leave period of seven weeks per year "would be more administrat- ively acceptable than the six week-one week broken period.". It is said that the present arrangement causes the Respondent's administrators' incon- venience in rostering staff to meet their require- ments. The Applicant disputes the existence of any ad- ministrative problems and wants to retain its mem- bers' right to take leave on the five stipulated public holidays, or time off in lieu thereof. Indeed, so strongly does the Applicant feel about the matter that it would prefer to retain the status quo, rather than be bound by the same arrangement which ob- tains under the Nurses (Public Hospitals) Award. What has to be recognised, and in my view it is im- portant, is that the Applicant's claim is not for any additional leave or time off, but for an additional payment by way of a loading on five extra days of the year. The Respondent's answer or counter-proposal involves an adjustment to the period of annual leave, and while by reason of section 26 (2) of the Industrial Arbitration Act such a solution is open as a result of these proceedings, it is a significant change to the Award. The Respondent must in some way show that such a change is to be preferred to that preferred by the Applicant once the Applicant has justified the need for a change in the Award. There was simply no evidence adduced in support of the Respondent's claim that the present arrangement with respect to leave is administratively difficult, let alone such as to warrant the change proposed by him. The difficult- ies, if any, do not seem to have been so pressing as to prompt the Respondent into taking action himself to align these conditions with those prescribed under the Nurses (Public Hospitals) Award. Rather his pro- posal for a change comes only as an answer to these proceedings. One could be forgiven in all the circum- stances for being somewhat sceptical of the extent of the difficulties to which the Respondent refers. Of more force is the Respondent's argument that, if the Applicant wants to rely on the nexus with the Nurses (Public Hospitals) Award to justify the amendment it seeks, as to a large degree it does, then it should not rely only on any part of the Award but on its whole so far as it touches upon the matter in issue. The Applicant ought not be able to take what the Respondent contends is part of the total holiday package from that Award and attach that part which it finds beneficial, to what the Respondent sees as a different holiday package. I accept as valid the prop- osition that when fixing conditions of employment, the principles of comparative wage justice dictate that where one can make a proper industry compari- son, it is generally wrong to take some conditions from that industry, and combine them with better conditions from another and unrelated industry. That is the import of the remarks made in the Nurses (Psychiatric) Award case (1966) 46 W.A.I.G. 1131, 1135, to which the Respondent's advocate referred. It is however a gross oversimplification to say that the basis of this claim offends against that principle. What the Commission is being asked to do on this oc- casion is to fix the remuneration for ordinary work on public holidays by a comparison with an Award with which there is already a nexus. If, as is the case for most people engaged in the hospital industry in this State, a penalty is to be paid for working on the rec- ognised public holidays as part of ordinary time, I cannot think of a better comparison to be used as a guide in determining that penalty than to look at the Nurses (Public Hospitals) Award. There is a substan- tial formal nexus between that Award and the Men- tal Health Nurses' Consolidated Award 1981, and I should have thought it beyond question that the type of work involved under both Awards is very similar. Obviously, in making the comparison, the total re- muneration paid for work on public holidays will have to be considered, which in this case- involves taking into account the annual leave formula. It does not however follow that the exact provisions which 2574 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. L27th October, 1982. obtain under the Nurses (Public Hospitals) Award should be adopted for the purposes of the Mental Health Nurses' Consolidated Award 1981. Nurses whose employment is governed by the pro- visions of the Nurses (Public Hospitals) Award in ef- fect are entitled to remuneration equivalent to double time and a half for ordinary work performed on the recognised public holidays, taking into ac- count the annual leave formula. When the annual leave formula is taken into account for the nurses bound by the provisions of the Award now under re- view, the effective remuneration for ordinary work performed on the recognized public holidays not stipulated in the Award is double time, and it is double time and one half for those recognised public holidays stipulated in the Award to be taken as such. It is difficult to see why there should now be such a difference. The present pay scales prescribed under the Award are taken from the Nurses (Public Hospi- tals) Award, where the effective level of remuner- ation for ordinary work on all such holidays is double time and one half. However it is looked at, the prin- ciples of comparative wage justice suggest that those employees covered by the Mental Health Nurses' Consolidated Award 1981 ought be remunerated at the level of double time and one half for oridinary work performed on all public holidays. Indeed the Respondent's answer or counter-proposal acknowl- edges such an entitlement. The only work performed in ordinary time on pub- lic holidays by those working under the Mental Health Nurses' Consolidated Award 1981 and not paid at the level of double time and one half is that performed on the accepted public holidays not stipu- lated in the Award. These are the public holidays which form part of the annual leave prescribed under the Award. The application does no more than seek to treat those public holidays in the same way as they are treated under the Nurses (Public Hospitals) Award. The only difference is that there are five such days under the Mental Health Nurses' Consolidated Award 1981 and 10 under the Nurses (Public Hospi- tals) Award. The status under both Awards of the public holidays forming part of the annual leave is the same whether there be five or 10 such days. It is not obvious to me why as a matter of principle the loading should only be payable where all the public holidays form part of the annual leave rather than in respect of only so many holidays as form part thereof. Furthermore, it could be said that the 50 per cent loading payable to nurses under the Nurses (Public Hospitals) Award for ordinary work on public hol- idays is independent of the annual leave formula. The formula was inserted into the Award almost five years before provision was made for payment of the loading for work on public holidays. Liability to pay the loading does not arise under the annual leave provision in the Award, but rather is part of a separ- ate and distinct provision relating to public holidays, (c.f. cl. 11 A). It seems to me to be taking comparisons too far, particularly on the material available, to suggest that the loading should be paid in respect of 10 days not five, and that the annual leave should be extended by a week and incorporate the five public holidays on which the Applicant's members are now entitled to a holiday. The real issue in these proceed- ings is the remuneration for work on public holidays. That can be solved in the present circumstances by adopting, so far as is relevant, the formula contained in the Nurses (Public Hospitals) Award with respect to the public holiday loading without unduly de- parting from any nexus and without disrupting other conditions of employment which have existed under the Mental Health Nurses' Consolidated Award 1981 for some. Such a solution overcomes an anomaly which appears to be recognised by both parties whilst recognising the difference in leave arrangements as distinct from the remuneration for work on public holidays which has existed between the two Awards for some time. On the other hand the Respondent's proposal involves a greater upheaval of the existing conditions of employment than has been justified. The Respondent's claim that nurses whose em- ployment is governed by the provisions of the Award now under review have an added advantage over those whose employment is bound by the provisions of the Nurses (Public Hospitals) Award, depends very much on how one looks at it. Some might see it as an advantage to take leave in broken periods. The Applicant obviously does. Others might see that as a disadvantage, since they might prefer a longer single period away from the workplace. Further, just as those whose employment is governed by the instant Award have an entitlement to take their annual leave as such in two periods under certain circumstances, so do those whose employment is bound by the pro- visions of the Nurses (Public Hospitals) Award, so that the single period of leave of which the Respon- dent speaks might not be as inevitable as was in- ferred. The claim should in all the circumstances be al- lowed. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 473 of 1981. Between West Australian Psychiatric Nurses Associ- ation (Union of Workers), Applicant, and Hon Minister for Health, Respondent. Order. HAVING heard Mr R. G. Pike on behalf of the Ap- plicant and Mr A. R. Basell on behalf of the Respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979, hereby orders— That the Mental Health Nurses' Consolidated Award 1981 No. 13 of 1947 be amended in ac- cordance with the following schedule. Dated at Perth this 24th day of September, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. Clause 9.—Public Holdays: 1. Delete subclause (5) of this clause and insert in lieu the following:— (5) An employee who works on the following days: Australia Day, Easter Monday, Anzac Day, Foundation Day and Sovereign's Birthday, shall be paid a loading of 50 per cent of the ordinary wage for the time worked in ordinary hours on that day. (6) The additional payments prescribed in subclauses (3), (4) and (5) of this clause shall be in substitution for any additional payment for work done on any afternoon and/or night shift. 2. Renumber the existing subclause (6) as (7). 27th Octobex-, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. MUSEUM ATTENDANTS. Award No. 34 of 1980. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 679 of 1982. Between Cleaning, Security and Allied Employees Union, Applicant and Trustees of the Western Australian Museum, Respondent. Order. HAVING heard Miss J. P. O'Keefe on behalf of the Applicant and Mr G. E. Bull on behalf of the Respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby orders— That the Museum Attendants Award No. 34 of 1980 be amended in accordance with the follow- ing schedule. Dated at Perth this 13th day of September, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. Clause 15.—Public Holidays: Delete subclause (2) of this clause and insert in lieu thereof the follow- (2) (a) Whenever any of the days referred to in subclause (1) (a) of this clause falls on an em- ployee's ordinary working day and the employee is not required to work on such day, he shall be paid for the ordinary hours he would have worked on such day had it not been a holiday. (b) A shift employee or a rostered employee who is regularly rostered to work Sundays and Public Holidays and who is not required to work on a holiday which falls on his rostered day off, shall be allowed a day's leave with pay to be added to his annual leave or taken at some other time if the employer so agrees. OUTSTATION PILOT CREWS- HARBOUR AND LIGHT DEPARTMENT. Award No. 4 of 1981. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 573 of 1982. Between Merchant Service Guild of Australia, West- ern Australian Section, Union of Workers, Appli- cant, and Hon. Minister for Transport Con- trolling the Department of Marine and Har- bours, Respondent. Order. HAVING heard Ms M. H. Kuhne on behalf of the applicant and Mr D. J. Cloghan on behalf of the respondent, and by consent, the Commission, pursu- ant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— That the Outstation Pilot Crews—Harbour and Light Department Award No. A4 of 1981 be varied in accordance with the following schedule and that such variation shall have effect from beginning of the first pay period commencing on or after the 1st day of April, 1982. Dated at Perth this 10th day of September, 1982. (Sgd.) B. J. COLLIER, IL.S.I Commissioner. Schedule. Clause 5.—Rates of Pay: Delete this clause and in- sert in lieu:— 5.—Rates of Pay. The following shall be the minimum rates of pay payable to employees covered by this award. Per week $ Launch Master 319.97 Deckhand 268.80 PRINTING (Government Printing Office). Award No. 31 of 1975. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 809 of 1981. Between Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers, Applicant, and The Government Printer, Respondent. Before Mr Commissioner G. J. Martin. The 6th day of September, 1982. Mr J. H. W. Williams on behalf of the Applicant. Mr P. J. Kelly on behalf of the Respondent. Reasons for further interim decision. THE COMMISSIONER: The background to this matter is recited in my reasons for interim decision of the 2nd day of July, 1982 (62 W.A.I.G. p. 1740). In those reasons I concluded, as follows:— Looking at the material presented to me, I arrive at the following conclusions: 1. The rates of wages in the award under review have, as a matter of history, reflected variations which have oc- curred from time to time in the "Graphic Arts" Award, 1977 subject to the manner in which those variations have been translated by the Govern- ment Printing Offices in other States of Australia. (I had occasion to examine that background in matter No. 242 of 1982 on the 18th day of June, 1982 (not yet reported).); 2. The variations in the rates of wages, payable under the "Graphic Arts" Award on the 27th day of May, 1982 apply to the non-consenting parties to that award from the first complete pay period in June, 1982 and the amount of that increase is $39.00 per week. The respondent is not a party to that award at all and the date upon which any translation or flow from that award is effective and in what quantity is a matter for agreement between the par- ties or a decision by this Commission. In the absence of the former any de- cision by the latter would be by reference to the Australian Com- mission's decision and more import- antly, by reference to what happens in the Government Printing Offices in the other States of Australia; 2576 WESTERN AUSTRALIAN IN D U ST RIAL G A Z ETT E. [27th October, 1982. 3. That latter situation, on a majority count at least, is as yet undetermined and the respondent's motion for an ad- journment of these proceedings in the sense of needing to know the final out- come of the situation in the States of Victoria and Queensland before I make a final determination is not inappropriate but being proposed as a reason for not proceeding at all ignored the very basis on which these proceed- ings commenced, 4. There is a strong prima facie case to support the proposition that employees subject to this award should be awarded an increase in rates of wages of at least $25.00 per week and that such an in- crease should operate from a date prior to the date of this preliminary decision; 5. Accordingly, I propose issuing proposed minutes of an interim decision which will increase the rates of wages in this award for the classification "Printing Machinist" by $25.00 per week with proportionate variations to all other adult classifications (consequentially for junior employees and apprentices) in accordance with the existing relativities as I understand to be calcu- lated by the parties; 6. These increases, as an interim measure only in fairness to the employees con- cerned and who appear to be the ulti penultimate cab off the rank and with- out any possible prejudice to the re- spondent and in a situation which is not incapable of prediction, will operate from the beginning of the first period commencing on or after the 1st day of June, 1982; 7. Finalisation of the amounts of the total increase as a result of the "Graphic Arts" Award variation of the 27th day of May 1982 and the final operative dates of this increase and any other in- creases will occur when the situation in the Victorian and Queensland Govern- ment Printing Offices are known. That can either be by the agreement of the parties or, in the event of no such agreement, by decision of this Commission after further argu- ment from the parties. The hearing of the matter is therefore adjourned to a date to be fixed. The minutes of the proposed preliminary interim de- cision now issue and may be spoken to by the parties at 10.15 a.m. on Monday the 4th day of July, 1982. (62 W.A.I.G. p. 1740 at pp. 1741 and 1742.) The interim order is recorded at 62 W.A.I.G. p. 1742. On the 2nd day of September, 1982 I was in- formed by the applicant that the situations in Vic- toria and Queensland had been clarified and I heard the parties again on the matter today and reserved decision. The applicant told me that an increase of $25.00 per week, effective from the 1st day of February, 1982 had been agreed upon in Victoria with a further 4.9 per cent increase effective from the pay period commencing on or after the 28th day of August, 1982. That was confirmed, in part, by the re- spondent when it entered a document from the Pub- lic Service Board of Victoria. That document recites the 4.9 per cent increase as being effective on and from the 5th day of September 1982. In Queensland, I was told, the Industrial and Con- ciliation and Arbitration Commission, by decision dated 25th August, 1982 (and a copy of which was en- tered by the respondent), awarded an increase of $18.70 per week ($25.00 less its basic wage increase of $6.30 per week) to the Letter Press Machinist with proportional increases to all other classifications from the agreed date of the 1st February, 1982. The question of the second increment of $14.00 per week did not arise in those proceedings and will be, I was told, a matter for the future and in which the Queensland Commission's most recent $9.00 per week basic wage increase will be considered. The applicant confirmed its request that I now finalise the matter before me by awarding an increase of $25.00 per week from the 1st day of February 1982 and an increase of $14.00 per week from the 1st day of June, 1982 as it contends that such has been the case in the majority of Government Printing Offices in the other States. The respondent submitted that I should not do so for the following reasons:— (a) There was not uniformity in the other States, either as to the quantum of increase or the dates of operation; (b) It wanted the opportunity to finalise its atti- tude upon a reasonable and fair offer ac- cording to total rates payable in the other States and in private industry in Western Australia; (c) There are no "special circumstances" justifying a grant of retrospectivity. It produced a table of current total rates of wages payable to the key classification, the Printing Machinist, in all of the States and suggested that the fair and reasonable total wage was to be ascertained by averaging those for Queensland and South Aus- tralia and which would produce a total wage of $287.20 per week compared with the existing rate of $289.20 in this State. The claim, if granted, would re- sult in a new total weekly wage of $303.20 for the Printing Machinist compared with $328.00 in New South Wales, $303.40 in Victoria, $295.80 (or $300.80) if the $14.00 is discounted by $9.00 basic wage increase) in Queensland and $291.40 in South Australia. I consider it to be fair and equitable, against the background of the history of wage fixation for this award to accord the employees bound by this award treatment similar to that accorded their counterparts in most of the other States as a result of the variation in wage rates effected under the Graphic Arts Award. Therefore the minutes of the proposed further interim decision will provide that (a) the rates of wages contained in the interim order of the 6th day of July, 1982 will operate for the purposes of ordinary hours only as from the beginning of the first pay period commencing on or after the 1st day of February, 1982 and (b) that the rate of wage for the classification Printing Machinist be increased by $14.00 per week with proportionate increases for all other adult classifications (and consequentially for junior employees and apprentices) for the purposes of ordinary hours of work only as from the beginning of the first pay period commencing on or after the 1st day of June, 1982 and for all purposes of the award as from the beginning date of issue of that interim order. The parties are to collectively structure the rates of wages for the second increase so referred to in ac- cordance with the existing relativities and the min- utes of that proposed interim decision may be spoken to by the parties, if they so wish, at a time to be ar- ranged before 3.00 p.m. on Tuesday, 7th September, 1982. Decision accordingly. 27th October, 1982.1 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 809 of 1981. Between Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers, Applicant, and The Government Printer, Respondent. Interim Order. HAVING heard Mr J. H. W. Williams on behalf of the applicant and Mr P. J. Kelly on behalf of the re- spondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the "Printing (Government Printing Office)" Award No. 31 of 1975 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the dates specified therein. Dated at Perth this 7th day of September, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. Schedule. 1. Clause 10.—Rates of Wages: Delete subclause (1) of this clause and insert in lieu:— (1) The minimum rates of wages payable to workers covered by this Award shall be as fol- lows:— Column Column Column "A" "B" "C" (a) Machine Com- positor 257.90 272.60 (b) Printing Mach- inist (four colour) 257.90 272.60 (c) Railway Ticket Printer (present occupant only) 255.80 270.30 (d) Artist 251.90 266.20 (e) Camera Oper- ator, Etcher or Retoucher 251.90 266.20 (f) Printing Machin- ist (two colour, Perfector or Ro- tary) 250.30 264.50 (g) Operator Pad Making Machine. 250.30 264.50 (h) Proof Reader or Reviser 249.20 263.40 (i) Composing Mach- ine Mechanic 246.20 260.20 (j) Hand Composi- tor 246.20 260.20 (k) Small Offset Op- erator 242.30 256.10 259.00 (1) Platemaker 246.20 260.20 (m) Paper Ruler 246.20 260.20 (n) Printing Mach- inist 246.20 260.20 (o) Bookbinder 246.20 260.20 (p) Operator of bookbinding or envelope making machine 246.20 260.20 (q) Guillotine Oper- ator 246.20 260.20 Column Column Column "A" "B" "C" (r) Monotype Caster 246.20 260.20 (s) Van Driver 221.00 233.60 (t) Senior Printing Machine Room Assistant 214.90 227.10 (u) Stamp Perforater (including stamp issuing) 214.90 227.10 (v) Storeman/Packer 213.80 226.00 (w) Printing Mach- ine, or Large Folding Machine, Assistant 213.80 226.00 (x) Rollermaker or Metalworker 213.80 226.00 (y) Fork Lift Driver.. 213.80 226.00 (z) Worker in con- nection with Bookbinding (not being a Book- binder) 210.90 222.90 (aa) Copy Holder 210.90 222.90 (ab) General Hand or Pallet Truck Op- erator 208.80 220.70 (2) Column "A". The rates of wages herein prescribed shall have effect for ordinary hours of work only as from the beginning of the first pay period commenc- ing on or after the 1st day of February, 1982 and for all purposes of the award as from the begin- ning of the first pay period commencing on or after the 1st day of June, 1982. Column "B". The rates of wages herein prescribed shall have effect for ordinary hours of work only as from the beginning of the first pay period commenc- ing on or after the 1st day of June, 1982 and for all purposes of the award as from the beginning of the first pay period commencing on or after the 7th day of September, 1982. Column "C". The rate of wage herein prescribed shall have ef- fect for ordinary hours of work only as from the beginning of the first pay period commencing on or after the 18th day of June, 1982 and for all purposes of the award as from the beginning of the first pay period commencing on or after the 7th day of September, 1982. 2578 RAILWAY EMPLOYEES. Award No. 18 of 1969. RAILWAY REFRESHMENT SERVICES. Award No. 2 of 1972. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR165 of 1982. Between Amalgamated Metal Workers and Ship- wrights Union of Western Australia, Claimant, and Western Australian Government Railways Commission, Respondent. No. CR205 of 1982. Between Australian Railways Union of Workers, West Australian Branch, Claimant, and Com- missioner of Railways, Respondent. No. CR453 of 1982. Between Amalgamated Metal Workers and Ship- wrights Union of Western Australia and Others, Claimants, and Western Australian Government Railways Commission, Respondent. Interim Order. HAVING heard Mr J. Sharp-Collett on behalf of the Amalgamated Metal Workers and Shipwrights Union of Western Australia, Mr K. B. Gilbert on behalf of the Electrical Trades Union of Workers of Australia (Western Australian Branch), Mr R. Wells on behalf of the Australian Railways Union of Workers, West Australian Branch, Mr T. Cook on behalf of the Aus- tralasian Society of Engineers, Moulders and Foundry Workers' Industrial Union of Workers, Western Australian Branch, and Mr F. M. Hodgins on behalf of the respondents, the Commissioner, in the knowledge that the parties have been unable to reach agreement in these matters which have been the subject of conferences before the Commission on various dates since the 7th April, 1982, and that the matters will take time to conclude, hereby orders pursuant to the powers conferred on it under the In- dustrial Arbitration Act, 1979— 1. That the wage rates prescribed for workers (other than for junior workers and junior station assistants and for apprentices) in Clause 44.—Wages of the Railway Em- ployees Award No. 18 of 1969 be increased— (a) by $20 per week if that worker is a tradesman or his rate of wage is no less than that for a tradesman; (b) by $17 per week in all other cases. 2. That the wage rates prescribed for workers (other than junior workers) in Clause 10.—Wages of the Railway Refreshment Services Award No. 2 of 1972 be increased— (a) by $17 per week if that worker is a male worker; (b) by $16 per week if that worker is a fe- male worker. 3. That the wage rates applicable to junior workers in each of the said awards and of junior station assistants be increased by such proportion of the aforesaid amounts of $17 and $16 per week as is prescribed in the said awards appropriate to their age. 4. That this interim order shall take effect on and from the 26th day of September, 1982, and shall not be to the prejudice of the par- ties in the determination of the matters referred to the Commission. Dated at Perth this 30th day of September, 1982. (Sgd.) D. CORT, [L.S.] Senior Commissioner. SOAP AND ALLIED PRODUCTS MANUFACTURING. Award No. 25 of I960. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 543 of 1982. Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers, Applicant, and S.S. Enterprises Westralia Pty Ltd and Others, Respondents. Order. HAVING heard Mr J. A. McGinty on behalf of the applicant and Mr M. Anderson on behalf of the re- spondents, and by consent, the Commission, pursu- ant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— That the Soap and Allied Products Manufac- turing Award No. 25 of 1960 be varied in accord- ance with the following schedule and that such variation shall have effect as follows— Clause 13.—Meal Money From the beginning Clause 25.—Wages— of the first pay period Column A commencing on or Clause 26.—Leading Hands after the 13th day of August, 1982. 25.—Wages—Column B From the beginning of the first pay period commencing on or after the 1st day of December, 1982. All other clauses From the beginning of the first pay period commencing on or after the 1st day of October, 1982. Dated at Perth this 24th day of September, 1982. (Sgd.) B. J. COLLIER, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement: Delete this clause and insert in lieu:— 2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Hours. 7. Overtime. 8. Holidays. 9. Annual Leave. 10. Absence Through Sickness. 11. Time and Wages Record. 12. Contract of Service. 13. Meal Money. 14. Meal Time. 15. Right of Entry. 16. Payment of Wages—38 Hour Week. 17. Under-rate Workers. 18. Junior Workers. 19. Mixed Functions. 20. Breakdowns. 21. Casual Workers. 22. Posting of Awards and Union Notices. 23. Provision of Clothing. 24. Shiftwork. 25. Wages. 26. Leading Hands. 27. First Aid Equipment. 28. Long Service Leave. 29. Compassionate Leave. 30. Maternity Leave. 27th Octobex', 1982.J 2579 2. Clause 6.—Hours: Delete this clause and insert the following in lieu:— 6.—Hours. Section A—Hours: (1) (a) The provisions of this clause apply to all employees to whom this award applies. (b) Subject to the provisions of this clause the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases. (i) 38 hours within a work cycle not ex- ceeding seven consecutive days; or (ii) 76 hours within a work cycle not ex- ceeding 14 consecutive days; or (iii) 114 hours within a work cycle not ex- ceeding 21 consecutive days; or (iv) 152 hours within a work cycle not ex- ceeding 28 consecutive days. (c) The ordinary hours of work may be worked on any or all days of the week, Monday to Friday, inclusive, and except in the case of shif + employees, shall be worked between the hour0 ox 7.30 a.m. and 5.00 p.m. Provided that the spreao of hours may be altered by agreement between the employer and the majority of employees in the plant or section or sections concerned. (d) Where an ordinary shift or shift employee finishes not later than 8.00 a.m. on Saturday, such hours on the Saturday shall be deemed to be ordinary hours of employment and shall not be subject to penalty rates. (e) The ordinary hours of work shall not ex- ceed ten hours on any day. Provided that in any arrangement of ordinary working hours, where such ordinary hours are to exceed eight hours on any day, the arrangement of hours shall be subject to the agreement be- tween the employer and the majority of em- ployees in the plant or section or sections con- cerned. (f) The ordinary hours of work shall be con- secutive except for the meal interval as pre- scribed in Clause 15.—Meal Time. Section B—Implementation of 38 Hour Week: (1) Except as provided in subclause (4) hereof, the method of implementation of the 38 hour week may be any one of the following: (a) by employees working less than eight ordinary hours each day; or (b) by employees working less than eight ordinary hours on one or more days each week; or (c) by fixing one day of ordinary working hours on which all employees will be off duty during a particular work cycle; or (d) by rostering employees off duty on vari- ous days of the week during a particular work cycle so that each employee has one day of ordinary working hours off duty during that cycle. (e) Any day off duty shall be arranged so that it does not coincide with a holiday prescribed in subclause (1) of Clause 8.—Holidays, of this award. (2) In each plant, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned, the ob- jective being to reach agreement on the method of implementation prior to 1st December, 1982. (3) In the absence of an agreement at plant level, the procedure for resolving special, anom- alous or extraordinary problems shall be as fol- lows: (a) Consultation shall take place within the particular establishment concerned. (b) If it is unable to be resolved at estab- lishment level, the matter shall be referred to the State Secretary of the union (or unions) concerned or his deputy, at which level a conference of the parties shall be convened without delay. (c) In the absence of agreement either party may refer the matter of the West- ern Australian Industrial Commission. (4) Different methods of implementation of a 38 hour week may apply to various groups or sec- tions of employees in the plant or establishment concerned. (5) Notice of Days Off Duty. Except as provided in subclause (6) hereof, in cases where, by virtue of the arrangement of his ordinary working hours, an employee in accord- ance with paragraphs (c) and (d) of subclause (1) hereof, is entitled to a day off duty during his work cycle, such employee shall be advised by the employer at least four weeks in advance of the day he is to take off duty. (6) (a) An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with paragraphs (c) and (d) of subclause (1) hereof, for another day in the case of a break- down in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation. (b) An employer and employee may by agree- ment substitute the day the employee is to take off for another day. Section C—Procedures for In-Plant Discussions: (1) Procedures shall be established for in-plant discussions, the objective being to agree on the method of implementing a 38 hour week in ac- cordance with sections A—Hours and B—Implementation of 38 Hour Week of this clause and shall entail an objective review of current practices to establish where improvements can be made and implemented. (2) The procedures should allow for in-plant discussions to continue even though all matters may not be resolved by 1st December, 1982. (3) The procedures should make suggestions as to the recording of understandings reached and methods of communicating agreements and understandings to all employees, including the overcoming of language difficulties. (4) The procedures should allow for the moni- toring of agreements and understandings reached in-plant. (5) In cases where agreement cannot be reached in-plant in the first instance or where problems arise after initial agreements or under- standings have been achieved in-plant, a formal monitoring procedure shall apply. The basic steps in this procedure shall be as applies with respect to special, anomalous or extraordinary problems as prescribed in subclause (3) of section B of this clause. Section D—Hours Transition Provision: (1) The concept of a 38 hour week shall op- erate from 1st October, 1982. However in recog- nition of the difficulties associated with its introduction an employer may implement the 38 hour week after that date provided that such im- plementation shall occur no later than 1st December, 1982. WHSTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (2) Where an employer implements the 38 hour week at a date later than 1st October, 1982 an employee shall become entitled to a payment at the date of implementation which shall accrue at the rate of two ordinary hours' pay for each week of 40 ordinary hours that is worked after 1st October, 1982. Provided that in any such week where less than 40 ordinary hours are worked then the rate of two ordinary hours' pay shall be reduced proportionately except where an employee is absent from duty in a circum- stance that entitles him to payment for the ab- sence pursuant to other provisions of this award. 3. Clause 7.—Overtime: Delete this clause and in- sert the following in lieu:— 7.—Overtime. (1) The provisions of this clause shall apply to all employees. (2) (a) An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in ac- cordance with such requirement. (b) No union or association party to this award, or employee or employees covered by this award, shall, in any way, whether directly or in- directly, be a party to or concerned in any ban, limitation, or restriction upon the working of overtime in accordance with the requirements of this subclause. (3) (a) Subject to the provisions of this subclause, all work done beyond the ordinary working hours on any day, Monday to Friday, in- clusive, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter. For the purposes of this subclause, ordinary hours shall mean the hours of work fixed in an establishment in accordance with sections A—Hours, B—Implementation of 38 Hour Week and C—Procedures for In-Plant Discussions of Clause 6.—Hours. (b) (i) Work done on Saturdays after 12 noon or on Sundays shall be paid for at the rate of double time. (ii) Work done on any day prescribed as a holiday under this award shall be paid for at the rate of double time and one-half. (c) Work done on Saturdays prior to 12 noon shall be paid for at the rate of time and one-half for the first two hours and double time there- after but this paragraph does not apply in a case to which paragraph (d) of subclause (1) of section A—Hours of Clause 6—Hours, applies. (d) In computing overtime each day shall stand alone but when an employee works overtime which continues beyond midnight on any day, the time worked after nidnight shall be deemed to be part of the previous day's work for the purpose of this subclause. (e) Overtime on shift work shall be based on the rate payable for shift work. (4) The provisions of this clause do not op- erate so as to require payment of more than double time rates, or double time and a half on a holiday prescribed under this award for any work. 4. Clause 10.—Absence Through Sickness: Delete this clause and insert the following in lieu:— 10.—Absence Through Sickness. (1) (a) An employee who is unable to attend or remain at his place of employment during the or- dinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the pro- visions of this clause. (i) Employee who actually works 38 hours each week: An employee whose ordinary hours of work are arranged in accordance with paragraph (a) or (b) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 6.—Hours so that he actually works 38 ordinary hours each week shall be entitled to payment dur- ing such absence for the actual ordinary hours absent. (ii) Employee who works an average of 38 ordinary hours each week: An employee whose ordinary hours of work are arranged in accordance with paragraph (c) or (d) of subciause (1) of Section B—Implementation of 38 Hour Week of Clause 6.—Hours so that he works an average of 38 ordinary hours each week during a particular work cycle shall be entitled to pay during such absence calculated as follows: duration of absence ^ appropriatejweekly rate ordinary hours normally * T worked that day An employee shall not be entitled to claim payment for personal ill health or injury nor will his sick leave entitlement be reduced if such ill health or injury occurs on the week day he is to take off duty in accordance with paragraph (c) or (d) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 6.—Hours. (b) Notwithstanding the provisions of para- graph (a) of this subclause an employer may adopt an alternative method of payment of sick leave entitlements where the employer and the majority of his employees so agree. (c) Entitlement to payment shall accrue at the rate of l/6th of a week for each completed month of service with the employer. (d) If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service. (2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding 10 weeks in any one year of service. (3) To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of his inability to attend for work, the nature of his ill- ness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 24 hours of the commence- ment of the absence. (4) The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2581 the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to ab- sences of two days or less unless after two such absences in any year of service the employer re- quests in writing that the next and subsequent absences in that year if any, shall be ac- companied by such certificate. (5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or in- jury during the time when he is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecu- tive days or more and he produces a certificate from a registered medical practitioner that he was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if he is unable to attend for work on the working day next follow- ing his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he proceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added .to the employee's next period of annual leave, or if termination occurs before then, be paid for in ac- cordance with the provisions of Clause 9.—Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 9.—Annual Leave shall be deemed to have been paid with respect to the replaced annual leave. (6) Where a business has been transmitted from one employer to another and the em- ployee's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in Vol- ume 60 of the Western Australian Industrial Ga- zette at pages 1-6, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmitter shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the pro- visions of this clause. (7) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Com- pensation Act nor to employees whose injury or illness is the result of the employee's own mis- conduct. (8) The provisions of this clause do not apply to casual employees. 5. Clause 13.—Meal Money: Delete this clause and insert the following in lieu:— 13.—Meal Money. (1) An employee required to work overtime for more than two hours, without being notified on the previous day or earlier, that he will be so re- quired to work, shall be supplied with a meal by the employer or paid $3.65 for a meal. (2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he has notified the employees concerned on the previous day or earlier that such a second or subsequent meal will also be required, provide such meals or pay an amount of $3.00 for each second or sub- sequent meal. (3) No such payments need to be made to em- ployees living in the same locality as their work- shop who can reasonably return home for such meals. (4) If an employee in consequence of receiving such notice has provided himself with a meal or meals and is not required to work overtime, or is required to work less overtime than notified he shall be paid the amount required. 6. Clause 16.—Board of Reference: Delete this clause and insert the following in lieu:— 16—Payment of Wages—38 Hour Week. (1) Each employee shall be paid the appropri- ate rate shown in Clause 25.—Wages of this award. Subject to subclause (2) of this clause payment shall be pro rata where less than the full week is worked. (2) From the date that a 38 hour week system is implemented by an employer, wages shall be paid as follows: (a) Actual 38 ordinary hours: In the case of an employee whose or- dinary hours of work are arranged in ac- cordance with paragraph (a) or (b) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 6.— Hours so that he works 38 ordinary hours each week, wages shall be paid weekly or fortnightly ac- cording to the actual ordinary hours worked each week or fortnight. (b) Average of 38 ordinary hours: Subject to subclauses (3) and (4) hereof, in the case of an employee whose ordinary hours of work are ar- ranged in accordance with paragraph (c) or (d) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 6.—Hours so that he works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly or fortnightly ac- cording to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle. Special Note—Explanation of Averaging System: As provided in Paragraph (b) of this subclause an employee whose ordinary hours may be more or less than 38 in any particular week of a work cycle, is to be paid his wages on the basis of an average of 38 ordinary hours so as to avoid fluc- tuating wage payments each week. An expla- nation of the averaging system of paying wages is set out below: (i) Section B—Implemenation of the 38 Hour Week of Clause 8.—Hours in subclause (1) paragraphs (c) and (d) WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. provides that in implementing a 38 hour week the ordinary hours of an em- ployee may be arranged so that he is en- titled to a day off, on a fixed day or ros- tered day basis, during each work cycle. It is in these circumstances that the averaging system would apply. (ii) If the 38 hour week is to be im- plemented so as to give an employee a day off in each work cycle this would be achieved if, during a work cycle of 28 consecutive days (that is, over four con- secutive weeks) the employee's ordinary hours were arranged on the basis that for three of the four weeks he worked 40 ordinary hours each week and in the fourth week he worked 32 ordinary hours. That is, he would work for 8 ordi- nary hours each day, Monday to Friday inclusive for three weeks and 8 ordinary hours on four days only in the fourth week—a total of 19 days during the work cycle. (iii) In such case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the employee shall be the average weekly wage rates set out for the employee's classification in Clause 25.—Wages of this award, and shall be paid each week even though more or less than 38 ordi- nary hours are worked that week. In effect, under the averaging system, the employee accrues a "credit" each day he works actual ordinary hours in excess of the daily average which would otherwise be seven hours 36 minutes. This "credit" is carried forward so that in the week of the cycle that he works on only four days, his actual pay would be for an average of 38 ordinary hours even though, that week, he works a total of 32 ordinary hours. Consequently, for each day an em- ployee works eight ordinary hours he accrues a "credit" of 24 minutes (0.4 hours). The maximum "credit" the em- ployee may accrue under this system is 0.4 hours on 19 days; that is, a total of seven hours 36 minutes. (iv) As provided in subclause (3) of this clause, an employee will not accrue a "credit" for each day he is absent from duty other than on annual leave, long service leave, holidays prescribed under this award, paid sick leave, workers' compensation or bereavement leave. (3) Absences from Duty: (a) An employee whose ordinary hours are arranged in accordance with paragraph (c) or (d) of subclause (1) of Section B—Implementation of 38 Hour Week of Clause 6.—Hours and who is paid wages in accordance with paragraph (a) of subclause (2) hereof and is absent from duty (other than on annual leave, long service leave, holidays prescribed under this award, paid sick leave, workers' compensation or bereavement leave) shall, for each day he is so absent, lose average pay for that day calculated by dividing his average weekly wage rate by 5. An employee who is so absent from duty for part of a day shall lose average pay for each hour he is absent by dividing his average daily pay rate by 8. (b) Provided when such an employee is ab- sent from duty for a whole day he will not accrue a "credit" because he would not have worked ordinary hours that day in excess of seven hours and 36 minutes for which he would otherwise have been paid. Consequently, during the week of the work cycle he is to work less than 38 ordinary hours he will not be entitled to average pay for that week. In that week, the average pay will be reduced by the amount of the "credit" he does not accrue for each whole day during the work cycle he is absent. The amount by which an employee's average weekly pay will be reduced when he is absent from duty (other than on annual leave, long service leave, hol- idays prescribed under this award, paid sick leave, workers' compensation or be- reavement leave) is to be calculated as follows: Total of "credits" not accrued during cycle x average weekly pay *38 Examples: (An employee's ordinary hours are ar- ranged so that he works eight ordinary hours on five days of each week for three weeks and eight ordinary hours on four days of the fourth week). 1. Employee takes one day off with- out authorisation in first week of cycle. Week of Cycle Payment 1st week = average weekly pay less one day's pay (i.e. l/5th) 2nd and = average weekly pay each 3rd week 2nd and = average weel 3rd week weeks 4th week = average pay less credit not accrued on day of absence average pay less 0.4 hours x average weekly pay 2. Employee takes each of the four days off without authorisation in the 4th week. Week of Cycle 1st, 2nd = and 3rd weeks 4th week Payment average pay each week average pay less 475ths of average pay for the four days ab- sent less total of credits not accrued that week l/5th average pay less 4 x 0.4 hours x average weekly pay 38 l/5th average pay less 1.6 hours x average weekly pay " 38 (4) Alternative Method of Payment: An alternative method of paying wages to that pre- scribed by subclause (2) and (3) of this clause may be agreed between the employer and the majority of the employees concerned. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2583 (5) Day Off Coinciding With Pay Day: In the event that an employee, by virtue of the arrange- ment of his ordinary working hours, is to take a day off duty on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day. Provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day. (6) Payment by Cheque: Where an employer and employee agree, the employee may be paid his wages by cheque. (7) Termination of Employment: An employee who lawfully leaves his employment or is dis- missed for reasons other than misconduct shall be paid all moneys due to him at the termination of his service with the employer. Provided that in the case of an employee whose ordinary hours are arranged in accordance with paragraph (c) or (d) of subclause (1) of sec- tion B—Implementation of 38 Hour Week of Clause 6.—Hours and who is paid average pay and who has not taken the day off due to him during the work cycle in which his employment is terminated, the wages due to that employee shall include a total of credits accrued during the work cycle as detailed in the Special Note follow- ing paragraph (b) of subclause (2) of this clause. Provided further, where the employee has taken a day off during the work cycle in which his employment is terminated, the wages due to that employee shall be reduced by the total of credits which have not accrued during the work cycle. (8) Details of Payments to be Given: Where an employee requests his employer to state in writing with respect to each week's wages the amount of wages to which he is entitled, the amount of deductions made therefrom, the net amount being paid to him, and the number of hours worked, the employer shall do so not less than two hours before the employee is paid. (9) Calculation of Hourly Rate: Except as pro- vided in subclause (3) of this clause the ordinary rate per hour shall be calculated by dividing the appropriate weekly rate by 38. (10) Where an obligation to pay a final amount contains a decimal figure of .5 of a cent of more, the amount to be paid shall be the next whole cent. Example—5.5 cents becomes 6.0 cents. Where the amount to be paid contains a decimal figure of less than .5 of a cent, such decimal fig- ure shall be disregarded. Example—5.4 cents be- comes 5.0 cents. 7. Clause 24.—Preference: Delete this clause and insert the following in lieu:— 24.—Shift Work. (1) The provisions of this clause apply to all employees engaged on shift work. (2) An employer may work his establishment on shifts but before doing so shall give notice of his intention to the union or unions concerned and of the intended starting and finishing times of ordinary working hours of the respective shifts. (3) (a) Where any particular process is carried out on shifts other than day shift, and less than five consecutive afternoon or five consecutive night shifts are worked on that process, then em- ployees employed on such afternoon or night shifts shall be paid at overtime rates. Provided that where the ordinary hours of work normally worked in an establishment are worked on less than five days then the provisions of paragraph (a) shall be as if four consecutive shifts were substituted for five consecutive shifts. (b) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or any other day that the employer observes a shut down for the purpose of allowing a 38 hour week or on any holiday. (4) Where a shift commences at or after 11.00 p.m. on any day, the whole of that shift shall be deemed, for the purposes of this award, to have been worked on the following day. (5) A shift employee when on afternoon or night shift shall be paid per shift of eight hours, a loading at the rate of 15 per cent in addition to his ordinary rate prescribed by this award. (6) When work is performed on any shift other than day shift the ordinary working hors pre- scribed by Clause 6.—Hours, of this award shall be inclusive of a paid meal interval of 20 min- utes. 8. Clause 25.—Wages: Delete this clause and insert the following in lieu:— 25.—Wages. The minimum weekly rates of wage payable to employees covered by this award shall be: Column Column A B (1) Adult Employees: $ $ Product maker—soap crutcher, liquids, pow- ders and pastes, deter- gents and cleaners pol- ishes and stains, toilet soaps 213.40 223.40 Assistant Product Maker 207.30 217.30 General Hand other than above 201.00 211.00 (2) Junior Employees. Junior employees shall receive the prescribed percentage of the General Hand rate per week. c - /(' Under 17 years of age 60 17 to 18 years of age 70 18 to 19 years of age 80 19 to 20 years of age 90 Adult At 20 years of age Rates 9. Clause 26.—Leading Hands: Delete this clause and insert the following in lieu:— 26.—Leading Hands. Any employee placed by the employer in charge of three or more other employees shall be paid $12.10 per week in addition to their ordi- nary rates of wages. 10. Clause 29.—Payment of Wages: Delete this clause. 11. Clause 30.—Compassionate Leave: Renumber this clause, Clause 29.—Compassionate Leave. 12. Clause 31.—Maternity Leave: Renumber this clause, Clause 30.—Maternity Leave. 21681 -15 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. CONSTRUCTION. Award No. 23 of 1970. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 742A of 1982. Between Electrical Trades Union of Australia, West- ern Australian Branch, Applicant, and State Energy Commission, Respondent. Order. HAVING heard Mr A. R. Beech on behalf of the ap- plicant and Mr R. A. Keegan appearing on behalf of the Federated Engine Drivers and Firemen's Union and Mr D. W. Skipworth appearing on behalf of the Amalgamated Metal Workers and Shipwrights Union and Mr M. K. Hurley on behalf of the respondent, and by consent the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979 hereby orders— That the State Energy Commission (Construction) Award No. 23 of 1970 be varied in accordance with the following schedule and that such variation shall have effect on and from the 30th day of August, 1982. Dated at Perth this 5th day of October, 1982. (Sgd.) G. A. JOHNSON, [L.S.l Commissioner. Schedule. Clause 13.—Fares and Travelling Time: Delete this clause and insert in lieu thereof:— 13.—Fares and Travelling Time. Employees shall be paid the allowance prescribed in the Metal Trades (General) Award No. 13 of 1965 Part II Construction Work Clause 6.—Allowance for Travelling and Employment in Construction Work. TEACHERS (Kindergartens). Award No. 22 of 1963. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 480 of 1982. Between Pre-School Teachers and Associates Union of Western Australia (Union of Workers), Appli- cant, and Hon. Minister for Education, Respon- dent. Order. HAVING heard Mr J. A. McGinty on behalf of the Applicant and Mr D. K. Buttel on behalf of the Re- spondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— 1. By consent, that the Teachers' (Kindergartens) Award 1964 No. 22 of 1963 be amended in Clause 10.—Salaries, in accordance with the following schedule. 2. That such amendment shall have effect from the beginning of the first pay period com- mencing on or after 1st July, 1982. Dated at Perth this 6th day of October, 1982. (Sgd.) G. L. FIELDING, [L.S.l Commissioner. Schedule. 1. Clause 10.—Salaries: Delete this clause and in- sert the following in lieu:— 10.—Salaries. The following salary scales shall be paid to teachers according to qualifications, experience and position. (1) Salaries Per Annum: Scale A Al B B1 (a) Teachers: $ $ $ $ Grade: 1 13 484 14127 2 15 105 15 763 16 195 16 985 3 15 983 16 637 17 259 18 044 4 16 859 17 503 18 314 19 096 5 17 721 18 361 19 368 20 150 6 18 580 19 224 20 423 21 207 7 19 441 20 086 21 323 22 104 8 19 955 20 601 22 217 23 001 9 20 469 21 115 23 120 23 905 (i) A teacher who has successfully completed a minimum of two years' full time tertiary training as a student at a teachers' college approved by the employer shall be paid according to Scale "A" commencing at Grade 1 and may proceed to Grade 8. (ii) A teacher who has successfully completed a minimum of three years' full time tertiary training as a student at an educational es- tablishment approved by the em- ployer shall be paid according to Scale "A" commencing at Grade 2 and may proceed to Grade 9. (iii) A two year trained teacher who obtains the qualifications of a three year trained teacher or who is deemed by the employer to be a three year trained teacher, shall advance on increment and may proceed to Grade 9 on Scale "A". (iv) Teachers who qualify for pay- ment under Scale "A" but who have such additional qualifi- cations as may be approved by the employer shall instead of the rates prescribed in Scale "A" be paid the rates prescribed in Scale "B". (v) A teacher who is employed in Special Aboriginal Schools and Centres, in Special Schools for mentally and/or physically handicapped children and in special classes approved by the Minister shall be paid according to either Scale "Al" or "Bl" ac- cording to qualifications. (vi) Progression along the salary scales shall be by annual in- crement and shall be dependent upon satisfactory service pro- vided that a teacher shall be re- quired to complete a full teach- ing year from the commencement of her appointment before being eligible for the next annual in- crement. (vii) Teachers who qualify by way of additional qualifications to transfer from one scale to another shall be paid the salary on the new scale for that grade applying to the salary on the old scale. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. (b) Assistants: Year: $ 1 11461 2 12 839 3 13 586 4 14 330 5 15 063 An assistant shall be required to com- plete a full teaching year from the com- mencement of her appointment before being eligible for the next annual in- crement. (2) A relieving teacher or assistant shall be paid the appropriate salary plus a loading of 27 per cent. (3) For the purpose of adjustment and pay- ment the weekly salary shall be calculated as l/52nd and l/6th of the annual salary, and the fortnightly salary, as l/26th and l/12th of the annual salary and the monthly salary as l/12th of the annual salary. 7. Junior Males. 8. Apprentices. 9. Hours. 10. Overtime. 11. Holidays and Annual Leave. 12. Time and Wages Record. 13. Right of Entry. 14. Absence Through Sickness. 15. Compassionate Leave. 16. Under Rate Workers. 17. No Reduction. 18. Board of Reference. 19. Breakdowns. 20. Definitions. 21. Contract of Service. 22. Shiftwork. 23. Payment of Wages. 24. Casual Workers. 25. Protective Clothing. 26. Meal Breaks and Rest Periods. 27. Long Service Leave. 28. Location Allowances. 29. Wages. TIMBER YARD WORKERS. Award No. 11 of 1951. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 45 of 1982 Between United Timber Yards, Sawmills and Wood- workers Employees' Union of Western Australia, Applicant, and Bunning Bros Pty Ltd and others, Respondents. Order. HAVING heard Mr A. J. A'Vard on behalf of the ap- plicant and Mr B. P. McCarthy on behalf of the re- spondents, and by consent the Commission, pursuant to the powers conferred on it under the Industrial Ar- bitration Act, 1979 hereby orders— That the Timber Yard Workers' Award No. 11 of 1951 be varied in accordance with the follow- ing schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the date hereof. Dated at Perth this 18th day of August, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement: Delete this clause and insert in lieu: 1. Title. 2. Arrangement. 3. Area. 4. Scope. 5. Term. 6. Special Rates and Conditions. Schedule of Respondents. 2. Clause 6.— Special Rates and Conditions: Delete subclauses (1), (8), (9) and (10) of this clause and in- sert in lieu:— (I) Mixed Functions: (a) Subject as hereinafter provided where a worker is engaged on higher grade work he shall be paid the rate prescribed for such higher grade work during the time so engaged, provided that if engaged on such higher grade work for more than two hours, he shall be paid the higher rate for the whole day. (b) Where a worker regularly performs duties covered by more than one classi- fication, he shall be paid the rate appli- cable to the highest of those classifi- cations. (8) Disability Allowance: Workers shall be paid an allowance in accordance with the follow- ing^ (a) Workers employed in bush or logging operations (other than log truck drivers) at the rate of $10.00 per week. (b) Workers employed in or in the immedi- ate vicinity of sawmills and log truck drivers at the rate of $6.60. (c) The allowance shall be paid during overtime but shall not be subject to penalty additions. (9) Any dispute relating to the disability al- lowances in subclause (8) shall be determined by the Board of Reference. 3. Clause 10.—Overtime: After subclause (10) add the following subclauses:— (II) (a) When overtime is necessary it shall, wherever reasonably practicable be so arranged that workers have at least eight consecutive hours off duty between the work of successive days. (b) A worker (other than a casual worker) who worked so much overtime between the termin- ation of his ordinary work on any one day and the commencement of his ordinary work on the next day that he has not had at least eight con- secutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. 2586 (c) If, on the instructions of his employer such a worker resumes or continues work without having had such eight consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (d) Where a worker (other than a casual worker) is called into work on a Sunday or hol- iday preceding an ordinary working day, he shall, wherever reasonably practicable, be given eight consecutive hours off duty before his usual starting time on the next day. If this is not prac- ticable, then the provisions of paragraphs (b) and (c) of this subclause shall apply mutatis mutandis. (e) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this subclause when the actual time worked is less than three hours on such recall or on each of such recalls. (12) (a) A worker required to work overtime for more than two hours, without being notified on the previous day or earlier that he will be so required to work, shall be supplied with a meal by the employer or paid $3.50 for a meal. (b) If the amount of overtime required to be worked necessitates a second or subsequent meal, the worker shall, unless he has notified the worker concerned on the previous day or earlier that such second or subsequent meal will also be required, provide such meal or pay the amount of $3.00 for each second or subsequent meal. (c) No such payments need be made to workers living in the same locality as their place of employment, who can reasonably return home for a meal. (d) If a worker in consequence of receiving such notice has provided himself with a meal or meals, and is not required to work overtime, or is required to work less overtime than notified, he shall be paid the amounts above prescribed in re- spect of the meals not then required. 4.—Clause 11.—Holidays and Annual Leave: De- lete subclause (5) of this clause and insert in lieu:— If after one month's continuous service in any qualifying 12 monthly period a worker leaves his employment or his employment is terminated by the employer through no fault of the worker, the worker shall be paid 3.08 hours' pay at his ordi- nary rate of wage in respect of each completed week of service. 5. Renumber Clauses 12A and 13 as 13 and 14 re- spectively. 6. Clause 13A.—Compassionate Leave: Delete this clause and insert in lieu:— 15.—Compassionate Leave. (1) A worker shall, on the death within Aus- tralia of a wife, husband, father, mother, brother, sister, child or stepchild, be entitled on notice of leave up to and including the day of the funeral of such relation, and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the worker in two or- dinary working days. Proof of such death shall be furnished by the worker to the satisfaction of his employer. (2) For the purpose of this clause the words "wife" and "husband" shall not include a wife or husband from whom the worker is separated, but shall include a person who lives with the worker as a de facto wife or husband. 7. Renumber Clauses 14, 15, 16, 17, 18 as Clauses 16, 17, 18, 19 and 20. 8. Clause 19.—Contract of Service: Delete this clause and insert in lieu:— 21.—Contract of Service. (1) Except in the case of a pieceworker or a casual worker, whose engagement shall be by the day, the contract of service of every worker shall be by the week terminable by one week's notice on either side given on any working day or by the payment or forfeiture, as the case may be, of one week's wages. Provided that in the case of work in the bush and at bush mills, such notice may be dispensed with by consent in writing by the em- ployer and worker. (2) For the purpose of this clause every worker shall be deemed a casual worker for the first week of his employment and during this period his engagement shall be from day to day but any worker dismissed through no fault of his own be- fore the expiration of the first week of employ- ment shall be paid as a casual worker. (3) A worker shall perform such work as the employer may require on the day and during the hours usually worked by the class of worker con- cerned. (4) A worker shall not be entitled to payment for any time during which he is absent from his employment except as provided in Clause 11.—Holidays and Annual Leave and Clause 13.—Absence through Sickness of this Award. (5) The employer may at any time dismiss a worker without notice for good cause and in such case wages shall be paid up to the time of dis- missal only. 9. Renumber Clause 20.—Shift Work as Clause 22. 10. Renumber Clauses 21 and 22 as 23 and 24 re- spectively. 11. Delete Clause 23—Preference to Unionists. 12. Clause 24.—Casual Worker: Delete this clause and insert in lieu:— A casual worker is one engaged as such, and who shall be paid 20 per cent in addition to the ordinary rate of pay for his class of work. 13. Renumber Clause 24 as 25. 14. Clause 25.—Rest Period: Delete this clause and insert in lieu:— 26.—Meal Breaks and Rest Periods. (1) Meal intervals shall not be less than 30 minutes, nor more than one hour, to be taken at mutually arranged times. (2) (a) A rest period of 10 minutes from the time of ceasing to the time of resumption of work shall be allowed each morning and afternoon or in the case of a shift worker in each of the first and second parts of the shift. (b) The rest period shall be counted as time off without deduction of pay and shall be arranged at a time and in the manner to suite the con- venience of the employer. 15. Renumber Clause 26 as Clause 27. 16. Insert new Clause 28.—Location Allowances. 28.—Location Allowances. (1) Subject to the provisions of the clause, in addition to the wages prescribed in Clause 30.—Wages of this award, a married employee shall be paid the following allowances when em- ployed in the towns described hereunder. Town $ Esperance 6.10 Kalgoorlie 6.90 Port Hedland 23.80 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2587 (2) Except as provided in subclause (4) of this clause a single employee shall be paid 50 per cent of the allowances prescribed in subclause (1) of this clause. (3) An employee, whose spouse is employed by the same employer and who is entitled to an al- lowance of a similar kind to that prescribed by this clause, shall be paid 50 per cent of the allow- ance prescribed in subclause (1) of this clause. (4) Where an employee is provided with board and lodging by his employer, free of charge, such employee shall be paid 33 1/3 per cent of the al- lowances prescribed in subclause (1) of this clause. (5) Junior workers, casual workers, part-time workers, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed. (6) Where an employee is on annual leave or receives payment in lieu of annual leave he shall be paid for the period of such leave the district allowance to which he would ordinarily be en- titled. (7) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he shall only be paid district allow- ance for the period of such leave he remains in the district in which he is employed. (8) For the purpose of this clause a married employee includes: (a) A person who has a de facto spouse, and (b) A person who is a sole parent with de- pendent children. (9) Where an employee is employed in a town or location not specified in this clause the allow- ance payable for the purpose of subclause (1) shall be such amount as may be agreed between Australian Mines and Metals Association, the Confederation of Western Australian Industry and the Trades and Labor Council of Western Australia or, failing such agreement, as may be determined by the Commission. Provided that, pending any such agreement or determination, the allowance payable for that purpose shall be an amount equivalent to the district allowance in force under this award for that town or location on 1st June, 1980. (10) Nothing herein contained shall have the effect of reducing any "district allowance" currently payable to any employee subject to the provision of this award whilst that employee re- mains employed by his present employer. 17. Clause 30.—Wages: (a) Renumber this Clause to 29. (b) Insert after subclause (30) the following subclause. (31) Leading hand:— $ In charge of 3-10 workers—extra 10.70 In charge of 11-20 workers—extra 16.30 In charge of over 20 workers—extra 21.10 WIRE MANUFACTURING (Australian Wire Industries). Award No. 24 of 1970. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 319 of 1982. Between Australasian Society of Engineers Moulders and Foundry Workers Industrial Union of Workers, Western Australian Branch, Applicant, and Australian Wire Industries Pty Ltd, Respon- dent. Order. HAVING heard Dr J. Crouch on behalf of the appli- cant and Mr S. D. Lott on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979 hereby orders— That the Wire Manufacturing (Australian Wire Industries) Award No. 24 of 1970 be varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 1st April, 1982. Dated at Perth this 17th day of September, 1982. (Sgd.) D. CORT, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement: Add to this clause the following:— 26. Payment of Wages. 2. Clause 9.—Hours of Work: Delete this clause and insert in lieu thereof the following:— PART I—Day Workers: (1) (a) The ordinary working hours shall be an average of 38 hours per week over the full cycle of the relevant work roster. Ordinary hours shall be worked Monday to Friday inclusive between the hours of 7.00 a.m. and 5.00 p.m. (b) Ordinary working hours shall not exceed— (i) Eight hours during any consecutive 24 hours; or (ii) 152 hours in 28 consecutive days. (2) (a) A lunch interval of not less than 30 minutes and not more than one hour shall be al- lowed to each worker. (b) The lunch interval shall, for each worker, be a defined period. (c) A worker who is required to commence his lunch break more than 30 minutes after the de- fined commencing time of such lunch break shall be paid at overtime rates from the defined com- mencing time until he commences his lunch break. PART II—Shift Workers: (1) In the case of six day or seven day shift workers, the ordinary working hours shall be an average of 38 hours per week over the full cycle of the relevant work roster. Ordinary working hours shall not exceed— (a) Eight hours during any consecutive 24 hours; or (b) 152 hours in 28 consecutive days except in the case of agreed rostering arrangements which provide for the weekly average of 38 or- dinary hours to be achieved over a period which exceeds 28 consecutive days. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (2) (a) In the case of shift workers on continu- ous work the crib time shall— (i) be 20 minutes; (ii) unless otherwise required be taken in relays at such times as not to cause a stoppage of work; and (iii) be allowed without deduction of pay. (b) In the case of shift workers not on continu- ous work the crib time shall, at the option of the employer be— (i) twenty minutes allowed and taken in accordance with the provisions of para- graph (a) of this subclause; or (ii) not less than 30 minutes allowed in ac- cordance with the provisions of subclause (2) of Part I of this clause. 3. Clause 14.—Holidays and Annual Leave: Add to subclause (1) of Part I—Holidays of this clause the following paragraph: Subject to the provision of subclause (5) of this clause the provision for payment does not apply to employees whose 38 hour week rostered day off falls on a holiday. 4. Clause 14.—Holidays and Annual Leave: After subclause (4) of Part I—Holidays of this clause add the following new subclause (5): (5) When a workers rostered day off falls on a holiday and he does not work on that day he shall, (i) be allowed one day's leave without pay to be taken on another ordinary work- ing day within that or the subsequent work cycle or (ii) at the discretion of the employer be paid for that day eight ordinary hours pay- 5. Clause 14.—Holidays and Annual Leave: Delete subclause (4) (a) of Part II—Annual Leave of this clause and insert in lieu thereof the following: (4)(a) If after one month's continuous service in any qualifying 12 monthly period a worker lawfully leaves his employment or his employ- ment is terminated by the employer through no fault of the worker, the worker shall be paid 2.923 hours' pay at the rate of wage prescribed by paragraph (b) of subclause (2) of this clause in respect of each 38 ordinary hours worked and in respect of which leave had not been granted under this clause. 6. Clause 26.—Payment of Wages: After Clause 25.—Bereavement Leave insert the following new clause: 26.—Payment of Wages. Wages shall be paid weekly according to the hours actually worked in that week. (Australian Wire Industries Pty. Ltd.). Award No. 24 of 1970. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 663 of 1982. Between Australian Wire Industries Pty Ltd, Appli- cant, and Australasian Society of Engineers Moulders and Foundry Workers Industrial Union of Workers Western Australian Branch, Respondent. Order. HAVING heard Mr R. G. Woodward on behalf of the applicant and Dr J. Crouch on behalf of the respon- dent and by consent the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979 hereby orders— That the Wire Manufacturing (Australian Wire Industries) Award No. 24 of 1970 be varied in accordance with the following schedule and that such variation shall have effect with respect to Maintenance Workers from the first pay period commencing on or after the 1st day of June, 1982, and with respect to Production Workers with regard to ordinary hours from the beginning of the first pay period commencing on or after the 1st day of June, 1982 and with regard to overtime hours from the beginning of the first pay period commencing on or after the 1st day of August, 1982.- Dated at Perth this 20th day of September 1982. (Sgd.) G. A. JOHNSON, [L.S.I Commissioner. Schedule. Clause 27.—Wages: Delete subclauses (1), (2), (3) and (4) and insert in lieu:— (1) Adult Males Rates Classification (a) General Cleaning House Cleaner— First 3 months. Thereafter Cleaner's Assistant- First 3 months Thereafter 209.10 216.90 205.80 209.10 Drawing Probationers— First 3 months on any wire drawing machine Thereafter— Rod Drawer (i) Single head mach- ines (ii) Multiple head ma- chines Wire Drawer— (i) Single head machines ... (ii) Multiple head mach- ines 209.10 225.80 225.80 221.90 221.90 Batch Wire Annealing Annealer— First month Thereafter Wire Galvanising Senior Operator— First 3 months Thereafter 205.80 209.10 211.70 221.90 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. Rates Per Week Assistant— ^ First month 205.80 Thereafter 209.10 Netting Looming Loomer— First 3 months 211.70 Thereafter 221.90 Accessory Machine Operator— First month 204.00 Thereafter 205.80 Netting Galvanising Senior Operator— First 3 months 211.70 Thereafter 221.90 Assistant— First month 205.80 Thereafter 211.70 Fabricating and Reforming Barbed Wire Machine Oper- ator— First 3 months 205.80 Operating 3 or less machines 209.20 Operating 4 to 6 machines... 221.90 Straightening and Cutting Machine Operator— First month 204.00 Thereafter 205.80 Coil Former Weighing and Tying 205.80 Stranding Machines (7x25) Operator— First 3 months 209.10 Thereafter 225.80 Field Fence Weaver— First 3 months 211.70 Thereafter 221.90 Sundry Drawing Die Maintenance— First 6 months 211.70 Thereafter 225.80 General Assistant 204.00 (b) Maintenance Electrical Fitter and/or Arma- ture Winder 234.60 Electrician—Special Class 252.80 Fitter—Mechancial 234.60 Scientific Instrument Maker 247.70 Tradesman's Assistant 197.70 (2) (a) Where an employer does not provide a tradesman or an apprentice with the tools ordi- narily required by that tradesman or apprentice in the performance of his work as a tradesman or as an apprentice the employer shall pay a tool al- lowance of— (i) $6.80 per week to such tradesman; or (ii) in the case of an apprentice a percent- age of $6.80 being the percentage which appears against his year of apprentice- ship in subclause (5) of this clause, For the purpose of such tradesman or appren- tice supplying and maintaining tools ordinarily required in their performance of his work as a tradesman or apprentice. (b) Any tool allowance paid pursuant to para- graph (a) of this subclause shall be included in, and form a part of, the ordinary weekly wage prescribed in this clause. (c) An employer shall provide for the use of tradesmen or apprentices all necessary power tools, special purpose tools and precision measuring instruments. (d) A tradesman or apprentice shall replace or pay for any tools supplied by his employer if lost through his negligence. (3) Leading Hands: In addition to the appro- priate rates of pay prescribed in this clause, a worker shall be paid— Per Week (i) if placed in charge of not less than three and not more than 10 other workers 12.10 (ii) if placed in charge of more than 10 and not more than 20 other workers 18.40 (iii) if placed in charge of more than 20 other workers 23.80 (4) Junior Males: (percentage of weekly wage prescribed for the classification "General Assist- ant"): Rate per week (%) ($) Under 16 years of age 25.7 52.43 Between 16 and 17 years of age 39.8 81.19 Between 17 and 18 years of age 51.9 105.88 Between 18 and 19 years of age 65.9 134.44 Between 19 and 20 years of age 78.2 159.53 Between 20 and 21 years of age 94.1 191.96 STOREMEN (Government). Award No. 20 of 1969. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 626 of 1982. Between: West Australian Shop Assistants and Warehouse Employees Industrial Union of Workers, Perth, Applicant, and Western Aus- tralian Potato Marketing Board, Respondent. Before Mr Commissioner G. L. Fielding. The 17th day of September, 1982. Mr R. E. Archer on behalf of the Applicant. Mr J. D. Miller on behalf of the Respondent. Reasons for Decision. (Given extemporaneously at the conclusion of the submissions, taken from the transcript as edited by the Commissioner.) THE COMMISSIONER: This is an application by the Union to join the Respondent as a party to the Storemen (Government) Consolidated Award. At present, the Respondent is not bound by that Award but rather by a Federal Award, known as the Storemen and Packers (Western Australian Potato Marketing Board) Award 1974. 2590 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. The application is not opposed by the Respondent. The only argument between the parties is as to the operative date and, on the face of it at least, the ap- plication ought to have been straightforward and simple. But in the course of his submissions, Mr Archer for the Applicant mentioned to me that the application to set aside the Federal Award had been heard on 3rd September last and, on that occasion, the Federal Commission indicated that it had, or would, make an order with effect from that date; that is to say, the 3rd September. That immediately raised in my mind doubts as to the Commission's jurisdiction to make any order on this application retrospective to at least any date earlier than 3rd September last. Because neither of the advocates was able to say, or inform me, precisely what it was that the Federal Commission had done on 3rd September, I stood these proceedings over so that I might examine the transcript and also because of my expressed doubts as to the question of retrospectivity. I have since had an opportunity to look at the transcript of those pro- ceedings. It seems to me from a reading of that transcript, that the Federal Commission simply or- dered that the proceedings before it be adjourned to a date and time to be fixed, but, at the same time, in- dicated that it would make an order setting aside the Award and, I think, setting aside the finding of the industrial dispute, with effect from 3rd September last. But what is important from this Commission's point of view is that no formal setting aside order ap- pears at this stage to have been made, although there is a fair indication that one will be made. I do not think this Commission can properly act in these pro- ceedings on a mere indication of what will be done in the future. Rather it should await the outcome of what is done. The form of the final order which the Federal Commission issues will, of course, have a di- rect bearing on what jurisdiction, if any, this Com- mission has to make an order retrospectively, as Mr Archer has asked it to do. Therefore, until the order issues from the Federal Commission, I think it proper that these proceedings stand adjourned to a date and time to be fixed. The advocate for the Respondent suggested that I might like to confer with the Member constituting the Federal Commission in respect of this matter. Having thought about it and, more particularly, having read that transcript, that is not something I am prepared to do. What form the final order takes when it is issued by the Federal Commission is a mat- ter for it and for the parties before it, and not for this Commission. I do not think it is a matter in which this Commission should be seen to be involved. I have indicated earlier this week, and I do so again today, that given the extent of the nexus with the State Award, at least so far as the adjustment of wage rates under the Federal Award is concerned, I would be prepared to make the order retrospective to the date sought by Mr Archer, if that can lawfully be done. The onus therefore will be on the Applicant to satisfy me that it is within this Commission's powers to make the order retrospective, given the consti- tutional problems that may arise. I say also in passing that, apart from the constitutional questions, it is not entirely clear, even under the Industrial Arbitration Act of this State, that it authorises such on order as that now sought by the Applicant to be made retro- spectively, although that is not a matter which I have looked at very closely. In correspondence to the Commission from the Ap- plicant Union, enclosing a copy of the transcript of the Federal proceedings, Mr Archer raised the question "as to whether the award ever legally existed if the finding of a dispute was in fact invalid". That is a question which might more properly be raised before the Federal Commission or, indeed, elsewhere. For the time being at least—that is, until [27th October, 1982. the Federal Commission finally issues an order in the matter and this Commission knows what form the order takes—I think these proceedings ought to stand adjourned to a date and time to be fixed. I can only hope the parties can reach agreement as to an operative date, so that the problems which are obvi- ously now known to both parties can be avoided. CANCELLATIONS— Notice of— Under Section 47— CANCELLATION OF AWARD. TAKE notice that the Commission acting pursuant to section 47 of the Industrial Arbitration Act, 1979 intends to cancel the Berthing Master's Assistants (Fremantle Port Authority) Award No. 16 of 1956 be- cause in the opinion of the Commission there is no employee to whom the award applies. Any person who has a sufficient interest may within 30 days of the publication of this notice object to the cancellation. Dated this 15th day of September, 1982. K. SCAPIN, Industrial Registrar. DISPUTES— Orders made under Section 23— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION No. 649 of 1982. Between James Hardie and Co Pty Ltd, Applicant, and Amalgamated Metal Workers and Ship- wrights Union of Western Australia, the Electri- cal Trades Union of Australia (Western Aus- tralian Branch), Perth, the Australasian Society of Engineers Moulders and Foundry Workers In- dustrial Union of Workers, Western Australian Branch and the Federated Engine Drivers and Firemen's Union of Workers of Western Aus- tralia, Respondents. Order. HAVING heard Mr A. P. Durack on behalf of the ap- plicant and Mr J. Sharpe-Collett, Mr K. B. Gilbert, Dr J. Crouch and Mr C. E. Mumme on behalf of the 2591 respondents, and by consent, the Commission, pursu- ant to the powers conferred on it under section 23 of the Industrial Arbitration Act, 1979 and all other powers therein hereby orders— 1. That the terms of this Order replace those contained in Order No. 514 of 1982. 2. Notwitstanding the provisions of the Metal Trades (General) Award No. 13 of 1965 and the Engine Drivers (General) Award No. 21A of 1977, the ordinary weekly rates of wage (not including tool allowance) payable to the employees covered by this Order, shall be as follows for the purposes of the award. $ 3. (a) Fitter and Turner 281.20 (b) Motor Mechanic 281.20 (c) Electrical Fitter 281.20 (d) Electrical Installer 281.20 (e) Tradesman's Assistant, who uses a grinding machine 240.80 (f) Boiler Attendant 264.70 4. The rate of each classification mentioned in Clause (3) of this Order shall be adjusted in accordance with any decision of the Com- mission in Court Session, which alters wage rates generally following movement in the Consumer Price Index. 5. The rates of pay set out in clause (3) of this Order include an Industry allowance, which at the date of this Order is $5.40 per week. 6. The rates of pay to apply from 1st June, 1982. Dated at Perth this 16th day of September, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 742 of 1982. Between Mt Newman Mining Co Pty Ltd, Applicant, and Australian Workers Union, Western Aus- tralian Branch, Industrial Union of Workers, Re- spondent. Before Mr Commissioner G. A. Johnson. The 15th day of September, 1982. Mr D. L. Ihlein on behalf of the applicant. Mr C. Butcher and Mr B. Wilson on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: This matter comes before the Commission via section 23 of the Industrial Arbi- tration Act 1979 and arises out of the Industrial Re- lations (Mt Newman Mining Co Pty Limited) Agree- ment No 27 of 1975. That agreement now deemed to be a consent award of this Commission provides for a disputes settling procedure for, amongst other things, the termination of an employee's service. A Com- mittee of Review established by this agreement may- be requested to determine whether— (i) the reason given for the termination is the true reason; and, if so, (ii) whether that reason is sufficient to justify the termination. In the event of the Committee of Review failing to reach a unaminous conclusion, on a request, the mat- ter is referred to the Commission for determination on the same grounds. In this matter the facts are substantially agreed. The employee commenced with the employer on 12th December, 1978 as an electrical trades assistant. In 1979 he transferred to shift work in the production section until he was stood aside on 27th April, 1982 for over-stacking. During this period of service, his record shows eleven occasions when he was absent from work with- out leave, two occasions when he was found asleep on the job and four occasions when he over-stacked the ore pile. Following the standing aside on 27th April, 1982, the Committee of Review was requested to consider whether the proposed termination of the employee was justified. As a result of that inquiry a number of things emerged. The employee was having problems at home, his union activities were occupying too much time and these matters affected his concen- tration as a shift ore handler. His services were ter- minated in this capacity and he was re-engaged as a trades assistant without loss of prior service. As part of the re-engagement, he was required to give a number of assurances which were summarised in a letter dated 10th May, 1982 as a condition of the new employment in that he would provide "an ac- ceptable standard of performance and personal con- duct at all times in the future" (Exhibit B). Those as- surances involved relinquishing his union position, seeking professional assistance with respect to his domestic problems and presenting himself for work in accordance with his contract of service at all times. The employee recommenced as a trades assistant, put aside his union activity and made every effort to work out his domestic problems. In this last matter he was unsuccessful and his wife has left the family home. During the week in which this last event took place he visited a friend one evening, had too much to drink, decided not to drive home and stayed the night. Next morning he awoke just before 10.00 a.m. some three hours after he was due to commence work. He phoned his foreman but he was not available and spoke to another foreman in the same office. The substance of his message was that he had overslept and concluded that it was too late to start and so, as he had a number of personal things to do, he would take the balance of that day to clear up his private business. He tried on two other occasions to speak to his foreman on that day without success. On reporting to work next day, he endeavoured to explain the situation to his foreman but it was a busy- period and there was insufficient time so he resumed his duties. Later in the day he was required to report to his superintendent. His explanation for his absence was given simply as oversleeping and private business. The sequence of events as described by the employee and his expla- nation were not seen by the employer to be consistent with his assurances given on the commencement of his employment and action was taken to terminate. It is that decision which is the subject of this appli- cation. There are a number of matters which should be cleared away before looking at the main issues. There was an obligation on the employee to ensure that he did not oversleep. He took no steps in this regard. The foreman with whom contact was made just be- fore 10.00 a.m. had no authority to approve leave without pay for the day and the employee was not en- titled to believe the conversation relieved him of his obligation in this regard. Although he tried unsuc- cessfully to contact his foreman by phone, there was ample opportunity during the day to visit the site 2592 WHSTERN AUSTRALIAN 1N D U ST RIA L G A Z ETT H. [27th October, 1982. and explain the circumstances to the foreman in an effort to have the absence approved as leave without pay and he did not. On the following day in the interview with the superintendent he made no men- tion of the extent to which his domestic relationships had deteriorated and the employer had no option but to conclude that this event was just another in a sorry catalogue which gave rise to his termination as an ore handling operator. The conclusion was inevitable. Three matters are put forward in mitigation of the event or in denial of the correctness of the con- clusion. The first is that the employee was under con- siderable stress because of the course taken in his domestic problems; that should be seen to be suf- ficient to the employer to show some compassion. The second is that the employer failed to comply with the Industrial Relations Agreement and having so acted should not be seen to have "clean hands" in the matter before the Commission. The third is that it was wrong for the employer to take account of the employee's previous employment record in the de- cision to terminate. In addition, some attention was given to the vagueness of the words used in the notice of termin- ation. This latter aspect was seen to be of some con- cern for other employees where it would seem that the employer, on the basis of the words, could take into account the personal activities of employees when considering termination. There is I believe no real cause for concern be- cause, as was instanced in this case, the emphasis on personal activities arises in the work context only and relates to attendance and attitude as contrasted by the employee's work related capability or skill. So far as the other matters are concerned, while it may well be that the employee was under consider- able stress, he made no attempt to describe the ex- tent of the personal problems. I am unable to see that such non action on the part of the employee can be held to be an act of unfairness on the part of the em- ployer. I am aware that previous action has taken place with respect to the employer's failure to comply with the Industrial Relations Agreement, however that failure has been dealt with and in no way affects the validity of the decision to terminate. Finally it is immaterial in this case whether or not the past record of the employee could be taken into account. The assurances given by the employee does of themselves acknowledge the past record so that in practical terms the past record becomes an element in the new contract and must be taken into account when considering action with respect to a breach of the assurances. I find that the reason given for the termination is the true reason and that reason is sufficient to justify the termination. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 742 of 1982. Between Mt Newman Mining Co Pty Limited, Appli- cant, and Australian Workers Union, West Australian Branch, Industrial Union of Workers, Respondent. Order. HAVING heard Mr D. L. Ihlein on behalf of the ap- plicant and Mr C. Butcher and with him Mr B. Wilson on behalf of the respondent the Commission, pursuant to the powers conferred on it under the In- dustrial Arbitration Act, 1979 hereby orders— That the reason given for the termination is the true reason and that reason is sufficient to justify the termination. Dated at Perth this 15th day of September, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. DISPUTES— Orders made under Section 29— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 584 of 1982. Between Robert White, Applicant, and Andrew James Kelly and Jill Elizabeth Kelly trading as "Stylistic Furnishings", Respondents. Before Mr Commissioner G. J. Martin. The 3rd day of September, 1982. The applicant appeared on his own behalf. Mr J. Birman on behalf of the respondents. Reasons for Decision. THE COMMISSIONER: By this application made pursuant to section 29 of the Industrial Arbitration Act, 1979 the applicant seeks: (a) reinstatement with the respondents in the position of Production Manager; and (b) two weeks' wages in lieu of notice. The respondents object to and oppose both of those claims. The applicant commenced employment with the respondents on the 30th day of April, 1982 as "Production Supervisor" (or as sometimes referred to, "Production Manager") on a gross weekly wage of $275.00. There are no other discernible details of the con- tract of service structured by the parties and in fact both admit that questions such as termination of ser- vice and the like were not discussed between them. The respondents assert that by implication the terms of the "Furniture Trades" Award No. 30 of 1979 as varied were attached to the contract of ser- vice, but there is no evidence before me to support that assertion. During the proceedings the applicant informed me that he did not now wish to resume employment with the respondents and that part of his claim lapses. At a convivial gathering of a number of the respon- dents' employees at the factory, after work on Friday the 25th June, 1982 a series of events which started out as harmless horseplay resulted in the applicant sustaining an injury to his face and caused him to exchange heated words with the cause thereof, the male respondent. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2593 The injury so referred to resulted in the applicant being excused by his medical adviser from attending work during the following week, the week commenc- ing the 28th June, 1982 and in which week, the appli- cant sought further medical treatment. The applicant contends that he kept the respon- dents' office aware of his condition, but the respon- dents deny that they were so advised by their office people, at least on the first such occasion, Tuesday the 29th day of June, 1982. On Thursday the 1st day of July, the applicant was telephoned by the female respondent who informed the applicant that a continuation of the employment was untenable, due to the now strained relationship between the applicant and the male respondent. The applicant went to the respondents' factory and collected his pay envelope which he had been advised during that telephone conversation, was ready for him. That contained two days' wages and holiday pay. The applicant contends that the moneys paid to him in lieu of notice were inadequate in the light of being unfairly dismissed. The respondents submit that the incident on Friday the 25th day of June, 1982 was the "straw that broke the camel's back" in that they were concerned at his attitude to people and several instances were recited in support of those views. That defence strikes me as being unacceptable in that if they were so concerned at the alleged deficiencies in the applicant's performance on their behalf, the respondents could have caused the con- tract of service to be terminated at an earlier date. It was in my view, as is so often the case, a dredging up of matters for the sake of a defence. I consider that clearly the relationship between the parties could not have satisfactorily endured after the events of Friday, 25th June, and to that extent termination of the relationship was not unfair. The manner of the termination was however, in my view, unfair and the applicant should, in my view, have been given a greater payment in lieu of notice than he was given. I consider an amount of one week's wages would have been appropriate and the minutes of the pro- posed decision to be made in determination of this application will so provide, such amount being reduced by the two days already paid. The parties may speak to those minutes if they so desire at 10.15 a.m. on Tuesday, 7th September, 1982. Decision accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 590 of 1982. Between Suzanne Maree Jeffery, Applicant, and F. P. Woodmore Pty Ltd, Respondent. Before Mr Commissioner G. A. Johnson. The 17th day of September, 1982. Miss S. M. Jeffery on her own behalf. Mr F. P. Woodmore on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: This claim arises out of the contract of service and involves amounts to be paid on termination. The employee was engaged to man- age the settlements division of a land and estate agency and her contract of employment is described in a letter of appointment. A number of matters are specifically dealt with and, for the rest, the letter contains the following— (5) Other terms of your employment not ex- pressly covered here will be in accordance with the Clerk's (Commercial and Professional Ser- vices) Award which has been adopted by the Settlement Agents Association and the Real Estate Institute. (Exhibit "A",) The applicant maintains that she should have re- ceived two weeks' notice of the termination of em- ployment or pay in lieu on two grounds; it is the usual practice in the industry to give two weeks' notice and, so far as her position was concerned, it was suf- ficiently important to warrant at least two weeks' notice or pay in lieu. Her claim has to be read in a context where there was no specific reference to notice in the letter of appointment and the award referred to in (5) above requires one weeks' notice. The applicant acknowledged that she was aware of the reference to the award in the letter of apointment but had not sought out the award to ascertain the conditions of her employment in the areas not speci- fied by the letter. The terms of the contract are quite clear. There does not appear to be any room to allow those clear terms to be displaced by the evidence of practice and the claim must fail. Certain other adjustments are admitted by the em- ployer and an Order will issue for those amounts. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 584 of 1982. Between Robert White, Applicant, and Andrew James Kelly and Jill Elizabeth Kelly trading as "Stylistic Furnishings", Respondents. Order. HAVING heard the applicant on his own behalf and Mr J. Birman on behalf of the respondents, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the respondents pay to Robert White of 25 Willow Way, Maddington, the amount of $165.00 within 21 days of the date hereof. Dated at Perth this 3rd day of September, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 590 of 1982. Between Suzanne Maree Jeffery, Applicant, and F. P. Woodmore Pty Ltd Respondent. Order HAVING heard Miss S. M. Jeffery on her own behalf and Mr F. P. Woodmore on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That F. P. Woodmore Pty Ltd shall pay to Suzanne Maree Jeffery the sum of $144.90 within seven days of the date of his Order. Dated at Perth this 17th day of September, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. WESTERN AUSTRALIAN INDUSTRI AL GAZETTE. [27th October, 1982. 2594 DISPUTES— Orders made under Section 44— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR268 of 1982. Between Amalgamated Metal Workers and Ship- wrights Union of Western Australia, Claimant, and Hon. Minister for Works and Water Re- sources, Respondent. Before Mr Senior Commissioner D. E. Cort. The 20th day of August, 1982. Mr J. Sharp-Collett on behalf of the Claimant. Mr N. R. Whitehead on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: The memorandum of mat- ters for hearing and determination, pursuant to sec- tion 44 of the Industrial Arbitration Act, 1979 involves a claim by the Amalgamated Metal Workers and Shipwrights Union of Western Australia that employees of the Hon. Minister for Works and Water Resources eligible for membership of that union who are employed at depots of the Public Works Depart- ment situated at Port Hedland and Karratha and who are required from time to time to work away from those depots be paid additional allowances and for time spent travelling to and from the several work sites away from the depots. A number of inspections were carried out from the Port Hedland and Karratha depots and, subsequent thereto, the claim was presented by the union in a somewhat different form to that set out in the mem- orandum. In that circumstance it seems desirable, first, to refer to those inspections and in so doing to outline the work performed by the employees con- cerned. Generally, the function of these employees is in connection with the supply of water and the treatment of sewerage and involves the maintenance of fixed and mobile plant both "on site" and in the workshop. At times employees are engaged on con- struction work in which case the appropriate con- struction allowance prescribed in the Engineering Trades (Government) Award No. 29, 30, and 31 of 1961 and 3 of 1962 is payable. That is the award which applies to the employees referred to in the memorandum and, in so far as is relevant to the question now before the Commission, a sewerage al- lowance which is not prescribed by the award is also payable. The allowance is designed to compensate workers for disabilities experienced in carrying out live sewer work. No question is raised in relation to that payment and the disabilities referred to may therefore be set to one side in determining the pres- ent claim. Twenty two tradesmen and seven trades assistants directly affected by the claim of the union are based at the Port Hedland workshop. Those of the em- ployees in the mobile plant workshop are seldom re- quired to work "outside" but could be-required so to do in the event of a vehicle breaking down or they may be called upon in an emergency or in the special case to carry out the work usually performed by workers in the fixed plant workshop. Referring now to those fixed plant workers, and the classification of fitter will be mentioned although several trades as- sistants are involved, it is estimated, with qualifi- cation, that about half of their time is spent "outside" the workshop travelling to the several sites and at which fixed plant is inspected and minor maintenance work carried out. Major overhauls are done in the workshop which was inspected as were the facilities available thereat to the workforce. The inspection party visited the Yule River Bore Field about 60 kilometres south of Port Hedland and had described to it the work carried out by fitters in the pump house, the chlorination plant, in valve pits, the power house and at the bores, of which there are 39. The amenities block, which is presently being up- graded, was also inspected. Without attempting to detail exhaustively the conditions under which workers performed it is observed, first, that in some cases it is carried out in the open without shelter although in others where that is not the case it is not suggested that it is similar to working in the work- shop at Port Hedland; next that it is not always poss- ible to use the amenities provided in that the placement of the bores is such that the midday meal is taken on the job and finally, that the "bore pulling crew" includes a truck driver—crane driver who under the relevant award of the Australian Workers Union is entitled to be paid an industry allowance. That allowance will be referred to later. In South Hedland an automatic booster pump, a "major" pump house and the No. 1 Sewerage Station was inspected. The De Grey River Bore Field was visited next with its several bores. It is situated about 70 kilometres north of Port Hedland and again the work in connection with those bores was described in some detail as was work in valve pits, at the Strelley Pumping Station, which incorporates lighting plants, and the chlorination plant. A large workshop in the area which is available for the use of fitters and others was noted. Finally in the Port Hedland area a sewerage pump station and the water storage facility at Spinifex Hill was inspected with its electric and diesel pumps. The Commission was advised of the regular inspec- tion and maintenance visit by fitters to Marble Bar, Nullagine and Wittenoom and the bore field at Marble Bar was subjected to inspection. At Karratha 14 employees being fitters, mechanics and trades assistants are employed. Two welders, not subject to the control of the mechanical foreman, are also at the depot but work directly with Australian Workers Union workers and are "generally" out in the field. It was estimated that the fitters spend about 80 per cent of their time outside the workshop and the mechanics about 40 per cent in relation to breakdowns and being required to proceed to other centres to carry out repairs on motor vehicles. In addition to inspecting the workshop and the amenities which are provided the inspection party visited the Millstream Bore Field including the depot area and all it entails at which the work carried out by fitters and conditions under which it is performed were described. Whilst there were several differences between Millstream and other bore fields it may be said that, in the broad, I was not able to discern any real difference between the work and those con- ditions and that described for employees based at Port Hedland. Some of the bores were covered, others were not, and the large workshop at Mill- stream which is available for the use of employees from Karratha was also noted. As was the case in the Port Hedland major overhauls are carried out at the main depot at Karratha. In addition, the inspection party visited the No. 1 Sewerage Station—Karratha, the II mile water pump station, the water tanks at Tannery, travelled along the pipeline to see the bore field at Roebourne and finally, inspected water tanks on the Burrup Peninsula. The Commission is grateful to the officers of the Department and to the union representatives in en- abling the Commission to view the several depots and the workplaces at which these employees are engaged on their various tasks. With the explanations given it was able to gain a better understanding of the work and the conditions under which it is performed. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2595 It is as well to state that this is not an application to amend the Engineering Trades (Government) Award. It arises from a dispute notified to the Com- mission with respect to the Port Hedland and Karratha depots operated by the Public Works De- partment which was the subject of a conference pur- suant to section 44 of the Act. As was mentioned earlier herein the union, follow- ing the inspection, presented the claim in a somewhat different form from that set out in the memorandum. It sought uniform allowances in relation to both depots and with respect to the several sites at which work is carried out. It should be said that the inspec- tions did not support the relatively substantial differ- ences in allowances shown in the original claim. The union claims that those workers, the subject of the memorandum, who may be required to work outside the depot from time to time be paid an allowance of 29 cents per hour which would cover both time spent working and travelling except that work on the jobs specifically named in the memorandum, and the sev- eral bore fields are exampled, the allowance claimed is 54 cents per hour. It is understood that that amount is the sum of the construction allowance ap- plicable under the award (and others) and the indus- try allowance payable to workers covered by the Government Water Supply Sewerage and Drainage Employees Award No. 2 of 1980. The Engineering Trades (Government) Award applies to tradesmen at large employed by Govern- ment throughout the State and this claim must be viewed in the context of that award. It prescribes an ordinary rate of wage of from $276.60 to $283.90 per week for a tradesman—the service and supplemen- tary payments are now incorporated in that rate—to which should be added the tool allowance of $6.80 and, in so far as is now relevant, a construction allow- ance of $11.40 per week is payable to a tradesman en- gaged on "other" construction work. That allowance includes any amount otherwise payable under Clause 16.—Special Rates and Provisions of the award. Lo- cality allowances are also payable to employees at the Port Hedland and Karratha depots. The aforementioned wage of $290.70, including tool allowance, with the location allowance must be recognised as an appropriate wage for work ordi- narily performed by a fitter in the area who has sev- eral years service and that must also be said in re- lation to the construction allowance of $11.40 per week. It remains therefore to determine whether the circumstances of these employees are such that an additional allowance should be prescribed when such employees are not engaged on construction work. It is clear that, with certain exceptions, these em- ployees are not subject to the disabilities for which the construction allowance was first prescribed in the building construction industry and subsequently in other industries. In other words the work being per- formed is not construction work and to that extent and bearing in mind the constraints placed upon Government Departments the instruction to discon- tinue the payment of the allowance on maintenance work was the correct one. If it were not for the prac- tice which has been established for some years, and to a lesser extent a combination of other factors when coupled with that practice, it is unlikely that there would be need to take the matter further. In that re- gard it should be said that in the normal circum- stance time spent travelling would not, and in my view should not, attract a special disability allow- ance. Nor in context are the circumstances such that the work should be distinguished from that ordi- narily carried out in and around the workshop to cause allowances of the kind claimed to be granted. Be that as it may the practice at Port Hedland is that fitters have been paid the construction allow- ance for all time outside the workshop including any time spent travelling. That did not apply to mech- anics to whom the allowance was not payable unless engaged on construction work. At Karratha the al- lowance is being paid to fitters required from time to time to work outside the workshop, and even when in the workshop, but mechanics have never been paid the allowance even when "outside". It is said that such payments have been made "in error or by mis- take" and should not be taken into account. However the Commission is advised that, from time to time, instruction has issued to the effect that the construc- tion allowance should be paid on construction work only and, whilst this work is not construction, the practice has remained in force for some years. Against the background of that administrative instruction it seems that, until recently, the payment was more of a deliberate act than an error or mistake. It was the announced intention to discontinue the practice which caused the dispute to be notified to the Commission. The other factors of influence—albeit to a lesser extent—is the payment of an allowance to workers covered by the Australian Workers Union Construc- tion and Maintenance Award and the provisions con- tained in the Government Water Supply Sewerage and Drainage Employees Award No. 2 of 1980. It ap- pears that all workers covered by the A.W.U. Award employed at the Port Hedland and Karratha depots whether engaged on construction or maintenance work are entitled to an industry allowance which for the purposes of this judgment, and in view of the disabilities named in the relevant clause and for which it is prescribed, may be likened to a construc- tion allowance. The Commission is told that gener- ally those workers are employed outside the depot for nearly all of their time and being a weekly allowance it follows that, in the context of the claim, it is pay- able for any travelling which may be required during ordinary hours. It is noted that the truck driver working with the fitter in the "bore pulling gang" is paid the allowance. It is also payable to storemen en- gaged full time in the depot but if, as a consequence, there be any anomaly it is not that engineering em- ployees in the workshop are not paid an allowance but rather that storemen when employed in a store at the depot are in receipt of the allowance. Award 2 of 1980 applies to all employees employed by the Metropolitan Water Supply Sewerage and Drainage Board and prescribes an allowance for tradesmen and others engaged in construction work on site. That work is defined to mean and include all work performed on site on the construction, alter- ation, repair or maintenance of roads, reservoirs and drainage works, pipelines, water and sewerage mains and services. It does not include work in, around and/or adjacent to any workshop, depot, yard, pumping station, treatment works, port installation, camp headquarters, nursery or other similar estab- lishments. A Government Water Sewerage and Drainage Allowance is aso payable to all employees covered by the award but that is derived from a con- sideration of wage rates payable in like establish- ments in other States (see 61 W.A.I.G. 869). A claim that that allowance be extended to all district electri- cal technicians covered by this award was refused in April 1982 (62 W.A.I.G. 1009) and I am not per- suaded that this allowance be taken into account. That aside, however, it is the foregoing which has caused me to conclude that an Order should issue from these proceedings. A practice has developed over the years which in the circumstances should not be put to one side except to the extent that it may be seen to be fundamentally wrong in principle. These employees are required to carry out inspections and maintenance work in the open in, at times, somewhat extreme climatic conditions and in a number of cases at least the usual amenities are not available. In ad- dition Australian Workers Union Construction and 2596 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. Maintenance Workers in the area are paid an allow- ance when working under similar conditions and such an allowance is also applicable to similar work in and around the Metropolitan Area. It should be mentioned that in the proceedings other matters such as the allowance paid when away from the depot were discussed but such matters do not fall within the scope of the memorandum. It is my conclusion that the prescribed award rate should stand for work done in and around the depot in that it would be wrong in principle to prescribe a disability allowance when none exists. Subject to what is to follow nor should an additional allowance be applicable to travelling time as such when, for example, a mechanic may be required to proceed from one workshop to another to carry out repair work. It is somewhat different, however, with a fitter who is required to travel from the depot to say a pumping station to carry out an inspection, then, say, to travel to water tanks for that purpose or to per- form minor maintenance work and then, perhaps, travel to a bore field where he is obliged to travel be- tween each of the bores. In that context it is not prac- ticable to distinguish between "travelling" and "working" but in any event the impression gained is that, more often than not, a fitter when outside the workshop on any day is so for the greater portion of that day. In such a case even though he may be at the depot for a short time, as could be the A.E.U. worker, the allowance should be paid for the whole of the day. The minutes of the proposed Order will now issue. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR268 of 1982. Between Amalgamated Metal Workers and Ship- wrights Union of Western Australia, Claimant, and Hon. Minister for Works and Water Re- sources, Respondent. Order. HAVING heard Mr J. Sharp-Collett on behalf of the claimant and Mr N. R. Whitehead on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— 1. That fitters, motor mechanics, welders and tradesmen's assistants employed by the Hon. Minister for Works and Water Re- sources who are covered by the Engineering Trades (Government) Award No. 29, 30 and 31 of 1961 and 3 of 1962 and employed at depots of the Public Works Department at Port Hedland and Karratha shall be paid an allowance of $2.28 for each day upon which such an employee is engaged on work which requires him to be away from the depot for more than four hours on that day. 2. That this allowance shall be in lieu of any al- lowance to which an employee may be en- titled pursuant to Clause 16.—Special Rates and Provisions of the said award. 3. That the allowance applicable to employees on live sewer work which is in operation at the date of this Order shall continue. 4. That this Order shall not apply to a worker who is required to travel from the depot to another depot or workshop to carry out work in that depot or workshop. 5. That this Order shall have effect from the beginning of the first pay period commenc- ing on or after 20th August, 1982. Dated at Perth this 13th day of September, 1982. (Sgd.) D. CORT, [L.S.] Senior Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR379 of 1982. Between Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Brnach, Claimant, and Goerke-Crane Taps (W.A.) a Div- ision of G. E. Crane and Sons Pty. Limited (Incorporated in N.S.W.), Respondent. Before Mr Senior Commissioner D. E. Cort. The 20th day of August, 1982. Dr J. Crouch on behalf of the claimant. Mr C. B. Parks on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: This matter before the Commission pursuant to section 44 of the Industrial Arbitration Act, 1979 is a claim by Australasian So- ciety of Engineers Moulders and Foundry Workers Industrial Union of Workers Western Australian Branch that employees of Goerke-Crane Taps (W.A.)—a division of G. E. Crane & Sons Pty. Ltd (Incorported in N.S.W.)—who were retrenched on the 19th July 1982 or who were advised of the closure of the firm's manufacturing operation in Perth on that date and their pending retrenchment be paid— proportionate long service leave if employed for more than three years; any unused sick leave remaining in credit; the 17'A per cent annual leave loading on any proportionate leave due, and an additional one week's pay for each year of ser- vice. On the 19th July, 1982, Goerke-Crane Taps, which was engaged in the production of brass valves and sewerage components for use in the building indus- try, employed 18 person subject to the provisions of the Metal Trades (General) Award No. 13 of 1965. On that day 14 of those persons were advised of a de- cision to close the factory and each of them was paid all entitlements due under the award and one week's pay in lieu of notice. Those employees were also ad- vised— To many this will be little consolation for your efforts during the year but I can assure you the decision was not reached easily. However, in the light of the current recession combined with in- creased wages, costs and the loss of productivity caused by the 38 hour week, it is impossible for us to compete with other manufacturers with more sophisticated equipment. I can only hope that you all find suitable alternative work soon to lighten the burden to you and your families of not having a regular em- ployment. Another four persons were asked to consider remain- ing with the firm for a short period of up to six weeks for the purpose of phasing out operations and pack- ing plant fixtures and fittings. The commission is told that in May 1978 G. E. Crane & Sons Pty. Ltd. which also operates in New South Wales and Queensland purchased the foundry operation known as Paul Goerke & Company and in December 1979 established a trading division in this State known as Watson & Crane (W.A.). It is the manufacturing division—Goerke-Crane Taps—that has ceased to operate in this State in that Watson & Crane continues to trade in general plumbing supplies albeit with reduced staff. The Commission is also told that "financial constraints" also caused the company to retrench a number of production workers in other States (about 80) and that in no case were payments made to those workers in excess of en- titlements due under the relevant award. It was said that the financial position of the industry was such that it would be imprudent to make any additional payment such as those sought by the union. 27th October, 1982.J WHSTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2597 The brass foundry (P. R. Goerke) has operated in this State since at least 1938 and it is somewhat sur- prising to note the structure of the workforce. Of the 18 employees involved 11 have less than 12 months' service and only two have more than 10 years' ser- vice. Of the nine employees aged 40 years or over, six have less than 12 months' service and the remaining three, have two years, four years and 13 years' service respectively. One of those three is over 50 years of age. The submission by the union is a straight forward one. It is said that, more generally in recent time, agreements have been reached between employers and unions in relation to redundancy payments; that in discussion with the union, which was confirmed by letter in June 1981, whilst this employer confirmed that there was no standing company policy for redundancy payments the firm stated that payments of this type would be negotiated on the circum- stances existing at the time and agreed that should retrenchments be necessary then the union would be prior notified of the job classification (exhibit A); that in July 1982 the aforestated "understanding or pledge" was not fulfilled and accordingly the union now seeks by arbitration to gain a reasonable redundancy scheme; that for that purpose agree- ments reached between other unions and employers are a relevant consideration and particularly having regard to the diverse nature of the industries em- braced by those agreements (refer exhibit C); that in today's economic circumstances with rising unem- ployment the employees will have considerable diffi- culty in finding alternative employment and accord- ingly should be allowed severance payments in ad- dition to what is prescribed by award; that severance pay has been awarded by industrial tribunals (see Air Pilots case 122 CAR 951 and John Lysaght case 149 CAR 846), and that in a number of cases the Com- mission has ordered payment for proportionate long service leave on a more favourable basis than that prescribed by award (refer Ingle's case 59 W.A.I.G. 400 and St. John of God Hospital case 61 W.A.I.G. 1150). The approach by the employer may also be de- scribed as straight forward to the extent that it is said that retrenchments are not new in this industry; that the award recognises that such terminations will occur and specifies that to which an employee is en- titled and that retrenchments brought about by a down-turn in the industry whould not attract ad- ditional payments beyond those due under the con- tract of service whether the terms of that contract be prescribed by award or in an arrangement. In 1974 in the Sandover McLean's case the Com- mission as presently constituted was called upon to consider a claim for the payment of proportionate long service leave and for a termination allowance to employees retrenched by that firm when it ceased op- erations at premises in Belmont (54 W.A.I.G. 1231). In an appeal from that decision the Commission in Court Session said— In determining that issue (whether the Com- mission erred in the particular case) it is relevant to note at the outset that, at the time which the employer decided to close his premises the award which applied to the workers with whom we are presently concerned already prescribed the obli- gation to which the employer was subject in re- spect of long service leave and other leave upon termination of employment and in respect of no- tice of termination of employment by the em- ployer where such termination was due to no fault on the part of the worker. In other words, general rules applying to redundancy were already prescribed and the proper starting point for any enquiry was therefore whether there were factors in the particular case which war- ranted a departure from the general rules so pre- scribed ... and later— As we have already mentioned we are not in these proceedings nor, for that matter, was Cort C. in the proceedings under appeal, attempting to lay down any general principles to apply to the retrenchment of workers from industry. The proper place for the expression of such general principles is in the award and that is where they are currently to be found. Cort C. was dealing with a particular case of retrenchment and he ex- pressly saw it as his task, if he was to depart from the award, to find in the circumstances of the particular case elements which.made it dis- tinguishable from what he called the "ordinary" case for which the award might be thought to have been designed. In our opinion that ap- proach was plainly the correct one... (55 W.A.I.G. 631 at p. 632.) In 1975 (Hospital Employees Union and Cromane Hospital) the Commission determined that the award provision in force should stand and refused a claim that an amount referable to long service leave be paid to employees with less than 10 years' service. In that matter the aforementioned Sandover McLean's case was called in aid (55 W.A.I.G. 1821). On appeal the Commission in Court Session stated— The question raised by this appeal is therefore whether the Sandover McLeans Ltd. decision which was the subject of an appeal to the Com- mission in Court Session (55 W.A.I.G. 631) es- tablished a principle which should have been ap- plied to workers retrenched from employment with the Cromane Hospital, and later— ... and in so doing (dismissing the appeal by the unions in the Sandover McLean's case) the Com- mission in Court Session emphasised that the proper place to give expression to any general principles to apply to the retrenchment of workers from industry was in the award and that, not being asked to say whether the positive provisions of the order were justified, no opinion would be expressed thereon. We do not accept therefore that in those ap- peal proceedings the Commission in Court Session approved the action taken by the Com- mission in the Sandover McLeans Ltd. case in departing from the award provisions so as to cre- ate a principle which other members of the Com- mission were bound to follow. We re-state the opinion expressed by the Commission in Court Session that the general principles to apply to the retrenchment of workers from industry should be expressed in the relevant award and in the particular circum- stances of this case we find no cause to interfere with the decision of the Commission. (56 W.A.I.G. 143). To my mind that general principle stands. What then is the particular circumstance which in this case requires a departure from that principle. However, first, it seems desirable to refer to other judgments of the Commission which appear to be rel- evant. In 1979 (Ingle's case) the Commission, in consider- ing a claim which arose when the employer sold its premises at Kewdale and set up business elsewhere on a more limited scale, found that the circumstances justified the making of an order allowing each worker who was retrenched "compensatory payment in the nature of pro rata long service leave calculated on 50 per cent of the service of each worker" (59 W.A.I.G. 2598 400). That approach has been adopted in other cases and more recently in 1981 in the St. John of God Hospital case (60 W.A.I.G. 1150) although it is appo- site to remark that in that matter, after mentioning a judgment of the Commission in Court Session in 1960, the Commission felt that it "confirms the prac- tice that in the special case payment made be ordered notwithstanding the provisions of the (award)", (page 1151). That 1960 judgment of the Commission in Court Session (60 W.A.I.G. 287) was on an appeal from a decision of the Commission which adopted the reasoning in "Ingle's case" and therein reference was made to a judgment of the Commission in Court Session which had reviewed the standard long service leave provisions (see 58 W.A.I.G. 116). The Com- mission said in its 1960 judgment— It should not be thought, however, that all dis- missals of workers with less than 10 years' ser- vice should necessarily attract a proportionate payment for long service leave otherwise the Commission in Court Session would have so pre- scribed. and on the facts the order under appeal was set aside. Exhibit C contains detail of a number of under- standings reached between unions of workers and employers in this and other States with respect to redundancy. Without doubt that material reflects the outcome of industrial conciliation between the par- ties thereto, although it is not known whether or not, in the light of the aforementioned decisions of the Commission in Court Session in this State, those par- ties felt that each was a special case. Be that as it may, it is not accepted that those understandings, when viewed as a whole, create a circumstance which should cause this Commission to require an employer objecting thereto to make additional payments to employees retrenched by reason of a downturn in trade and economic considerations including in- creases in wage rates and reduced working hours. It is . different where the concept of a payment to em- ! ployees is acknowledged by the employer and the Commission is called upon to determine, say, the ex- tent to which the union's claim or the employer's proposition is the more reasonable (refer Australian Iron & Steel case 62 W.A.I.G. 1782). What is of concern is the manner by which notice of dismissal was given to the employees concerned. In the circumstances it was a callous act. In 1981 it was agreed in conference (attended by a representative from "head office") that redundancy payments would be negotiated "on the circumstances existing at the time" and that should retrenchments be necessary the union would be prior notified of the job classification. The union's expectation of a scheme being negotiated of a kind contained in exhibit C may well have been ill-founded, but a notice of dismissal (one week's pay in lieu) and a statement to the union that the award conditions would apply and nothing else, could hardly be described as negotiation. That having been said, I take the view that even if dis- cussion had proceeded with the union, it would have been unlikely that the approach of the employer "on the circumstances existing" would have changed the decision reached. Other than in tw© respects in the economic circum- stances I am unable to conclude that this matter falls within the term "special case". The employees of this division of G. E. Crane & . Sons Pty. Ltd (Incorporated in N.S.W.) should be treated no less favourably than employees retrenched in New South Wales. The Commission is told—and this is not challenged by the union—that no ad- ditional payment was made to those employees but in that State proportionate long service leave is due after five years' service. That should be the case here. Next, whilst the evidence touched upon the question of the "obligation" which one party has to the other under a contract of service in that it was established that in times of plenty employees in this industry give notice and move to "greener fields" and in other times retrenchments have been made by employers by the giving of due notice, I am satisfied that the employer has an obligation to the employee named in exhibit 4 who submitted his registration in 1981 but withdrew it at the employer's request. It is known that that employee was retained to phase out the op- erations of the firm but the parties should confer in order to establish the means lay which that obligation may be met. The proceedings will stand adjourned for that pur- pose. Failing agreement the Commission, on being in- formed as to the specific facts, will draw an appropri- ate order. It is unfortunate that a combination of factors has caused this firm to cease production in this State. Ex- cept in the aforementioned two respects I do not re- gard changes in labour costs by reason of increased wage rates and reduced working hours as a circum- stance which places a greater obligation on the em- ployer than is prescribed by award. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR379 of 1982. Between Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Brnch, Claimant, and Goerke Crane Taps (W.A.)—A Division of G. E. Crane and Sons Pty Limited (Incorporated in N.S.W.) Respondent. Order. HAVING heard Dr J. Crouch on behalf of the claim- ant and Mr C. B. Parks on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— 1. that each employee of Goerke Crane Taps (W.A.)—a Division of G. E. Crane and Sons Pty Limited (Incorporated in N.S.W.) bound by the Metal Trades (General) Award No. 13 of 1965 whose services were terminated on the 19th day of July, 1982 or later and who on that date of termination had completed at least five years' service shall be paid such moneys as would have been due to him if he had been allowed long service leave in such proportion of 13 weeks leave as the number of completed years of his service bears to 15 years. 2. that machinist M. Fuller be paid such ad- ditional moneys as have been agreed be- tween the Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of 'Workers, Western Australian Branch and Goerke Crane Taps (W.A.)—a Division of G. E. Crane and Sons Pty Lim- ited (Incorporated in N.S.W.). Dated at Perth this 7th day of October, 1982. (Sgd.) D. CORT, [L.S.] Senior Commissioner. 27th October, 1982. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR43B of 1982 Between The Australian Workers' Union, West Aus- tralian Branch, Industrial Union of Workers, Claimant, and Cliffs Robe River Iron Associates, Respondent. Before Mr Commissioner G. G. Halliweil. The 29th day of April, 1982. Mr W. Tew and with him Mr M Baird on behalf of the Claimant. Mr 0. C. Moon and with him Mr M. G. Maslij on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: The matters referred to the Commission for hearing and determination, pursuant to section 44 of the Act, are:— The Union claims:— (1) that the Horticultural Tradesman, as defined, should in addition to the nor- mal wage rate and other allowances as prescribed in the CRRIA Iron Ore Pro- duction and Processing Award No. 10 of 1979, receive a Tool Allowance of $7.20 per week. The Company objects to and opposes the claim. (2) that Mr N. Capill be paid overtime rates for 3rd January, 1982. The Company objects to and opposes the claim. When the above matters came on for hearing at Karratha, Item 2 was stood over by agreement and two further items were referred to the Commission pursuant to section 44. They are reclassification of landscape crew at Pannawonica and wage rates for the chainman grades one (1), two (2) and survey instrument hand grades (1) and (2). Horticultural Tradesperson—Tool Allowance. The arguments on this matter may be shortly stated in that the Union claims that aO other tradesmen employed receive the same tool allowance regardless of the amount of basic tools required to be provided. Thus, as a matter of principle, the tool al- lowance should be extended to the horticultural tradesperson. The Respondent argues that it requires all tradesmen to provide basic tool kits with the excep- tion of the horticultural tradesperson. It follows, so it is argued, that as the company does not require pro- vision of a basic tool kit the tool allowance should not be extended as claimed. The Commission was provided with lists of the basic tool kits for all trades employed by the Respon- dent. From an examination of those lists it is plain that there is substantial variation in the number, type and cost of the basic tools provided, e.g. by a painter and plumber, but the allowance paid is the same. However, the Respondent is adamant that it does not require a horticultural tradesperson to pro- vide a basic tool kit. Such a decision is a matter prop- erly for the Respondent to decide and the Com- mission should not interfere with this managerial prerogative. As the basic of payment of the allowance is the requirement to provide a basic tool kit rather than the amount of tools in the kit and as there is no such requirement of the horticultural tradesperson the claim must be refused. Reclassification of Landscape Crew, Pannawonica. The basis of the claim is best set out in Mr Baird's own words:— There was general agreement to that but sub- sequently there was a further change that there were only to be two grades of horticultural ser- viceman—that is a horticultural tradesman and a grade one and grade two serviceman. Grade 3 was omitted. The rates were agreed on at that stage although there was a subsequent claim at the same time by the Lambert town crew. An offer similar to the offer made to the Pannawonica horticultural section was made to the Lambert people but they knocked it back and took it to a commission. They subsequently improved on the particular company offer. Since that point in time it has been regarded on our side as an outstanding issue and one we see as a claim that has to be made to bring us up to parity with the Lambert town crew basically because the equipment is the same and the duties are the same. As an interim measure, what we have been pushing for has been to go back to the classifi- cation of the horticultural workers—a reclassification based on the machinery they are operating. (Transcript page 33.) (Emphasis mine.) For the Respondent it was submitted by Mr Moon, inter alia, that:— Mr Commissioner, the company's position is that the company wishes to amalgamate the two crews servicing the town into a single crew, re- taining the two crews as they presently exist basically as two separate sections within the crew, but with flexibility between the sections, requiring employees to work as required by the company pursuant to their contract of employ- ment as dictated by the operational require- ments of the company in servicing the township of Pannawonica. The company would therefore submit that as agreed between the union and the company dur- ing the last agreement negotiations, the classifi- cations and rates of pay for the Wickham town crew and the Pannawonica landscape crew were struck in accordance with the range of duties performed by the respective crews; and it follows that the higher rates struck for the Wickham town crew were in respect of a wider range of duties they performed than the Pannawonica landscape crew. Not only had they to perform landscape duties which are performed by the Pannawonica landscape crew, but they also perform the nor- mal duties associated with the normal town maintenance, similar to that of the Pannawonica crew who perform those duties to the exclusion of landscape duties. (Transcript pages 38 and 40). From the material put forward the Commission has concluded that as there are minimal differences in the operations required by the company at Cape Lambert and Pannawonica the classifications and definitions thereof which presently exist at Cape Lambert, shall be adopted at Pannawonica. As the wage rates for these "new" classifications were orig- inally set by arbitration by the Commission (Collier C, 62 W.A.I.G. at 165) the Commission, as presently constituted, determines the same wage rates as pres- ently exist for the Cape Lambert townsite serviceman Grades 1 and 2 for these classifications which now come into existence at Pannawonica. Wage Rates—Chainman Grades 1 and 2 and Survey Instrument Hands Grades 1 and 2. The claim here is based on the following grounds:— It is a claim for higher rates for chainmen and instrument hands employed by Cliffs Robe River at Pannawonica. 2600 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. The claim specifically with regard to the schedule in the agreement (the wages schedule) is for an increase of, for the chainman grade one, $16, chainman grade two, $25.50, instrument hand two, $36.50 and instrument hand one, $28.60. There are substantial changes of circum- stances. They have occurred over the years. There will be more in the future with the introduction of equipment and the different pro- cedures for these people. The automation of the thing has come in. People working in that area are expected as they gain experience to do a lot more work with the use of this equipment. They will be doing a lot more work, a lot more planning, than they have done before. This work would have been left to people in staff classifi- cations. The essential part I am trying to draw to the attention of the Commission is that when the classifications were originally drawn up the workers were basically working under super- vision of engineers, surveyors and in some cases draughtsmen. With the introduction of the new equipment—the people who are now employed in these classifications are generally those with a fair aptitude and they are expected to perform well with this equipment being introduced. There is a greater range of duties—turn out more professional results. They will not be under supervision, of course, in most cases. (Transcript pages 2 and 4). and by way of evidence and submissions Mr Tew ex- panded upon the abovequoted claims. The Respon- dent's position is contained in a letter to the Union (Exhibit M-3) of 22nd February, 1982 wherein it is said, inter alia:— In the relativity discussions in September and October last year it was agreed that relativities would stand unless there is a change of circum- stances. The agreement of relativities is now re- corded as subclause (10) of Clause 35. Whilst circumstances may have changed slightly, the company is not satisfied that these changes represent a significant enough change of circumstances involving a consequential increase in skill and/or responsibility so as to justify a re- view of wages. (Transcript page 18.) (Emphasis mine.) The Commission is placed in a difficult situation because at the time of this writing agreement has been reached between the parties on new wages for all classifications covered by the Union. Thus, the change of circumstances referred to in Exhibit M-3 had to occur between September/October 1981 and the present date. From the material put forward by Mr Tew, as to the duties and responsibilities of the subject classifi- cations, the Commission has concluded that the responsibilities have become more onerous which, together with the increase in day to day responsibilities due to present reduced supervision, necessitate an upward reappraisal of the wage rate levels of the classifications concerned within the very recently agreed wage rate structure of AWU classifi- cations. As no detailed information is before the Commission on this issue i.e. the "correct" relativity, the parties are directed to confer with a view to reaching agreement on the matter. Equipment Maintenance Operator/Trades Assistant (EMO/TA's). The present position as the Commission under- stands it is that by agreement two (2) EMO/TA's are provided per shift, per workshop, plus one for shovels and drills—a total of thirteen (13) EMO/TA's It is plain, from Mr Baird's submission, that:— ... the classification was struck for the driving as opposed to the operating of plant. . . (Transcript page 45.) It seems to me to follow that in the ordinary course the higher duties clause of the Award operates to take care of operating equipment, rather than the moving by driving that equipment around the work- shop etc., for maintenance purposes. The Respondent's position on the Union's second claim for "portability" of the EMO/TA classification was:— The company would argue that should an em- ployee seek a transfer out of the classification of EMO/TA to a lesser paid classification he does so of his own free will and the decision to do so is his and his alone. There can be no justification in him, or for theat matter the union seeking for such an employ to retain the rate of pay paid for work he will not perform nor will he be required to perform. (Transcript page 48.) Provided the Respondent adheres to its agreement to provide 13 EMO/TA's (as above) the Commission is not prepared to require more than that to be done. "Portability" of the EMO/TA classification is, there- fore, refused. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR43B of 1982. Between The Australian Workers' Union, West Aus- tralian Branch, Industrial Union of Workers, Claimant and Cliffs Robe River Iron Associates, Respondent. Before Mr Commissioner G. G. Halliwell. The 20th day of August, 1982. Mr W. Tew and with him Mr M. Baird on behalf of the Claimant. Mr O. C. Moon and with him Mr M. G. Maslij on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: The matter referred to the Commission for hearing and determination, pursuant to section 44 of the Act, is that Mr N. Capill be paid overtime rates for 3rd January, 1982. The Company objects to and opposes the claim. Simply stated, the Union's claim is that custom and practice over the past four years has been that where overtime is incorrectly given to a person, the person who "missed his turn" is to be paid for the overtime incorrectly allocated elsewhere. Documen- tation was produced to support the above contention by Mr M. Baird. For the Company Mr Maslij summed up the position, inter alia, as follows:— It should be stressed that neither the individ- ual nor a union can rightfully dictate to whom an offer of overtime will be made. The bare facts of this matter are that the company has made everybody concerned fully aware of the appli- cation of the policy and has lived up to its com- mitment to equalise the offer of overtime within a particular crew or section where the work re- quirements are basically the same. The records substantiate this. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2601 Finally and specifically, Mr Capill was not offered overtime work on Sunday, 3rd January, 1982 and did not work overtime on that day. It can only be concluded that Mr Capill has no en- titlement for overtime payment for Sunday, 3rd January, 1982. May it please the Commission. (Transcript page 149.) It is plain that up to at least 9th September, 1981 the Union's contention (above) is correct, however at that date a new overtime policy was issued. When the AWU queried the new policy, on the as- pect now before the Commission, it was advised on 19th November, 1981, inter alia, that:— Once an overtime period has been organised it should be worked and paid as has been the case in the past. Historically this has worked well. Mr Baird stated that:— In February 1982 as part of discussions on CR43, when the company was giving details answers on the OT allocation system, every de- partment apart from maintenance is in line with the AWU policy. The only exception is the maintenance area in which the company has stated that they want a change. I will read out the statement on it. In respect of the allocation of OT in the maintenance department, every attempt will be made to share OT between workers of a particular classification, all classifications in the case, for example, of MOTAs and TAs within individual sections and crews. This will be done on a round-robin basis but not necessarily based on an individual shift. The maintenance foreman responsible for each crew or section at each location will keep a record of OT offered on an as and when required basis. Note: The records will show that since 4th November 1981 overtime offered and worked within the maintenance department has been shared as evenly as practically possible. So the variation between our policy and the company's stated new policy was that it would be done on a round-robin basis but not necess- arily based on an individual shift. We had stated that each shift would have its own allocation method and specifically in the Capill case, Sunday work would go to the day shift in that section. (Transcript pp. 132, 132A and 133.) In the result the Commission is not able to con- clude with respect to the maintenance department that the same "enforcement" provisions apply as they do elsewhere in the operations at Pannawonica. The claim must, therefore, be refused. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR43B of 1982. Between The Australian Workers' Union, West Aus- tralian Branch, Industrial Union of Workers, Claimant, and Cliffs Robe River Iron Associates, Respondent. Before Mr Commissioner G. G. Halliwell. The 17th day of September, 1982. Mr W. Tew on behalf of the Claimant. Mr D. Moss and with him Mr M. Maslij, on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER,: These several matters were referred to the Commission pursuant to section 44 of the Act in the following terms:— The Union claims:— (1) that the unsupervised tradesman allow- ance should apply to the classification of Cook Other in the Track Crew. The Company objects to and opposes the claim. (2) The Union claims that when members of the track crew are engaged in the training of other employees that they be paid a training allowance. The Company objects to and opposes the claim. (3) the Union claims that when employees are working without supervision or ap- propriate supervision that they be paid an unsupervised worker allowance. The Company objects to and opposes the claim. For the Union Mr Tew outlined the background to the matters, inter alia, as follows:— The workers in that area are expected to learn to operate machinery such as the electromatic (which is a tractor grade one rate), mainline tamper, ballast regulator which attracts a grade two rate and track lineman which is a grade two rate. It is considered by people who are com- petent on the electromatic that it takes at least six months to reach a level of competency. It is the same for the mainline tamper, the ballast regulator, the track liner and the Hi-rail. They require at least three months. That is what is considered by the operators to achieve com- petency in operating. There is no training allowance paid at Cape Lambert for people who train or are required to show other operators how to use those machines. However, at Cape Lambert there is a leading hand on each machine when there is an operator learning the basics of that machine. Conse- quently, the operator who is receiving a leading hand rate is receiving more than the one who is learning- Contained within the agreement there is a training allowance for a Haulpak driver of $1 per day. The person who does a lot of the training and is the most competent person on the drills is the leading hand. He receives a rate of some $22 per week above that of a senior driller. An FED shovel operator, once he has passed out, may be required to show another prospective op- erator how to operate that shovel. If he puts him through his training he receives ~$250 as a set amount. He must understand switch operations and be familiar with where the train control department is and what is involved there and pass an oral examination first and then a written examin- ation before he is deemed competent and then 2602 able to hold a certificate of competency under the Mines Regulations Act which allows him to operate machinery on that track. (Transcript pp. 53, 54 and 56.) (Emphasis mine.) By contrast the Company takes the position that:— It is the contention of the company that it is an implied term in any workers contract of em- ployment that they demonstrate their duties and impart their skills to other employees on a side by side on the job basis. If this were not the case apprentices, for example, would never become tradesmen and unskilled people or trainees would never obtain their skills and progress to other classifications. They could not progress un- less they were trained. In saying this, I am distinguishing between the normal on the job side by side demonstration of Tob knowledge and demonstration of skills as against some specialist job instructor/training officer-type position. When looking at an individual employee's con- tract of employment, in the absence of anything definitive in the award or otherwise written, one has to look at the traditions and the customs and employee is engaged. (Transcript pp. 80, 81.) "(Emphasis mine.) Several decisions of the Commission were relied upon as confirming the approach taken by the Company. Finally, it was submitted that where ad- ditional payments are made for training, their cir- cumstances are not properly comparable with those of the track crew. Evidence was called by both parties which, in the result, satisfies the Commission that the training of new operators has, in the past, been by other oper- ators and has been accepted as an implied term of their contract of employment. Further, the Company's evidence of on the job training by quali- fied staff personnel, particularly Mr Berkholtz, miti- gates against any allowance and the claim is refused. The next matter is a claim that where employees are working either without or without "appropriate" supervision they be paid an unsupervised worker's al- lowance. This claim, it was stated, extends to the classification of "Cook Other" employed in the mainline track crew. Mr Tew stated the basis for the claim as being:— I only need to be quite brief in this one. What we are claiming here is basically in relation to an allowance which is paid to metal tradesmen and tradesmen as contained in the Agreement No. 10 of 1979. There is one AWU horticultural tradesperson at Pannawonica and that person receives an al- lowance as prescribed in the wages clause, whilst working there supervising and being the only tradesperson in that area and, because the fore- man in charge of that area is not qualified as a tradesman in horticulture, that person picks up that staged margin. That specifically sets out that the company re- quires previous supervisory experience in a simi- lar area and trade qualifications and, if the tradesmen, such as boilermakers, fitters and machinists, find themselves working under supervision which does not have those qualifi- cations, they pick up an allowance as stipulated in the agreement. All we are asking is that, as that allowance applies to our members working in the horticul- tural trade and as it also applies to the trade cooks in the mess who may be working on back shifts without supervision there which is quali- fied, they also pick up that allowance and that it be paid by the company. We are asking that this allowance apply to all members of the AWU in the production section throughout the operation at Pannawonica. (Transcript pp. 100, 101, 102, and 104.) Mr Moss summarised the Company's opposition in the following manner:— The situation is that the extra responsibilities must be discharged without the facility to con- sult a superior with the same or higher trade qualifications or competence and consultation may be either by telephone or radio. The staff person need not be physically available. The union case wants to remove the distinc- tion between tradesmen and non-tradesmen. It is quite apparent, looking at these decisions, the various provisions relating to shift tradesmen's allowance and the unsupervised tradesmen's al- lowance, that they do all relate to tradesmen. A non-tradesman working alone without supervision, by the very nature of training in the duties he is expected to perform and the skills that he is required to have to undertake those duties, will never meet the same wide ranging possible situations that a tradesman may en- counter. The shift tradesman's allowance and the unsupervised tradesman's allowance are re- sponsibility payments for tradesmen because of the wide ranging situations which they may en- counter when working alone and without the benefit of consultation with the competent supervisor. These allowances are not relevent nor are they appropriate for people other than tradesmen. Obviously, the granting of this claim has some pretty wide implications and it would open up Pandora's box on the issue of unsupervised worker type allowances generally. (Transcript p. 110.) From the submissions made the Commission ac- cepts that the unsupervised payments made are to tradesmen only and that they have wider ranging duties and responsibilities than semi-skilled or un- skilled employees. Further, and more importantly, the semi-skilled and unskilled employees ordinarily have access to their leading hand for any guidance needed. However, if leading hands were removed or inaccessible to the employees concerned, it might cre- ate a different situation. On present procedures the claim is refused. Order accordingly. 2603 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION No. CR43B of 1982. Between The Australian Workers' Union, West Aus- tralian Branch, Industrial Union of Workers, Applicant, and Cliffs Robe River Iron Associates, Respondent. Order. HAVING heard Mr W. Tew on behalf of the appli- cant and Mr D. G. Moss and Mr M. Maslij on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979 hereby orders— That notwithstanding the provisions of the CRRIA Iron Ore and Production Award No. 10 of 1979 the weekly rate of wage for the following classifications shall be— Chainman— $ Grade II 267.80 Grade 1 274.50 Survey Instrument Hand— Grade II 274.50 Grade 1 286.30 Dated at Perth this 17th day of September, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Parties Bound. 4. Hours of Work. 5. Rostered Days Off. 6. Shiftwork. 7. Annual Leave. 8. Absence through Sickness. 9. Overtime. 10. Payment of Wages. 11. Transition Allowance 12. Wages Casual Employees. 13. Operative Date 14. Award Clauses Superseded. 3.—Parties Bound. This Order shall apply to the employees of Cockburn Cement Limited who are members or eli- gible for membership of the following Unions. The Australian Workers' Union, West Aus- tralian Branch, Industrial Union of Workers. Building Trades Association of Unions of West- ern Australia (Association of Workers). Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch. The Electrical Trade Union of Workers of Aus- tralia (Western Australian Branch) Perth. Amalgamated Metal Workers and Shipwrights Union of Western Australia. The Federated Engine Drivers' and Firemen's Union of Workers of Western Australia. Transport Workers' Union of Australia Indus- trial Union of Workers, Western Australian Branch. The Merchant Service Guild of Australia, West- ern Australian Section, Union of Workers. The Cleaning, Security and Allied Employees Union. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. C450 of 1982. Between The Australian Workers' Union, West Aus- tralian Branch, Industrial Union of Workers, Applicant, and Cockburn Cement Limited and Others, Respondents. Order. HAVING heard Mr P. McBride on behalf of the ap- plicant and Mr S. Lott, Mr C. Mumme, Mr R. Bellamy, Mr K. Peckham, Mr N. Xavier, Miss M. Kahne, Mr M. Beatty and Mr T. Henderson on be- half of the respondents, and by consent, the Com- mission, pursuant to the powers conferred on it under section 44(8) of the Industrial Arbitration Act, 1979 and all other powers therein, hereby makes the following Order in the terms of the attached sched- ule. Dated at Perth this 16th day of September, 1982. (Sgd.) G. G. HALLIWELL, [L. S.] Commissioner. 1.—Title. This Order shall be known as the "Cockburn Cement Limited (Hours of Work) Order". 4.—Hours of Work. (1) The provision of this subclause shall apply to all employees other than those engaged on continu- ous shift work. (a) The ordinary hours of work shall be an average of 36 hours per week to be worked on the following basis: 72 hours within a work cycle not ex- ceeding 14 consecutive days. (b) The ordinary hours of work may be worked on any or all days of the week, Monday to Friday inclusive and, except in the case of shift employees, shall be worked between the hours of 7.00 a.m. and 6.00 p.m., pro- vided that the spread of hours may be altered by agreement between the employer and the majority of employees in the plant or section or sections concerned. (c) Where the first night shift in any week com- mences on Monday night, the night shift commencing on Friday and finishing not later than 8.00 a.m. on Saturday of that week shall be deemed to have been worked in ordinary working hours. (d) The ordinary hours of work shall not exceed 10 hours of any day, provided that in any ar- rangement of ordinary working hours, where such ordinary hours are to exceed eight hours on any day, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant or section or sections concerned. 2604 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (e) The ordinary hours of work shall be con- secutive except for a meal interval of at least 30 minutes, but not more than one hours' duration. (i) An employee shall not be compelled to work for more than five hours without a meal interval. (ii) Subject to the provisions of placitum (iii) and (iv) of this paragraph, when an employee is required for duty dur- ing his usual meal interval and his meal interval is thereby postponed for more than half an hour, he shall be paid at overtime rates until he gets his meal. (iii) In lieu of the provision of placitum (ii) of this paragraph an employee employed pursuant to the provisions of the Building Trades Award No. 31 of 1966 who is required for duty dur- ing his usual meal interval and his meal interval is thereby postponed for more than half an hour he shall receive payment at double time rates until he gets his meal. Where any em- ployee does not obtain during the shift the full continuous meal period or loses any portion of the meal period, he shall be paid at double time rates for the period not obtained or any portion lost. (iv) In lieu of the provision of placitum (i) of this paragraph the following shall apply to an employee employed pur- suant to the provision of the Cement Workers Award No. 10 of 1967. Work performed in the meal hour or any portion thereof shall be paid for at the rate of double time but this shall not apply to cases involving completion of work commenced be- fore the lunch hour and not occupying more than 15 minutes from the commencement of the lunch hour, in which case the lunch hour shall be extended by 15 minutes beyond the ordinary time. (f) Subject to the provisions of this paragraph, a rest period of seven minutes from the time of ceasing to the time of resumption of work shall be allowed each morning. (i) The rest period shall be counted as time off duty without deduction of pay and shall be arranged at a time and in a manner to suit the con- venience of the employer. (ii) Refreshments may be taken by em- ployees during the rest period but the period of seven minutes shall not be exceeded under any circumstances. (2) The provisions of this subclause apply only to employees engaged on continuous shift work. (a) The ordinary hours of continuous shift workers shall average 36 per week (inclusive of crib time) and shall not exceed 360 hours in 70 consecutive days. Provided that, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 36 ordinary hours is achieved over a period which exceeds 70 consecutive days. (b) The ordinary hours of work prescribed herein shall not exceed 10 hours on any day. Provided that in any arrangment of ordi- nary working hours where the ordinary working hours are to exceed eight hours on any day, the arrangement of hours shall be subject to the agreement of the employer and the majority of employees in the plant or section or sections thereof. (c) Crib time referred to in paragraph (a) of this subclause shall commence not later than five hours from the commencement of the shift and shall not exceed 20 minutes. The crib time shall be taken at such time, and if necessary in relays, so as not to cause a stop- page or operation. (3) When the dredge is remote from Woodman Point and some means of conveyance between the dredge and the shore is necessary to enable an em- ployee to pass from one to the other, before starting or after finishing work upon the vessel at the due time for starting or finishing work, and the time occupied (with a minimum payment of 30 minutes) by the employee before the due time for starting or after the due time for finishing work in travelling by or waiting for such means of conveyance, shall be paid for at overtime rates but shall not count as part of the daily working time. (4) Where the employer desires to vary the starting and finishing times of ordinary hours of any em- ployee or employees covered by this Order he shall give one week's notice of such variation to such em- ployee or employees and post a notice of the intended change on all Company Notice Boards in the relevant section or sections of the plant. (5) Notwithstanding any other provisions con- tained in this Order employees employed as deck hands pursuant to the provision of the Cockburn Cement Dredging Agreement No. 22 of 1971 shall be employed on day work for periods of five weeks sep- arated by periods on continuous shift of 10 and 15 weeks alternately. 5.—Rostered Days Off. (1) (a) Notwithstanding anything contained within this Order and subject to paragraph (b) of this subclause, the 36 hour week will be implemented for all employees other than continuous shift workers by fixing one day of ordinary working hours on which an employee will be off duty during a particular work cycle. This day shall be known as the "rostered day off". (b) Where the rostered day off coincides with a public holiday as prescribed in the Awards listed in Clause 9 (1) (c) of this Order, another day of ordinary working hours shall be taken as the rostered day off. (2) (a) The employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off for another day in the case of a breakdown in machinery, or a failure or shortage of electric power or to meet the requirement of the business in the event of rush orders or some other emergency situation. (b) The employer and employee may by agreement substitute the day the employee is to take off for another day. 6.—Shift Work. (1) The provisions of this clause shall apply to shift work whether continuous or otherwise. (2) (a) Subject to the provision of subclause (8) (a) of this clause where any particular process is carried out on shifts other than day shift and less than five consecutive afternoon or five consecutive night shifts are worked on that process, then employees em- ployed on such afternoon or night shifts be paid at overtime rates. (b) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or any other day that the em- ployer observes a shut down for the purpose of al- lowing a 36 hour week or on any holiday. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2605 (3) Where a shift commences at or after 10.00 p.m. on any day, the whole of that shift shall be deemed, for the purposes of this Order, to have been worked on the following day. (4) Subject to the provision of subclauses (8) (b) and (9) of this clause a shift employee when on day, afternoon or night shift shall be paid for such shift an allowance equal to 15 per cent of the ordinary rate for the classification "Fitter" as prescribed in the Metal Trades (General) Award No. 13 of 1965. (5) (a) All work performed on a rostered shift, when the major portion of such shift falls on a Saturday, Sunday or a holiday, shall be paid for as follows:— (i) Saturday—at the rate of time and one half for the first two hours and double time there- after. (ii) Sunday and Holidays—at the rate of double time. (b) These rates shall be paid in lieu of this shift al- lowance prescribed in subclause (4) of this clause. (6) (a) Subject to the provision of paragraph (b) of this subclause, a continuous shift employee who is not required to work on a holiday which falls on his rostered day off shall be allowed a paid day off to be added to annual leave or taken at some other time, if the employee so agrees. (b) In lieu of the provision of paragraph (a) of this subclause an employee employed pursuant to the provisions of the Cement Workers Award No. 10 of 1967, shall be paid eight hours pay at the ordinary rate for a holiday which falls on his rostered day off. (7) This clause shall not apply to employees em- ployed in classifications prescribed by the Transport Workers (General) Award No. 10 of 1961 and the Merchant Service Guild—Cockburn Cement Dredg- ing Agreement 1972. (8) In lieu of the provision of subclause (2)(a) and (4) of this clause the following shall apply to em- ployees employed pursuant to the provisions of the Building Trades Award No. 31 of 1966. (a) Where work on any job is carried out on shift and less than seven consecutive shifts (other than day shift) are worked on that job then the employees employed on such shift shall be paid at the rate of time and a half for the first two hours and double time thereafter for the time so worked on each such shift other than day shift. (b) The shift allowance referred to in subclause (4) of this clause shall be increased to 25 per cent of the rate for the classification "Fitter" as prescribed in the Metal Trades (General) Award No. 13 of 1965 if an em- ployee is required to work more than one week consecutively on a shift other than day shifts but only the consecutive second or subsequent week of shift other than day shift and then only until that employee works for at least one week on day shift. (9) In addition to the provision of subclause (4) of this clause an employee employed pursuant to the provisions of the Engine Drivers' (Interim) General Award No. 21A of 1977 who during a period of en- gagement on shift, works night only; or remains on night shift for a period longer than four consecutive weeks; or on a night shift which does not rotate or alternate with another shift or with day work so as to give him at least l/3rd of his working time off night shift in each cycle; shall be paid at the rate of time and a quarter for all time worked during ordinary working hours on such night shift. 7.—Annual Leave. (1) Except as hereinafter provided a period of four consecutive weeks leave with payments as prescribed in paragraph (a) hereof shall be allowed annually to an employee by the employer after a period of 12 months continuous service with the employer. (a) (i) An employee before going on leave shall be paid the wages he would have received in respect of the ordinary time he would have worked had he not been on leave during the relevant period. (ii) Subject to paragraph (b) hereof an em- ployee shall, where applicable, have the amount of wages to be received for annual leave calculated by including the follow- ing where applicable. (aa) The rate of wage prescribed for work in ordinary time by the ap- propriate Award. (bb) Subject to paragraph (b)(ii) hereof the rate prescribed for work in or- dinary time by Clause 6.—Shift Work of this Award, according to the employee's roster or projected roster including Saturday and Sunday shifts. (b) In addition to the payment prescribed in para- graph (a) hereof, an employee shall receive a loading calculated on the rate of wage prescribed by that paragraph. This loading shall be as follows:— (i) Day Workers—An employee who would have worked on day work had he not been on leave—a loading of 20 per cent. (ii) Shift Workers—An employee who would have worked on shift work had he not been on leave—a loading of 20 per cent. Provided that where the employee would have re- ceived shift loadings and payments pre- scribed by Clause 6.—Shift Work, had he not been on leave during the relevant period and such loadings and payment would have entitled him to greater amount than the loading of 20 per cent, then the shift loadings and payments shall be added to the rate of wage prescribed by paragraph (a) (ii) (aa) hereof in lieu of the 20 per cent loading. Provided further, that if the shift loadings would have entitled him to a lesser amount than the loading of 20 per cent then such loading of 20 per cent shall be added to the rate of wage prescribed by paragraph (a) but not including (a)(ii)(bb) hereof in lieu of the shift loadings and the sGd payment. (c) Except as provided in subclause (4) of this clause, the loading prescribed by this paragraph shall not apply to proportionate leave on termination. (2) (a) A seven day shift worker, i.e. a shift worker who is rostered to work regularly on Sundays and holidays shall be allowed one week's leave in addition to the leave to which he is otherwise entitled under this clause. (b) Where an employee with 12 month's continu- ous service is engaged for part of a qualifying 12 monthly period as a seven day shift worker, he shall be entitled to have the period of annual leave to which he is otherwise entitled under this clause in- creased by l/12th of a week for each completed month he is continously so engaged. (c) An employee employed in the following classifi- cation prescribed by the Cleaners and Caretakers Award No. 12 of 1969:— Watchmen Watchmen Cleaners Watchmen Mobile 2606 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. Other than those on continuous shift work shall be allowed 1 4/7ths four sevenths weeks leave in ad- dition to the leave to which he is otherwise entitled to under this clause. (3) If any Award holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordi- nary working day there shall be added to that period one day being an ordinary working day for each hol- iday observed as aforesaid. The provision of this subclause shall not apply to watchmen, watchmen/cleaners and watchmen (mobile) em- ployed pursuant to the provision of the Cleaners and Caretakers Award No. 12 of 1969. (4) (a) An employee whose employment terminates after he has completed a 12 monthly qualifying period and who has not been allowed the leave pre- scribed under this clause in respect of that qualifying period shall be given payment as prescribed in para- graphs (a) and (b) of subclause (1) of this clause in lieu of that leave or, in a case to which subclauses (7), (8) or (9) of this clause applies in lieu of so much of that leave as has not been allowed unless:— (i) he has been justifiably dismissed for miscon- duct; and (ii) the misconduct for which he has been dis- missed occurred prior to the completion of that qualifying period. (b) Subject to the provisions of subclause (10) of this clause if, after one month's continuous service in any qualifying 12 month period, an employee law- fully leaves his employment or his employment is ter- minated by the employer through no fault of the em- ployee, the employee shall be paid 2.769 hours pay at the ordinary rate divided by 36 in respect of each completed week of service. (5) Any time in respect of which an employee is ab- sent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this Order shall not count for the purpose of determining his right to annual leave. (6) In the event of an employee being employed by the employer for portion only of a year, he shall only be entitled, subject to subclause (4) of this clause, to such leave on full pay as is proportionate to his length of service during that period with the em- ployer, and if such leave is not equal to the leave given to the other employees he shall not be entitled to work or pay whilst the other employees of the em- ployer are on leave on full pay. (7) Annual leave shall be given and taken in one or two continuous periods. If the annual leave is given in two continuous periods then one of those two periods must be at least three consecutive weeks. Provided that if the employer and the employee so agree then the employee's annual leave entitlement may be given and taken in two separate periods, neither of which is of at least three consecutive weeks, or in three separate periods. (8) Where the employer closes down his business, or a section or sections thereof, for the purposes of al- lowing annual leave to all or the bulk of the em- ployees in the business, or section or sections con- cerned, the following provisions shall apply:— (a) He may by giving not less than one month's notice of his intention so to do, stand off for the duration of the close down all employees in the business or section or sections con- cerned. (b) The employer may close down his business for one or two separate periods for the pur- pose of granting annual leave in accordance with this subclause. If the employer closes down his business in two separate periods one of those periods shall be for a period of at least three consecutive weeks. Provided that where the majority of the employees in the business or section or sections concerned agree, the employer may close down his business in accordance with this subclause in two separate periods neither of which is of at least three consecutive weeks, or in three separate periods. In such cases the employer shall advise the employees concerned of the proposed date of each close down before asking them for their agreement. (c) The provision of this subclause shall not apply to employees employed pursuant to the provisions of the Transport Workers (General) Award No. 10 of 1961. (9) The employer may close down his business, or a section or sections thereof for a period of at least three consecutive weeks and grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster. (a) The employer may close down his business, or a section or sections thereof for a period of less than three consecutive weeks and allow the balance of the annual leave due to an employee in one or two continuous periods, either of which may be in accord- ance with a roster. In such a case the granting and taking of annual leave shall be subject to the agreement of the employer and the majority of the employees in the business, or a section or sections thereof re- spectively and before asking the employees concerned for their agreement, the employer shall advise them of the proposed date of the close down or close downs and the de- tails of the annual leave roster. (b) The provision of this subclause shall not apply to employees employed pursuant to the provisions of the Transport Workers (General) Award No. 10 of 1961. (10) In lieu of the provisions of subclause (4)(b) of this clause the following shall apply to watchmen, watchmen/cleaner, watchmen (mobile) employed pursuant to the provisions of the Cleaners and Care- takers Award No. 12 of 1969, who on termination shall be paid 13/28ths of a week's pay for each com- pleted month of service. (11) (a) An employee employed pursuant to the provisions of the Building Trades Award No. 31 of 1968 shall where applicable have the amount of wages to be received for annual leave calculated by including the amounts prescribed in the following clauses and subclauses of that Award:— Clauses 11, 13, 14 subclauses (22), (25) (e) & (30) 15,19, 20, 24, 25 (b) An employee employed pursuant to the pro- vision of the Metal Trades (General) Award No. 13 of 1965 where applicable have the amount of wages to be received for annual leave calculated by including the amounts prescribed in the following clauses and subclauses of that Award:— Clauses 14, 18 subclauses (5), (11), (12) & (13) 19,20,21,22, 32. (c) Any other rate to which the employee is en- titled to in accordance with his contract of employ- ment for ordinary hours of work provided that subclause (a) and (b) of this subclause shall not op- erate so as to include any payment which is of a simi- lar nature to or is paid for the same reason as or is paid in lieu of their payment prescribed in subclause (a) and (b) of this subclause, nor any payment which might have become payable to the employee as reim- bursement for expenses incurred. (12) The provisions of this clause shall not apply to casual employees. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2607 8.—Absence Through Sickness. (1) (a) An employee who is unable to attend or re- main at his place of employment during the ordinary hours of work by reason of personal ill health or in- jury shall be entitled to payment during such absence for the actual ordinary hours absent in accordance with the following provisions. (b) Entitlement to payment shall accrue at the rate of l/6th of a week for each completed month of ser- vice with the employer. (c) If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the em- ployee has become entitled to further paid sick leave during that year of service. (d) Sick leave shall accumulate from year to year for all years of continuous service. (i) To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the em- ployer of his inability to attend for work, the nature of his illness or injury and the esti- mated duration of the absence. Provided that such advice, other than in extra- ordinary circumstances shall be given to the employer within 24 hours of the commence- ment of the absence. (ii) The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or in- jury as the employer may reasonably require provided that the employee shall not be re- quired to produce a certificate from a medi- cal practitioner with respect to an absence of four days or less in any year of service or combination of absences up to a maximum of four days in any year of service unless the employer requests in writing that the next and subsequent absences in that year, if any, shall be accompanied by such certificate. (2) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when he is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave. (a) Application for replacement shall be made within seven days or resuming work and then only if the employee was confined to his place of residence or a hospital as a re- sult of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a regis- tered medical practitioner that he was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (1) (d) of this clause if he is unable to attend for work on the working day next following his annual leave. (b) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was en- titled at the time he proceeded on annual leave and shall not be made with respect to fractions of a day. (c) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the ap- propriate Annual Leave provisions. (d) Payment for replaced annual leave shall be at the ra te of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed shall be deemed, to have been paid with respect to the replaced annual leave. (3) Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of clause (2) of the Long Service Leave provisions published in Volume 60 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the employee at the date of transmission -from service with the transmitter shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the pro- visions of this clause. (4) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Worker's Compensation Act, nor the employees whose injury or illness is the result of the employee's own misconduct. (5) The provisions of this clause do not apply to casual employees. (6) An employee's unused accumulated sick leave shall be paid in full to the employee (or his executor): (a) On retirement at age 65, or earlier if retire- ment is due to ill health certified by a medi- cal practitioner. (b) At age 60 for ex-servicemen so entitled. (c) On death. (d) Accumulation for the purposes of pay out as described in this subclause is on the same basis as the Transport Workers (General) Award No. 10 of 1961 as Amended and Con- solidated by No. 63A of 1980. (e) Provided that where an employee has exer- cised his right to a payment under subclause (8) hereof then his entitlement under this subclause shall be limited to the balance of accumulated sick leave for which no pay- ment has been made. (7) (a) On termination of employment other than for misconduct, an employee shall be paid 75 per cent of unused accumulated sick leave. Accumulation for the purpose of pay out described in this subclause is at the rate of five days per year. (b) An employee with 10 or more years of service on termination (other than clause 6 above) shall be paid 100 per cent of unused accumulated sick leave. Accumulation for the purpose of pay out described in this subclause is at the rate of five days per year. (c) Provided that where an employee has exercised his right to a payment under subclause (8) hereof then his entitlement under this subclause shall be limited to the balance of accumulated sick leave for which no payment has been made. (8) An employee may claim payment of 75 per cent of accumlated sick leave any time, provided five years sick leave entitlement is maintained at all times. Accumulation for the purpose of pay out de- scribed in this subclause is at the rate of five days per year. 2608 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 9.—Overtime. (1) The provisions of this subclause apply to all employees other than those engaged on continuous shift work. (a) Subject to the provisions of this subclause all work done beyond the ordinary working hours on any day, Monday to Friday, inclus- ive, shall be paid for at the rate of time and one half for the first two hours and double time thereafter. (b) Work done on Saturdays after 12 noon or on Sundays shall be paid for at the rate of double time. (c) Work done on any day prescribed as a hol- iday pursuant to the following Awards shall be paid for at the rate of double time and a half. (i) Building Trades Award No. 31 of 1968 (ii) Cement Workers Award No. 10 of 1967. (iii) Cleaners and Caretakers Award No. 12 of 1969 (iv) Cockburn Cement Dredging Agree- ment No. 22 of 1971 (v) Merchant Service Guild—Cockburn Cement Dredging Agreement No. 29 of 1972 (vi) Engine Drivers' (Interim) General Award No. 21A of 1977 (vii) Metal Trades (General) Award Part 1 General No. 13 of 1965 (viii) Transport Workers (General) Award No. 10 of 1961 (d) Work done on Saturdays prior to 12 noon shall be paid for at the rate of time and one half for the first two hours and double time thereafter but this paragraph does not apply in a case to which paragraph (c) of subclause (1) of Clause 4.—Hours applies. (e) (i) An employee pursuant to the provisions of the Transport Workers (General) Award No. 10 of 1961 when required for work on a day other than his ordinary working day shall be paid for a mini- mum of three hours work. (ii) Clasuses 10 and 11 of the Transport Workers (General) Award No. 10 of 1961 shall not be regarded as part of the ordinary rate for the purposes of calcu- lating overtime. (f) In computing overtime each day shall stand alone but when an employee works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day's work for the purpose of this subclause. (2) (a) The provisions of this subclause apply only to employees engaged on continuous shift work. (i) Subject to the provisions of paragraph (b) of this subclause all time worked in excess of or outside the ordinary working hours, or on a shift other than a rostered shift, shall be paid for at the rate of double time. (ii) A continous shift worker employed pursuant to the provision of the Engine Drivers (Interim) General Award No. 21A of 1977 who is called upon to work outside his ordi- nary hours on a holiday prescribed in Clause 10 of the said Award shall be paid for such work at the rate of double time and one half. (b) Time worked in excess of the ordinary working hours shall be paid for at ordinary rates:— (i) if it is due to private arrangements between the employees themselves; or (ii) if it does not exceed two hours and is due to a relieving man not coming on duty at the proper time; or (iii) if it is for the purpose of effecting the customary rotation of shifts. (3) (a) The provisions of this subclause apply to all employees. (b) Overtime on shift work shall be based on the rate payable for shift work. (c) (i) When overtime work is necessary it shall, wherever reasonably practicable, be so ar- ranged that an employee has at least 10 consecutive hours off duty between the work of successive days. (ii) An employee (other than a casual em- ployee) who works so much overtime be- tween the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not had at least 10 consecutive hours off duty between those times shall, subject to this paragraph, be released after completion of such overtime until he has 10 consecutive hours off duty without loss of pay for ordinary working time oc- curring during such absence. (iii) If, on the instructions of his employer, such an employee resumes or continues work without having had such 10 consecu- tive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be en- titled to be absent until he has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (iv) Where an employee (other than a casual employee or an employee engaged on con- tinuous shift work) is called into work on a Sunday or holiday preceding an ordi- nary working day, he shall wherever reasonably practicable, be given 10 con- secutive hours off duty before his usual starting time on the next day. If this is not practicable then the provisions of sub- paragraphs (ii) and (iii) of this paragraph apply mutatis mutandis. (v) The provisions of this paragraph shall apply in the case of shift employees who rotate from one shift to another, as if eight hours were substituted for 10 hours when overtime is worked— (aa) for the purpose of changing shift rosters; or (bb) where a shift worker does not re- port for duty; or (cc) where a shift is worked by arrange- ment between the employees them- selves. (vi) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this paragraph when the actual time worked is less than three hours on such recall or on each of such recalls. (d) When an employee is recalled to work after leaving the job:— (i) He shall be paid for at least four hours at overtime rates. (ii) Time reasonably spent in getting to and from work shall be counted as time worked. (iii) When an employee is recalled to work overtime during the eight hours preceding his normal commencing time and when that recall is not continuous with his normal commencing time then his normal com- mencing time will be deferred by the actual time worked if that time be less than three hours. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2609 (e) When an employee is required to hold himself in readiness for a call to work after ordinary hours, he shall be paid at ordinary rates for the time he so holds himself in readiness. (f) An employee required to work overtime for more than one and one half hours without being noti- fied on the previous day or earlier that he will be so required to work, shall be supplied with a reasonable meal by the employer or paid an allowance 50 cents higher than that specified in the Transport Workers' ('General) Award No. 10 of 1961 for such a meal. (g) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he has notified the employees concerned on the previous day or earlier that such second or subsequent meal will also be required, pro- vide such meals or pay an amount 50 cents higher than that specified in the Transport Workers' (General) Award No. 10 of 1961 for such a meal. (h) No such payments need to be made to an em- ployee living in the same locality as his place of work who can reasonably return home for such meals. (i) If an employee as a consequence of receiving such notice has provided himself with a meal or meals and is not required to work overtime or is re- quired to work less overtime than that notified he shall be paid the amount prescribed in paragraph (f) or (g) of this subclause for each meal provided and not required. (j) (i) The employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such require- ment. (ii) No union or association party to this Order, or employee or employees covered by this Order, shall in any way, whether directly or indirectly, be a party to or con- cerned in any ban, limitation, or restric- tion upon the working of overtime in ac- cordance with the requirements of this subclause. (4) An employee employed pursuant to the pro- visions of the Building Trades Award No. 31 of 1966 who commences work between midnight and 6.00 a.m. shall be paid at the rate of double time until his usual start time. (5) The provisions of this clause do not operate so as to require payment of more than double time rates, or double time and a half on a holiday as pre- scribed by the Awards listed in subclause (1) (c) of this clause for any work. 10.—Payment of Wages. (1) (a) The following details shall be stated in writing with respect to each weeks wages. (i) Name. (ii) Hourly Rate. (iii) Overtime. (iv) Allowance. (v) Penalties. (vi) Gross Wages. (vii) Deductions. (viii) Net Wages. (b) All overtime, allowances and penalty rates as prescribed by this Order and the Awards as detailed in paragraph (c) of this subclause below shall be paid within two days of the expiration of the fortnight in which they occur. (c) (i) Building Trades Award No. 31 of 1968. (ii) Cement Workers Award No. 10 of 1967. (iii) Cleaners and Caretakers Award No. 12 of 1969. (iv) Cockburn Cement Dredging Agreement No. 22 of 1971. (v) Merchant Service Guild—Cockburn Cement Dredging Agreement No. 29 of 1972. (vi) Engine Drivers' (Interim) General Award No. 21Aof 1977. (vii) Metal Trades (General) Award Part 1 General No. 13 of 1965. (viii) Transport Workers' (General) Award No. 10 of 1961. (2) Wages shall be paid in the employers time, fort- nightly for actual time worked. (3) The ordinary rate per hour shall be calculated by dividing the appropriate weekly rate by 36. 11.—Transition Allowance. (1) The principle of the Transition Allowance is to preserve the average level of money earnings of con- tinuous shift workers. The allowance compensates shift workers for the overtime and penalty shifts which they no longer work as a result of the introduction of the 36 hour week. (2) The calculation of Transition Allowance shall be based on the rates of pay applicable on the 6th October 1982. (a) Continuous Shift Roster. Ordinary time conversion of overtime and penalty payments. 4 man roster, 40 and 38 hour week basis: Work 3 out of 4 = 39 Saturdays—Penalty = 7 hrs. ord = 273 Work 3 out of 4 = 39 Sundays—Penalty =8 hrs. ord =312 Work 3 out of 4 = 13 Sixth shift—Penalty = 16 hrs. ord = 208 Paid 10 Public Holidays— Pen- alty = 8 hrs. ord = 80 873 —52 = 16.79 hours/week Ordinary Time Conversion of Overtime and Penalty Payments 5 man roster, 36 hour week basis: Work 3 out of 5 = 31.2 Saturdays—Penalty = 7 hrs. ord 218.4 Work 3 out of 5 = 31.2 Sundays—Penalty = 8 hrs. ord 249.6 Paid 10 Public Holidays— Pen- alty = 8 hrs. ord 80.0 548.0 —52 = 10.5 hours/week Shift Allowance 4 Man Roster. In a four week cycle, 14 shifts attract shift allowances which averages 3.5 shift allow- ances a week. Shift Allowance 5 Man Roster. In a 10 week cycle, 30 shifts attract allow- ance which averages three shift allowances a week. Transition Allowance—40 Hour Base. (16.79 hrs. x 40 hrs. rate of pay)—(10.54 x 36 hrs. rate of pay) + (3.5—3.0) Shift Allow. (16.79 x 36/40ths—10.54) x 36 hrs. rate of pay +0.5 Shift Allow. 2610 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (15.11—10.54) x 36 hrs. rate of pay + 0.5 Shift Allowances 4.57 x 36 hrs. rate of pay + 0.5 Shift Al- lowances. Transition Allowance—38 Hour Base. (16.79 hrs. x 38 hrs. rate of pay)—(10.54 x 36 hrs. rate of pay) + (3.5—3.0) Shift Allow. (16.79 x 36/38ths—10.54) x 36 hrs. rate of pay + 0.5 Shift Allow. (15.91—10.54) x 36 hrs. rate of pay + 0.5 Shift Allowances 5.37 x 36 hrs. rate of pay + 0.5 Shift Allowances (b) Woodman Point. This roster provides a continuous five man shift cover and two day workers from seven employees. Each employee shall work on day work for periods of five weeks separated by periods on continuous shift of 10 and 15 weeks alter- nately. The cycle repeats in 70 weeks. In a 70 week period a man works 4x5 weeks = 20 weeks on days 2 x 10 + 2 x 15 weeks =50 weeks on shift Roster. Annual Overtime and Penalty payments shall be:— 50/70ths x 31.2 Satur- days at 7 hours = 156 hours 50/70ths x 31.2 Sundays at 8 hours = 178.29 hours Public Holidays 80 414.29 -4-52 = 7.97 hrs/wk Shift Allowances: 50/70ths x 3 = .. Existing Roster. In a 6 week cycle. 3 Saturdays at 7 hours = 3 Sundays at 8 hours = 1 Sixth shift at 8 hours 2.14 a wk 21 hours 24 hours 8 hours 53 hours -46 weeks = 8.83 hrs/wk 10 Public Holidays at 8 hrs. = 1.54 hrs/wk 10.37 hrs/wk Shift Allowance = 15 -46 = 2.5 a wk Transition Allowance—40 Hour Base (10.37 x 40 hrs. rate)—(7.97 x 36 hrs. rate) + (2.5—2.14) x Shift Allowance (10.37 x 36/40ths—7.97) x (36 hrs. rate + 0.36) x Shift Allowance (9.33—7.97) x 36 hrs. rate 1.36 x 36 hrs. rate + 0.36 Shift Allowance (3) (a) The allowance is designed as a transition payment for those employed as continuous shift workers at the time of the introduction of the 36 hour week and such allowance shall be reduced in accord- ance with paragraph (b) hereof on each occasion that the wage rates prescribed in the appropriate Award are increased. (b) Where the Award increase referred to in para- graph (a) of this subclause is: (i) less than 20 per cent of the original Transition Allowance then the reduction in the Transition Allowance shall be equal to the Award increase, or (ii) greater than 20 per cent of the original Transition Allowance the reduction in the Transition Allowance shall only be equal to 20 per cent of the original Transition Allow- ance. (c) The Transition Allowance shall only be payable to employees employed as continuous shift workers at the time of the changeover to the 36 hour shift roster. (d) It will not apply to:— (i) Persons transferred to continuous 7-day shift operations after the introduction of the 36 hour week; (ii) Persons recruited for continuous 7-day shift operations after the introduction of the 36 hours week. (e) The Allowance will not apply to any period of unpaid absence, including Workers' Compensation. (f) The Allowance will not apply to persons who re- lieve continuous 7-day shift workers during the ab- sence of that permanent continuous 7-day shift worker. (g) The Allowance will not be included in the ordi- nary rate for the purposes of calculating overtime, or any other penalty payments. (h) There will be no increase to the Transition Al- lowance, applying from time to time, during the currency of the phasing out period. (i) The Allowance will be discontinued when a per- son transfers from continuous 7-day shift operations to day work or to other non-continuous shift oper- ations. The Allowance will cease upon the termin- ation of employment, or upon retirement of an em- ployee. (j) The Allowance shall not be taken into account for the purposes of calculating superannuation en- titlements. (k) The Allowance, applying from time to time, will be applied for all paid periods of leave, e.g. sick, annual, long service, paternal, bereavement leave, and where applicable, jury service. 12.—Wages Casual Employees. A casual employee employed pursuant to the pro- visions of the Merchant Service Guild—Cockburn Cement Dredging Agreement No. 29 of 1972 or the Cockburn Cement Dredging Agreement No. 22 of 1971, shall mean an employee who is engaged by the hour for a period of less than one month. The hourly rate for a casual employee shall be ascertained by taking the total ordinary rate payable under Clause 6 of the abovementioned Agreements adding 15 per cent and dividing by 36. 13.—Operative Date. The Order shall operate on and from the first pay period on and after the 1st October 1982. 14.—Award Clauses Superseded. (1) Metal Trades General Award General No. 13 of 1965 Clause 13.—Hours. 14.—Overtime. 15.—Shift Workers. 16.—Payment of Wages. 23.—Annual Leave subclauses (3), (4), (5), (6), (7), (8), (9), (10) and (11). 24.—Absence through Sickness. (2) Transport Workers' General Award No. 10 of 1961. Clause 9.—Hours. 12.—Overtime. 17.—Annual Leave. 18.—Sick Leave. 20.—Payment of Wages. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. (3) Engine Drivers' (Interim General) Award No. 21Aof 1977. Clause 7.—Hours. 8.—Overtime. 9.—Shift Work. 11.—Annual Leave. 12.—Absence through Sickness. 18.—Payment of Wages. (4) Merchant Service Guild—Cockburn Cement Dredging Agreement No. 29 of 1972. Clause 6.—Wages subclause (2). 7.—Hours. 8.—Overtime. 11.—Sick Leave. 12.—Annual Leave. 13.—Payment of Wages. (5) Cockburn Cement Dredging Agreement 1971 No. 22 of 1971. Clause 6.—Wages subclause (2). 7.—Hours. 8.—Overtime. 11.—Sick Leave. 12.—Annual Leave. 13.—Payment of Wages. (6) Cleaners and Caretakers Award No. 12 of 1969. Clause 6.—Hours. 8.—Annual Leave. 12.—Absence through Sickness. 13.—Overtime. 25.—Payment of Wages. (7) Cement Workers Award No. 10 of 1967. Clause 7.—Hours. 9.—Overtime. 12.—Shift Work. 16.—Absence through Sickness. 18.—Annual Leave. 25.—Payment of Wages. (8) Building Trades Award No. 31 of 1966. Clause 12.—Payment of Wages. 18.—Hours. 19.—Shift Work. 20.—Overtime. 21.—Annual Leave subclauses (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14). 23.—Absence through Sickness. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR325 of 1982. Between The Australian Workers' Union, West Aus- tralian Branch, Industrial Union of Workers, Claimant, and Hamersley Iron Pty Limited, Re- spondent. Before Mr Commissioner G. G. Halliwell. The 17th day of September, 1982. Mr P. Kelly on behalf of the Claimant. Mr A. Cameron on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: The matter referred to the Commission for hearing and determination, pursuant to section 44 of the Act, is, as follows:— A dispute exists between Hamersley Iron Pty Limited and the Australian Workers Union over the appointment of Leading Hands at Parker Point. The Union claims that the reclaimer and dumper represent two separate systems of loading ore onto ships at Parker Point and that if both sequences are operating simultaneously then two leading hands should be appointed in order to perform their duties satisfactorily. The respondent Company opposes the claim. However, during the prodeedings the following exchange took place:— MR KELLY: My friend, Mr Cameron, has pointed out that the terms of reference for this are incorrGCt. MR CAMERON: With respect, sir, it has been agreed between us that there has been a slight misunderstanding on the part of Commissioner Collier. Today we jointly seek to have that amended to reflect in fact the basis of the dis- pute between the parties. HALLIWELL C: How would you re-word the schedule to reflect the core of the dispute? MR CAMERON: I believe it should be amended to show that the union claims that during direct ship loading two leading hands should be ap- pointed, but the company opposes the claim. MR KELLY: That is, direct ship loading from the dumper, if you please, Mr Commissioner. HALLIWELL C: Is that your understanding also, Mr Cameron—from the dumper? MR CAMERON: That would appear to limit it just to the dumper. There may be occasions when, as it is phrased, it does come into play as well. I think it would be best to leave it broad and cover all those situations and thus save us coming back here again with another dispute. (Transcript page 5.) The background to the matter is best explained in Mr P. Kelly's own words:— If my memory serves me correctly, the dispute began to evolve on shift two—afternoon shift—on Wednesday, the 23rd of June when at approximately 1800 hours we began loading the ship from the dumper. The shop steward asked the foreman to make up another leading hand to cover the dump as had been the case since at least the upgrade and the request was denied. The foreman claimed that as we were not using the reclaimer—the dumper had been sub- stituted for the reclaimer. "Why then" I asked, "was not that the company's attitude back in 1978 and before?" As for the fact of loading four ships within the last 12 months, the point we are making is that since the upgrade and before that, when we do get into that situation of dumping to the ship we have always had two leading hands. It is not a matter of how often it occurs: it is a matter of the principle—when it occurs. I reiter- ate: Why did not the company declare its intentions years ago when we were ship loading from the dumper? Why did they not say to us then "We will not make up another leading hand if there is one absent?" That is the question I ask. Why now? Because simply, they have cut their manning to ribbons. They now find it is practically impossible. If you take into account that people on shifts should be allowed to go on annual leave and people will have days off for whatever reasons, these are not allowed for. To cut down further they now want to knock out the using of two leadinghands in a dual function op? eration. Mr Commissioner, I do not believe the company can justify or has justified its actions in intending to use only one leading hand while dumping direct to the ship. Thank you. (Transcript pp. 19 and 22.) (Emphasis mine.) 2612 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. By contrast, Mr Cameron submitted, inter alia, that:— MR CAMERON: Sir, essentially the company perceives this case as centering around its right to manage. That being so, 1 take up with the last" point Mr Kelly made. He stated that his percep- tion of the matter is that the company has not justified its actions. I would be submitting to you that in fact the onus of proof goes in the opposite direction. However, I would like to commence my case by referring you to a number of authorities. What I submit, emerges from the decisions I have put to you is that, firstly, it is the company's right to determine how many men or, in this instance, leading hands are required by any particular shift. Secondly, in changing cir- cumstances then, it is permissible to make that decision from shift to shift. Thirdly, if the unions seek to challenge this, then the onus of proof rests squarely upon them. To discharge that onus of proof they have to show that the de- cision—to have the manning of the figures ~as they are—is in some way unjust, unreasonable, taken in bad faith or is victimisation or is tantamount to oppression or, at the very lowest, as one of the cases put in, would involve the ran a tair smi leading nand working more man a tair smtt s work. It is my submission that, on the evidence called by Mr Kelly, that onus has not been dis- charged. There are two sequences capable of function quite independently of each other. On day work they do, in fact, have both these sequences operating—operating independently of one another. That being the case—that there are two sequences—there are two leading hands. One fault in one sequence affects that sequence, not the other, therefore one leading hand for one and one leading hand for the other. However—and I submit the evidence which has been put before you already supports this—when direct ship loading is being carried out there is no break in the flow of the ore; in fact, it constitutes the one sequence. There is only a role for one leading hand. There is not any viable or applicable analogy between the two dis- crete sequences and the one sequence of direct ship loading. However, sir, the major submission that I would wish to make to you regarding this docu- ment is in respect of the terms "loading" and That being the case it is submitted that this document has nothing whatsoever to do with the situation of direct ship loading. (Transcript pp 22, 24, 25/26, 28 and 29.) (Emphasis mine) The Assistant Registrar of the Commission, Mr R. Laing, was directed, pursuant to section 93 (8) of the Act to investigate and report to the Commission upon the dispute originally occurring and set out hereunder are the contents of that report:— Meeting re Leading Hands, Parker Point. As requested outlined below is my appreci- ation of the understanding reached between the parties last Saturday. The company proposes to continue past practices in respect of the appoint-" ment of leading hands. An exception to the above may occur on the odd occasion when the day crew leading hand will cover the shift crew when there are only a few shift crew workers present and these work with day crew. undertaken—e.g. loading and dumping—then usually two leading hands will be appointed. If numbers are so low that all present are required as operators and additional personnel cannot be obtained the company expects the leading hand to work as an operator. "It is expected that the non-appointment of a leading hand will only happen on rare occasions and that in the great majority of work time shift crew will have a leading hand. "It is expected that the parties will look at each situation with a common sense approach and if a dispute arises they will, one, talk to each other in an effort to resolve the differences or failing this, two, approach the Commission, either the Perth of Karratha office, for assist- ance." (Transcript page 2) (Emphasis mine.) The Commission has concluded from the material presented that when two (2) modes of operation are being used simultaneously then two (2) leading hands should, as in the past and as in the report of Mr Laing, continue to be appointed. However, on the evicence I consider direct ship loading on its own to be one (1) mode of operation only. Thus, from the dumping of the said cars to that same ore going over the side of the ship is one mode of operation and one (1) leading hand is appropriate. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR325 of 1982. Between The Australian Workers' Union, West Aus- tralian Branch, Industrial Union of Workers, Claimant, and Hamersley Iron Pty Ltd, Respon- dent. Order. HAVING heard Mr P. Kelly on behalf of the claim- ant and Mr A. Cameron on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— The where the respondent operates direct ship loading there shall be one (1) leading hand ap- pointed. Dated at Perth this 12th day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.I Commissioner. 2. When numbers are so low on shift that such an appointment is obviously not required, it is proposed by the company that when two jobs are WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2613 27th October, 1982.] BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR357 of 1982. Between The Federated Brick, Tile and Pottery In- dustrial Union of Australia (Union of Workers) Western Australian Branch, Claimant, and Bristile Limited, Respondent. Before Mr Commissioner G. G. Halliwell. The 2nd day of September, 1982. Mr B. P. O'Loughlin on behalf of the Claimant. Mr J. Birman on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: The matter referred to the Commission, pursuant to section 44 of the Act for hearing and determination is, as follows:— The Union claims that the dismissal of Mr C. Trebacz was harsh and unfair and seeks an Order of the Commission requiring the Respon- dent to re-employ him without loss of any en- titlements due since the date of dismissal on 26th June, 1982. The Respondent objects to and opposes the claim. It is first necessary in this case, to set out the al- leged events and I stress alleged events, of the night of Saturday, 26th June, 1982, as related by those present. Mrs C. Richards and her husband, Mr J. Richards, arrived at the premises of Bristile Por- celain Division at or about 10.45 p.m., parked their vehicle outside the factory gate and proceeded to walk towards the laboratory located on the factory premises. Mr Richards stopped to answer a call of nature, while Mrs Richards continued walking along the road toward the laboratory. Mrs Richards saw a "black figure" by the corner of the administrative office block near a vehicle and stopped walking. Mrs Richards called to her husband who responded by saying: "Go on" but Mrs Richards remained where she was until Mr Richards joined her. Mrs Richards told her husband she had seen somebody near the ve- hicle to which Mr Richards responded: "It is prob- ably a kiln man". The couple approached the vehicle and Mr Richards looked into the boot, which was open, but saw nothing suspicious therein. Mrs Richards had again walked ahead when she saw a person walking towards a loading ramp some metres away. She then heard a sound which, apparently, came from the top of the loading ramp. Mrs Richards then saw a silhouette of a person move from the cor- ner of the store end of the loading ramp towards the factory, as her husband was walking down the loading ramp towards her after looking, without suc- cess, for a person either on or beside the loading ramp. Mr Richards called out to the person who then came forward and identified himself to Mr Richards as Mr C Trebacz, Leading Hand, Kiln man at the fac- tory. A conversation ensued during which Mr Richards asked Mr Trebacz about pottery ware com- prising toilet bowls and hand basins placed at the top of the ramp. Mr Trebacz said he had just recently found it there and denied any knowledge of how it got there or that he was stealing it. At Mr Richards' direction Mr Trebacz removed the pottery ware to the laboratory where it was locked away by Mr Richards. Mr Richards then informed Mr Trebacz that he (Richards) would inform the factory manager of the incident on Monday, 28th June, 1982. Mr Trebacz then left the laboratory. However, upon ar- rival home on the Saturday night, Mr Richards tele- phoned Mr Lawton, the factory manager, at his home and advised him of the incident and apparently suggested to Mr Lawton that in his (Richards') op- inion, Mr Trebacz was probably attempting to steal the porcelain ware. Mr Lawton contacted his assist- ant, Mr Parsons, and both went to the factory and confronted Mr Trebacz. Mr Trebacz's version of the events is that at or about 10.10 p.m. on Saturday, 26th June, 1982, having finished his midshift crib break, he walked to the toilet, which is outside the building in which he works, continued on to his vehicle and extracted a bag of rubbish from the boot thereof. He then walked to a large bin and placed the bag of rubbish inside. During this process he had noticed something white at the top of the loading ramp so, on his return journey to his car to get a second bag of rubbish, he walked up the loading ramp to investigate and dis- covered the porcelain ware. At or about the same time he heard voices so he jumped off the loading ramp to the ground and then went and stood beside the factory wall to wait until he could identify the people approaching and ascertain their purpose in being on the premises at that hour on a Saturday night. When Mr Richards called out, Mr Trebacz recognised his voice and came forward to meet Mr Richards only to be later confronted with the accu- sation that he (Trebacz) was attempting to steal the porcelain ware. Later again, that accusation was re- peated by Mr Lawton and Trebacz was instantly dis- missed for misconduct. It is common ground between the parties that the method of entry to the store was by way of a key to the padlock on the door. Mr Trebacz denies that he had such a key. Further, it was not demonstrated, by evidence from the Respondent, that Mr Trebacz either had, or had access to, the appropriate key. After the events described above a check was made by the employer of the number and contents of bags of rubbish in the large bin. This check confirmed the existence of three (3) bags of rubbish, two of which were later accounted for, in that they were placed in the rubbish bin by another person. One of the disquieting features of this case is that the "evidence" against Mr Trebacz is circumstantial. His explanation of the events is as sound as that of the Respondents. Mr Trebacz has a total of thirty (30) years service, approximately 10 years of which he has been a leading hand, with the Respondent. It would be strange indeed if, having seen something "odd" on the loading ramp, Mr Trebacz did not investigate as he stated. Further, given the fact that it was late on a Saturday night it is not surprising that, upon hearing the approach of other people, Mr Trebacz hid in order, as he stated, to establish their identity. It is common ground that when verbally challenged by Mr Richards, Mr Trebacz came for- ward and identified himself. However, I do not doubt that from Mr Richards' point of view, again given the hour and the circumstances, that his suspicions were aroused. But, suspicion is all that could be shown to exist, as there was no "hard" evidence to support them, at the time Mr Trebacz was instantly dis- missed for misconduct. The Commission has given lengthy consideration to both the evidence and submissions concerning the approximate half (Vfe) hour time difference in the events as between Mr and Mrs Richards' evidence and that of Mr Trebacz. In the result, the Com- mission is unable to explain the cause of the time dis- crepancy between the witnesses but is not prepared to attribute the reasons for the discrepancy advanced by Mr Birman. Those reasons are really nothing more than speculation. From a consideration of all of the material the Commission considers that the Respondent, in taking the decision to instantly dismiss Mr Trebacz, acted in a reasonable way having regard to the law and the circumstances at the time the decision was taken i.e. late on the Saturday night. However, with the benefit of evidence and submissions, post the event, the Commission has concluded that notwithstanding the "suspicious circumstances" those suspicions have not been demonstrated, on balance of probabilities, to be correct. 2614 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. Thus, the Minutes of an Order will issue requiring the re-employment of Mr C. Trebacz, but not necess- arily in his former capacity of leading hand. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR357 of 1982. Between The Federated Brick, Tile and Pottery In- dustrial Union of Australia (Union of Workers) Western Australian Branch, Claimant, and Bristile Limited, Respondent. Order. THAT the Respondent, Bristile Ltd, shall re-employ Mr C. Trebacz at their Porcelain Division, but not necessarily in the same position as occupied by Mr C. Trebacz prior to his dismissal, without loss of en- titlements as to annual leave, sick leave or long ser- vice due to the break in service occasioned by his dis- missal. Dated at Perth this 16th day of September, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR407 of 1982. Between Building Trades Association of Unions of Western Australia (Association of Workers), Claimant, and Roberts Construction Pty Ltd, Respondent. Order. THIS matter having been referred to the Com- mission for hearing and determination pursuant to section 44 of the Industrial Arbitration Act, 1979 and the parties having subsequently reached agreement, the Commission, pursuant to the powers conferred on it under the said Act hereby orders— That carpenters employed by Roberts Con- struction Pty Ltd bound by the Building Trades (Construction) Award No. 14 of 1978 and en- gaged on the construction of bridges at Mary River and Laura River be paid an additional al- lowance of 70 cents per hour for each hour worked from the beginning of the first pay period to commence on or after the 8th September, 1982. Dated at Perth this 20th day of September, 1982. (Sgd.) D. CORT, [L.S.J Senior Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR408 of 1982. Between Building Trades Association of Unions of Western Australia (Association of Workers), Claimant, and Bocol Construction Pty Ltd, Re- spondent. Order. THIS matter having been referred to the Com- mission for hearing and determination pursuant to section 44 of the Industrial Arbitration Act, 1979 and the parties having subsequently reached agreement, the Commission, pursuant to the powers conferred on it under the said Act hereby orders— That carpenters employed by Bocol Construc- tion Pty Ltd bound by the Building Trades (Construction) Award No. 14 of 1978 and en- gaged on the construction of bridges at Duck Creek and House Creek be paid an additional al- lowance of 70 cents per hour for each hour worked from the beginning of the first pay period to commence on or after the 8th September, 1982. Dated at Perth this 20th day of September, 1982. (Sgd.) D. CORT, [L.S.j Senior Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. C460 of 1982. In the matter of the Industrial Arbitration Act, 1979; and in the matter of a conference pursuant to section 44 of the said Act, between Building Trades Association of Unions of Western Aus- tralia (Association of Workers), Applicant, and State Energy Commission, respondent. Order. WHEREAS a conference was held in Perth on the 22nd day of September, 1982 pursuant to section 44 of the Industrial Arbitration Act, 1979; and whereas an agreement was reached between the parties to that conference: Now therefore I, the undersigned, a Commissioner of the Western Australian Industrial Commission before whom the conference was held do hereby order— (1) That notwithstanding the provisions of the Building Trades (State Energy Commission) Award No. 1 of 1959, the following con- ditions shall apply to the carpenter em- ployed by the State Energy Commission on the Muja Construction site: (a) The rate of pay applicable shall be that prescribed by the National Building Trades Construction Award 1975, provided that such employee shall not be entitled to payment of the service allowance payable to other State Energy Commission employees. (b) Where a concrete pour has been com- menced prior to the commencement of a period of rain, the employee may be required to complete the pour to a practical stage in the rain and for such work shall be paid at the rate of double time calculated to the next hour and shall also be supplied with adequate wet weather gear. 2615 (2) That this Order shall have effect on a flat basis as from the beginning of the first pay period commencing on or after 2nd May, 1982, and for all purposes from the begin- ning of the first pay period commencing on or after 27th June 1982. Dated at Perth this 23rd day of September, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR459 of 1981. Between Building Trades Association of Unions of Western Australia (Association of Workers) and Others, Claimants, and State Energy Com- mission, Respondent. Before Mr Commissioner G. A. Johnson. The 23rd day of December, 1981. Mr G. Young of behalf of the Building Trades As- sociation of Unions of Western Australia (Association of Workers). Mr J. Cummins on behalf of the Builders' Labourers' Federated Union of Workers. Mr C. Saunders on behalf of The Federated Engine Drivers and Firemen's Union of Workers of Western Australia. Mr W. Donohoe on behalf of the Electrical Trades Union of Workers of Australia. Mr R. Watts on behalf of the respondent. Reason for Decision. THE COMMISSIONER: These matters come before the Commission from a conference held pursuant to the provisions of section 44 of the Industrial Arbi- tration Act, 1979. There are seven claims which relate to State Energy Commission (S.E.C.) employees who move around the State carrying out maintenance and minor construction work in the areas serviced by the S.E.C. The employees are mainly in the building trades but crane drivers and electricians are also involved. Other employees, particularly in the metal trades, are also engaged in this work but they are not represented in these proceedings. The total number of employees engaged on this work is a small pro- portion of the total S.E.C. workforce. The work, the subject of these proceedings, con- cerns the construction of switch yard facilities in the Pilbara, with particular attention given to the Dampier/Karratha localities. Building trade em- ployees are subject to the Building Trades (S.E.C.) Award No. 1 of 1959 and I will concentrate on the provisions in that award as it covers the majority of employees the subject of this dispute and in any- event is representative of the other awards. Employees are paid rates of pay which have regard for rates paid by the electricity authority of Victoria. Currently the total rate comprises a base rate $213.00, special payment $25.80 and service pay (max.) $13.50 a total of $252.30. To this figure must be added the district allowance for Dampier/Karratha of $38.00 (married rate). No gen- eral disabilities allowance is paid when employees are engaged on construction work as the base rate con- tains recognition of the range of work undertaken by building tradesmen in the S.E.C. 21681—17 As a general rule the employees who are based in workshops in Perth spend much of their time in the various facilities of the S.E.C. and as a consequence are subject to Clause 19.—Away from Home and Camp Allowance and Clause 20.—Fares and Travelling Time. The claims arise within the context described and are now dealt with. Claim 1. Members situated in caravans claim that in addition to satisfactory living away from home allowance, the sum of $26.00 per day should be added to provide for cost of meals for themselves each day. In the ordinary course employees are conveyed free of charge to the area in which they are to work. They are accommodated at the nearest suitable motel or hotel and are transported to and from the work site. Some of the construction jobs last for up to six or seven months and by arrangement with the S.E.C. some employees use caravans, wither their own or those hired at caravan parks. In some cases they bring their families with them. As part of the ar- rangement the S.E.C. pays them an allowance of $80.00 per week for the use of the caravan. In ad- dition they receive an electricity subsidy for aircon- ditioning over the hot period and reimursement for site costs. The unions claim that the employees not utilising the accommodation arranged be paid an allowance to cover the cost of meals as the total costs involved in being away from home are not covered by the allow- ance paid. The S.E.C. says that the employees have opted out of the normal arrangement to suit their own purposes and, while it is prepared to contribute on a voluntary basis towards their costs, it does not believe it should contribute to the extent claimed by the unions. Some preliminary matters call for comment. First it is clear that the award provision is rigid and per- mits no flexibility. Next, the provision poses some difficulty on interpretation and finally, the parties have been quite happy to permit a practice to de- velop which is not provided for in the award. Subclause (1) of Clause 19 is in these terms: (1) When a worker is instructed to proceed to a job at such distance that he cannot return to his home each night, the employer shall pay, except when a camp allowance is paid under subclause (2) of this clause, a proper allow- ance at current rates for the necessary meals and board and lodging. It refers to the "necessary meals and board and lodg- ing" and there is some difficulty in understanding the use of the two words "meals" and "board". There is a possibility that "meals" means meals other than those provided as board, for example, midday meals during the week. In any event it appears to me that there is an obligation to provide payment for both meals and lodging and there is no specification as to the form the meals and lodging should take other than that they be "necessary". I can readily understand that the practice relating to caravans is a recognition of today's needs yet it avoids the intent of the provision if one has regard for the essential element of away from home pro- visions in awards that employees should not suffer any loss through being away from home. It is clearly the understanding of the employer and the em- ployees too I suspect that the current practice is a reasonable alternative to the general practice of ar- ranging hotel or motel accommodation. I say this be- cause the practice has operated for many years with- out major problem and it is only now that the question of meals appears to have come to the sur- face. These comments are not intended to identify any rights that may exist in the clause. They are made to provide the background for what is to follow. 2616 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. It seems to me that the elements of meals and lodg- ing are capable of individual consideration and, although it is administratively convenient to consider the two together as hotel or motel accommodation, this is not the only method available. Reverting to the concept of no loss when away from home, I be- lieve it possible to consider an arrangement where parties are able to satisfy that concept without the automatic coupling of meals and lodging. In summary, the award as it stands probably re- quires the payment of money for necessary meals when away from home, regardless of the form of lodg- ing. Such comment is consistent with the basic con- cept. There is need for the parties to examine the method for this to be done. I do not accept that the payment of a fixed sum is consistent with the basic concept so it becomes a matter of logistics in relating payment and cost. It may for example be better in some situations to supply a meal rather than pay either in advance or retrospectively. Regardless of how it is arranged, there is clearly a need for the award provision to be amended to pro- vide greater flexibility so that parties may adjust their arrangements to suit the needs as they may vary from time to time and place to place. I make no order in regard to this claim now as I be- lieve the parties should have the opportunity to look at the question as it relates to all of the employees in the total operation. The matter is adjourned for this to take place. Claim 2. That workers should be entitled to live in single room accommodation rather than double up as currently required. The simple proposition put by the unions is that it is unreasonable to require men to share accommo- dation particularly for the length of time taken by many of these jobs. In reply, the employer says that the provision of shared accommodation is a matter of policy as such accommodation is better equipped and should be more acceptable to employees. I believe it to be necessary for employees to have privacy during their leisure hours and that can be achieved only by providing single accommodation. I accept that some employees may want shared accom- modation and that in some cases it is just not pos- sible to secure single accommodation. In general terms however, I accept the claim by the unions. Claim 3. Workers claim no satisfactory reason exists to disallow the living away from home allowance to be provided each fortnight in addition to their normal pay envelope. In this matter there seems to be no easy solution to the problem so far as the Commission is concerned. To order as the unions claim would, in my opinion, do no more than create an accounting nightmare for the S.E.C. necessitating endless reconciliations and consequent adjustments, so generating further de- lays. Employees are expected to carry about three weeks' expenditure throughout their time away so creating in my view an unnecessary burden. The combination of an initial cash advance plus a shorter processing period for example, would do much to re- lieve the problem. At this time I do not believe it ap- propriate for the Commission to make an order in specific terms as the problem should first receive special consideration by the employer so that the system introduced will be compatible with the gen- eral accounting procedures of the S.E.C. Claim 4. The construction workshop and engineering group (electrical group) claim the same fares and travelling as provided in their respective parent awards. It has been said before (61 W.A.I.G. 977) that the S.E.C. is not involved in the construction industry, nor is it involved in the metal trades, building trades, engine driving and so on industry. It follows that fares and travelling time provisions in each of the awards should be the same because in my view there is no reason to distinguish one group from another. Whilst it may well be the case that provisions in the awards have an historical relationship with re- spective parent awards, common sense dictates that all employees in the power generating and supply in- dustry should have the same conditions in matters of general application. This is a matter for all the unions concerned and I am not prepared to make an order in the terms sought as it would involve a small section of the workforce and possibly inhibit a proper examination of the matter as it applies to all employees. Claim 5. All workers claim R & R Leave provisions in the same terms as provided for in "Distant Work" provisions of the National Building Trades Construction Award. In general principle I accept the need for the introduction of rest and recreation leave provisions for employees required to be away from their depot in Perth for continuous periods of more than four months. Whilst those provisionsin awards such as the Metal Trades (General) Award Part II relate to con- struction work, in the context of the S.E.C. there ap- pears to be no reason to distinguish between con- struction and maintenance work. I would be prepared to issue an order in terms similar to those contained in the Metal Trades Award with the obvious necess- ary alterations. The final terms of such an order will be settled by means of a conference to follow the handing down of these reasons. Claim 6. The workers claim a site allowance of 80 cents per hour for each hour worked in addition to their current entitlements to cater for climatic and other disabilities associated with working in the North-west. This claim stems from orders of the Australian Conciliation and Arbitration Commission in recent times when it has been said that the disability of working at a number of construction sites in this State was greater than that contemplated by the rele- vant Federal building construction awards. An amount of 80 cents per hour was fixed by the Aus- tralian Commission by decision dated 25th February, 1981 for employees of contractors and subcontractors engaged on the North West Shelf Project at Karratha and Burrup Peninsula for conditions described as ex- cessive dust, harsh conditions, swarms of flies, ex- cessive heat and extremes in regard to the terrain (Print E5529). It appears that that allowance has been extended to other construction workers in the area who are not engaged on the Shelf Project either by order of the Australian Commission or by agreement. It was said by the union applicants in these proceedings that the payment of the 80 cents per hour is being made on most construction sites and can now be said to be the going rate for disabilities in the area. In reply, the S.E.C. emphasises the fact that it is not engaged in the construction industry and that what may be de- termined in that industry has no necessary relevance in the power generation and supply industry. It points to the fact that, on the three jobs inspected at Karratha/Dampier, the disabilities are variable de- pending on the site and stage of construction and says that it would be wrong to fix such an allowance having general application. The matter of rates of pay for building trade em- ployees of the S.E.C. was before the Commission earlier this year (61 W.A.I.G. 779) and rates were fixed having regard for those paid by the Victorian electricity authority. As part of that determination the disabilities allowance was absorbed and the rates can now be said to reflect the general activity of that group of employees, that is the skills, the type of work and its place in the industry. The fact that the 27th October, 1982.J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2617 industry is State wide is accommodated by the ad- ditional payments prescribed by the District Allow- ance clause which for a single man in the Dampier/Karratha area is $19.00 per week, of which some $6.00 is the nominal amount paid for the effects of the climate. Accepting for the moment that the District Allow- ance payments are the appropriate amounts neces- sary to compensate for living in the area, and nothing has been put to me to suggest otherwise, then there is no cause to disturb the existing rates of pay. I say this having regard to the fact that inspection of the work revealed nothing unusual. The sites were no different from any that may be seen throughout the State. Certainly conditions vary with the time of the year, the soil composition, the extent of the job, its associ- ation or proximity to other jobs and the availability of facilities, but overall there is nothing about the work which distinguishes it from any of the many "construction" jobs done by Government depart- ments and agencies throughout the State. I therefore have considerable difficulty in ac- cepting that the existing wage can be increased by 80 cents per hour for the work at Karratha/Dampier without there following a similar claim with respect to that work done in the rest of the State. It is worth recording that, when wage rates were fixed in April of this year, a comparison of rates as between the private industry carpenter and the S.E.C. carpenter shows that the S.E.C. carpenter re- ceived $10.50 per week more than his private indus- try counterpart. S.E.C.; Base $199.50, Special Pay- ment $25.80, Service Pay (Max.) $13.50, total $238.80. Private; Base $179.70, Disabilities Allowance $10.00, Additional payment $30.90, Special Allow- ance $7.70, total $228.30. Such differences are inevitable when regard is had for the fact that the comparison is made between the building construction industry and the power gener- ation and supply industry. Justification for such dif- ferences is well known and need not be repeated here. Their significance can be seen only after an examin- ation of the total terms and conditions of employ- ment in the compared industries. I conclude there is no merit in the claim on the basis of the disabilities encountered on the sites, nor do I see the existence of the payment in the building construction industry a reason to extend it to the in- dustry covered by the Building Trades (S.E.C.) Award. Such conclusion does not of itself preclude a claim with respect to a particular site where disabilities are seen to be out of the ordinary. Claim 7. In lieu of current Award provisions relating to travelling to distant jobs (currently eight hours) the workers claim a more reasonable period of two and a half days, i.e., 20 hours, when travelling by road. In practice the S.E.C. transports its employees by plane from Perth to the towns in the North. In the case of Karratha that means a two to three hour travelling and waiting time. Employees who elect to take their cars are given the cash equivalent of the air fare and a day's pay. The travelling day is usually Friday and work commences on the following Monday. So in practical terms no time is lost as each of the towns is probably within three days' travelling by car from Perth. The union's claim seeks to extend the day's travelling to a maximum of two and a half days on the basis that employees should receive a day's pay at least with respect to each day on which they are travelling to the job. The award is in these terms: Clause 20(1) When a worker is instructed to proceed on duty away from his permanent depot, he shall be entitled to second class return fare by rail or road bus transport and subject to subclause (2) of this clause shall be paid at ordi- nary rates for the actual travelling or waiting time for the first eight hours and thereafter at half the ordinary rate in any one period of 24 hours. and it is obvious that the award does not contemplate employees travelling by means of their own transport. The arrangement currently in practice is therefore a concession which recognises the reality of today's circumstances and does not in my view ap- pear unreasonable. It will be seen from these reasons that the award provisions are in some cases inadequate to cater for today's circumstances. I believe it time for all of the parties to the S.E.C. awards to consider updating and standardising the provisions relating to travelling and away from home. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR459 of 1981. Between Building Trades Association of Unions of Australia, (Association of Workers) and Others, Claimants, and State Energy Commission, Re- spondent. Order. HAVING heard Mr G. Young on behalf of the Build- ing Trades Association of Unions of Western Aus- tralia (Association of Workers), Mr. J. Cummins on behalf of the Builders Labourer's Federated Union of Workers, Mr. C. Saunders on behalf of the Federated Engine Drivers and Firemen's Union of Workers of Western Australia, Mr W. Donohoe on behalf of the Electrical Trades Union of Workers of Australia and Mr R. Watts on behalf of the respondent, and having later heard Mr A. R. Beech on behalf of the Electrical Trades Union of Workers of Australia and the Build- ing Trades Association of Unions of Western Aus- tralia (Association of Workers), Mr R. A. Keegan on behalf of the Federated Engine Drivers and Firemen's Union of Workers of Western Australia and Mr S. H. Dunstan on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders that— Notwithstanding the provisions of the Engin- eering Trades (State Energy Commission) Award No. 1 of 1969, the Building Trades (State Energy Commission) Award No. 1 of 1959 and the Engine Drivers (State Energy Commission) Award No. 15 of 1977, the following provisions shall apply to employees of the State Energy Commission of Western Australia— 1. Where an employee travels away from his permanent work depot to a tempor- ary work location north of the 26th par- allel of south latitude and is unable to return to his home each night, the fol- lowing shall apply: (1) Single room accommodation, where available, will be supplied to employees upon request. (2) Where an employee requests, and the State Energy Com- mission approves, the use of caravan accommodation in lieu of accommodation normally sup- plied by the State Energy Com- mission, such employee shall be 2618 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. provided with the necessary meals by way of payment of an allowance of $70.00 per week and, in addition, by the supply of the midday meal for each day worked. (3) (a) After four continuous months' service north of the 26th parallel of south lati- tude, an employee shall be granted a return air fare in order to return to his perma- nent work location at a weekend to be mutually agreed upon between the employee and the State Energy Commission. In ad- dition the employee shall be entitled to two days' leave on ordinary pay. In the case of an employee whose permanent work depot is in the Perth metro- politan area, the employee may return to Perth. Other employees may return to the place of their permanent work location. (b) After each further period of four months' continuous ser- vice, an employee shall be granted a return air fare and in addition to the weekend, an employee shall be en- titled to two days' leave, one of which shall be on ordinary pay and one of which shall be unpaid. (c) The entitlement to leave and travel accruing to an em- ployee pursuant to subclauses (a) and (b) hereof may be availed of as soon as reasonably practicable after it becomes due and if it is not availed of within one month after it so becomes due the entitlement shall lapse. (d) Any time in respect of which an employee is absent from work, except an absence on paid sick leave when the em- ployee remains in the area of the temporary work location, or time spent on public hol- idays, shall not count for de- termining an entitlement to leave or travel under this clause. Provided any service counted as continuous ser- vice towards an entitlement under this clause shall not be counted towards any annual leave travel con- cessions provided by the State Energy Commission. (e) The provisions of this clause do not apply if the work upon which the employee is engaged will terminate within a further 28 days after the entitlement to leave and travel falls due, and the employee returns to his permanent work depot. Provided further that if it eventuates that the work upon which the employee is engaged does not terminate within that 28 day period and the employee has not re- turned to his permanent work depot then— (i) the entitlement to leave and travel applies from the date it originally fell due, and (ii) it shall be availed of within a further 14 days from the expiry of that 28 day period or the entitlement shall lapse. 2. This Order shall have effect on and from the 30th day of September, 1982. Dated at Perth this 6th day of October, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR413 of 1982. Between Electrical Trades Union of Workers of Aus- tralia (Western Australian Branch), Perth, Claimant, and Industrial Switchboard Manufac- turers—A Division of Kounis Nominees Pty Ltd, Respondent. Order. HAVING heard Mr W. L. Palmer on behalf of the claimant and Mr L. Girdlestone on behalf of the re- spondent, and by consent, the Commission, pursuant to the powers conferred under the Industrial Arbi- tration Act, 1979 hereby orders— that the wage rate payable on the 4th August, 1982 to each of those employees of Industrial Switchboard Manufacturers—A Division of Kounis Nominees Pty Ltd eligible to belong to the Electrical Trades Union of Workers of Aus- tralia (Western Australian Branch) Perth be in- creased from the beginning of the first pay period to commence on or after the 5th day of August, 1982— (i) if a tradesman by $17.50 per week; (ii) if an adult worker other than a tradesman by the amount which bears the same re- lationship to $17.50 as the wage rate pay- able to each such worker on the 4th August, 1982 bears to that of a tradesman; (iii) if an apprentice by a percentage of $17.50 being the percentage which appears against his year of apprenticeship in subclause (4) of Clause 32.—Wages of the Metal Trades (General) Award No. 13 of 1965; (iv) if a junior worker by a percentage of $17.50 being the percentage which ap- pears against his age in subclause (5) of Clause 32.—Wages of the Metal Trades (General) Award No. 13 of 1965 and in each case the result of the calculation shall be taken to the nearest 10 cents. Dated at Perth this 17th day of September, 1982. (Sgd.) D. CORT, [L.S.] Senior Commissioner. 27th October, 1982.] WESTEiRN AUSTRALIAN INDUSTRIAL GAZETTE. 2619 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR243 of 1981. Between The Federated Engine Drivers' and Firemen's Union of Workers of Western Aus- tralia, Claimant, and Western Mining Corpor- ation Limited, Respondent. No. CR262 of 1981. Between The Amalgamated Metal Workers' and Shipwrights' Union of Western Australia, Claim- ant, and Western Mining Corporation Limited, Respondent. Before Mr Commissioner G. J. Martin. The 2nd day of September, 1982. Mr J. E. Bainbridge on behalf of The Federated Engine Drivers' and Firemen's Union of Workers of Western Australia. Mr A. J. Marks on behalf of The Amalgamated Metal Workers' and Shipwrights' Union of Western Australia. Mr S. J. Carter on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: On the 2nd day of April, 1982 I issued reasons for decision and minutes of the proposed orders to be made in determination of the matters of disagreement between the parties ident- ified in each of these two matters (62 W.A.I.G. p. 1026). The parties spoke to the Minutes of the proposed decisions on the 7th day of April, 1982 and the de- cisions were issued (62 W.A.I.G. p. 1022 and p. 1030). Those decisions provided as follows: No. CR243 of 1981. That notwithstanding the provisions of the "Engine Drivers' (Nickel Mining)" Award No. 37 of 1968 as varied, consolidated and varied, or any other agreements existing between the parties to the said award: (1) Employees engaged in the calling of "Engine Driver" in the respondent's power house at its Kambalda Nickel Operations, shall be paid a "Smelter Switchboard Allowance" at the rate of 15 cents per hour. (2) (a) Employees engaged in the callings of "Engine Drivers" and employed in the respondent's power house at its Kambalda Nickel Operations, shall be paid $5.00 per week as a certificate allowance. (b) Employees engaged in the calling of "Crane Drivers" and employed at the respondent's Kambalda Nickel Operation, shall be paid $5.00 per week as a certificate allowance where such is held by an employee. (c) The said additional $5.00 per week is not to be applied for all purposes of the award. (3) Employees engaged in the calling of "Engine Driver" and "Greaser" in the respondent's power house at its Kambalda Nickel Operations, shall be paid a disability allowance at the rate of 60 cents per hour for the conditions under which work is performed. (4) This order shall have effect for ordinary hours of work from the beginning of the first pay period commencing on or after the 1st day of March, 1982 and where applicable, for all purposes of the award, as from the beginning of the first pay period commencing on or after the 7th day of April, 1982. (62 W.A.I.G. pp. 1030 and 1031.) No CR262 of 1981. That notwithstanding the provisions of the "Building and Engineering Trades (Nickel Mining and Processing)" Award No. 20 of 1968 as varied, or any other agreements existing be- tween the parties to the said award: (1) Employees engaged in the callings of "Mechanical Fitter", "Electrical Fitter" and "Tradesman's Assistant", and em- ployed upon the maintenance of the diesel engines and auxiliary equipment in and around the respondent's power house at its Kambalda operation, shall be paid an allowance at the rate of 60 cents per hour for the conditions under which they perform their work. (2) This order shall have effect for ordinary hours of work from the beginning of the first pay period commencing on or after the 1st day of March, 1982 and where applicable, for all purposes of the award, as from the beginning of the first pay period commencing on or after the 7th day of April, 1982. (62 W.A.I.G. p. 1022.) The respondent appealed against those parts of the orders contained in Clauses 1 and 3 of Order No. CR243 of 1981 and Clause 1 of Order No. CR262 of 1981. The Full Bench issued its reasons for decision on those appeals on the 24th day of June, 1982 (62 W.A.I.G. p. 1480) and issued the following order: Order. These matters having come on for hearing be- fore the Full Bench on the 28th and 31st days of May, 1982 and having heard Mr L. H. Pilgrim on behalf of Western Mining Corporation Limited; Mr J. E. Bainbridge on behalf of The Federated Engine Drivers' and Firemen's Union of Workers of Western Australia and Mr A. J. Marks on be- half of the Amalgamated Metal Workers and Shipwrights' Union of Western Australia and the Full Bench having reserved judgment on the matters and judgment being delivered on the 24th day of June, 1982 wherein the Full Bench found that the operation of parts of the decisions should be suspended and gave reasons therefor, it is this day, the 24th day of June, 1982 ordered that— (1) The operation of those parts of the de- cisions of Commissioner G. J. Martin dated the 7th day of April, 1982 reflected by Clauses 1 and 3 of the order in matter No. CR243 of 1982 and Clause 1 of the order in matter No. CR262 of 1981, be suspended; and (2) The said parts be remitted to Com- missioner G. J. Martin for further hear- ing and determination. (62 W.A.I.G. p. 1483.) I so further heard the parties on 28th July, 1982 and reserved decision. No. CR243 of 1981. Clause 1. Smelter Switchboard Allowance. In my reasons for decision upon the claim to in- crease this allowance from seven cents per hour to $3.00 per hour, I said inter alia: The Commission concludes from that evi- dence, the inspections and the other material en- tered by the parties, that the need for care and close monitoring of the smelter switchboard by the operators has not changed since the parties last set the extra remuneration for that added work responsibility and that claim will not there- fore be allowed subject to what is to follow. 2620 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. The allowance has more than kept pace with increases in the Consumer Price Index in that so adjusted, the 2.5 cents of 1974 would now be 6.3 cents. Further, the allowance set by the parties in 1974 bore a percentage relationship to the power house allowance of 25 per cent and in the Commission's consideration of that allowance, that percentage relationship will be maintained. (62 W.A.I.G. p. 1026 at p. 1027.) In the appeal, matters No. 323 and 324 of 1982 it was said of that conclusion: In fact the Commission did not employ the ad- jective "automatic" though it did refer to a 25 per cent relationship between the allowances and decided and prescribed that that percentage re- lationship would be maintained. It was not part of the union's case that the relationship between the allowances was significant or should be pre- scribed. All that was before the Commission from which it could conclude that there was a percentage relationship between the allowances when they were fixed in 1974, was a letter of 14th March, 1974, part of Exhibit A. At the time the claim was made the percentage relationship had changed. The manner in which its conclusions are expressed as set out in ground I of this ap- peal, does not suggest that the Commission con- sidered the amount of the allowance agreed upon by the parties was inadequate, not disclose any reason why it should be increased or fixed at 25 per cent of the power house allowance. Indeed. with respect, given those findings a decision to vary the allowance does not appear to be in ac- cordance with the substantial merits of the case. 1 would therefore uphold this part of the appeal. (The President—62 W.A.I.G. p. 1480) (My emphasis). I acknowledge the correctness of those remarks as emphasised and now determine that matter of dis- agreement by dismissing that claim. Power Station Disability Allowance. (Clause 3 of matter No. CR243 of 1981 and Clause 1 of matter No. CR262 of 1981.) In my original reasons for decision, I said inter alia: The manning of the power station on shift is two engine drivers and one greaser. The claimant contends that the greaser is "out and about" in the engine room most of his time and that it is the practise for the engine drivers to alternate between the control room and the engine room so that in the generality, they spend half of each shift in the engine room. (62 W.A.I.G. p. 1026 at p. 1029.) That evidence also indicates that the engine drivers do spend approximately half of each shift in the engine room and half in the control room. The Commission was not told of the frequency of work by the maintenance personnel as be- tween the engine room, workshop and power house surrounds, but as they do not seek an al- lowance different from that sought by the engine drivers and greasers, it is of no moment. Having regard to the submissions and evi- dence placed before it, the inspections made and the comparisons referred to, the Commission is of the view that the power house disability allow- ance is inadequate and that it should be rated at 60 cents per hour. The Commission emphasises "at 60 cents per hour" because such is not warranted for work in the control room or the workshops. Whilst the minutes of the proposed decision will so provide, the parties are to address the Commission on whether or not the practice is presently to pay by the hour or to pay it as a weekly rate regardless of the time the disabilities are experienced and in which case the Com- mission may give consideration to an average rate on the best of the material it has before it (and as a consequence of what was said under the heading of the smelter switchboard allow- ance, that allowance will become 15 cents per hour). (62 W.A.I.G. p. 1026 at p. 1030.) At the speaking to the minutes of the proposed de- cision on the 7th day of April, 1982 I was informed that it was the practise to pay the existing power house allowance of 33 cents per hour to all of the em- ployees concerned for each hour of work whether as- sociated with the disabilities for which it is created or not. Accordingly, I said: I do not think, gentlemen, that fact that the amounts have been increased of itself is a reason to change the method of application that has been used in the past. It has not been changed as the allowance has gone up from time to time; and the fact that it has gone up on this occasion pro- vides no additional reason. I do see the administrative and industrial dif- ficulties that could arise with carving it up piece- meal and that is why I was hesitant to be final about it in my reasons for decision. Having told me of what has occurred in the past, I will not change the method of application. It is to be understood that it is paid for each and every hour for the particular persons concerned in the same way as in the past. (Transcript notes of proceedings p. 146.) In its reasons for decision in the appeals, the Full Bench said of the power house allowance, inter alia: The order then issued in its present form and that is the decision against which appeal is brought. It is inconsistent with the qualified finding. Perhaps it may be more correct to say that to the extent that it gives effect to the finding of the Commission, it is against the evi- dence and the weight of the evidence. One can appreciate difficulties for the Commission (such as those the Commissioner referred to) in giving effect, in its decision, to the fact that 60 cents per hour is not warranted for work in the control room or the workshop. Nevertheless I think the decision in failing to do so is not in accordance with section 26 of the Industrial Arbitration Act, 1979. Whether it is appropriate to fix an amount by average or in some other way is a matter for the Commission to determine upon all the material before it and it seems to me to be necessary to remit the matter to it for that purpose. I do not think that the Full Bench, though empowered, is able, in the circumstances, to vary the decision in terms which the Commission could have awarded. I reach that opinion because special consideration must be given to the position of greasers and the maintenance personnel, that is, the metal trades classifications. I have not found in the transcript or in the reasons for decision any reference to the time normally spent by greasers in the engine room or, conversely, in the control room and elsewhere. Similarly, the Com- mission in its reasons for decision observed that it "was not told of the frequency of work by the maintenance personnel as between the engine room, workshop and power house surrounds, but as they do not seek an allowance different from that sought by the engine drivers and greasers it is of no moment". In the result it may well be of moment. It is probable, in the order of things that the maintenance personnel spend substan- tial time in the workshops which are part of the area where 60 cents per hour is not warranted. The claims for the respective classifications were heard together. Each classification sought the 27th October, 1982.J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2621 same allowance and it is equitable that they re- ceive the same allowance for equal disability. Having said that, I appreciate that it seems to have been customary to make one average pay- ment to power station operators, greasers and maintenance personnel, albeit that such em- ployees may spend differing periods in the en- gine room and it appeared from the speaking to the minutes that the Commission proposed to adhere to that practice. I am not to be taken as suggesting that practice ought not be followed. The remission of the matters under appeal will permit, and I think, oblige the Commission to ascertain the approximate time spent in the en- gine room and control room by the classification other than engine drivers. In that way it will be able to deal evenly with all of the classifications seeking a common allowance. I fear that to per- mit the order in favour of the maintenance per- sonnel to stand while the other matter is remit- ted would be wrong because there are grounds to which I have referred, for concluding that the order (decision) in favour of the maintenance personnel is manifestly unjust as alleged in ground 3 of the appeal in respect of that matter. Similar observations relate to that part of the other order concerning greasers. (The Presi- dent—62 W.A.I.G. p. 1480 at pp. 1481 and 1482.) (My emphasis.) At the further hearing, the applicant in the engine drivers' matter, asserted that greasers spend the majority of their time in the engine room. On behalf of tradesmen and their assistants, the parties could not quantify the frequency and dur- ation of time spent by those employees in the engine room and its surrounds compared with the workshop. The applicant informed me that since the first de- cision, the power house disability allowance to which it had referred in the original proceedings (62 W.A.I.G. p. 1026 at p. 1029), had been increased to 52 cents per hour. (i.e. Newman and Paraburdoo and where that amount is paid for all hours worked, wherever worked.) All parties agree that the power house allowance now under review should be uniform for all the call- ings concerned and paid for every hour worked each week. The applicants support the continuation of my ori- ginal finding. The respondent does not. It complains of two major errors by me in the original fixation of 60 cents per hour. Firstly and primarily, it contends that I ought not to have interfered with an allowance agreed upon be- tween the parties as the existing 33 cents per hour was and is part of a package deal between the parties on a number of disputed matters; and secondly, that I ought not to have made comparisons with other power stations without allowing it to view those other power stations and make comment and submissions upon them. Other submissions of less substance were also made upon the history of the package deal and the origins of the allowance and other payments made outside of the provisions of the relevant awards. The respondent demands that my original finding be quashed. As to those major complaints, the Full Bench said in not upholding them as grounds of appeal (Grounds 1 and 2): Dealing with grounds 1 and 2, the Commission was told that a rate of 33 cents per hour for dis- ability was fixed by agreement in December 1980 (T.144, 145). The Commission was provided by the claimant union with a list of disability allow- ances paid at diesel power stations by the S.E.C. and certain Pilbara iron-ore companies (exhibit 12). Those allowances were fixed by agreement and this Bench was informed that the relevance of the comparison was not challenged at that time. The Commission was entitled therefore to reach the opinion that allowances at those other power houses (or stations) was relevant to the question of the adequacy or otherwise of the al- lowance under consideration. Moreover famili- arity with the conditions of the other power houses permitted comparison with conditions in- spected at Kambalda. The agreement of the par- ties in 1980 might be thought to have fixed an adequate rate but it is significant that it did not settle the dispute and within six months claims for higher allowances were referred to the Com- mission for hearing and determination. The agreement is therefore not conclusive of ad- equacy. The Commission was not required to, nor did it, express any opinion as to that. How- ever ground 1 assumes the rate agreed in 1980 was an adequate rate. Ground 1 also omits reference to the inspections and comparisons which formed part of the material before the Commission and from which, expressly, it drew its conclusions. The employer not objecting, the Commission wasTm my opinion, quite entitled to use for comparison, material relating to the Pilbara. I therefore cannot accept what the appellant postulates in grounds 1 and 2. (The President—62 W.A.I.G. p. 1480 at p. 1481.) (My emphasis.) The respondent reminded me of what I said, and more importantly quoted in matter No. C187 of 1975 of the T7th day of September, 1975 and which reads as follows: The one remaining factor to be considered is whether or not there is something special about the work which warrants compensation ad- ditional to the disabilities allowance currently payable. The Commission notes that after the regis- tration of the Industrial Agreement No. 14 of 1974 the parties negotiated the group slotting of classifications within the five groups of disabilities payments and reduced that work into a schedule described as Schedule 3 of the pri- vately produced copy of the Industrial Agree- ment and a copy of which was provided to the Commission. Note 5 of that Schedule reads as follows: 5. Group slottings to the extent possible and practical have taken into account all normal circumstances of work for the respective classifications. This type of approach to compensation for particular disabilities undoubtedly commends itself to administrative convenience but also suf- fers the defects as mentioned in a decision of the Australian Conciliation and Arbitration Com- mission in the matter of Nabalco Pty. Limited and the Amalgamated Metal Workers' Union (C No. 3304 of 1974) on the 9th day of January, 1975. Wage Payments in Lieu of Disabilities— It is important to bear in mind that the award is a consent award made by this Com- mission following negotiations between the parties. The Commission normally would not disturb the terms of agreement unless compelling reasons were put forward es- pecially as to a fundamental part of those terms. (55 W.A.I.G. p. 1461 at p. 1463.) (My emphasis.) I agree with the view expressed and emphasised in that decision of the Australian Conciliation and Arbi- tration Commission. But in the matter before me we have the case of an arrangement existing outside the award (and that of itself does not make it less sacro- sanct than an award matter), and on that arrange- ment some of the parties say that despite their agree- 2622 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. ment to the arrangement at the time, subsequent events reveal a situation which needs further remedy in their view. The respondent wouldn't acknowledge that so it ends up with the Commission. It may have been the case that if the respondent had complained clearly and as loudly and pursued its viewpoint at the stage when the matters were being discussed in conference, the matter would not have been placed before the Commission for hearing at all or it could even have taken it as a preliminary matter in the hearing. However such was not the case and I do not see how it would be equitable or just now to walk away from the problem. Accordingly, 1 will not dismiss this part of the mat- ter for that reason. The second major criticism by the respondent was dealt with by the Full Bench decision and not found to be improper and needs no further comment from me (see 62 W.A.I.G. p. 1480 at p. 1481). I am accordingly not persuaded against my original finding of 60 cents per hour as a power house allow- ance for each hour spent in the engine room and ancilliary places the subject of similar disabilities. To average that amount for every and each hour of work, whether subject to the disabilities or not as the parties request should continue to be the practise, would mean 30 cents per hour for the engine drivers (operators) (and less than the 33 cents already being paid), the majority of 60 cents per hour for the greasers and for the tradesmen and their assist- ants. The information before me suggests a figure in the vicinity of 45 cents. That figure is to the advantage of the engine drivers and possibly to the detriment of the greasers, but any average will have that effect. As to the tradesmen and their assistants, I do not know. New minutes now issue in accordance with the Act on the matters remitted for hearing and determi- nation and may be spoken to by the parties, if they so wish, at noon on Friday the 3rd day of September, 1982. Decision accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR243 of 1981. Between the Federated Engine Drivers' and Firemen's Union of Workers of Western Aus- tralia, Claimant, and Western Mining Corpor- ation Limited, Respondent. Order. HAVING further heard Mr J. E. Bainbridge on be- half of the claimant and Mr S. J. Carter on behalf of the respondent, by virtue of Order No. 232 of 1982, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That notwithstanding the provisions of the "Engine Drivers' (Nickel Mining)" Award No. 37 of 1968 as varied, consolidated and varied, or any other agreements existing between the parties to the said award: 1. (a) Employees engaged in the callings of "Engine Drivers" and employed in the respondent's power house at its Kambalda Nickel Operations, shall be paid $5.00 per week as a certificate allowance. (b) Employees engaged in the calling of "Crane Drivers" and employed at the respondent's Kambalda Nickel Operation, shall be paid $5.00 per week as a certificate allowance where such is held by an employee. (c) The said additional $5.00 per week is not to be applied for all purposes of the award. 2. Employees engaged in the calling of "Engine Driver" and "Greaser" in the respondent's power house at its Kambalda Nickel Operations, shall be paid a disability allowance at the rate of 45 cents per hour for the conditions under which work is performed. 3. This order shall have effect for ordinary hours of work from the beginning of the first pay period commencing on or after the 1st day of March, 1982 and where applicable, for all purposes of the award, as from the beginning of the first pay period commencing on or after the 7th day of April, 1982. Dated at Perth this 3rd day of September, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR262 of 1981. Between: The Amalgamated Metal Workers' and Shipwrights' Union of Western Australia, Claim- ant, and Western Mining Corporation Limited, Respondent. Order. HAVING further heard Mr A. J. Marks on behalf of the claimant and Mr S. J. Carter on behalf of the re- spondent, by virtue of Order No. 324 of 1982, the Commission pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That notwithstanding the provisions of the "Building and Engineering Trades (Nickel Mining and Processing)" Award No. 20 of 1968 as varied, or any other agreements existing be- tween the parties to the said award: 1. Employees engaged in the callings of "Mechanical Fitter", "Electrical Fitter" and "Tradesman's Assistant", and em- ployed upon the maintenance of the diesel engines and auxiliary equipment in and around the respondent's power house at its Kambalda operation, shall be paid an allowance at the rate of 45 cents per hour for the conditions under which they perform their work. 2. This order shall have effect for ordinary hours of work from the beginning of the first pay period commencing on or after the 1st day of March, 1982 and where applicable, for all purposes of the award, as from the beginning of the first pay period commencing on or after the 7th day of April, 1982. Dated at Perth this 3rd day of September, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.. 2623 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR327 of 1981. Between University Salaried Officers Association of Western Australia (Union of Workers), Claim- ant, and Vice-Chancellor, University of Western Australia, Respondent. Before Mr Commissioner G. G. Halliwell. The 24th day of August, 1982. Mr R. W. Clohessy on behalf of the Claimant. Mr R. J. Slater on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: The matter referred to the Commission for hearing and determination, pursuant to section 44 of the Act, is, as follows:— The Respondent, on or about March 1981, as part of a scheme which altered the on-call ar- rangements for technical staff in the University Workshop, stopped the practice of allowing three of its Works Foremen the use of vehicles to travel to and from their residences and the Re- spondent's workplace. The Applicant contends that the foremen should have the benefit re- stored or alternatively be provided with an ad- equate daily travelling allowance, but the Re- spondent objects. When the matter came on for hearing the Com- mission was advised that the dispute had been reduced to one (1) foreman. Simply put, the Claim- ant's argument is that from approximately 27 January, 1970, until March 1981 it was expressly and/or implied that one condition of employment of Mr D. Hannah, as Foreman Plumber, was the use of a vehicle to travel to and from work each day and for other purposes not material here. This alleged "condition of employment" having been unilaterally withdrawn in March 1981, then compensation by way of a daily travelling allowance should be awarded to compensate for the loss of the use of the vehicle. For the Respondent it was contented in summary that:— MR SLATER: I would simply reiterate the reasons, in the University's view, why the vehicle was provided. It was to enable the foreman to re- turn to work in an emergency situation and it de- pended upon him being available to return. The fact that there is now no requirement for him to return in our view removes the need for the vehicle. Notwithstanding Mr Hannah's evidence, I would suggest that there is nothing documented and certainly no other employee of the Univer- sity was given a vehicle in which to travel to and from work. The other foremen recognised that the vehicles were there for a particular reason, not as a benefit of their employment. I think this is recognised with the fact that the other foremen have now accepted what was offered. (Transcript page 35.) The first requirement is to establish whether the provision of a vehicle formed part of his contract of employment, and to this end I set out the relevant portions of the evidence hereunder:— Would you agree that the reason was to pro- vide you with transport to get back to work in the case of an emergency situation?—Partly I will agree with that. What is the other part then?—The other part is where there is a mutual agreement between the University and me that I woud be supplied with a vehicle, and that was something which took me to the job. I lost wages going to the Uni- versity but the vehicle compensated for that Yes?—Number one: The arrangement that had existed prior to 1970 and obviously it existed when Mr Hannah joined the University was that the then three foremen, the general foreman, the electrician and the plumber—those were the areas that things tended to break down more fre- quently—were provided with a vehicle and al- lowed to take it home for two reasons. One was for ready return to the University and two was in some recognition of the fact that they agreed, if called upon, to return but they were not on call and I think this must be made quite clear. If they were home and contacted, they were expected to come back but they were not asked to stop home or interfere with their leisure time at all in any shape or form. That is why they changed the system because it was too wide open. HALLIWELL C: There is something bothering me at the moment and I would like your view on it. Mr Hannah has said categori- cally in evidence—and his evidence was not damaged in terms of cross-examination—that one of his conditions of employment when he started was the provision of a vehicle. You have explained that he inherited the vehicle from the previous foreman plumber?—I am confident that that was correct. One of the terms of em- ployment was that he would be provided with a vehicle to come in when called. Yes: he was pro- vided with it. (Transcript pp 17, 18, 30 and 33.) (Emphasis mine.) It would appear reasonable to conclude from the above evidence that a vehicle was supplied as part of the contract of employment. I accept that there were reasons, from the employer's viewpoint, why a vehicle was supplied as part of the contract. This does not detract, however, from the existence in the contract of the benefit of a vehicle. It is settled law that one party to a contract cannot alter the contract without the agreement of the other and in this case there was no such agreement, instead a compensatory benefit was sought. If I be wrong as to the position at law, then there clearly was a custom and practice in existence for some ten (10) years whereby the employee concerned received a benefit i.e. use of vehicle. Several decisions of industrial tribunals on this subject are quoted below. Mr Justice Sheehy of the NSW Industrial Commission stated, inter alia:— It is not claimed by the unions that the con- cession should apply to that day and the claim is limited to Saturdays being based on long-stand- ing practice. The company claimed that because working conditions are different on non-production days and disabilities are less pronounced, there is no occasion for any concession to be made, the pre- vious custom not being relevant to present con- ditions. I consider that the unions have established a case for the continuance of the benefit at Illawarra for work on Saturdays whether they are production days or not, but nothing in this judgment is to be taken as justification for its ex- tension to the other works. (AILR No. 150 of 1977 at pp. 3, 4 and 5.) (Emphasis mine.) Further, on a similar issue, Mr Justice Watson said:—Transport after overtime. This part of the dispute with the maintenance section unions arose following a claim on behalf of production workers for concessions similar to those allowed to maintenance employees. Fol- lowing this the company discontinued the prac- tice of providing taxis for maintenance em- ployees to return home in circumstances relied on by the production employees. 2624 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. Where they have finished overtime at a time which coincides with the end of shift, that is, when a double shift has been worked, taxis have been provided for them by the company although the usual shift transport may also be available. This has been the practice for very many years. The claim of the unions is that the company should be required to continue the provision of a taxi where thev have been provided in the past, and that, where the employee has not his own transport or a lift available to him, he should not be required at the end of a double shift to take public transport home even though he may do so at the end of a normal shift. I am satisfied from a careful consideration of the evidence that there has been a practice which amounts to a "usage" in the maintenance section in the provision of taxis in the circum- stances in issue in this case and set out above. In so far as employees at present employed are con- cerned and who enjoy this benefit namely those who do not and have not been providing their own transport, the practice should not be discon- tinued. (AILR No. 174 of 1977.)(Emphasis mine.) and finally Mr Commissioner Paine of the Australian Conciliation and Arbitration Commission expressed the view that:— The basis for the claim is said to lie in the terms of the employment contract in which such provision is expressed or implied. The reliance upon this contention emanates from past prac- tice and a provision contained in a Personnel Manual which originally, it appears, contained the following: This original provision which is undated was however subsequently changed at a date un- known to the Association and except as to what information is hereinafter detailed, is not available to this Commission. This Commission is therefore unaware of the considerations which led to TAA changing its practice unilaterally without, consultation and while I am unable to find on the evidence a firm written contractual commitment to afford the benefit which may now be denied according to the time the medical officer makes a determi- nation in respect to an officer's condition I am of the opinion there were obligations existing by reason of custom and practice which would have justified a different approach from that which was adopted in respect to Mr Carpenter. (Print D744 at pp. 1, 2 & 6.) (Emphasis mine.) In the result the Commission concludes that pay- ment for loss of the benefit is warranted. As the ben- efit lost was use of a vehicle for travel to and from work then the kilometre allowance paid for use of pri- vate vehicles on business, by the State Public Service of W.A., should form the basis of calculation of the weekly payment in this case. The parties are directed to confer in light of the above and provide draft minutes of an order to the Commission. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR327 of 1981. Between University Salaried Officers Association of Western Australia (Union of Workers), Claim- ant, and Vice Chancellor, University of Western Australia, Respondent. Order. HAVING heard Mr R. W. Clohessy on behalf of the claimant and Mr R. J. Slater on behalf of the respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act 1979 hereby orders— That the respondent pay, until otherwise or- dered and agreed by the parties, to Douglas Hannah the rate of hire of his vehicle as set out in paragraph (b) of Clause 21 of award 16 of 1977 as amended or replaced from time to time, com- mencing from March 1981, to apply to the nor- mal return distance between his home and the respondent's place of business for each day upon which he attends to work for which the respon- dent has not provided suitable transport without charge. Dated at Perth this 17th day of September, 1982. (Sgd.) G. G. HALLIWELL, [L.S.I Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 880 of 1981. Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Western Aus- tralian Meat Commission—Robb Jetty Division, Respondent. Before Mr Commissioner G. J. Martin. The 31st day of August, 1982. Mr W. S. Latter and Mr W. R. Spencer on behalf of the applicant. Mr J. N. Serich on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: By this application the ap- plicant seeks an order setting out the conditions which shall apply to employees whose employment is terminated for reasons of curtailment or closure of the operations of the respondent in circumstances other than the normal seasonal reductions of em- ployees. The respondent opposes the application wholly. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2625 The application has it genesis in endeavours of the respondent to introduce a system of slaughtering of both sheep and cattle by a composite slaughtering team and known colloquially as a "mixed kill team". These endeavours are part of a number of measures introduced and contemplated by the re- spondent to maintain an economically and financially viable operation. It looms large in the minds of the applicant's mem- bers that the introduction of the mixed kill will result in about 60 of them being surplus to the respondent's requirements (see 62 W.A.I.G. p. 1049 at p. 1052) and that there could well be other displacements as the respondent trims its sails to the ill winds prevailing throughout the meat industry. As a result of discussions between the parties I pro- grammed the hearing of this application for the 6th day of January, 1982 and the hearing of the mixed kill matter on the 15th day of January, 1982 in order to deal as far as possible with the matters close together so that if the mixed kill matter was found in favour of the respondent and generated displacement of employees that latter situation was well in hand so far as their protection was concerned. I reserved decision in this matter on the 7th day of January, 1982 and upon the mixed kill matter on the 15th January, 1982. Considering that the main force of this application would disappear if the respondent was unsuccessful in obtaining the right to operate a mixed kill system of slaughtering I turned my atten- tion to that question first. On the 31st day of March, 1982 I issued Reasons for Decision for preliminary finding on that matter No. CR550 of 1981 (62 W.A.I.G. p. 1049). In those reasons I said inter alia— On the 22nd day of December, 1981 the Com- mission held a conference of the parties (No. C691 of 1981) on the application of the claimant to clarify the respondent's reference in its answer to an agreed method of procedure for the matter now under consideration. As a result of that conference, the Commission advised the parties that at the hearing of the matter of disagreement, the claimant was to put its whole case and the respondent, its case only on the general question of whether or not the claimant should introduce a mixed kill without going to the particulars of the implementation thereof and the Commission would give a pre- liminary finding on the question of "principle" leaving it to the parties to confer on the details if the claimant was successful and coming back to the Commission if agreement on detail could not be achieved. If of course, the claimant was unsuccessful on the question of principle, that would be the end of the matter. (62 W.A.I.G. p. 1049 at p. 1050.) and concluded— The Commission whilst accepting the logic of the claimant's proposition as an alternative to closure for the off season or substantial losses which may lead to full closure, will not allow it to become an unqualified fact. The Commission has no power to dictate that the claimant cannot op- erate as it chooses except to the extent that it can legislate to cause the least possible hardship to the employees concerned. The Commission does not support the casualisation of the indus- try as an equitable solution. To that extent, the Commission finds that the claimant may operate a mixed kill team and eventually the Meat Industry (Western Aus- tralian Meat Commission—Robb Jetty) Award No. 2 of 1976 will be so varied but only when: 1. The parties have exhausted the concili- ation process to reach accords upon the claimant's proposed details of the mixed kill system and have examined the specifics of what it entails including the actual composition of the mixed kill team, the individual employees to be in- cluded therein, those to be retrained or reclassified, who is to be displaced, and the arrangements for the relocation in employment of, or the monetary com- pensation for, such displaced persons. 2. That process should commence forth- with and the parties are to report prog- ress to the Commission on Friday the 23rd day of April, 1982 at 10.30 a.m. 3 In the event of substantial progress not being achieved by the date in 2. hereof, the Commission will resume the hearing of this matter to allow the respondent to present its detailed arguments upon the claimant's detailed proposals. 4. If necessary, the Commission will, at the time of issuing a decision on this matter, issue its decision upon matter No. 880 of 1981 and which is directly re- lated thereto. (62 W.A.I.G. p. 1049 at p. 1053.) (My Emphasis.) I heard the parties again on that matter on the 4th and 8th days of June, 1982 for the reasons set out in my reasons for final decision on the 7th day of July, 1982 (not yet reported) that is to say. The parties complied with conditions 1 and 2 on the dates and in the manner specified at pages 91 to 93 (both inclusive), of the transcript notes of proceedings, and the Commission was also involved in those conciliation processes. The "dead line" specified in condition 2 was extended by me to allow those conciliation pro- cesses to continue. In the result at a conference of the parties held before me on the 20th day of May, 1982, it was obvious that the conciliation process had been faithfully and meaningfully exhausted and I heard the parties in accordance with condition 3 on the 4th and 8th days of June, 1982 and re- served decision. (Roneod Reasons For Decision pp. 1 and 2.) I also stated in these reasons for decision Additionally, the claimant states quite clearly that there will be no displacement of employees as a result of the introduction of its claims (transcript notes of proceedings p. 98 and p. 148), and this resolves the specific items in condition 1 relating as to whom is to be dis- placed, arrangements for their relocation, or monetary compensation in lieu thereof, (page 2.) (My Emphasis.) Those reasons for decision concluded— Minutes of Proposed Decision. The claimant is to redraw its original claim to reflect the consensus achieved with the respon- dent and the relevant determinations therein, and supply copies to me and the respondent. A speaking to that document which will con- stitute the minutes of the proposed decision will then be arranged as will a date of operation. As matter No. 880 of 1981 was directed to the possible results of the determination of this mat- ter of disagreement, and as the remedies it sought do not appear to have any further relevance. I propose to strike it out subject to what the parties may care to submit at the speaking to the minutes of this matter. (Page 8.) (My Emphasis.) The speaking to the minutes of the proposed de- cision to be made in determination of matter No. CR550 of 1981 was held on the 3rd day of August, 2626 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 1982 and therein the parties and the Commission overlooked speaking to the question of the fate of this application as envisaged in my reasons for de- cision of the 7th day of July, 1982. My enquiries of the respondent since the date indi- cate that it wishes a decision upon the matter. Accordingly I have written these reasons for de- cision to explain why I now strike the application out. Summarised, I do so as the original cause for the application has abated and I do not consider it ap- propriate to "Legislate in a vacuum". Had there still been a problem to remedy or if such a problem arises in the future I consider it necessary to have the specific information referred to by me at 62 W.A.I.G. p. 1053, and referred to herein, for the purpose of determining specific remedies. In taking the action I have, no finding has been made upon the very detailed submissions made on behalf of the ap- plicant and the amount of work which obviously went into the preparation of its case. That material (and that presented on behalf of the respondent) remains on record and could be incor- porated in and form part of any future proceedings if such were to arise between the parties on this question. The applicant is in no way prejudiced in my view by the manner in which this application is being finalised and always has access to the quick processes of section 44 of the Act if it thought time was a diffi- culty. For all of those reasons the application is struck out. Decision accordingly. DISPUTES— Matters dealt with under Section 27— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR298 of 1981. Between The Australian Workers Union, West Aus- tralian Branch, Industrial Union of Workers, Claimant, and Hamersley Iron Pty. Ltd., Re- spondent. Order. PURSUANT to the powers conferred on it pursuant to section 27 of the Industrial Arbitration Act, 1979 and all other powers therein, the Commission hereby orders— That the application be struck out. Dated at Perth this 12th day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.I Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 880 of 1981. Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Western Aus- tralian Meat Commission—Robb Jetty Division, Respondent. Order. HAVING heard Mr W. S. Latter and Mr W. R. Spen- cer on behalf of the applicant and Mr J. N. Serich on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be struck out. Dated at Perth this 31st day of August, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. DISPUTES— Matters dealt with under Section 29 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 575 of 1981. Between Adrian Victor Whittingham, Applicant, and Snow Fresh (1979) Pty. Ltd., Respondent. Order. HAVING heard the applicant in person and Mr J. Birman on behalf of the respondent, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— That the application be struck out. Dated at Perth this 12th day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2627 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION No. 242 of 1982. Between Barbara Gray, Applicant and S. V. Blandford, Respondent. Order. THERE being no appearance on behalf of either the Applicant or the Respondent, the Commission, pur- suant to the powers conferred on it under the Indus- trial Arbitration Act, 1979, hereby orders— That the Application be struck out. Dated at Perth this 16th day of September, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 435 of 1981. Between Ivor Spencer James, Applicant, and Bond Corporation Holdings Ltd., Respondent. Order. HAVING heard Mr P. McKerrow (of Counsel) and later Ms J. P. O'Keefe on behalf of the applicant and Mr J. Birman on behalf of the respondent, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— That the application be struck out. Dated at Perth this 12th day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 620 of 1982. Between Douglas Henry Ratcliffe, Applicant, and P. C. Kerr and Associates, Respondent. Order. THERE being no appearance on behalf of the Appli- cant and Mr J. Birman on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be dismissed. Dated at Perth this 13th day of August, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. DISPUTES— Matters dealt with under Section 44— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR46 of 1982. Between Hospital Salaried Officers Association of Western Australia (Union of Workers), Appli- cant and Board of Management, Sir Charles Gairdner Hospital, Respondent. Order. HAVING heard Mr R. J. Howard-Smith on behalf of the Applicant and Mr J. V. Eftos on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act 1979, and by consent, hereby orders— That the Application be withdrawn. Dated at Perth this 14th day of September, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 628 of 1982. Between Gary Ian Reynolds, Applicant, and Neno Gangemi, Respondent. Order. THE parties having reached agreement and with the consent of the parties, the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979, hereby orders— That the application be struck out. Dated at Perth this 14th day of September, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. 2628 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR354 of 1982. Between Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers, Claimant, and West Australian News- papers Limited, Respondent. Before Commissioner G. J. Martin. The 7th day of September, 1982. Mr L. W. Giles on behalf of the claimant. Mr C. D. Stanley on behalf of the respondent. Mr M. K. Handbury on behalf of Nationwide News Pty. Ltd. trading as The Sunday Times (intervening). Reasons for Decision. THE COMMISSIONER: The following matter of disagreement had not been resolved by virtue of con- ferences of the parties held by me pursuant to section 44 of the Industrial Arbitration Act, 1979 on the 2nd, 7th and 12th days of July, 1982. On the 6th day of December, 1977 in matter No. C458 of 1977, the claimant and the respon- dent effected a Memorandum of Agreement re- lating to certain matters arising from the pro- posed introduction by the respondent of an "electronic processing system". That memorandum of agreement provided in Clauses 1 and 2 as follows: 1. Negotiations in respect to additional leisure time shall commence within two months of the contract for the purchase of electronic processing system being signed. The company agrees to advise the union upon the signing of the con- tract. 2. In addition to the provisions of Clause 26 of the Award, the installation of the electronic processing system shall take place after meaningful negotiations on additional leisure time have taken place between the parties and registered in accordance with section 108H of the In- dustrial Arbitration Act. The claimant contends that additional leisure time should be expressed as a reduction of the ordinary hours of work contained in Clause 14.—Hours of Work of the relevant award, the "Printing (Newspaper)" Award No. R23 of 1979 as varied. The respondent contends that additional leisure time has been effected by the introduction of new rosters of hours of work. 1 heard the submissions of the parties on the 27th day of July, 1982 and reserved decision. The intervener's application for leave to partici- pate in the proceedings was not allowed on the ground that the resolution of the matter of disagree- ment would not affect it or the award under which it and the respondent operate. In reserving my decision I requested the parties to construct and agree upon the contents of new rosters which have been introduced into the respondent's operations in order that I would have before me all the material which I considered necessary to for- mulate a view upon the parties respective opinions of the matter in issue. In the result, the parties could not agree upon such rosters and on the 18th day of August each presented to me a copy of the rosters and explanations thereof which they each had prepared separately. I regret that the parties were unable to do as I had originally requested, which had it been so done, would have rendered my task in this matter a lot easier. It will be noted that the Memorandum of Agree- ment referred to at the outset of these reasons for de- cision was executed by the parties in 1977, almost five years ago, and it is not known why the words "additional leisure" were used. It may be that they referred to shorter working hours or additional annual leave or both. Perhaps they were used deliberately to give the parties options upon which they would elect at the time negotiations thereon commenced as stipulated in item 1. of that memorandum. It may be that they referred to shorter working hours or additional annual leave or both. Perhaps they were used deliberately to give the parties options upon which they would elect at the time negotiations thereon commenced as stipulated in item 1 of that memorandum. It seems more likely to be the case that the Memor- andum of Agreement earlier referred to herein and executed on the 6th day of December, 1977 arose out of or had its origins in, an earlier matter before the Commission. Matter No. CR271 of 1977 related to as the reasons for decision explain:— THE COMMISSIONER: In this reference of dispute made pursuant to s. 1081 of the Indus- trial Arbitration Act, 1912 the matter at issue is a claim by the Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers, for an additional week's annual leave for its members employed by West Australian Newspapers Ltd—a claim which has been generated by the company's announced intention of substituting new methods for old in the production of its newspapers. (58 W.A.I.G. p. 1288.) In those reasons for decision, the Commission further said, inter alia: The claim which is presently before the Com- mission is not, of course, on all fours with the claims dealt with by the Commission in Court Session to which I have just referred. The pres- ent claim is not a wage claim and it is not based on the company's capacity to pay. Indeed, as I have already mentioned, the company has not put its capacity to pay in issue. Nevertheless, the principle that is really involved in the present reference—the fundamental proposition on which the claim must rest if it is to succeed, namely that the employees of a company which intoduces labour saving machinery are entitled to a share in the resultant benefits—is of such a kind that many of the observations made by the Commission in Court Session are very much to the point. (58 WhA.I.G. p. 1288 at p. 1289.) and With all of the foregoing in mind I have de- cided that I should state— *that the Commission as presently constituted endorses the general principle that employees of a company which introduces labour saving equipment are entitled to share in the resultant benefits. *that the form in which and the extent to which the employees should share is a matter which should, in the first instance, be the subject of bona fide discussion and negotiation between the parties. *that additional leisure— (a) would not seem to be an inappropriate form of benefit sharing;; (b) would not, if granted on the basis of the above principle, be inconsistent with the maintenance of an annual leave "standard" in awards of this Com- mission: and 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2629 (c) if granted on that principle, would have to exclude wage increases (if any) granted to similar employees elsewhere by reference to the same or a similar principle. *that the Commission will arbitrate on the mat- ter if the parties, having negotiated in good faith are unable to reach agreement, and in any such arbitration would regard the following matters as being relevant namely— (a) the cost of the equipment (b) any investment allowance applicable (c) the cost of retraining employees (d) the direct and indirect wage and other cost saving (e) the cost of proposed additional leisure (f) the conditions applicable to workers op- erating similar equipment elsewhere introduced following the installation of the equipment (g) the extent to which employees have co- operated with the employer in the introduction of new work methods fol- lowing this decision. In the light of the foregoing the parties are di- rected to confer. In the meantime the reference will be adjourned sine die and will be re-listed at the request of either party. (58 W.A.I.G. p. 1288 at p. 1289.) (My emphasis.) On the 25th day of September, 1978 matter No. CR271 of 1977 was struck out with the consent of the parties (58 W.A.I.G. p. 1288 at p. 1289). It is passing strange that in these proceedings that decision of the Commission was not referred to by the parties except for a brief reference by the respon- dent to part of those reasons for decision upon benefits to be shared and a test of fairness or injus- tice (transcript notes of proceedings p. 22), and the criteria for measuring additional leisure time (transcript notes of proceedings p. 23). Had greater attention been given to that decision by the parties, particularly the claimant, it is likely that some of its complaints and criticisms of the re- spondent would not have been necessary or in fact objectively capable of being made at all. For example, a resolution of a chapel meeting held on the 7th day of July, 1982 reads as follows: Having believed that the implementation of additional leisure time would be eventually for- malised as an award provision and having al- lowed the company to install most of the equip- ment for the system 5500 on that understanding, the members of this chapel having been in- formed that such a prospect is remote instructs the negotiating committee to proceed on formal lines to pursue the provision of a two hour reduction in the Newspaper Printing Award. (Exhibit 5.) Several observations can be made upon that resolution. Firstly, the Memorandum of Agreement on the 6th day of December, 1977 in matter No. C458 of 1977 contemplated in Clause 2 thereof that the parties would give effect to an agreement between the par- ties and which was to be achieved within a specified time span by an accord executed under the then existing provision of section 108H of the Industrial Arbitration Act, 1912. The use of that section of that Act could have re- sulted in either the issuance of an award or a vari- ation of the award, but not necessarily (see subsec- tion (3) of section 108H of that Act). Secondly, within the context of the Commission's reasons for decision in matter No. CR271 of 1977 there could not have been any expectation that the negotiations for additional leisure time would relate to reducing the ordinary hours of work. However, be all that as it may, the claimant chose to pursue that path and in these proceedings, the claimant's view is that additional leisure time should be in the form of a reduction of two hours in the rel- evant clause of the award binding upon the parties. That award is the "Printing (Newspaper)" Award No. R23 of 1979 as varied (60 W.A.I.G. p. 196). Clause 14.—Hours of Work, of that award provides as follows in subclauses (1), (2) and (3): (1) Subject to the provisions of subclause (2) of this clause, the maximum number of hours to be worked each week (excluding overtime) shall be— (a) Machine Compositors— (i) day work 36 (ii) night work 34 (iii) intermediate work 34 (b) All other workers— (i) day work 38 (ii) night work 36 (iii) intermediate work 36 (2) The provisions of subclause (1) of this clause are deemed to have been complied with if the hours averaged over, a six week cycle do not exceed the hours prescribed in that subclause. (3) Where in any week a worker is rostered for a shift exceeding eight and one quarter hours, excluding meal breaks, there shall be a two hour reduction in his weekly hours for that week. (60 W.A.I.G p. 196 at p. 198.) In support of that view the claimant contends that such a remedy is supported by what has happened in other states in respect of hours of work since the introduction of copy processing systems in those states. (See Exhibit 7.) The respondent contends that the introduction of new rostered hours of work by it, and at the insist- ence of the claimant, since the 4th day of July, 1982 has resulted in addition leisure time in that all em- ployees concerned are working either— (a) A four day week or (b) A nine day fortnight (c) A 19 day month or (d) Accumulating additional time off to be taken either with annual leave or at some other convenient time. Those arrangements reduce the ordinary hours of work by two hours each week. The claimant does not deny those effects. It said during those proceedings No. In fact there has been a two hour reduction in all areas. Where they previously worked 34 hours, they are now working 32; where they were working 38 they now work 36 and where they worked 36 they are working 34. How- ever, as I said, that has been brought about by re-rostering and not having the thing formalised so the workers can see that they do effectively have a two hour reduction. (Transcript notes of proceedings p. 26) Its disenchantment with the expression of ad- ditional leisure time in the form of the new rosters was explained as follows: Perhaps we can turn to the word "Additional". To my mind, that means to have something added—"additional leusure time" means to have the current leisure time received by workers added to so that additional leisure time is re- ceived. The company will not concede this point, as is clearly indicated in all the documents I have put before you. In no area have they used the word "additional". It is usable. Because of the 2630 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. re-rostering under the current award there is more usable leisure time but 38 hours are still the formalised hours in the award. How you can say that a worker has received additional leisure time when the award has not been varied or a provision has not been regis- tered in this Commission formalising additional leisure time is beyond me. The company, although not happy about the situation, have now accepted the concept of the new rosters but are not prepared to have additional leisure time formalised. In so doing they are still not pre- pared to honour the agreement they made in 1977. (Transcript notes of proceedings p. 14.) The respondent sees the award variation as envis- aged by the claimant generating further benefits be- yond the benefit of additional leisure time such as additional hours at overtime rates. Futher it is concerned with repercussive effects not only for itself but for other employers in this and other industries. I have remarked earlier herein upon what I con- sider to be the false impression held by the claimant as to how "additional leisure time" should be effected and I conclude that the method it now chooses to be inappropriate to the purposes sought to be achieved in 1977. The method adopted by the respondent whilst not, additional annual leave except in isolated cases, is in my view an appropriate method, giving to the em- ployees in question more away from work time in which to follow their own pursuits. Accordingly I determine the matter of disagree- ment between the parties by finding that:— The requirements imposed upon the parties by the memorandum of agreement executed in matter No. C458 of 1977 to bring about ad- ditional leisure time in view of the introduction of the electronic system of newspaper production have been satisfied by the implementation of new rosters of ordinary hours of work and which have the effect of the employees employed by the respondent and bound by the "Printing (Newspaper)" Award No. R23 of 1979 as varied working either— (a) A four day week or (b) A nine day fortnight or (c) A 19 day month or (d) In lieu of any of those alternatives having time added to annual leave or time off at a mutually convenient time. Provided that such arrangements where applicable continue to reduce an employee's ordinary hours of work at the rate of two hours -per week and provided further that the provisions of the said award are not con- travened in any way thereby. I consider that an order is not necessary in deter- mination of this matter of disagreement and such will not issue unless the parties pursuant to section 35(4) of the Act, feel differently. Decision accordingly DISPUTES— Memorandum of Agreement under Section 44— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. C470 of 1982. In the matter of the Industrial Arbitration Act, 1979; and in the matter of a conference held pursuant to section 44 of the said Act: Between The Aus- tralian Workers Union, West Australian Branch, Industrial Union of Workers, and Hamersley Iron Pty Limited. WHEREAS a conference was held in Karratha on 21st September, 1982 pursuant to section 44 of the Industrial Arbitration Act, 1979 with respect to the work which storemen employed by Hamersley Iron Pty Limited at Paraburdoo may be required to per- form; and whereas an agreement was reached be- tween the abovenamed parties as a consequence of that conference; now therefore, I, the undersigned pursuant to the powers conferred by the said Act do hereby publish a memorandum setting out the terms of that agreement: Memorandum of Agreement. It is hereby agreed and understood— 1. That storemen employed by Hamersley Iron Pty Limited at Paraburdoo may be required to maintain those areas comprising a store compound and along the fence line sur- rounding such a compound in a clean and tidy condition and in particular such storemen may be required to remove any weeds or growth from those areas; 2. that in relation to the area identified at the conference as a compound adjoining "H" yard, in which drums and electric motors are stored Hamersley Iron Pty Limited shall supply labour, other than storemen, which, in accordance with accepted practice it would be proper to utilise, to place that area in a clean and tidy condition following which the provisions of paragraph 1 hereof shall apply; 3. that the area referred to in paragraph 2 hereof is an area that has not been main- tained since the compound was cleared and the fence erected in 1980 and is an area in which the union distinguished the work re- quired at the date of the conference from the cleaning work referred to in paragraph 1 hereof; 4. that store compounds and along the fence lines surrounding such compounds will be regularly maintained in a clean and tidy condition; 5. nothing herein contained shall prevent Hamersley Iron Pty Limited from utilising a fork lift from the store, with its driver, to lift and move material in the area referred to in paragraph 2 hereof nor at its discretion from engaging a contractor to place the said area in a clean and tidy condition. Dated at Perth this 28th day of September, 1982. (Sgd.) D. CORT, [L.S.j Senior Commissioner. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2631 BEFORE THE WESTERN AUSTRALIAN Schedule. INDUSTRIAL COMMISSION. Rule 10.—Contributions: Delete sub-rule (1) of No. C456 of 1982. this rule and insert the following in lieu:— In the matter of the Industrial Arbitration Act, 1979 (1) (a) The annual contribution payable by and in the matter of a conference pursuant to members shall be $70.00 per annum, section 44 of the said Act between Electrical (b) Provided that members employed for Trades Union of Workers of Australia (Western less than 30 hours per week shall pay an Australian Branch) Perth, and The Western amount of 65 per cent of the full-time Australian Institute of Technology. rate calculated to the nearest dollar. WHEREAS a conference was held in Perth on 15th (c) Provided further that in the case of September and 7th October, 1982 pursuant to section junlor workers who are paid a weekly 44 of the Industrial Arbitration Act, 1979 and rate of pay less than the rate prescribed whereas an agreement was reached between the for an adult worker, the contribution abovenamed parties at the said conference now shall be an amount of 75_ per cent of the therefore, I, pursuant to the powers conferred under appropriate adult contribution as pre- the said Act, do hereby publish a memorandum of scribed m (1) (a) or (1) (b) above, the terms of the agreement. Dated at Perth this 8th day of October, 1982. (Sgd.) D. CORT, [L.S.] Senior Commissioner. Schedule. Notwithstanding the provisions of the Engineering Trades (Government) Award Nos. 29, 30 and 31 of 1961 and No. 3 of 1962, the Trades Assistants chang- ing lamp globes at The Western Australian Institute of Technology be classified as Electrical Assistants (W.A.I.T.) at a rate equivalent to the classification Traffic Signals Lamp Changer (M.R.D.) The Electrical Assistants (W.A.I.T.) will continue to perform Trades Assistants duties as required from time to time. The operative date shall be from the first pay period commencing on or after the 11th May, 1982. UNIONS Alteration of Rules— CLEANING SECURITY AND ALLIED EMPLOYEES UNION. Application No. 796 of 1982. In the Matter of the Industrial Arbitration Act, 1979, and In the Matter of an application by "The Cleaning, Security and Allied Employees' Union," for alteration of its rules. Decision. HAVING read the application, and less than five per centum of the members of the union having objected to the proposed alteration, after consulting with the President, and upon being satisfied that the require- ments of the abovementioned Act and the regulations made thereunder have been complied with, I have this day registered an alteration to Rule 10 of the registered rules of the applicant union in the terms of the application as filed on 10th September, 1982. Dated at Perth this 23rd day of September, 1982. T. POPE, Deputy Registrar. HOSPITAL EMPLOYEES tlNION. Application No. 828 of 1982. In the matter of the Industrial Arbitration Act, 1979 and in the matter of an application by "The Hos- pital Employees Union of Workers of W.A.", for alteration of its rules. Decision. HAVING read the application, and less than five per centum of the members of the union having objected to the proposed alteration, after consulting with the President, and upon being satisfied that the require- ments of the abovementioned Act and the regulations made thereunder have been complied with, I have this day registered an alteration to rule 25 of the registered rules of the applicant union in the terms of the application as filed on 17th September, 1982. Dated at Perth this 27th day of September, 1982. T. POPE, Deputy Registrar. Schedule. 25.—Contributions. (a) For the purpose of carrying out the objects of the union, every person on becoming a member shall pay contributions prescribed by this rule. (b) Except as hereinafter provided, the annual contributions payable by a member shall be as prescribed herein plus $2.08. $ From 1st October, 1982 73.50 From 1st January, 1983 77.70 From 1st January, 1984 81.90 (c) Any worker who is normally in receipt of a gross weekly wage less than that prescribed by the Western Australian Industrial Com- mission to be the minimum wage for adult male workers as in force on the 1st January in each year shall pay a contribution equal to 75 per cent of the rate herein prescribed. 21681—18 2632 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. (d) Any worker who is normally in receipt of a gross weekly wage less than half of that pre- scribed by the Western Australian Indus- trial Commission to be the minimum wage for adult male worker as in force on 1st January in each year shall pay a contri- bution equal to 50 per cent of the rate herein prescribed. (e) The Executive may determine a lesser amount of contribution that is herein pre- scribed to be paid by any worker or class of worker. Such lesser amount of contribution shall be the contribution prescribed by this rule. (f) Members who do not pay contributions by way of payroll deductions shall pay contri- butions three monthly'in advance. (g) Members unemployed who advise the Sec- retary/Treasurer of their circumstances shall not be required to pay contributions until recommencing employment. (h) In addition to the foregoing scales of contri- butions, for the years 1980 to 1990 inclusive, each member shall pay an additional amount of 20 cents per week to be credited to a building fund which will be used to pro- vide adequate buildings for the union to honour its objectives. RAILWAYS UNION. Application No. 169 of 1982. In the matter of the Industrial Arbitration Act, 1979, and in the matter of an application by "The Aus- tralian Railway Union of Workers West Aus- tralian Branch" for alteration of its rules. Decision. HAVING examined the application, and less than five per centum of the members of the union having objected to the proposed alteration, after consulting with the President and upon being satisfied that the requirements of the above mentioned Act and the regulations made thereunder have been complied with, I have this day registered an alteration to rules 2 (c) (iii), (iv) and 2 (e) the applicant union in the terms of the application as filed on 18th March, 1982. Dated at Perth this 9th day of September, 1982. T. POPE, Deputy Registrar. PRISON OFFICERS UNION. Application No. 830 of 1982. In the matter of the Industrial Arbitration Act, 1979, and in the matter of an application by the West- ern Australian Prison Officers Union of Workers, for an alteration of its rules. Decision. HAVING read the application, there being no person desiring to be heard in opposition thereto, after con- sulting with the President, and upon being satisfied that the requirements of the abovementioned Act and the regulations made thereunder have been com- plied with, I have this day registered alterations to rules 5 and 41 of the registered rules of the applicant union in the terms of the application as filed on 17th September, 1982. Dated at Perth this 11th day of October, 1982. T. POPE, Deputy Registrar. CONFERENCES— Amalgamated Metal Workers and Shipwrights Union of Western Australia and Aquarius Engineering. No. C448 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth, on 22nd September, 1982, to deal with payment of wages. The conference was concluded. Amalgamated Metal Workers and Shipwrights Union of Western Australia and Geraldton Rubber Co. No. C74 of 1982. A conference was held before Mr Commissioner G. L. Fielding at Geraldton on 15th March, 1982, to deal with underpayment of wages and time and wages book. Subsequent to the conference, the matter was re- solved and the conference concluded. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2633 Amalgamated Metal Workers' and Shipwrights' Union of Western Australia and Hamersley Iron Pty Limited. No. C482 of 1982. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on the 23rd September, 1982, to deal with a dispute concerning the utilisation of contractors at Dampier. The conference was concluded. Amalgamated Metal Workers and Shipwrights Union of Western Australia and W.A. Chip and Pulp Co. Pty. Ltd. No. C480 of 1982 A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 24th September, 1982, to deal with a dispute over the alleged unfair dismissal of an employee. The conference was concluded. Amalgamated Metal Workers and Shipwrights Union of Western Australia and Hamersley Iron Pty. Limited. No. C481 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort in Karratha on 21st September, 1982, and at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 27th September, 1982, to deal with the termination of an employee. The conference was concluded. Amalgamated Metal Workers' and Shipwrights' Union of Western Australia and Westrail. No. C165 of 1982. Conferences were held before Mr Commissioner G. A. Johnson at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 7th April and 18th May, 1982 to deal with a wage increase. The conference was referred to the Commission for hearing and determination. Co-Operative Bulk Handling Limited and Amal- gamated Metal Workers and Shipwrights Union and Others. No. C338 of 1982. Conferences were held before Mr Commissioner G. A. Johnson at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 23rd June, 29th July and 20th August, 1982 to deal with a 38 hour week. The conference was referred to the Commission for Hearing and Determination. The Association of Draughting, Supervisory and Technical Employees, Western Australian Branch, and Steam Holdings Pty Ltd. No. C502 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 8th October, 1982 to deal with the dismissal of a worker. The conference was concluded. Amalgamated Metal Workers' and Shipwrights' Union of Western Australia and Others and Westrail. No. C453 of 1982. Conferences were held before Mr Commissioner G. A. Johnson at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 14th and 22nd September, 1982 to deal with wages. The conference was referred to the Commission for hearing and determination. Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch and M.B.P. Pty Ltd. No. C190 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 4th June and 11th August, 1982 to deal with a redundancy programme. The conference was concluded. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. The Australasian Society of Engineers, Moulders and Foundry Workers Industrial Union of Workers. W.A. Branch and Westrail. No. C 661 of 1981. A conference was held before Mr Commissioner G. A. Johnson at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 14th December, 1981, 24th December, 1981, and 11th August, 1982, to deal with disability allowance and stand downs. The conference was referred to the Commission for hearing and determination. Hamersley Iron Pty Limited v. The Australian Workers Union, West Australian Branch, In- dustrial Union of Workers. No. €348 of 1982. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Com- mission, Karratha on 2nd July, 1982, to deal with a strike over proposed relocation of workforce. The parties were instructed to continue discussions with a view to overcoming the problem and the Company advised later that no further action was necessary in the matter, and the conference concluded. Mt Newman Mining Co. Pty Limited v The Aus- tralian Workers Union, West Australian Branch, Industrial Union of Workers and Amalgamated Metal Workers and Ship- wrights Union of Western Australia. No. €449 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at Port Hedland on 7th September, 1982 to deal with a dispute over the manning levels required in the car examining section in relation to conducting break tests and knock-downs. Conference concluded. Australian Workers' Union, West Australian Branch, Industrial Union of Workers v Hamersley Iron Pty. Limited. No. €175 of 1982. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 30th June, 1982, to deal with a dispute concerning warehouse supervision and delivery of cash purchases. The Commission made suggestions to the parties as to the course of action which should be followed and the conference concluded. Cliffs Robe River Iron Associates and The Aus- tralian Workers' Union, West Australian Branch, Industrial Union of Workers. No. C485 of 1982. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 28th September, 1982, to deal with a dispute concerning leave en- titlement. The parties reached agreement and the conference concluded. The Australian Workers' Union, West Australian Branch, Industrial Union of Workers and Hamersley Iron Pty Ltd. No. C444 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at Karratha on 8th September, 1982, to deal with a dispute over the re-classification of certain employees. The matter was referred for hearing and determi- nation. Australian Workers' Union, West Australian Branch, Industrial Union of Workers and Cockburn Cement Limited and Others. No C450 of 1981. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 16th September, 1982 to deal with hours of work. The conference was concluded. The Australian Workers Union, West Australian Branch, Industrial Union of Workers, and Hamersley Iron Pty Limited. No. €470 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at Karratha on 21st September, 1982 to deal with duties of storemen at Paraburdoo. The conference was concluded. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. The Australian Workers' Union, West Australian Branch, Industrial Union of Workers and Mt. Newman Mining Company Pty. Limited. No. C469 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at Port Hedland on 7th September, 1982; to deal with a dispute over the duties of Trades Assist- ants in respect to refuelling and checking of loco- motives. A claim for payment was referred for hearing and determination. Building Trades Association of Unions of West- ern Australia (Association of Workers) and Bocol Constructions Pty Ltd. No. C108 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 17th August, 1982 to deal with a disability allowance and recreational leave. Agreement was not reached and the conference was adjourned for hearing and determination. The Australian Workers' Union, West Australian Branch, Industrial Union of Workers, and North Kalgurli Mines. No. C401 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 4th August, 1982 and at Kalgoorlie on 2nd September, 1982 to deal with a dis- pute concerning retrenchments. The matter was concluded. Building Trades Association of Unions of West- ern Australia (Association of Workers) and Roberts Construction Pty Ltd. No. C407 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 17th August, 1982 to deal with disability allowance and recreational leave. Agreement was not reached and the matter was referred for hearing and determination. The Federated Brick Tile and Pottery Industrial Union of Australia (Union of Workers) West- ern Australian Branch and Bristile Ltd. No. C462 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 22nd September, 1982 to deal with retrenchment pay. The conference was referred to the Commission for hearing and determination. Cleaning, Security and Allied Employees Union and Hon. Minister for Education. No. C461 of 1982. A conference was held before Mr Commissioner G. L. Fielding at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 14th September, 1982, to deal with a request by a worker for leave without pay. Subsequent to the conference, agreement was reached and the conference concluded. Midland Brick and Brick, Tile and Pottery In- dustrial Union of Australia (Union of Workers) Western Australian Branch. No. C382 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Com- mission 815 Hay Street, Perth on 28th July, 1982 to deal with a work roster. The conference was concluded. Cleaning, Security and Allied Employees Union and Vice-Chancellor, University of Western Australia. No. C430 of 1982. A conference was held before Mr Commissioner G. L. Fielding at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 3rd September, 1982, to deal with reduction in working hours of cas- ual staff. Subsequent to the conference, agreement was reached and the conference concluded. 2636 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. The Western Australian Clothing and Allied Trades Industrial Union of Workers, Perth and Clembro International Sportswear. No. C391 of 1982. A conference was held before Mr Commissioner G. A. Johnson at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 13th August, 1982 to deal with a dismissal. The conference was concluded. Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth and Hon. Minister for Works and Water Re- sources. No. C434 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 13th September, 1982 to deal with a wage claim by elec- tricians. Agreement was not reached and the matter was referred for hearing and determination. The Western Australian Clothing and Allied Trades Industrial Union of Workers, Perth and Perth Trouser Company. No. €390 of 1982. A conference was held before Mr Commissioner G. A. Johnson at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 20th August, 1982 to deal with termination and service entitlements. The conference was concluded. Industrial Switchboard Manufacturers and Electrical Trades Union of Workers of Aus- tralia (Western Australian Branch) Perth. No. C413 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 11th August, 1982 to deal with wages and conditions. Agreement was not reached and the matter was referred for hearing and determination. Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth and Goldsworthy Mining Ltd. No. C484 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Com- mission, Perth, on 27th September, 1982 and at Port Hedland on 6th October, 1982, to deal with a dispute over the allocation of housing. The conference was concluded. Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth, and Skennerton Electrics Pty Ltd. No. C488 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 6th October, 1982 to deal with payments for work done. The conference was concluded. Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth and Hamersley Iron Pty. Limited. No. C334 of 1982. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 30th June, 1982, to deal with a dispute concerning the duties of a resi- dent linesman. The conference was concluded. Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth, and The Western Australian Institute of Technology. No. C456 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 15th September, 1982 and 7th October, 1982 to deal with classifications and wage rates. The conference was concluded. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2637 Federated Clerks Union of Australia Industrial Union of Workers, Western Australian Branch and Homecrafts Nationwide stores. No. C472 of 1982. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on Friday, 17th September, 1982, to deal with a dismissal. The conference was concluded. The Federated Engine Drivers and Firemens Union of Workers of Western Australia and Karratha Rigging Services. No. C466 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at Karratha on 21st September, 1982, to deal with a dismissal. The conference was concluded. Concrete Constructions (WA) Pty Ltd and The Federated Engine Drivers' and Firemans' Union of Workers' of Western Australia. No. C423 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 19th August, 1982, to deal with employment of crane oper- ators. The conference was concluded. The Fire Brigade Employees Industrial Union of Workers of Western Australia, and Western Australian Fire Brigades Board. No. C400 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 25th August, 1982 to deal with a dispute concerning pay entitlements. The matter was concluded. The Federated Engine Drivers and Firemen's Union of Workers of Western Australia and Electric Power Transmissions Pty Ltd. No. C190 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 1st October, 1982 to deal with a claim for disability al- lowance, leave and safety boots. Agreement was not reached and the matter was referred for hearing and determination. The United Furniture Trades Industrial Union of Workers W.A. v. Jewell Furnishers Pty Ltd. No. €452 of 1982. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on Monday, 13th September, 1982, to deal with a dispute re pro rata long service leave. The parties reached agreement and the conference concluded. Goldsworthy Mining Limited and The Federated Engine Drivers' and Firemens' Union of Workers of Western Australia. No. C493 of 1982. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 1st October, 1982, to deal with a dispute concerning annual leave en- titlements. The parties failed to reach agreement and the mat- ter was referred for hearing and determination. Hospital Employees' Industrial Union of Workers, W.A. and Board of Management, Princess Margaret Hospital for Children. No. C474 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 16th and 17th September, 1982 to deal with the reinstatement of an employee. The conference was concluded. 2638 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. Hospital Employees Industrial Union of Workers, W.A. and Hon. Minister for Health. No. C417 of 1982. Conferences were held before Mr Commissioner G. L. Fielding at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 26th August and 14th September, 1982, to deal with annual leave and public holidays. Agreement was not reached and the matter was referred for hearing and determination. Australasian Meat Industry Employees' Union Industrial Union of Workers, Perth—West Australian Branch, and Western Australian Meat Commission—Robb Jetty Division. No. C342 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 29th June, 1982 to deal with a dispute concerning the dismissal of six employees. The matter was subsequently concluded. Meat and Allied Trades Federation of Australia (Western Australian Division) Union of Em- ployers (Perth), and Australian Meat Indus- try Employees Union, Western Australian Branch, Industrial Union of Workers, Perth. No. C394 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 30th July and 6th August, 1982 to deal with a dispute concerning incentive payments at North West Beef, Wyndham. The matter was subsequently concluded. Federated Miscellaneous Workers' Union of Aus- tralia, West Australian Branch and Bristile Limited. No. C443 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 6th September, 1982, to deal with a claim that an employee was en- titled to compensation following retrenchment. Conference concluded. Meat and Allied Trades Federation of Australia (Western Australian Division) Union of Em- ployers Perth, and Australasian Meat Indus- try Employees Union Industrial Union of Workers, Western Australian Branch, Perth. No. C398 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 30th July, 2nd and 6th August, 1982 to deal with a dispute concerning a wage claim. The matter was subsequently concluded. Federated Miscellaneous Workers Union of Aus- tralia, West Australian Branch, Union of Workers v. Westralian Farmers Co-operative Limited. No. C355 of 1982. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on Thursday, 22nd July, 1982, to deal with a dispute concerning Long Service Leave entitlement. The parties reached agreement and the conference concluded. W.A. Municipal Road Boards, Parks and Race- course Employees Union of Workers, Perth West Australian Branch, Australasian Meat In- and City of Canning. d us try Employees Union of Workers, Perth, No. C378 of 1982. and Tip Top Meats Pty. Ltd. ^ conference was held before Mr Commissioner G. L. No. C383 of 1982. Fielding at the Western Australian Industrial Com- A conference was held before Mr Commissioner G. J. mission, 815 Hay Street, Perth, on 27th July, 1982, to Martin at Perth on 23rd July, 1982 to deal with a dis- deal with the dismissal of a worker, pute concerning retrenchments. The Applicant subsequently indicated that it did The matter was subsequently concluded. not wish to pursue the claim. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2639 Nationwide News (trading as The Sunday Times) and Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers. No. €204 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 30th April and 12th August, 1982 to deal with a dispute concerning leave of absence. The matter was concluded. West Australian Shop Assistants and Warehouse Employees Industrial Union of Workers, Perth, and Boans Ltd. No. €404 of 1982. A conference was held before Mr Commissioner G. L. Fielding at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 5th August, 1982, to deal with reinstatement of a worker. Agreement was not reached and the matter was referred for hearing and determination. Australian Railways Union of Workers, West Australian Branch and Commissioner of Railways. No. €205 of 1982. A conference was held before Mr Commissioner G. A. Johnson at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 27th April, 1982 to deal with increase of pay rate. The conference was referred to the Commission for hearing and determination. The West Australian Shop Assistants and Ware- house Employees' Industrial Union of Workers, Perth and Vox Adeon Pty. Ltd. No. €440 of 1982. A conference was held before Mr Commissioner G. A. Johnson at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 15th September, 1982 to deal with payment of pro rata long service leave. The conference was concluded. Australian Railways Union of Workers, West Australian Branch and Commissioner of Railways. No. €306 of 1982. A conference was held before Mr Commissioner G. A. Johnson at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 23rd September, 1982 to deal with rbstoration of relativities. The conference was referred to the Commission for hearing and determination. The West Australian Shop Assistants and Ware- house Employees' Industrial Union of Workers, Perth and Woolworths (W.A.) Pty. Ltd. No. €439 of 1982. A conference was held before Mr Commissioner G. A. Johnson at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 17th September, 1982 to deal with the termination of a part time worker. The conference was concluded. Royal Australian Nursing Federation Industrial Union of Workers, Perth and Hon. Minister for Health. No. €350 of 1982. Conferences were held before Mr Commissioner G. L. Fielding at the W.A. Industrial Commission, 815 Hay Street, Perth, on 6th July and 26th August, 1982, to deal with redundancy procedures. The matter was resolved and the conference not further proceeded with. Transport Workers' Union of Australia, Indus- trial Union of Workers, Western Australian Branch, and Boyanup Transport Co. No. €218 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 28th April, 1982 to deal with a dispute concerning award coverage. The matter was subsequently concluded. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. Goldsworthy Mining Ltd and Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch and Others. No. C360 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at Port Hedland on 16th July, 1982 to deal with a dispute over the hours of work for foremen at Shay Gap. Conference concluded. CORRECIIOi JS— MINERAL SANDS MINING AND PRO- CESSING INDUSTRY Award No. 38 of 1981. WHEREAS an error occurred in the copy of the above award as published in the Western Australian Industrial Gazette on the 28th July, 1982, Volume 62—Part 2, sub-part 1 page 1525, the following cor- rection is made: Clause 16.—Annual Leave—subclause (1) (c) delete the sentence "the loading prescribed by this subclause shall apply to proportionate leave on termination", and insert in lieu:— The loading prescribed by this subclause shall not apply to proportionate leave on termination. Dated at Perth this 17th day of September, 1982. K. SCAPIN, Industrial Registrar. Prepact Pty Ltd and Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch. No. CM77 of 1982. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 27th September, 1982, to deal with a dispute concerning termination entitlements. The parties reached agreement and the conference concluded. The University Salaried Officers Association of Western Australia (Union of Workers) and Vice Chancellor, University of Western Aus- tralia. No. C454 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 23rd September, 1982, to deal with a claim that certain female em- ployees were entitled to a marriage allowance as pre- scribed by the Award. The conference was concluded. (Private Hospitals). Award No. 1 of 1966. 1.—Title. This award shall be known as the Nurses' (Private Hospitals) Award and replaces award No. 8 of 1958 (as amended). 2.—Arrangement. Part I 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Average Occupied Beds. 8. Hours. 9. Overtime. 10. Annual Leave. 10A. Public Holidays. 11. Sick Leave. 12. Contract of Service. 13. Student Nurses. 14. Laundry and Uniforms. 15. Time and Wages Book. 16. Interviews. 17. Rosters. 18. Living Allowances and Accommodation. 19. Meal and Meal Hours. 20. Board of Reference. 21. Special Allowances. 22. Part-time Workers. 23. Casuals. 24. Other Provisions. 25. Long Service Leave. 26. Award not to affect Present Wages and Privileges. 27. Relieving. 28. Wages. 29. Location Allowances. 30. Shiftwork. 31. Maternity Leave. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2641 Part II 1. Long Service Leave. 2. Sick Leave. 3.—Scope. Part I of this award shall apply to all registered nurses and student nurses in the employ of the re- spondents to this award provided that the provisions contained in Part II of this award shall be applied in substitution for the provisions contained in the clauses of the same title in Part I of the award only by the Association of the Blind of W.A. (Inc.) and the Spastic Welfare Association of W.A. (Inc.). This award shall have effect throughout the State of Western Australia excluding those areas occupied by the Ngal-a Mothercraft Home and Training Centre Incorporated and the Home of Peace Incor- porated. 5.—Term. The term of this award shall be for a period of three years as from the beginning of the first pay period commencing after the 22nd day of July, 1966. 6.—Definitions. "Assistant Matron" a registered general nurse appointed by the employer to assist the matron in the supervision and administra- tion of a hospital. "Charge Nurse" a registered general nurse ap- pointed as such to be in charge of a ward, department or floor in a hospital. "Clinical Instructor" a registered nurse ap- pointed as such who is engaged full time in the instruction of student nurses or nurse aides in practical nursing. "Deputy Matron" a registered general nurse ap- pointed by the employer to assist in the administration of the hospital and deputise for the matron. "Hospital Group A" means a general private hospital as defined in the Private Hospitals Regulations, 1970. "Hospitals Group B" means a nursing home as defined in the Private Hospitals Regu- lations, 1970. "Matron" a registered general nurse appointed by the employer as head of nursing at a hos- pital. "Night Nurse in Charge" the registered general nurse who is appointed as such to be in charge of a hospital at night. "Nurse" a person who is registered or entitled to be registered in Western Australia under the Nurses Act, 1968-1980. "Nurse Educator" a registered nurse appointed as such holding a diploma of nursing or a qualification acceptable to the employer who is engaged full time in the education of student nurses and/or nursing aides. "Principal Nurse Educator" a nurse educator appointed as such who is responsible for the administration of a School of Nursing and the overall planning, organising and im- plementation of a nursing education pro- gramme. "Senior Nurse Educator" a nurse educator ap- pointed as such who has special responsibi- lities related to a particular subject or group of students. "Student Nurse" a pupil undergoing training in a registered training school. "Training School" one which is registered as such under the Nurses Act, 1968. "The Federation" means the Royal Australian Nursing Federation (Western Australian Branch) Industrial Union of Workers, 7.—Average occupied Beds. (1) For the purpose of ascertaining the daily average of occupied beds the average shall be taken for the six months ending 30th June and 31st De- cember in each and every year, and such average shall relate to the succeeding half year. (2) Babies receiving attention shall be included in calculating the daily average: Provided, however, that no new born baby shall be included in making the calculation for the first seven days in the hospital. 8.—Hours. (1) The ordinary working hours shall be 40 per week or 80 per fortnight at the option of the em- ployer and no shift shall exceed 10 hours. (2) Each worker shall be free from duty for not less than—two full days in each week; or four full days in each fortnight. 9.—Overtime. (1) All time worked in excess of the ordinary ros- tered hours on any day shall be paid for as hereunder:— (a) Time and a half for the first two hours on any day Monday to Saturday, both inclus- ive, and double time thereafter. (b) Double time on a Sunday. (2) Where the worker and the employer so agree, time off in lieu of payment for overtime may be al- lowed proportionate to the payment to which she is entitled. Such time off to be taken at the convenience of the hospital provided that— (a) such time off is in unbroken periods, accord- ing to each period of overtime worked; and (b) the overtime is made up within 28 days from the time when it became due, except where it arises from the changeover from night duty to day duty or day duty to night duty. (3) A worker called upon to work during the hours she is rostered off in accordance with subclause (2) of Clause 8.—Hours, shall be paid for all time worked at overtime rates provided in subclause (1) of this clause. (4) Less than 15 minutes overtime for a week or 30 minutes overtime for a fortnight shall not be paid for. (5) A worker recalled for duty outside her normal working hours shall be paid a minimum of two hours pay, and in addition thereto, all reasonable expenses incurred in returning to duty. (6) Where a worker has not been notified the pre- vious day or earlier that she is required to work over- time, the employer shall ensure that workers working such overtime for an hour or more shall be provided with any of the usual meals occuring during such overtime or be paid $1.00 for each meal. 10.—Annual Leave. (1) Except as hereinafter provided a period of seven consecutive weeks' leave shall be allowed to a worker, other than a casual, by her employer after each period of 12 months' continuous service with such employer commencing on or after the 1st January, 1974. Provided that where a worker's em- ployment is terminated before 31st December, 1974, 2642 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. she shall be entitled to payment for each completed month of service prior to 1st January, 1974 at the rate of 6/12ths of a week's pay at her ordinary rate of wage, and for each completed month of continuous service thereafter, at the rate of 7/12ths of a week's pay at her ordinary rate of wage. (2) Subject to the provisions of subclause (6) of this clause, a worker shall be paid before going on leave for any period of annual leave prescribed by this clause at the ordinary rate of wage the worker has re- ceived for the greatest proportion of the calendar month prior to her taking the leave, and in the case of rostered workers, that rate of wage shall include the shift and weekend penalties the worker would have received had the worker not proceeded on annual leave. Where it is not possible to calculate the shift and weekend penalties the worker would have received, the worker shall be paid at the rate of the average of such payments made each week over the four weeks prior to taking the leave. Provided that in no case shall any worker be paid when proceeding on annual leave, less than the sum of the following amounts:— (a) The worker's ordinary rate of wage as pre- scribed by this award, for the period of the annual leave (excluding shift and weekend penalties). (b) Any of the allowances prescribed in Clause 21 of this award and which are regularly paid to the worker. (c) A further amount calculated at the rate of 17 U per cent of five sevenths of the amounts referred to in paragraphs (a) and (b) of this subclause. (3) (a) If, after one month's continuous service in any qualifying 12 monthly period, a worker lawfully terminates her service or her employment is termin- ated by the employer through no fault of the worker, the worker shall be paid a proportionate amount in accordance with subclauses (1) and (2) of this clause in respect of each completed month of continuous service in that qualifying period. (b) In addition to any payment to which she may be entitled under this subclause, a worker whose em- ployment terminates after she has completed a twelve monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall be given pay- ment in lieu of that leave unless she has been justi- fiably dismissed for misconduct and the misconduct for which she has been dismissed occurred prior to the completion of that qualifying period. (4) Each worker shall be given at least 14 days' no- tice of the actual commencing date of her leave. A roster shall be kept in all hospitals of over 20 bed average, showing the approximate date of commence- ment of annual leave. The roster shall be placed on a notice board in some convenient place for inspection by workers. (5) Leave shall be given as soon as practicable after falling due. The leave of a student nurse shall not ac- cumulate, but shall be given each year. The leave of a nurse shall not accumulate except with the consent of the nurse, and in no case shall it accumulate for more than two years. (6) Any leave accrued for the final year of training shall be paid for at the rate payable for such year of service. (7) The annual leave prescribed in subclause (1) of this clause may be granted— (a) at the option of the employer, in two periods; (b) by mutual consent of the employer and the worker in three periods, provided that no period shall be less than one week. 10A.—Public Holidays. (1) A worker who works on any Public Holiday named herein shall be paid a loading of 50 per cent of the ordinary wage for the time worked in ordinary hours on that day. (2) For the purposes of this clause the following days shall be considered as Public Holidays:— New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. 11.—Sick Leave. (1) Student Nurses—Sick leave shall be granted to student nurses on the basis of 45 working days on full pay for the first three year's service, and one and one quarter days for each completed month of service after the first three years. (2) Trained Nurses— (a) A worker who is unable to attend or remain at her place of employment during the ordi- nary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions. (b) Entitlement to payment shall accrue at the rate of one sixth of a week for each com- pleted month of service with the employer. (c) If in the first or successive years of service with the employer a worker is absent on the ground of personal ill health or injury for a period longer than her entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the worker's services terminate, if before the end of that year of service, to the extent that the worker has become entitled to further paid sick leave during that year of service. (3) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the worker if the absence by reason of personal ill health or injury exceeds the period for which en- titlement has accrued during the year at the time of the absence. Provided that a worker shall not be en- titled to claim payment for any period exceeding 10 weeks in any one year of service. (4) To be entitled to payment in accordance with this clause the worker shall as soon as reasonably practicable advise the employer of her inability to at- tend for work, the nature of her illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circum- stances shall be given to the employer within 24 hours of the commencement of the absence. (5) The provisions of this clause do not apply to a worker who fails to produce a certificate from a medi- cal practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require pro- vided that the worker shall not be required to pro- duce a certificate from a medical practitioner with re- spect to the absences of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent ab- sences in that year if any, shall be accompanied by such certificate. (6) (a) Subject to the provisions of this subclause, the provisions of this clause apply to a worker who suffers personal ill health or injury during the time when she is absent on annual leave and a worker may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the worker was confined to her place of residence or a hospital as a result of her personal ill health or injury 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2643 for a period of seven consecutive days or more and she produces a certificate from a registered medical practitioner that she was so confined. Provided that the provisions of this paragraph do not relieve the worker of the obligation to advise the employer in ac- cordance with subclause (4) of this clause if she is un- able to attend for work on the working day next fol- lowing her annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the worker was entitled at the time she pro- ceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the worker or, failing agreement, shall be added to the worker's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 10.—Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 10.—Annual Leave shall be deemed to have been paid with respect to the re- placed annual leave. (7) Where a business has been transmitted from one employer to another and the worker's service has been deemed continuous in accordance with subclau- se (3) of Clause 2 of the Long Service Leave pro- visions published in volume 59 of the Western Aus- tralian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the worker at the date of transmission from service with the transmitter shall stand to the credit of the worker at the com- mencement of service with the transmittee and may be claimed in accordance with the provisions of this clause. (8) The provisions of this clause with respect to payment do not apply to workers who are entitled to payment under the Worker's Compensation Act nor to workers whose injury or illness is the result of the worker's own misconduct. (9) The provisions of this clause do not apply to casual workers. 12.—Contract of Service. (1) Except in the case of casual workers the con- tract of service of every worker shall be a weekly con- tract terminable by one week's notice on either side or by the payment or forfeiture as the case may be of one week's wages. The contract of service of a casual worker shall be daily terminable by one day's notice or by the payment or forfeiture of one day's wages. (2) The employer shall be under no obligation to pay for any day not worked upon which the worker is required to present herself for duty, except where such absence from work is due to illness and comes within the provisions of Clause 11.—Sick Leave or such absence is on account of annual leave to which the worker is entitled under the provisions of the award. (3) This clause does not affect the right to dismiss for misconduct, and in such case wages shall be paid up to the time of dismissal only. 13.—Student Nurses. (1) All persons accepted for training as student nurses in private hospitals in Western Australia shall be employed in accordance with the conditions pre- scribed in this clause. (2) The probationary period of six months shall be counted as part of the training. (3) The employer shall cause the trainee to be taught in accordance with the requirements of the Nurses' Board by competent instruction in a gradual and complete manner and shall give the trainee a reasonable opportunity of training for the profession. (4) Every student nurse shall faithfully serve her employer and obey all reasonable directions of her employer at all times for the purpose of being taught the nursing profession and accept such theoretical and other instruction as required. (5) Any lectures or examinations which occur nor- mally during the duty hours shall be computed as part of the working time of the student nurse whose duty it is to attend such lectures or examinations and there shall be no reduction in salary in respect thereto. (6) A student nurse shall not be obliged to attend lectures or sit for examinations during her annual leave. (7) No student nurse on night duty shall be obliged to take an examination until at least eight hours after completion of duty. (8) Any dispute between the Federation and any employer bound by this award as to the dismissal of a student nurse may be referred to the Board of Refer- ence for hearing and determination. (9) A student nurse who wilfully refuses to obey, or disobeys the lawful orders of her employer or who grossly misbehaves or is negligent or dishonest, or is absent from duty without leave and without reason- able excuse may be dismissed without notice. (10) Time lost from duty by the student nurse for any cause, other than sick leave, subject to regulation 23 of the Nurses' Regulations, shall be made up by the student nurse at the conclusion of that year at the rate of wage or remuneration fixed for and appli- cable to the service of the student nurse during that year: Provided that time lost shall not include ab- sence of the student nurse on annual leave. (11) Student nurses who do not pass their final examinations may be retained until such examin- ations are passed and during such period they shall be paid at the rate appropriate to their year of ser- vice, but such extended period shall in no case exceed 12 months. (12) The proportion of student nurses in a training hospital approved by the Nurses' Board shall not be more than six student nurses to each certificated nurse. (13) Student nurses sitting for the examinations held by the Nurses' Board shall be taken off night duty at least four weeks, as far as practicable, before the examinations are held. 14.—Laundry and Uniforms. (1) (a) All workers living in shall have, free of cost, the reasonable use of all laundry facilities, including soap, blue and other equipment necessary for wash- ing and ironing their clothes. (b) Uniforms shall be laundered free of cost to workers but where the uniforms of any worker cannot be laundered at the hospital an allowance of 60 cents per week shall be paid to the workers. (2) (a) The employer shall provide student nurses with all uniforms required, which uniforms shall at all times remain the property of the employer. (b) Student nurses who are required or recommended to wear a stipulated type of hospital stocking shall be provided with six pairs free of charge each year. For the purpose of this paragraph "Hospital stocking" means stockings of a colour or material not ordinarily worn for civilian dress. 2644 (c) If a student nurse withdraws from training prior to the completion of 12 months service the em- ployer may deduct from wages due an amount of $10.00 towards the cost of initial uniforms issued. (d) Where a worker is required by the employer to wear a uniform, sufficient uniforms shall be provided by the employer at his expense or alternatively the employer may pay an allowance of $1.90 per week. For the purpose of this paragraph a worker shall be deemed to be "required", unless the employer ad- vises the worker that the wearing of uniforms is not a condition of employment. 15.—Time and Wages Book. (1) A time book shall be open for inspection at all reasonable times by an accredited representative of the Federation. Each worker must record in such book the exact time on which she starts and finishes duty on each day and also time booked off for meals. (2) The salary sheets shall, upon reasonable notice being given, be open for inspection at the office of the employer concerned by an accredited representative of the Federation. (3) Any system of automatic recording by means of a machine shall be deemed a compliance with the provisions of subclause (1) so far as the particulars actually recorded are concerned. 16.—Interviews. An accredited representative of the Federation shall be entitled to interview workers on the em- ployer's premises at reasonable times. 17.—Rosters. A roster of the working hours shall be exhibited in such place as it may conveniently and readily be seen by each worker concerned. The roster shall be posted not less than 48 hours preceding the day on which the roster commences. The roster shall be available to an accredited representative of the Federation at all reasonable times. Rosters may be altered at any time if the hospital exigencies render any alteration necessary. 18.—Living Allowances and Accommodation. (1) Where employees are provided with Board and/or Lodging by the employer, the following charges, or deductions as the case may be, may be made by the employer:— Per meal $ Meals 1.18 Per week $ Lodging 13.30 Lodging for employees sharing rooms 6.70 Lodging for self contained furnished single accommodation within hospital grounds 22.10 For the purposes of this clause "Lodging" means a room constituting a bedroom, together with commu- nal toilet, laundry and sitting room facilities. (2) (a) The amounts herein prescribed shall be varied as the result of State Wage Case variations to the rate of wage for a Registered General Nurse (First Year) under the Nurses' (Private Hospitals) Award, by the same proportion and at the same time. (b) Any variation to the meal charges shall be cal- culated to the nearest cent. (c) Any variation to the lodging charges shall be calculated to the nearest 10 cents. 19.—Meal and Meal Hours. (1) Each employee shall be entitled to a meal break of at least half an jour at those times when meals are usually taken in the industry provided that no em- ployee shall be required to work for more than five hours without being permitted to have a meal. Sub- ject to subclause (2) of this clause such time shall not count as time worked. (2) Where an employee is required to be on duty or required to be available at the hospital in accordance with the provisions of Regulation 36 of the Private Hospital Regulations 1970 during the period pre- scribed in subclause (1) of this clause the employee shall be paid at ordinary rates but the time when she is on duty but not working or available at the hospital and not working shall not be counted as time worked for the purposes of Clause 9.—Overtime. (3) Morning and afternoon tea shall be provided by the employer. The time allowed for such break shall not exceed seven minutes and shall be taken when convenient to the employer without deduction of pay for such time. 20.—Board of Reference. (1) The Commission hereby appoints for the pur- poses of this award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to section 48 of the Industrial Arbitration Act, 1979. (2) The Board of Reference is hereby assigned the function of determining any dispute between the par- ties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference. 21.—Special Allowances. In addition to the wages prescribed in this award special allowances as set out in this clause shall be paid to: (1) A nurse holding a post graduate diploma ob- tained from a recognised College of Nursing, University or College of Advanced Edu- cation and required in her employment: Per week (a) Six months study 10.90 (b) Twelve months study 18.10 (2) A nurse holding a post basic certificate endorsed by the Nurses' Board of Western Australia and required in her employment: Per week $ (a) Six months study 6.90 (b) Twelve months study 8.40 (3) (a) For the purpose of this award a worker is on call when she is directed by the employer to remain at such a place as will enable the employer to readily con- tact her during the hours when she is not otherwise on duty. In so de- termining the place at which the worker shall remain, the employer may require that place to be within a specified radius from the hospital. (b) A worker shall be paid 18.75 per cent of l/40th of the rate prescribed in this award for a registered general nurse in her third year for each hour or part thereof she is on call, provided that payment in accordance with this para- graph shall not be made with respect to any period for which payment is made in accordance with the provisions of Clause 9.—Overtime of this award when the worker is recalled to work. (c) If the usual means of contact between the employer and the worker on call is a telephone and if the worker pays or 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2645 contributes towards the payment of the rental of such telephone the employer shall pay the worker an amount being a proportion of the telephone rental cal- culated on the basis that for each seven days on which a worker is required to be on call the employer shall pay the worker l/52nd of the annual rental paid by the worker. 22.—Part-time Workers. Notwithstanding anything contained herein an em- ployer shall be at liberty to regularly employ part- time workers at the rate of one fortieth of the appro- priate rate for each hour worked. Such workers shall be entitled to pro rata payment for annual leave, sick leave, laundry and uniform allowance. 23.—Casuals. A nurse employed for a period of seven weeks or less shall be deemed a casual worker and be paid 20 percentum in addition to the rates prescribed in this award. 24.—Other Provisions. (1) For Midwives' Registration examinations, as far as practicable, one full day shall be allowed for exam- inations in addition to normal days off. (2) Student nurses sitting for the examinations held by the Nurses' Board shall as far as practicable be allowed one full day off in addition to normal days off. 25.—Long Service Leave. The long service leave provisions set out in Volume 59 of the Western Australian Industrial Gazette at pages 1 to 6 inclusive are hereby incorporated in and shall be deemed to be part of this award. 26.—Award not to Affect Present Wages and Privileges. Subject to the method of regulating wages on the average of occupied beds, nothing herein contained shall entitle an employer to reduce the wage of any worker who at the date of this award is being paid a higher rate of wage than the minimum prescribed for her class of work. 27.—Relieving. A worker other than a student nurse who performs the duties of a worker on a higher classification than herself for a period of one week shall receive the minimum wage of such higher classification as from the beginning of such period of relieving. (2) Registered Midwife or Midwifery Trainee with general certificate 266.90 (3) Registered Mothercraft Nurse— Years of experience: 1st year 225.40 2nd year 230.60 3rd year 238.00 4th year 245.70 Thereafter 253.00 (4) Registered General Nurse— Years of experience: 1st year 266.90 2nd year 273.60 3rd year 283.20 4th year 291.10 Thereafter 300.80 Provided that a nurse who is in charge of a ward, department or floor during the off-duty period of a charge nurse, in addition to the ap- propriate weekly wage prescribed for the classification of "Registered General Nurse" shall be paid at the rate of $4.00 per week. For the pur- pose of this provision "off-duty period" shall mean the period of time between the termination of duty on one shift and commence- ment of duty on the next succeeding shift, it shall not include time off on account of meal breaks or rest period. (5) Charge Nurse or Clinical Instructor: Years of experience as such in either classification: 1st year 314.00 2nd year 321.90 3rd year 329.50 4th year 338.10 Thereafter 345.70 Provided that a registered general nurse who is appointed in charge of an intensive care unit, coronary care unit, or dialysis unit or of a ward, theatre or department in a teaching hospital shall be paid at the rate of $5.00 per week and in a training school at the rate of $3.00 per week in addition to the appropriate wage rate prescribed for a Charge Nurse. Experience as a charge nurse shall be counted as experience as a Clinical Instructor and vice versa. (6) Supervisory Nurse or Nurse Educator— Per week 28.—Wages. The minimum rate of wages per week payable to workers under this award shall be as follows: (1) Student Nurse 1st year 156.90 2nd year 182.90 3rd year 216.50 4th year 233.40 Provided that a registered nursing aide, mothercraft nurse or dental nurse undertaking general training shall in the first and second year be paid at the rate prescribed for sec- ond year. Years of experience 1st year 358.70 2nd year 368.10 Thereafter 378.10 (7) Night Nurse in Charge or Assistant Matron: Average Occupied Beds: Under 10 313.90 10 and under 31 321.90 31 and under 71 345.70 71 and under 171 378.10 (8) Senior Nurse Educator: Years of experience: 1st year 403.20 2nd year 411.80 Thereafter 422.80 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (9) Deputy Principal Nurse Educator where the establishment of Nurse Educators is: (a) 10 and under 438.30 (b) More than 10 463.90 (10) Principal Nurse Educator where the estab- lishment of Nurse Educators is: (a) 10 and under 476.00 (b) more than 10 507.90 (11) Deputy Matron— Average Occupied Beds: Wages per week Hospital Group Group A B $ 3 Under 10 358.60 345.50 10 and under 31 374.80 345.50 31 and under 71 390.70 358.60 71 and under 171 428.70 396.90 (12) Matron— Under 10 390.70 374.80 10 and under 31 406.40 390.70 31 and under 71 438.00 406.40 71 and under 171 491.90 460.30 Note: (a) "Experience" shall mean experience at any registered hospital as a registered nurse and shall include midwifery train- ing time. Provided that the employer shall not be required to accept all or any- such experience up to the time of en- gagement when fixing a worker's rate of wage, but shall from then on apply the scale of rates set down in this clause. In the event of a dispute between an em- ployer and the Federation in relation to the method of applying and foregoing the matter shall be referred to the Board of Reference for determination. (b) The onus of proof of previous experi- ence shall rest on the worker concerned, who shall produce a certificate signed by her previous employer or employers setting out the details of such previous experience. 29.—Location Allowances. (1) Subject to the provisions of this clause, in ad- dition to the wages prescribed in Clause 28.—Wages of this Award, a married employee shall be paid the following allowances when employed in the towns de- scribed hereunder. Town $ Agnew 17.30 Balladonia 14.90 Boulder 6.50 Broome 26.50 Bullfinch 8.40 Carnarvon 13.40 Cockatoo Island 29.40 Coolgardie 6.50 Cue 17-00 Dampier 22.70 Denham 13.40 Derby 27.70 Esperance 5.90 Eucla 18.80 Exmouth 22.70 Fitzroy Crossing 32.80 Goldsworthy 17.80 Halls Creek 36.00 Kalbarri 5.00 Kalgoorlie 6.50 Kambalda 6.50 Karratha 26.00 T own $ Koolan Island 29.40 Koolyanobbing 8.40 Kununurra 41.40 Laverton 16.80 Learmonth 22.70 Leinster 17.30 Leonora 16.80 Madura 16.90 Marble Bar 37.80 Meekatharra 14.60 Mount Magnet 17.60 Mundrabilla 17.90 Newman 16.20 Norseman 13.00 Nullagine 37.50 Onslow 27.00 Pannawonica 21.50 Paraburdoo 21.20 Port Hedland 22.40 Ravensthorpe 9.40 Roebourne 29.60 Sandstone 17.30 Shark Bay 13.40 Shay Gap 17.80 Southern Cross 8.40 Teutonic Bore 17.30 Tom Price 21.20 Whim Creek 25.90 Wickharn 25.80 Wiluna 17.80 Wittenoom 33.60 Wyndham 40.00 (2) Except as provided in subclause (4) of this clause, a single employee shall be paid 50 per cent of the allowances prescribed in subclause (1) of this clause. (3) An employee, whose spouse is em oyed by the same employer and who is entitled to ar allowance of a similar kind to that prescribed by this clause shall be paid 50 per cent of the allowance prescribed in subclause (1) of this clause. (4) Where an employee is provided with board and lodging by his employer, free of charge, such em- ployee shall be paid 33 1/3 per cent of the allowances prescribed in subclause (1) of this clause. (5) Junior workers, casual workers, part-time workers, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allow- ance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed. (6) Where an employee is on annual leave or re- ceives payment in lieu of annual leave he shall be paid for the period of such leave the district allow- ance to which he would ordinarily be entitled. (7) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he shall only be paid district allowance for the period of such leave he remains in the district in which he is employed. (8) For the purpose of this clause a married em- ployee includes: (a) A person who has a de facto spouse, and (b) A person who is a sole parent with depend- ant children. (9) Where an employee is employed in a town or lo- cation not specified in this clause the allowance pay- able for the purpose of subclause (1) shall be such amount as may be agreed between Australian Mines and Metals Association, the Confederation of West- ern Australian Industry and the Trades and Labor 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2647 Council of Western Australia or, failing such agree- ment, as may be determined by the Commission: Provided that, pending any such agreement or deter- mination, the allowance payable for that purpose shall be an amount equivalent to the district allow- ance in force under this award for that town or lo- cation on 1st June, 1980. (10) Nothing herein contained shall have the effect of reducing any "district allowance" currently pay- able to any employee subject to the provision of this award whilst that employee remains employed by his present employer. (11) Subject to the making of a General Order pur- suant to section 50 of the Act, that part of each lo- cation allowance representing prices shall be varied from the beginning of the first pay period commenc- ing on or after the 1st day in July of each year in ac- cordance with the annual percentage change in the Consumer Price Index (excluding housing) for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest 10 cents. 30.—Shift Work. (1) (a) Where on any day a worker commences her ordinary hours of work before 4.00 a.m. or after 12 noon, she shall be paid a loading with respect to those ordinary hours of 12 ¥2 per cent (b) (i) The provisions of paragraph (a) of this subclause do not apply to a worker who on any day commences her ordinary hours of work after 12 noon and completes those hours before 6.00 p.m. on that day. (ii) The provisions of paragraph (a) of this subclause apply to a worker who on any day commences her ordinary hours of work before 12 noon and completes those hours after 8.00 p.m. on that day. (c) Where a worker works a broken shift each portion of that shift shall be considered a separate shift for the purpose of this clause. (2) (a) Subject to the provisions of subclause (4) of this clause all work performed during ordinary hours on a Saturday or Sunday shall be paid at the rate of time and one half. (b) The rates prescribed in this subclause shall be in substitution for and not cumulative on the rates prescribed in subclause (1) of this clause. (3) Where a worker's rostered hours of duty in any day are extended by an early start or a late finish the shift work or weekend rates as the case may be shall be paid for such additional time worked in addition to any overtime payable under Clause 9.—Overtime of this award. (4) Where the ordinary hours of work span 12 mid- night on a Friday night or Sunday night the ad- ditional payments for shift work and work during the weekend may be made at the option of the em- ployer— (a) by calculation for the whole shift according to the rate of the additional payment for the greater part of the shift; or (b) by calculation for each part of the shift ac- cording to the rate applicable for additional payment for shift work and work during the weekend as the case may be. Provided that having decided on one method of calculation the employer shall give at least two weeks notice of intention to change to the other method and any such change shall be given effect with respect to the shift commencing on a Friday. 21681—19 31.—Maternity Leave. (1) Eligibility for Maternity Leave. A worker who becomes pregnant shall, upon pro- duction to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer im- mediately preceding the date upon which she pro- ceeds upon such leave. For the purposes of this clause: (a) A worker shall include a part-time worker but shall not include a worker engaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid ma- ternity leave. (2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an un- broken period of from 12 to 52 weeks and shall include a period of six weeks' compul- sory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) A worker shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) A worker shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence ma- ternity leave, stating the period of leave to be taken. (d) A worker shall not be in breach of this order as a consequence of failure to give the stipu- lated period of notice in accordance with paragraph (c) hereof if such failure is oc- casioned by the confinement occurring earlier than the presumed date. (3) Transfer to a Safe Job. Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the preg- nancy or hazards connected with the work assigned to the worker make it inadvisable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the worker may, or the employer may require the worker to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of Period of Maternity Leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the worker giving not less than 14 days' notice in writ- ing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the worker giving not less than 14 days' notice in writ- ing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity Leave. (a) Maternity leave, applied for but not com- menced, shall be cancelled when the preg- nancy of a worker terminates other than by the birth of a living child. 2648 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (b) Where the pregnancy of a worker then on maternity leave terminates other than by the birth of a living child, it shall be the right of the worker to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the worker to the employer that she desires to resume work. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of a worker not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly quali- fied medical practitioner certifies as necessary before her return to work. (b) Where a worker not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical prac- titioner certifies as necessary before her re- turn to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) A worker returning to work after the completion of a period of leave taken pursu- ant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the worker is qualified and the duties of which she is capable of performing, she- shall be entitled to a position as nearly compar- able in status and salary or wage to that of her former position. (7) Maternity Leave and Other Leave En- titlements. Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks: (a) A worker may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to a worker during her absence on maternity leave. (8) Effect of Maternity Leave on Employment. Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of a worker but shall not be taken into account in calculating the period of service for any purpose of the award. (9) Termination of Employment. (a) A worker on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the em- ployment of a worker on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an em- ployer in relation to termination of employ- ment are not hereby affected. (10) Return to Work After Maternity Leave. (a) A worker shall confirm her intention of re- turning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave. (b) A worker, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held im- mediately before proceeding on maternity leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the worker is qualified and the duties of which she is capable of performing, she shall be en- titled to a position as nearly comparable in status and salary or wage to that of her for- mer position. (11) Replacement Workers. (a) A replacement worker is a worker specifi- cally engaged as a result of a worker pro- ceeding on maternity leave. (b) Before an employer engages a replacement worker under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the worker who is being replaced. (c) Before an employer engages a person to re- place a worker temporarily promoted or transferred in order to replace a worker exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the worker who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement worker. (e) A replacement worker shall not be entitled to any or the rights conferred by this clause except where her employment continues be- yond the 12 months qualifying period. PART II 1.—Long Service Leave. (1) The conditions contained in the document Long Service Leave Conditions—State Government Wages Employees as consolidated by the Public Ser- vice Board in May 1974 shall apply to workers covered by this Award with the exception that on and from the 1st day of January, 1979 long service leave for the second and subsequent period of service shall accrue at the rate of 13 weeks leave for seven years continuous service. (2) Any qualifying service prior to 1st January, 1979 for the second period of long service leave, shall be calculated on a 10 year qualifying period basis but all qualifying service after 1st January, 1979 shall be calculated on a seven year qualifying period basis. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2649 2.—Sick Leave. (1) (a) A worker, other than a casual worker, shall be entitled to payment for non-attendance on the ground of personal ill-health for one sixth of a week for each completed month of service; provided that subject to paragraph (b) of his subclause payment for absence through such ill health shall be limited to two weeks in each calendar year. Payment hereunder may be adjusted at the end of each calendar year, or at the time the worker leaves the service of the em- ployer, in the event of the worker being entitled by service subsequent to the sickness to a greater allow- ance than that made at the time the sickness occurred. (b) Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph (a) of this subclause which has, in any year, not been allowed to any worker by his employer as paid sick leave may be claimed by the worker, and, subject to the conditions herein prescribed, shall be allowed by his employer in any subsequent year without dimin- ution of the sick leave prescribed in respect of that year. (2) (a) No leave on account of illness or injury shall be granted with pay if the illness or injury has been caused by the workers own fault, neglect or miscon- duct. (b) No worker shall be entitled to the benefit of this clause unless he produces proof to the satisfac- tion of the employer or his representative of such sickness provided that the employer shall not be en- titled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year. (c) Any worker necessarily absenting himself from duty through sickness shall send immediately notice to his officer in charge and at once apply for sick leave. (d) This clause shall not apply where the worker is entitled to compensation under the Workers' Com- pensation Act, 1912-1978. (e) Where a worker is sick or has suffered injury during his annual leave and produces a certificate from a legally qualified medical practitioner that such sickness or injury necessitated confinement to home or hospital for seven continuous days or more, then the period covered by the certificate shall be considered to be sick leave subject to the provisions of this clause. Provided further, the worker con- cerned has sick leave credits available and the portion of annual leave coinciding with the paid sick leave shall be taken at a time convenient to the em- ployer. (f) A rostered worker, proceeding on sick leave, shall be paid the shift and weekend penalties he would have received had he not proceeded on sick leave. Claudia Hicks Lodge, Bentley. Deloraine Rest Home, Mt. Lawley. Kwinana Maternity Hospital, Calista. Lady Lawley Cottage by the Sea, Mosman Park. Maurice Zeffert Memorial Home, Yokine. Nadezda Hospital, Innaloo. St. Anne's Nursing Home, Mt. Lawley. St. John of God Hospital, Subiaco. Seaton Lodge, Albany. Vailima Convalescent Hospital, Narrogin. Dated at Perth the 22nd day of July, 1966. NURSES (Silver Chain Association). Award No. 14 of 1965. 1.—Title. This Award shall be known as the Nurses' (Silver Chain Association) Award and replaces Award No. 12 of 1956 as amended. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Wages. 8. Absence through Sickness. 9. Annual Leave and Public Holidays. 10. Termination of Employment. 11. Long Service Leave. 12. Engagement. 13. Laundry and Uniforms. 14. Casual Workers. 15. Part-time Workers. 16. Motor Cars and Allowances. 17. Telephone. 18. District Allowance. 19. No Reduction. 20. Liberty to Apply. 21. Board of Reference. 22. Maternity Leave. 23. Payment of Wages. 24. Shiftwork. 3.—Scope. This Award shall apply to all nurses employed by the employer in the vocations set out herein. 4.—Area. This Award shall have effect throughout the State of Western Australia. Schedule of Respondents. Alfred Carson Hospital, Claremont. Annesley Private Hospital, Mt. Lawley. Bethesda Hospital (Inc.), Claremont. Braille Society for the Blind of W.A. (Inc.), Victoria Park. 5.—Term. This Award shall operate for a period of three years from the beginning of the first pay period commencing after the date hereof. 6.—Definitions. (1) "Nurse"—a person who is registered or entitled to be registered in Western Australia under the Nurses' Act 1968. 2650 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (2) "Supervisor" shall mean a nurse appointed as such by the employer. (3) "Silver Chain Nurse" shall mean and include the nurse in charge of a "Silver Chain Medical Centre" or a nurse who performs nursing duties among the sick of a community in their homes. (4) "Silver Chain Medical Centre" shall mean a nursing centre established by the employer in a country town where there is no resident doctor or district hospital, and at which the sick of the community may attend for advice and/or treatment. The centre shall include free lodging for the nurse in charge. (5) "Assistant Superintendent" shall mean a nurse appointed as such by the employer to assist the Superintendent in the administration of the nursing service. 7.—Wages. (1) Wages shall be paid at least fortnightly. (2) The minimum rates of wages payable to employees covered by this Award shall be as follows:— Per week (a) Silver Chain Nurse: $ First year of service 314.00 Second year of service 321.90 Third year of service 329.50 Fourth year of service 338.10 Thereafter 345.70 (b) Supervisor: First year 358.70 Thereafter 368.10 (c) Assistant Superintendent 426.00 8.—Absence Through Sickness. (1) A worker shall be entitled to payment for non attendance on the ground of personal ill health or injury at the rate of one-sixth of a week for each completed month of service, provided that, subject to subclause (5) hereof payment for absence through such ill health shall be limited to two weeks in each calendar year. Payment hereunder may be adjusted at the end of each calendar year or at the time the worker leaves the services of the employer, in the event of the worker being entitled to service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. (2) The provisions of this clause with respect to payment do not apply to workers who are entitled to payment under the Workers' Compensation Act nor to workers whose injury or illness is the result of the worker's own misconduct. (3) No worker shall be entitled to the benefits of this clause unless she produces proof satisfactory to her employer of sickness but the employer shall not be entitled to a medical certificate unless the absence is for three days or more. (4) Notwithstanding the provisions of subclause (3) hereof a worker who in any calendar year, has already been allowed sick leave on one occasion shall not be entitled to payment for any further absence unless she produces to the employer a medical certificate stating that she was unable to attend for duty on account of personal ill-health. (5) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been allowed to any worker by her employer as paid sick leave may be claimed by the worker, and subject to the conditions hereinbefore prescribed shall be allowed by her employer in any subsequent year withoui diminution of the sick leave prescribed in resper* ;het vear. 9.—Annual Leave and Public Holidays. (1) A period of six consecutive weeks leave shall be allowed to a worker other than a casual by her employer after each period of 12 months continuous service with such employer. (2) The worker shall be paid for any period of annual leave prescribed by this clause at the ordinary rate of wage the worker would have received inclusive of weekend penalties had the worker not proceeded on annual leave. Provided that no worker when proceeding on annual leave shall be paid less than 117.5 per cent of the ordinary rate of wage (excluding weekend penalties) for four weeks. (3) The leave referred to in this clause shall be given as soon as practicable after falling due and may by agreement between the employer and the worker be taken in two periods. (4) (a) If after one month's continuous service in any qualifying 12 monthly period a worker lawfully terminates her service or her employment is terminated by the employer through no fault of the worker she shall be paid one third of one week's wages calculated in accordance with subclause (2) for each completed month of service. (b) In addition to any payment to which she may be entitled under paragraph (a) of this subclause, a worker whose employment terminates after she has completed a 12 monthly qualifying period and who has not been allowed the leave prescribed under this Award in respect of that qualifying period, shall be given payment in lieu of that leave unless she has been justifiably dismissed for misconduct and the misconduct for which she has been dismissed occurred prior to the completion of that qualifying period. (5) When computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period a worker is on annual leave, absent through sickness with or without pay except for that portion of an absence that exceeds three months, or absent on workers' compensation, except for that portion of an absence that exceeds six months in any year. (6) (a) A worker who works on any Public Holiday named herein shall be paid a loading of 50 per cent of the ordinary wage for the time worked in ordinary hours on that day. (b) For the purposes of this subclause the following days shall be considered as Public Holidays:— New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. 10.—Termination of Employment. (1) No worker shall be dismissed (except for misconduct) unless she has received 14 days' previous notice of her dismissal or pay for such period in lieu thereof. (2) No worker shall, without the consent of her employer, resign without first having given 14 days' previous notice of her intention to do so; and in the absence of such notice the employer may withhold holiday or other pay up to the amount of 14 days' wages. (3) This clause shall not apply to casual or part- time workers. 11.—Long Service Leave. (1) The conditions contained in the document Long Service Leave conditions—State Government Wages Employees as consolidated by the Public Service Board in May 1974 shall apply <0 workers 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2651 covered by this Award with the exception that on and from the 1st January, 1979 long service leave for the second and subsequent periods of service shall accrue at the rate of 13 weeks' leave for seven years of continuous service. (2) Any qualifying service, prior to 1st January, 1979, for the second period of long service leave, shall be calculated on a 10 year qualifying period basis but all qualifying service after 1st January, 1979, shall be calculated on a seven year qualifying period basis. 12.—Engagement. (1) When a nurse is engaged for service in a centre or place outside the area within a radius of 20 miles of the General Post Office, Perth, she shall be entitled to first-class accommodation and travelling allowance as above from her home to the place of employment. (2) If such worker remains in such service for the period for which she was engaged, and, if none is stipulated, then for the six months, she shall receive first-class acccommodation and allowance as above to return to her home. (3) If she is dismissed before such time as aforesaid (except for proved misconduct) she shall be entitled to first-class accommodation and travelling allowance as above to return to her home. (4) Any worker whose duties require her to travel shall be entitled to first-class travelling accommodation at the expense of her employer. 13.—Laundry and Uniforms. (1) (a) Each worker shall on commencement be issued with a sufficient number of uniforms and such uniforms shall remain the property of the employer. (b) A laundry allowance of $1.20 per week shall be paid to each worker. 14.—Casual Workers. A nurse employed for a period of less than two weeks shall be deemed a casual worker and be paid 15 per cent, in addition to the rates prescribed herein. If a casual worker is still required at the end of two weeks, she may be re-employed as a casual with payment as aforesaid for another two weeks. 15.—Part-Time Workers. (1) Notwithstanding anything contained herein an employer shall be at liberty to regularly employ part- time workers. (2) A part-time worker means a worker engaged on an hourly contract of service who regularly works less than the normal hours per week. (3) Part-time workers shall be paid a pro rata amount of the wages specified in Clause 7.—Wages hereof depending upon the number of hours worked and shall be entitled to pro rata payment for annual and sick leave. 16.—Motor Cars and Allowances. (1) A worker who uses her own vehicle in the course of her duties with the approval of the employer shall be paid an allowance in accordance with the scale set out in the Public Service Motor Vehicle Allowances Award. (2) (a) Workers who are in possession of a qualification from a university or college of advanced education relative to their employment shall in addition to the rates prescribed in Clause 7.—Wages of this Award for their classification be paid an amount of $16.30 per week. (b) Workers who have undertaken part of a course leading to the qualification mentioned in (a) of this subclause and such part is all that is required by the employer to be completed shall be paid in addition to their classified rates as prescribed in Clause 7.—Wages of this Award an amount of $7.50 per week. 17.—Telephone. Where a nurse is required to use a telephone on her private premises in the performance of her duties, the employer shall pay the rental charge of such telephone. 18.—District Allowance. A district allowance of the amount set out shall be paid to workers stationed in the towns specified:— Per week $ Denham 3.00 Kalgoorlie 0.50 19.—No Reduction. Nothing herein contained shall entitle the employer to reduce the wage of any worker who at the date of this Award is being paid a higher rate of wage than the minimum prescribed for her class of work, or to deprive her of any privileges relating to her employment which are enjoyed by her at the date hereof. 20.—Liberty to Apply. Liberty is reserved to either party to apply to amend to include a Roster clause. 21.—Board of Reference. (1) The commission hereby appoints for the purposes of this Award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to section 48 of the Industrial Arbitration Act, 1979. (2) The Board of Reference is hereby assigned the function of determining any dispute between the parties in relation to any matter which, under this Award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference. 22.—Maternity Leave. (1) Eligibility for Maternity Leave. An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave. For the purpose of this clause: (a) An employee shall include a part-time employee but shall not include an employee engaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid maternity leave. (2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an unbroken period of from 12 to 52 weeks and shall include a period of six weeks' compulsory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) An employee shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence maternity leave, stating the period of leave to be taken. (d) An employee shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date. 2652 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. (3) Transfer to a Safe Job. Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purpose of subclauses (7), (9) and (10) hereof. (4) Variation of Period of Maternity Leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity Leave. (a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child. (b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the employee to the employer that she desires to resume work. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical practitioner certifies as necessary before her return to work. (b) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid sick leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) An employee returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position. (7) Maternity Leave and Other Leave Entitlements. Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks: (a) An employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) shall not be available to an employee during her absence on maternity leave. (8) Effect of Maternity Leave on Employment. Notwithstanding any Award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of the Award. (9) Termination of Employment. (a) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this Award. (b) An employer shall not terminate the employment of an employee on the grounds of her pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected. (10) Return to Work after Maternity Leave. (a) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave. (b) An employee upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. ' Where such position no longer exists but there are other positions available for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position. (11) Replacement Employees. (a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave. (b) Before an employer engages a replacement employee under this subclause, the employer shall inform that person of the 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2653 temporary nature of the employment and of the rights of the employee who is being replaced. (c) Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement employee. (e) A replacement employee shall not be en- titled to any of the rights conferred by this clause except where her employment con- tinues beyond the 12 months qualifying period. 23.—Payment of Wages. Where an obligation to pay a final amount contains a decimal figure of .5 of a cent or more the amount to be paid shall be the next whole cent. Example—5.5 cents becomes 6.0 cents. Where the amount to be paid contains a decimal figure of less than .5 of a cent, such decimal figure shall be disregarded. Example—5.4 cents becomes 5.0 cents. 24.—Shift Work. All work performed on a Saturday or a Sunday shall be paid for at the rate of time and one half. Dated at Perth the 30th day of June, 1965. Applicant: Royal Australian Nursing Federation. Respondent: Silver Chain Nursing Association Inc. TRANSPORT WORKERS' (GOVERNMENT). Award No. 2A of 1952. WHEREAS an error occurred in the copy of the then Order No. 407 of 1982 amending the above award, published in the Western Australian Industrial Ga- zette on the 28th July, 1982, Volume 62—Part 2, Sub-Part 1, Page 1760, the following correction is made: 1. Delete the word and numbers "No. 407 of 1982" and insert in lieu the words and numbers "No. 407 of 1981". 2. Delete the word "Order" and insert in lieu the words "Interim Order". Dated at Perth this 16th day of September, 1982. K. SCAPIN, Industrial Registrar. PUBLIC SERVICE ARBITRATION- AGREEMENTS FILED— THE LIBRARY BOARD OF WESTERN AUSTRALIA SALARIES AND ALLOWANCES. Agreement No. 9 of 1982. Public Service Arbitration Agreement Filed. PUBLIC SERVICE ARBITRATION ACT 1966. PURSUANT to the provisions of Regulation 8 of the Public Service Arbitration Act Regulations 1978 the following Agreement is published for general infor- mation. P. C. WINTER, Acting Registrar. Western Australia PUBLIC SERVICE ARBITRATION ACT, 1966-1982. THE LIBRARY BOARD OF WESTERN AUS- TRALIA SALARIES AND ALLOWANCES AGREEMENT, 1982. No. 9 of 1982. THIS Agreement, made pursuant to the provisions of the Public Service Arbitration Act 1966-1982, of Western Australia this sixth day of September, 1982, between the Civil Service Association of Western Australia Incorporated (hereinafter referred to as the Association) of the one part and the Library Board of Western Australia (hereinafter referred to as the Board) of the other part, witnesseth that the parties hence to mutually covenant and agree the one with the other as follows:— 1.—Title. This Agreement shall be known as The Library Board of Western Australia Salaries and Allowances Agreement, 1982, and supersedes and replaces The Library Board of Western Australia, Salaries and Allowances Agreement, 1976, No. 7 of 1976. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Definitions. 5. Categories of Offices. 6. Salaries and Salary Ranges. 7. Adjustment of Salary Rates. 8. Annual Increments. 9. Special Conditions—Professional Staff. 10. Allowances. 11. Hours of Duty. 12. Hours of Duty, Rosters and Allowances for Officers on Shifts. 13. Leave of Absence. 14. Copies of Agreement. 15. Term of Agreement. Schedule A. 3.—Scope. This Agreement shall apply to all Government Officers employed by The Library Board of Western Australia. 4.—Definitions. "Association" shall mean the Civil Service Associ- ation of Western Australia Incorporated. "Board" shall mean The Library Board of Western Australia. 2654 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 5.—Categories of Offices. Offices established by the Board shall be categor- ised as Administrative and Clerical; General or Pro- fessional. 6.—Salaries and Salary Ranges. Subject to the provisions of the Public Service Arbitration Act, 1966-1982, the Board shall allo- cate:— (a) to those officers categorised as administrat- ive and clerical, such of the salaries or salary ranges as it deems appropriate taken from the Public Service Administrative and Cleri- cal Divisions Salaries Award 1982, No. 1 of 1982 including amendments and variations; (b) to those officers categorised as general, such of the salaries or salary ranges as it deems appropriate taken from the Public Service General Division Salaries Agreement 1982, No. 2 of 1982 including amendments and variations; (c) to those officers categorised as professional such of the salaries or salary ranges as the Board deems appropriate taken from Sched- ule A of this Agreement; (d) subject to the provisions of this Agreement, all of the provisions of the Awards referred to in subclause (a) and (b) of this clause shall be deemed to have been made between the parties to this Agreement and shall apply mutatis mutandis. 7.—Adjustment of Salary Rates. (a) The salaries and salary ranges of the offices categorised as administrative and clerical and general shall vary concurrently and to the same extent as variations to the equivalent salary in the awards referred to subclauses (a) and (b) of Clause 6 of the Agreement. (b) The salaries of offices categorised as pro- fessional shall vary concurrently and to the same ex- tent as variations to the equivalent salary payable to librarians pursuant to the provisions of the Public Service Professional Division Salaries Agreement 1982, No. 8 of 1982. 8.—Annual Increments. Subject to good conduct, diligence and efficiency an officer shall proceed by annual increments to the maximum of the salary range allocated to the office which he occupies. 9.—Special Conditions—Professional Staff. (a) Officers appointed as Library Technicians shall commence within the Level 1 range in accordance with the following academic qualifications: (i) Level 1—1st year: Possession of a Certificate of Library Practice (Perth Technical College). (ii) Level 1—2nd year: Possession of a Diploma in Media Studies (Secondary Teachers College). (iii) Level 1—3rd year: Possession of a graduate qualification and undertaking the post graduate diploma in Library Studies. (b) Officers appointed as Librarians Level 2 shall commence at the following points within the Level 2 range as follows: (i) Level 2—1st year: Librarian appointed who has a pro- fessional library qualification of less than degree standard and who has not reached tertiary degree level in any other subject. (ii) Level 2—2nd year: Librarian appointed who has a pro- fessional library qualification of degree stan- dard or a professional library qualification of less than degree standard together with a tertiary degree in any other subject. (iii) Level 2—3rd year: Librarian appointed who has served a ca- detship in librarianship with the Board involving the satisfactory completion of the Bachelor of Applied Science in Library studies or the Post Graduate Diploma in Li- brary Studies from the Western Australian Institute of Technology. (c) When appointing Librarians to Level 2—1st year or Level 2—2nd year the Board may have regard to years of relevant experience in considering the placement of officers within the range. 10.—Allowances. (a) Subject to the provisions of this Agreement, the following Awards and any amendment thereto in- cluding replacement, shall be deemed to have been made between the parties to this Agreement and shall apply mutatis mutandis. (i) Public Service Miscellaneous Allowances Award, 1976, No. 17 of 1976; (ii) Public Service Motor Vehicle Allowances Award, 1976, No. 13 of 1976; (iii) Public Service Overtime Award, 1978, No. 10 of 1978; (iv) Public Service Allowances (Higher Duties) Award, 1981, No. 8 of 1981. 11.—Hours of Duty. Subject to the provisions of this Agreement, the hours of attendance to be observed by officers shall be as provided for by the Administrative Instructions issued by the Public Service Board with respect to hours of duty and to the application of flexi-time. 12.—Hours of Duty, Rosters and Allowances for Officers on Shifts. (a) In this Agreement, the following expressions shall, unless the contrary intention appears, have the meaning hereby respectively applied to them, namely:— "Day Shift" means a shift commencing after 6.00 a.m. and before 12.00 noon. "Afternoon Shift" means a shift commenincing at or after 12.00 noon and before 6.00 p.m. "Night Shift" means a shift commencing at or after 6.00 p.m. and before 6.01 a.m. (b) Officers engaged on shifts shall work one hundred and twelve and one half (112I/2) hours dur- ing any three week period, or one hundred and fifty (150) hours during any four week period exclusive of meal Intervals as the case may require. (c) Shifts worked Monday to Friday inclusive shall be of seven (7), seven and one half (IV2) or eight (8) hours duration exclusive of meal breaks. (d) Shifts on Saturdays and Sundays can be of less than seven (7) or eight (8) hours duration exclusive of meal breaks. (e) Meal breaks shall be for a period of at least thirty (30) minutes. (f) Officers may be rostered to work on any of the seven days of the week provided that in any roster period no officer shall be rostered for more than six (6) consecutive days. (g) The roster period shall begin on Monday and continue for twenty one (21) or twenty eight (28) con- secutive days as the case may require. Rosters shall be available to officers at least three (3) clear working days prior to the commencement of the roster. 27thOctober, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2655 (h) A roster may only be altered on account of con- tingency which the State Librarian could not have been reasonably expected to foresee. When a roster is altered, the officer concerned shall be notified of the changed shift on the day before the changed shift commences except in an emergency. (i) An officer shall not be rostered for duty until at least eight (8) hours have elapsed from the time his previous rostered shift ended. (j) An officer shall not be retained permanently on one Shift unless the officer so elects in writing. (k) An officer required to work an afternoon or night shift of seven (7), seven and one half (TVfe) or eight (8) hours on Monday to Friday shall, in ad- dition to his ordinary rate of salary, be paid a loading at the rate expressed in the Public Service Shift Work Agreement, 1978, No. 24 of 1978 as amended from time to time. (1) Work performed during ordinary hours on Saturdays or Sundays shall be paid for at the rate of time and one half and on Public Service holidays at double time and one half. These rates shall be paid in lieu of the shift work allowance prescribed in subclause (k) of this clause. Provided that in lieu of the foregoing provisions of this subclause and subject to agreement between the State Librarian and the officer, work done during or- dinary rostered hours on a Public Service holiday shall be paid for at the rate of time and one half and the officer shall in addition, be allowed equivalent leave with pay to be added to his annual leave or to be taken at some other time within a period of one year if the officer so agrees. (m) An officer rostered off on a Public Service hol- iday shall be paid at ordinary rates for such day or, subject to agreement between the State Librarian and the officer, be allowed a day's leave with pay in lieu of the holiday to be taken at some time within a period of one year. (n) An officer engaged on shift work who is ros- tered to work regularly on Sundays and/or Public Service holidays shall be allowed one week's leave in addition to his normal entitlement to annual leave of absence for recreation. (o) Additional leave provided by subclause (1), (m) and (n) of this clause shall not be subject to the annual leave loading prescribed by Clause 16 of the Public Service Miscellaneous Allowances Award, 1976, No. 17 of 1976. (p) Work performed by an officer in excess of one hundred and twelve and one half (112'A) hours dur- ing any three week period, or one hundred and fifty (150) hours during any four week period, as the case may be, shall be paid for or time off in lieu granted in accordance with the provisions of the Public Service Overtime Award, 1978, No. 10 of 1978. 13.—Leave of Absence. Officers covered by the provisions of this Agree- ment shall be entitled mutatis mutandis to the same conditions relating to:— (i) Annual Leave (ii) Long Service Leave (iii) Sick Leave (iv) Short Leave (v) Leave Without Pay (vi) Study Leave (vii) Military Leave (viii) Maternity Leave, and (ix) Public Service Holidays as permanent officers employed under the provisions of the Public Service Act, 1978-1982. 14.—Copies of Agreement. Every member employed by the Board shall be en- titled to have access to a copy of this Agreement and sufficient copies shall be available at the Library Board for this purpose. 15.—Term of Agreement. This Agreement shall operate as from and includ- ing the 12th day of August, 1982 and shall remain in force for a period of three years, provided that at any time after the expiration of the first 12 months from the date of operation of this Agreement, or of the ex- piration of any period of 12 months from the date of operation of any variation thereof, either of the par- ties may negotiate with the other party to amend or add to this Agreement or approach the Public Service Arbitrator for an amendment to this Agreement. In witness whereof the parties hereto have here- unto set their hands and seals the day and year first before written. The Common Seal of the Civil Ser- vice Association of Western Australia Incorporated was hereunto affixed in the pres- ence of— [L.S.] 0. S. MIDDLETON D. J. KINNIMONTH ANTHONY BLACK The Common Seal of The Library Board of Western Australia was hereunto affixed in the presence of— [L.S.] FRED ALEXANDER ROBERT SHARMAN Schedule A Level Description Salary per annum payable on and from 18th December 1981 $ 2 Librarian 15 987 16 501 17 062 17 632 18 225 19 437 20 683 21 332 22 623 3 Executive Librarian 23 263 23 913 4 Divisional Librarian 28118 28 847 29 955 31 360 5 Principal Librarian 34 172 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. 2656 Level Description Salary per annum payable from the first pay period commencing on or after 12th August, 1982 $ 1 Library Technician 11732 12 177 12 297 12 742 13 188 14 592 14 948 15 473 15 987 2 Librarian 15 987 17 062 18 225 19 437 20 683 21 332 22 623 3 Senior Librarian 23 263 4 Executive Librarian 23 913 24 554 25 924 5 Divisional Librarian 29 955 31 360 6 Principal Librarian 34172 W.A. POST SECONDARY EDUCATION COM- MISSION ADMINISTRATIVE, CLERICAL AND GENERAL OFFICERS SALARIES, AL- LOWANCES AND CONDITIONS. Agreement No. 11 of 1982. PUBLIC SERVICE ARBITRATION Agreement filed. Public Service Arbitration Act 1966. PURSUANT to the provisions of Regulation 8 of the Public Service Arbitration Act Regulations 1978 the following Agreement is published for general infor- mation. S. M. ARMSTRONG, Registrar. Western Australia. PUBLIC SERVICE ARBITRATION ACT 1966. Western Australian Post Secondary Education Com- mission. Administrative Clerical and General Officers Salaries Allowances and Conditions Agreement 1982. No. 11 of 1982. THIS Agreement made pursuant to the provisions of the Public Service Arbitration Act 1966, of Western Australia, this 21st day of September, 1982, between the Civil Service Association of Western Australia In- corporated (hereinafter referred to as the Associ- ation) of the one part and the Western Australian Post Secondary Education Commission (hereinafter referred to as the Commission) of the other part, wit- nesseth that the parties hereto mutually convenant and agree the one with the other as follows:— 1.—Title. This Agreement shall be known as the Western Australian Post Secondary Education Commission Administrative, Clerical and General Officers Salaries, Allowances and Conditions Agreement, 1982. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Salaries and Salary Ranges. 5. Annual Increments. 6. Hours of Attendance. 7. Leave of Absence. 8. Allowances. 9. Contract of Service. 10. Copies of Agreement. 11. Term of Agreement. 3.—Scope. This Agreement shall apply to all Government Officers employed by the Commission in an Adminis- trative, Clerical and General capacity. 4.—Salaries and Salary Ranges. 1. Subject to the provisions of the Public Service Arbitration Act, 1966-1982, the Commission shall al- locate: (i) to those officers categorised as Administrat- ive or Clerical such of the salaries or salary ranges as it deems appropriate, taken from the Public Service Administrative and Cleri- cal Divisions Salaries Award 1982 No. 1 of 1982, including amendments and variations. (ii) to those officers categorised as General such of the salaries and salary ranges as it deems appropriate, taken from the Public Service General Division Salaries Agreement 1982 No. 2 of 1982, including amendments and variations. 2. Subject to the provisions of this Agreement, all of the provisions of the Award and Agreement referred to in subclause 1 above shall be deemed to have been made between the parties to this Agree- ment and shall apply mutatis mutandis. 3. Subject to the provisions of this Agreement, all amendments or variations to the Award and Agree- ment referred to in subclause 1 above shall vary con- currently and to the same extent the terms of this Agreement. 5.—Annual Increments. 1. Before any increase in salary is paid to an officer who occupies an office which is allocated a range of salary, the Officer in Charge shall complete a report in respect of the Officer's efficiency, diligence and conduct and where the Chairman of the Commission is satisfied with the report, the increase in salary shall be paid. 27thOctober, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2657 2. Where the Chairman considers the report of the Officer in Charge to be an adverse report the follow- ing provisions shall apply— (a) the report shall be brought to the notice of the officer and shall be initialled by the officer; (b) if the officer desires to give an explanation in respect of the report or give any reasons for disagreeing with the report, the officer shall put the explanation or reasons in writing; (c) the Chairman shall immediately consider the report and the officer's explanation or reasons and may approve the increase in sal- ary or forthwith recommend to the Com- mission that the increase not be paid for a specific period; (d) the Commission shall forthwith enquire into the matter and may approve, vary or reverse the Chariman's recommendation and shall notify the Chairman and the officer of its decision within 28 clear days of receipt of the Chairman's recommendation. 3. Where an increase is not paid for a specific period, the Officer in Charge shall complete a further report before the expiry of that specific period and the provisions of subclauses 1 and 2 shall apply in respect of that report. 4. The non-payment of an increase shall not change the normal anniversary date of any further increase due to the officer. (iii) Public Service Overtime Award, 1978, No. 10 of 1978; (iv) Public Service Allowances (Higher Duties) Award 1981 No. 8 of 1981. 9.—Contract of Service. 1. No permanent officer shall leave the employ of the Commission until the expiration of one month's written notice of his intention to do so, without the approval of the Commission. 2. One month's written notice shall be given by the Commission to a permanent officer whose services are no longer required. 3. The Commission may summarily dismiss any officer deemed guilty of misconduct and the officer shall not be entitled to any notice or payment in lieu and in such case shall be paid up to the time of dis- missal only. 4. An officer having attained the age of 60 years shall be entitled to retire from the employ of the Commission. Every officer shall retire on attaining the age of 65 years. 10.—Copies of Agreement. Every officer covered by this Agreement shall be entitled to have access to a copy of this Agreement and those Awards listed in Clause 8 and the relevant documenation of provisions referred to in Clause 7. 6.—Hours of Attendance. 1. The prescribed ordinary hours of work shall not exceed 37 'A hours per week, Monday to Friday in- clusive and shall be worked 7'A hours per day con- tinuously between the hours of 8.30 a.m. and 4.45 p.m., except for an interval of three quarters of an hour for luncheon. 2. Provided that the Commission by written notifi- cation may vary the spread of hours because of the circumstances of public business or because of the nature of the duties of an officer or class of officer. The Association shall be supplied with a copy of such written notification. 3. Provided also that where hours of duty are so varied they shall not be so varied to prescribe ordi- nary working hours in excess of 37 V2 hours per week. 7.—Leave of Absence. Officers covered by the provisions of this Agree- ment shall be entitled mutatis mutandis to the same conditions relating to:— (i) Annual Recreation Leave (ii) Long Service Leave (iii) Sick Leave (iv) Short Leave (v) Leave Without Pay (vi) Study Leave (vii) Military Leave (viii) Maternity Leave, and (ix) Public Service Holidays as permanent officers employed under the provisions of the Public Service Act, 1978. 8.—Allowances. 1. Subject to the provisions of this Agreement, the following Awards and any amendment thereto in- cluding replacement, shall be deemed to have been made between the parties to this Agreement and shall apply mutatis mutandis. (i) Public Service Miscellaneous Allowances Award, 1976, No. 17 of 1976; (ii) Public Service Motor Vehicle Allowances Award, 1976, No. 13 of 1976; 11.—Term of Agreement. This Agreement shall operate as from and includ- ing 21st September, 1982, and shall remain in force for a period of three years, provided that at any time after the expiration of the first 12 months from the date of operation of this Agreement, or of the expir- ation of any period of 12 months from the date of op- eration of any variation thereof, either of the parties may negotiate with the other party to amend or add to this Agreement or approach the Public Service Ar- bitrator for an admendment to this Agreement. In witness whereof the parties hereto have here- unto set their hands and seals the day and year first before written. The Common Seal of the Civil Ser- vice Association of Western Aus- tralia Incorporated was hereunto affixed in the presence of— 0. S. MIDDLETON, TVllQ+Afi D. J. KINNIMONTH, [L.S.] Trustee. ANTHONY BLACK General Secretary. The Common Seal of the Western Australian Post Secondary Edu- cation Commission has been af- fixed hereto by authority of Res- olution 906 of the Commission in the presence of— W. A. PULLMAN, Chairman. W. SNELL, [L.S.j Acting Secretary. 2658 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. PUBLIC SERVICE ARBITRATION- AWARDS—Amendments of— PUBLIC SERVICE (ADMINISTRATIVE AND CLERICAL DIVISIONS) SALARIES. Award No. 1 of 1982. Public Service Arbitration Act 1966-1982. PUBLIC SERVICE (ADMINISTRATIVE AND CLERICAL DIVISIONS) SALARIES AWARD 1982. No. 1 of 1982. Amendment. THE following Reasons for Decision and Amend- ment to the Public Service (Administrative and Clerical Divisions) Salaries Award 1982 No. 1 of 1982 are published for general information. P. C. WINTER, Acting Registrar. PUBLIC SERVICE (ADMINISTRATIVE AND CLERICAL DIVISIONS) SALARIES AWARD 1982-- CLAUSE 15—REVIEW. Reasons for Decision. THIS is an Application by the Civil Service Associ- ation of Western Australia Incorporated at the direc- tion of my predecessor, Mr N. Malley, pursuant to section 27 (2) (b) of the Public Service Arbitration Act, 1966-1982, to review immediately following the next National Wage Case, the Public Service (Administrative and Clerical Divisions) Salaries Award 1982 (Award No. 1 of 1982) handed down on 14th January this year and effective from 18th December last. It should be stated at the outset that the liberty to apply for review was expressly limited in its scope in the following terms:— To the determination of the extent, if any, by which any demonstrated community wage move- ment ought then to be accommodated. It must be emphasized that the review directed is so lim- ited, and is not intended to allow the issue of sal- ary rates to be reopened without restriction, per N. Malley, Public Service Arbitrator (Reasons For Decision, Western Australian Industrial Gazette, Volume 62, Part 1, page 305). The National Wage Case was handed down in Melbourne on 14th May, 1982 (MD Print E 9700). Reference to it has been made by the Advocates at this Hearing and I do not propose to quote exten- sively therefrom. In summary, inasmuch as a com- munity wage movement or standard means a move- ment or standard obtaining throughout the Aus- tralian workforce, the Commission was not satisfied on the evidence adduced, that a community standard had been conclusively proved, nor was it prepared to recognize the existence of the specific standard sought by the Australian Council of Trade Unions (page 16, Reasons For Decision). So much for "community" viewed in a general context. There seems to be however, more than one industrial con- cept of "community" flowing from the National Wage Case, and this appears to have been adopted by the Association without demur by the Board, and that is, for the purposes of our exercise, that "community" is a grouping of similar occupations in an "industry", here the Public Service industry. The genesis of this idea can perhaps be found at page 33 of the Reasons For Decision where the following passage referring to adjustment of paid rates awards appears:— Where a paid rates award is adjusted from time to time on the basis of market surveys relat- ing like with like and in relevant localities, there can be no ground for any further adjustment for a "community standard". The appropriate com- munity standard for the range of occupations under consideration would be implicit in the market survey at the time it was taken. Accepting this interpretation, my task is to deter- mine the extent by which any (Public Service) com- munity wage movement ought to be accommodated. The relevant date is 14th May, 1982 or so soon there- after as will permit the ascertainment of the state of the market. Although I can well understand the anxiety expressed by the Association as to what could happen between now and 18th December, 1982, when it may as of right, apply to reopen the Award gener- ally, it is not proper for me to pre-empt the situation and act on evidence of changes and events not yet completed and still to run their course. As to the quantum of the "movement" or Claim, Mr Currie informed me that we are once again and for the sake of consistency, considering the position of the 21 year old C-IV Clerk as the keystone for the remainder of the edifice. The initial percentage claim was 11 per cent on 11th May, 1982 (page 3, Transcript) in line with the Metal Tradesman's in- crease of $25.00 per week and the flow-on to Com- monwealth Drafting Assistants (page 6, Transcript). In the course of the presentation of the argument, Mr Currie suggested an alternative basis of claim, namely, the average of the Victorian and New South Wales Public Service Rates which are calculated out at 9.94 per cent (page 31, Transcript). The historical basis for using Eastern States salary rates was dis- cussed with special reference to Victoria. In reply, Mr Payne for the Public Service Board, submitted that in coming to its offer of six per cent, which was conveyed to the Association by letter dated 9th July, 1982, all the relevant factors were examined which included:— The National Wage Decision in respect of com- munity movement. Market Surveys. The Metal Trades ceiling. The economy and rates being paid elsewhere as set out in Exhibit "A" now updated and received as Exhibit 1. The Board also considered that "while the Vic- torian Public Service is in the area of traditional af- finity, there should be less regard for rates paid in that State for the purposes of this Claim" (pages 44- 45, Transcript). With respect, I am inclined to agree with Mr Payne's submissions on the Victorian salaries. As if ruling upon a point of evidence, I would say that information on Victorian salaries is both relevant and admissible. The question of what weight to attach to the evidence, is a matter for the Arbi- trator's discretion. For the present, the short answer is—not much, and for the following reasons:— Firstly, the matter has previously been con- sidered and commented on by my predecessor and I have no cause to distinguish his dicta as no longer applicable. Secondly, recent salary movements in Victoria have been as a result of negotiated Agreements, and contain some concessional conditions and lack that persuasive authority which emanates from a judgment given after forensic testing and argument. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2659 Finally, there is recent authority to caution against the slavish acceptance of interstate rates (Shop, Distributive and Allied Employees As- sociation and Woolworths (Alice Springs) Ltd. and Others—Australian Conciliation and Arbi- tration Commission, Claim No. 3659 of 1981, MD Print E 7751) and it is settled Law that the principle enunciated by the "Unfair Discrepancy Case" (Reasons For Decision, Western Aus- tralian Industrial Gazette, Volume 55, Part 2, page 1916) is restricted in its operation intrastate. Mr Payne has informed the Court that were the six per cent offer to be ratified, it would have the inci- dental effect of bringing the Clerk in this State equal to the South Australian rate and within $4.00 a year of his New South Wales counterpart (page 48, Transcript). It is within some $3.00 per week of the Queensland Clerk and $211.00 in excess of what has been offered in the Commonwealth (page 49, Transcript). Having considered the matter, I have come to the conclusion that the Association has not shown that (bearing in mind the relevant review period) the Board's assessment is other than reason- able and I adopt it as the figure preferred. The per- centage is six per cent and the total wage is $12 561.00 per annum. The final question remains—from what date is this increase to apply? Mr Payne for the Board, doubted that there was jurisdiction to direct the increase be made retrospective and suggested, citing authority, that even if there was jurisdiction, the Arbitrator upon a proper discretion should decline so to do. Mr Currie referred to the Act, distinguished the authorities and argued for a degree of retrospectivity upon the merits. In my view, Mr Currie's perception of the matter is the correct one. Under section 27 (2) (b) of the Public Service Arbitration Act 1966-1982:— the Arbitrator may direct in an award that all or any of the provisions thereof be referred to him for review, at such intervals of time as he may think fit, and the Arbitrator shall have power to vary or rescind all or any of those provisions. As this Section relates to a reassessment of an ori- ginal decision, then by necessary implication, it would include a power to fix an operative date back to the date of the making of the original Award if the circumstances required it, and this without praying in aid—section 20 (1) (j). The stricture specified in section 18 (5) does not apply in the instant case, for strictly speaking, this is not an application under section 17 (application to vary award) but proceedings under section 27 (2) (b)—a referral for a review pursuant to the Arbi- trator's direction, and papers purporting to set the review in motion were in the Arbitrator's hands at the time of the National Wage Case. I distinguish the authorities referred to by Mr Payne. The Federal authorities refer to the formu- lation of a "policy" against granting retrospectivity in National Wage Cases and by no stretch of the im- agination can they be likened to the instant case. The other two cases were decided upon the basis of hard- ship to employers and industrial merit, for example, there was granted an interim increase by consent in one of the cases (Merchant Service Guild of Australia v. B.P. (Australia) Limited and Others — Common- wealth Arbitration Reports, Claim No. 1625 of 1973, Volume 153, Page 510). In the present case, the six per cent was not paid upon an interim basis, it was a considered offer after the Board had examined the market and counted the cost. In those circumstances, I do not consider that the Association and its members should be penalised for opting for an Arbitral Hearing and presenting a bona fide case. I consider it just that the Board be now held to its offer, in the terms of its communi- cation of 9th July, 1982, and that the variation to rates be made retrospective to the first pay period commencing after that date. I shall now adjourn these proceedings so that the parties can prepare and speak to Minutes of an Order in the terms of this Judgment, varying the Award. J. M. FORREST, Public Service Arbitrator. 10th September, 1982. Western Australia. PUBLIC SERVICE ARBITRATION ACT 1966-1982. IN the matter of the Public Service (Administrative and Clerical Divisions) Salaries Award 1982, No. 1 of 1982 and in the matter of an Application To Review made by the Civil Service Association of Western Australia Incorporated pursuant to Clause 15 thereof. I hereby make the following Order pursuant to Section 27 (2) (b) of the Public Service Arbitration Act 1966-1982. PUBLIC SERVICE (ADMINISTRATIVE AND CLERICAL DIVISIONS) SALARIES AWARD 1982. No. 1 of 1982. Amendment No. 10 of 1982. THE Public Service (Administrative and Clerical Divisions) Salaries Award 1982, No. 1 of 1982 be varied in accordance with the following Schedule, with effect from and including the 16th day of July, 1982. Schedule. 1. Clause 6—Rescind the existing clause and insert in lieu thereof the following:— 6.—Administrative Division Offices. The annual salaries applicable to offices within the Administrative Division shall be as follows:— Class $ 1 31 752 2 33 242 3 34 733 4 36 222 5 37 698 6 39 187 7 41693 8 43 508 9 45 327 1 1 2. Clause 7—Rescind the existing subclause (a) of Clause 7 and insert in lieu thereof the following:— (a) The annual salaries applicable to offices within Group II shall be as follows:— Inter- Minimum mediate Maximum Uass $ $ $ 1 15 845 — 16 401 2 16 946 — 17 491 3 18 086 — 18 690 4 19 319 — 19 963 5 20 603 — 21 246 6 21924 — 22 612 7 23 290 23 980 24 659 8 25 348 — 26 027 9 26 755 — 27 479 1 1 2660 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. 3. Clause 8—Rescind the existing subclause (a) of Clause 8 and insert in lieu thereof the following:— (a) The annual salaries applicable to offices within Group III shall be as follows:— Minimum Maximum Class $ $ 1 — 13 854 2 14 369 14 713 3 15 357 15 734 4 16 378 16 811 5 17 359 17 890 6 18 451 18 960 4. Clause 9—Rescind the existing subclause (a) of Clause 9 and insert in lieu thereof the following:— (a) The annual salaries applicable to offices within Group IV shall be as follows:— Age or Year of Adult Service $ Under 17 years 6 454 17 years 7 542 18 years 8 796 19 years 10182 20 years 11434 21 years or first year of adult service 12 561 22 years or second year of adult service 13 035 23 years or third year of adult service 13 507 24 years or fourth year of adult service 13 979 25 years or fifth year of adult service 14 453 26 years or sixth year of adult service 14 925 27 years or seventh year of adult service 15 468 5. Clause 10—Rescind the existing subclause (a) of Clause 10 and insert in lieu thereof the following:— (a) The annual salaries applicable to offices within Group V shall be as follows:— Age or Year of Adult Service $ Under 17 years 6 264 17 years 7 171 18 years 8 366 19 years 9 583 20 years 10 835 21 years or first year of adult service 11962 22 years or second year of adult service 12 436 23 years or third year of adult service 12 908 24 years or fourth year of adult service 13 380 6. Clause 11—Rescind the existing subclause (a) of Clause 11 and insert in lieu thereof the following:— (a) The annual salaries applicable to offices within Group VI shall be as follows:— Age or Year of Adult Service $ 15 years 5 443 16 years 6 036 17 years 6 674 18 years 7 786 19 years 9 018 20 years 10128 21 years or first year of adult service 11122 22 years or second year of adult service 11518 23 years or third year of adult service 11925 24 years or fourth year of adult service 12 319 Dated at Perth this 10th day of September, 1982. J. M. FORREST, Public Service Arbitrator. Award No. 62 of 1955. BEFORE THE WESTERN AUSTRALIAN COAL INDUSTRY TRIBUNAL. Held at Collie on the 15th day of September, 1982 Between, Application 11 of 1981, The Australian Collieries' Staff Association, Industrial Union of Workers, W.A. Branch, Collie, Applicant and Western Collieries Ltd and The Griffin Coal Mining Company Ltd. Respondents. In the matter of: An application to amend the Colliery Staffs' Award 1968 by inserting into Division D of Clause 5.—Wages, a new classifi- cation, "Junior Trainees". Decision of the Tribunal. THE Tribunal has considered this matter which is an application to insert into Division D of the Colliery Staffs' Award a new classification entitled "Junior Trainees". The claim is for that classification to be paid on a basis which is in reality the same as that prescribed in Division D for junior clerks. In short, all that was put in support of the claim by Mr Pullan on behalf of the Association was that the companies of recent times were employing juniors as trainee managers and the like, and as such they ought to be covered by the Award. The Respondents do not question that there is constitutional coverage in the Association for individuals being trained and edu- cated as managers, but they say, firstly, that there is no case for them to answer since there was no ma- terial put before the Tribunal on which it could justifiably change the Award. Further, in any event they say that junior trainees are largely attending educational institutions under special arrangements with the companies, such that they are not employees in the normally accepted sense of the term, and on that basis we ought to reject the application. In the Tribunal's view this matter is simple, and, I think in view of what I said to Mr Pullan in the closing stages of the argument in these proceedings, the outcome is inevitable. There is simply insufficient information before us to enable the Tribunal to accede to the application. The position is as Mr Gillies has stated it; that simply because a union or association has constitutional coverage of certain classifications or types of workers or individ- uals, it does not follow automatically that it is en- titled to award coverage for those persons, (cf: In re Lime Quarrying and Manufacturing Award (1969) 49 W.A.I.G. 159.). Something of substance has to be put before us to justify the insertion of the additional classifications. It is not enough to simply say there are junior trainees working on the Collie Coalfield. What they do and the arrangements under which they do it at the very least have to be put before us, and that information is not before us. It may be that when that has been done the burden will shift to the Respondents to show why the additional classifi- cations should not be inserted, and in which event the considerations with respect to the educational role may be relevant. But the Applicant did not get to that stage. There was, for example, little to indi- cate whether or not they were in fact employees, and still less information as to the precise nature of their tasks. It follows from what I have said that the claim has to be dismissed; indeed, I doubt that there is any other alternative but for it to be dismissed on the in- formation adduced thus far. That is so, quite apart from any other consideration as to the nature of their educational role or otherwise. 27th October, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2661 Order. Having heard Mr C. F. Pullan on behalf of the Ap- plicant and Mr G. R. Gillies on behalf of the Respon- dents, the Tribunal doth hereby order— That the application be dismissed. Dated at Collie the 15th day of September, 1982. G. L. FIELDING, Chairman Western Australian Coal Industry Tribunal. COLLIERIES STAFFS. Award No. 62 of 1955. BEFORE THE WESTERN AUSTRALIAN COAL INDUSTRY TRIBUNAL. Held at Collie on the 15th day of September, 1982. Between Application 12 of 1982, The Australian Collieries' Staff Association, Industrial Union of Workers, WA Branch, Collie, Applicant, and Western Collieries Ltd and The Griffin Coal Mining Company Ltd, Respondents. In the matter of: An application to amend the Collier Staffs' Award 1968 to provide that each em- ployee shall be entitled to receive from his or her employer without charge two sets per year of in- dustrial outer clothing appropriate to their duties, on and from the commencement of pro- ductive operations in January, 1982. Decision of the Tribunal. THIS is an application brought by the Australian Collieries' Staff Association to amend the Colliery Staffs' Award 1968 to provide that "on and from the commencement of productive operations in January of 1982 each employee shall be entitled to receive from his or her employer without charge two sets of industrial outer clothing appropriate to their duties". The application is put on the basis that the Tribunal has of recent times acceded to applications in similar terms for other callings, in particular the miners, the deputies and the engineers, who work on the Collie Coalfield and who are covered by other Awards. As well, the application is supported by reference to what is said to have occurred in application 33 of 1982 before the Federal Coal Industry Tribunal, the result of which, we are led to believe, was that the Federal Tribunal allowed a claim of similar import to that which is now before this Tribunal. The Respondent companies do not oppose the ap- plication outright but they do say that the Award should be amended so as to provide that the clothing should be made available only to those who work on a mine site. In particular, it should not have to be pro- vided those who work in district and head offices. The companies say too that it should not apply to casual employees. The Tribunal has considered the matter and dis- cussed it at length. The other members of the Tribunal are evenly divided and it is therefore my opinion which prevails. My opinion, and therefore that of the Tribunal, is that the application should be acceded to only to the extent of applying to em- ployees who principally work on a mine site or who frequently visit a mine site in the course of their duties, and as well that the provision should not apply to casual employees. As far as casual employees are concerned, there is a good deal of substance in what Mr Gillies has said in that it is hardly just for somebody who is liable to work for a very short period of time to thereby become entitled to clothing which the import of the amendment suggests should last at least for a year. I think there is little to be said, and little was said, to support the proposition that casual employees should be entitled to receive from their employer clothing of the nature sought in this application. As far as the other limitation is concerned, the ma- jority take the view that the basis for the need for clothing of this nature is really a combination of dirt and safety factors. Those considerations cannot really be said sensibly or with any force to apply to clerical staff and others who are limited to purely office work such as one might expect in district and head offices, and other offices for that matter, re- moved from the mine site. From time to time such office staff may visit a mine site as part of their work, but I cannot think that factor alone justifies this clothing claim. For those reasons the Tribunal has determined that the Colliery Staffs' Award should be amended to read: On and from the commencement of pro- duction in 1982, each employee principally work- ing on a mine site or who frequently visits a mine site as part of his or her duties other than a cas- ual employee shall be entitled to receive free of charge two sets per year of industrial outer cloth- ing appropriate to their duties. Although it seems that a claim in similar terms was acceded to by the Federal Coal Industry Tribunal in May of this year (application 99 of 1981; CR Print 3046), it was done by consent and no mention was made of the circumstances giving rise to that consent. In any event, in matters of this nature, it is not enough to simply rely on happenings elsewhere, par- ticularly as the workplaces differ. We recognise that from time to time there may be practical problems in the implementation of that provision. Whether an employee falls within the de- scription of "principally working on a mine site" or visits frequently enough to justify entitlement will no doubt in particular instances cause trouble from time to time. If that question cannot be resolved then it will have to be resolved by the Tribunal after hearing the facts in each case. Order. Having heard Mr C. F. Pullan on behalf of the Ap- plicant and Mr G. R. Gillies on behalf of the Respon- dents, the Tribunal doth hereby award, order and prescribe: That the Colliery Staffs' Award 1968 as amended and consolidated be further amended by inserting immediately following Clause 5.—Wages, a new Clause 5A.—Working Clothes, in the following terms:— 5A.—Working Clothes. On and from the commencement of pro- duction in 1982, each employee principally working on a mine site or who frequently visits a mine site as part of his or her duties other than a casual employee shall be en- titled to receive free of charge two sets per year of industrial outer clothing appropriate to their duties. Dated at Collie the 15th day of September, 1982. G. L. FIELDING, Chairman, Western Australian Coal Industry Tribunal WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1982. Award No. 62 of 1955. BEFORE THE WESTERN AUSTRALIAN COAL INDUSTRY TRIBUNAL Held at Collie on the 15th day of September, 1982. Between, Applications 19 and 20 of 1982, The Aus- tralian Collieries' Staff Association, Industrial Union of Workers, W.A. Branch, Collie, Appli- cant, and Western Collieries Ltd and The Griffin Coal Mining Company Ltd, Respondents. In the matter of: Application 19 of 1982. An application to increase the rates of pay for the classifications specified in Divisions B and C of Clause 5 (b).—Wages, of the Colliery Staffs' Award 1968 by $14 per week, and the rates of pay for the classifications specified in Division A by $18.20 per week, and the rates of pay for the classifications specified in Division D by the pre- scribed percentage of $14 per week. Application 20 of 1982. An application to increase certain of the special payments prescribed under the Colliery Staffs' Award 1968 by 4.67 per cent. Decision of the Tribunal APPLICATION 19 of 1982 seeks to amend the Colliery Staffs' Award to increase the rates of pay for all classifications in Division A of Clause 5 by the sum of $18.20, for all classifications in Divisions B and C by the sum of $14 per week, and for all classifi- cations in Division D by the stipulated percentages which follow from the adjustments to Division B. Ap- plication 20 of 1982 seeks to increase the various special rates in the Award by 4.67 per cent. Earlier this day, the Tribunal has made similar ad- justments to Awards affecting other employees on the Collie Coalfield, and that happening is in essence the basis of the applications. As yet, there has appar- ently not been a similar adjustment to the corre- sponding awards in the Eastern States. In any event, the Respondents have consented to the amendments and to their operating with effect on and from 11th July last. That consent is made on the basis that should any adjustments follow in the Eastern States different from the adjustments which they have con- sented to on this occasion, the companies reserve their position in respect of the future. Furthermore, their consent is conditional on the various time limits as to future claims which apply in respect of the other awards on the Coalfield, all of which conditions Mr Pullan has sensibly indicated the Applicant Union is aware of and acknowledges. In the circumstances, by consent, the Tribunal or- ders that the Award be amended in accordance with both the applications. As with the other matters the amendments will operate by consent with effect from 11th July, 1982. Order. Having heard Mr C. F. Pullan on behalf of the Ap- plicant and Mr G. R. Gillies on behalf of the Respon- dents, the Tribunal, by consent, doth hereby award, order and prescribe: Application 19 of 1982. That the Colliery Staffs' Award 1968 as amended and consolidated be further amended in Clause 5 (b).—Wages, by deleting the existing rates in Columns 1 to 26 and substituting there- fore the rates as set out in the following Schedule "A", with effect on and from 11th July, 1982. Column 1 Number Schedule "A". Clause 5 (b)—Wages. Column 2 Classification Column 3. Total rate Division A 1. Undermanager (a) At mines producing less than 300 tons per day 472.45 (b) All others 487.83 1A. Undermanager in charge 560.89 2. Open Cut Overseer 472.45 3. Engineer/Electrician 481.75 3A. Engineer/Electrician in Charge 552.00 4. Engineer 481.75 4A. Engineer in Charge 552.00 5. Electrician 481.75 5A. Electrician in Charge 552.00 6. General Surface Foreman as now em- ployed 452.91 7. Mine Surveyor 469.44 8. Chief Clerk 465.39 9. Stores Control and Purchasing Officer . 465.39 10. Clerk in charge of Payroll 462.81 11. Plant Instructor 472.45 12. Draughtsman 463.66 13. Accountant No Rate 14. Chief Surveyor No Rate 15. Chief Mechanical or Electrical Engin- eer No Rate 16. Geologist No Rate 17. Maintenance Superintendent No Rate 18. Maintenance Inspector 481.75 19. (i) Data Processing Supervisor No Rate (ii) Senior Programmer 462.21 (iii) Programmer 454.02 (iv) Operator during 1st Year 409.49 (v) Operator during 2nd Year 418.97 (vi) Operator during 3rd Year 428.42 (vii) Operator thereafter 438.28 Division B. 20. Screen and surface Overseer 355.66 20A. Screen and surface Overseer (W. Banks as now app.) 362.24 21. Senior Clerk (Clerk in Charge) 362.24 22. Adult Male Clerk and Surveyor Assistant— 1st year of service as adult 340.64 2nd year of service as adult 349.00 3rd year of service as adult 355.66 23. Storeman (duties to include clerical work) 1st year of service as adult 340.64 2nd year of service as adult 349.00 3rd year of service as adult 355.66 Division C. 24. Adult Female (Payroll Ledger machine operator performing clerical work)— 1st year of adult service 344.16 2nd year of adult service 349.00 3rd year of adult service 355.66 25. Adult Female Clerk 340.64 Division D. 26. Junior Clerk— Of 1st year adult rate % Under 17 years of age 52 From 17 to 18 years of age 61 From 18 to 19 years of age 71 From 19 to 20 years of age 82 From 20 to 21 years of age 92 340.64 177.13 207.79 241.85 279.32 313.39 27thOctober, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2663 Application 20 of 1982. That the Colliery Staffs' award 1968 as amended and consolidated be further amended in Clause 5.—Wages, in Column Number 28 of subclause (b) by deleting the amounts $5.63 and $7.61 and inserting the amounts $5.89 and $7.97 respectively, in Column Number 30 of subclause (b) by deleting the amount $1.14 and inserting the amount $1.19; and in Clause 9.—Overtime, in subclause (vi) by deleting the amount $3.65 and inserting the amount $3.82, with effect on and from 11th July, 1982. Dated at Collie the 15th day of September, 1982. G. L. FIELDING, Chairman, Western Australian Coal Industry Tribunal. Award No. 19 of 1954. Award No. 4 of 1953. BEFORE THE WESTERN AUSTRALIAN COAL INDUSTRY TRIBUNAL. Held at Collie on the 15th day of September, 1982. Between: Applications 15 and 16 of 1982. The Coal Miners' Industrial Union of Workers of Western Australia, Collie, Applicant, and West- ern Collieries Ltd and The Griffin Coal Mining Company Ltd, Respondents. Applications 17 and 18 of 1982. The Collie District Deputies Union of Workers, Applicant and Western Collieries Ltd and The Griffin Coal Mining Company Ltd, Respondents. In the matter of: Application 15 of 1982. An application to increase the rates of pay pre- scribed under Clause 6 of the Coal Mining In- dustry (Miners' Western Australia) Award 1981 for all adult classifications by $14.00 per week, and to make consequential adjustments to the rates of pay for junior workers. Application 16 of 1982. An application to increase certain of the special payments prescribed by the Coal Mining Industry (Miners' Western Australia) Award 1981 by 4.6, per cent. Application 17 of 1982. An application to increase the rates of pay pre- scribed under Clause 9 (b) of the Collie Deputies Award 1954 by $14.00 per week. Application 18 of 1982. An application to increase certain of the special payments prescribed by the Collie Depu- ties Award 1954 by 4.67 per cent. Decision of the Tribunal. THESE are applications to amend the Awards af- fecting the employment of miners and those associ- ated therewith and deputies working on the Collie Coalfield. The applications seek to increase the wage rate by $14.00 per week, with consequential ad- justments for junior workers. They similarly seek also to increase the special allowances by the equivalent of 4.67 per cent. The claims are based on changes made to the relevant awards applying in the Eastern States by the Federal Coal Industry Tribunal on or about 1st July last. The Respondent companies con- sent to the applications on the same terms as they did in applications 13 and 14 of 1982 which have re- cently been disposed of by this Tribunal. The Appli- cants' advocate has indicated that in respect of both the deputies and the miners, they are prepared to recognise the conditions with respect to future claims which were attached to the adjustments recently made in the Eastern States. In the circumstances, the Tribunal is at one that the Awards should be amended in the way sought. In the case of each of the Awards orders will issue reflecting the adjustments sought in the applications, and, by agreement, with effect on and from 11th July, 1982. Order. Having heard Mr J. Borlini on behalf of the Appli- cants and Mr G. R. Gillies on behalf of the Respon- dents, the Tribunal, by consent, doth hereby Award, order and prescribe: Application 15 of 1982. That the Coal Mining Industry (Miners' West- ern Australia) Consolidated Award 1981 as amended be further amended in Clause 6 (b).—Rages of Wages, by deleting the existing rates and substituting therefor the rates as set out in the following Schedule "A", with effect on and from 11th July, 1982. Schedule "A". Clause 6 (b)—Wages. Column 1 Column 2 No. Classification 1. Mine timber cutter 2. Prospect surface driller 3. Surface Hand—General Duties (includes all general employees, store truck drivers (including truck fitted with self loading crane hoist attach- ment), motor truck drivers to 20 tons, crane driver not exceeding lifting ca- pacity five tons and drivers of miscel- laneous equipment) 4. Underground Shiftman—General Duties Open Cut Borer Shotfirer Lubricator Ancillary Earth Moving Equipment at Deep Mine 5. Motor Truck Drivers of over 20 tons but not exceeding 50 tons Bulldozer Driver Grader Drivers 6. Pumper (Deep Mine) 7. Motor Truck Drivers of 50 tons but not exceeding 100 tons Scraper—Loader Drivers Front End Loader Driver exceeding 7.6 metres Composite Miner Unrestricted Crane Driver Winding Engine Drivers 8. Motor Truck Drivers of over 100 tons but not exceeding 110 tons Navvy Drivers 9. Provided that special rates shall be fixed to apply to vehicles over 110 tons. Column 3 Total rate $ 335.32 330.72 325.58 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27th October, 1985 1 Column 2 week No. Classification $ 10. Contract Timber Cutters' Rates (Weekly Basis) Each 2.7 m Split 88.76 Each 3.0 m Split 98.22 Each 3.0 m Slabs 177.14 Each 2.7 m Round 141.70 Each 3.0 m Round 188.94 Each Sleeper 54.09 Lids per hundred 944.80 11. Junior Employees: Employees under the age of 19 years shall be paid the fol- lowing rates per shift of seven hours. Under 16 years of age 155.50 16 to 17 years of age 179.20 17 to 18 years of age 198.40 18 to 19 years of age 223.60 Nineteen years of age and over to be paid adult rates for the work being performed. No junior shall bring wagons from the dead end to the screens unless under direction and control of the screenman. No youth under the age of 15 years shall be employed underground. Application 16 of 1982. That the Coal Mining Industry (Miners' West- ern Australia) Consolidated Award 1981 as amended be further amended in Clause 6.—Rates of Wages, in subclause (e) by deleting the amounts $5.63 and $7.61 and inserting the amounts $5.89 and $7.97 respectively, in subclause (h) by deleting the amount $8.94 and inserting the amount $9.36, in subclause (i) by- deleting the amount $3.58 and inserting the amount $3.75; in Clause 9.—Overtime, in subclause (c) by deleting the amount $3.65 and inserting the amount $3.82; in Clause 16.—Payment for Wet Work, by deleting the amount $1.14 and inserting the amount $1.19; and in Clause 27.—Sanitary Attention, by deleting the amounts of 40 cents, 80 cents and 90 cents and inserting the amounts 42 cents, 84 cents and 94 cents respectively, with effect on and from 11th July, 1982. Application 17 of 1982. That the Collie Deputies Award 1968 as amended and consolidated be further amended in Clause 9.—Rates of Pay, in subclause (b) by deleting the amounts of $367.80 and $361.03 in subparagraphs (i) and (ii) and substituting therefor the amounts of $381.80 and $375.03 re- spectively, with effect on and from 11th July, 1982. Application 18 of 1982. That the Collie Deputies Award 1968 as amended and consolidated be further amended in Clause 9.—Rates of Pay, in subclause (d) by deleting the amount $1.06 and inserting the amount $1.11, in subclause (e) by deleting the amount $1.14 and inserting the amount $1.19, in subclause (f) by deleting the amount 72 cents and inserting the amount 75 cents, in subclause (j) by deleting the amount $5.63 and inserting the amount $5.89; and in Clause 13.—Overtime, subclause (b) by deleting the amount $3.65 and inserting the amount $3.82, with effect on and from 11th July, 1982. Dated at Collie the 15th day of September, 1982. G. L. FIELDING, Chairman Western Australian Coal Industry Tribunal. Award No. 1 of 1953. BEFORE THE WESTERN AUSTRALIAN COAL INDUSTRY TRIBUNAL. Held at Collie on the 15th day of September, 1982. Between: Applications 13 and 14 of 1982. Amalgamated Metal Workers' and Shipwrights' Union of Western Australia and The Aus- tralasian Society of Engineers, Moulders and Foundry Workers Industrial Union of Workers, Western Australian Branch Applicants and Western Collieries Ltd and The Griffin Coal Mining Company Ltd, Respondents. In the matter of: Application 13 of 1982. An application to increase the rates of pay pre- scribed under Clause 6 (a) (i) of the Engineers' Coal Mining Award 1953 for all adult classifi- cations by $14 per week, and the rates of pay for apprentices prescribed by Clause 23 (d) by the relevant percentage of the adjusted tradesman's rate. Application 14 of 1982. An application to increase certain of the special payments prescribed under the Engin- eers' Coal Mining Award 1953 by 4.67 per cent. Decision of the Tribunal. THESE are applications to amend the Engineers' Coal Mining Award 1953 in Clauses 6, 7, 11 and 23 consequent upon adjustments which information be- fore this Tribunal suggests have been made to awards covering workers in similar classifications on the coal fields on the eastern seaboard of the country. In short, they are claims to increase all the adult rates of pay by $14 per week with consequential adjustments for apprentices, and to increase the special allow- ances by 4.67 per cent. The applications are made on the basis of what has now come to be recognised as an established nexus with the wages and allowances de- termined by the Federal Coal Industry Tribunal. Mr Gillies for the Respondent companies has indicated that they are prepared to consent to the applications on this occasion. The consent is on the basis that the same conditions with respect to the lodgement of future claims which apply interstate are to apply to claims which might be made in this Tribunal. Mr Marks for the unions has indicated that he accepts that those conditions are to apply in this State on that basis. The Tribunal in the circumstances is prepared to give effect to the parties' agreement. Each of the clauses in question in the Award will be amended to accord with both the applications, and, as the parties agree, with effect on and from 11th July, 1982. 27th October, 1982.1 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. Order. Having heard Mr A. J. Marks on behalf of the Ap- plicants and Mr G. R. Gillies on behalf of the Re- spondents, the Tribunal, by consent, doth hereby award, order and prescribe: Application 13 of 1982. That the Engineers' Coal Mining Award 1953 as amended and consolidated be further amended in Clause 6 (a) (i).—Wages and Clause 23 (d) (i).—Apprentices, by deleting the existing rates and substituting therefor the rates as set out in the following Schedule "A", with effect on and from 11th July, 1982. Schedule "A". 1. Clause 6.— Wages. (a) (i) The minimum total rate per week for adult workers and tradesmen shall be:— Column 3 total rate per Column Column week 1 2 $ Number Classification 1. Blacksmith, welder 353.49 2. Fitter, Turner, Machinist, Motor Mechanic, Automotive Electrician 353.49 3. Electrical Fitter 353.49 4. Millwright 353.49 5. Trades Assistant 325.58 6. Experienced Tradesman The award wage for the particu- lar trade plus $12.40 7. Tyre Fitter 337.24 8. Linesman on commencement 337.24 Linesman after three years' service in the industry 341.15 9. Refrigeration Mechanic 353.49 2. Clause 23.—Apprentices. (d) The rates of wages for apprentices shall be the undermentioned percentage rates of a tradesman prescribed in this award; i.e. $353.49. (i) Five Year Term % $ First year 40 141.40 Second year 48 169.68 Third year 55 194.42 Fourth year 75 265.12 Fifth year 88 311.07 Four Year Term First year 42 148.47 Second year 55 194.42 Third year 75 265.12 Fourth year 88 311.07 Three Y Tear Term First year 55 194.42 Second year 75 265.12 Third year 88 311.07 Application 14 of 1982. That the Engineers' Coal Mining Award 1953 as amended and consolidated be further amended in Clause 7.—Special Rates and Pro- visions, in subclause (a) (i) by deleting the amount $1.14 and inserting the amount $1.19, in subclause (a) (iii) by deleting the amount $1.06 and inserting the amount of $1.11, in subclause (b) by deleting the amounts $3.70 and 74 cents and inserting the amounts $3.90 and 78 cents re- spectively, in subclause (e) by deleting the amount 36 cents and inserting the amount 38 cents, in subclause (f) (i) by deleting the amount $7.61 and inserting the amount $7.61 and in- serting the amount $7.97, and in subclause (f) (ii) by deleting the amount $5.63 and inserting the amount $5.89; and in Clause 11.—Overtime, in subclause (h), by deleting the amount $3.65 and inserting the amount $3.82, with effect on and from 11th July, 1982. Dated at Collie the 15 day of September, 1982. G. L. FIELDING, Chairman, Western Australian Coal Industry Tribunal. IE MUSICIANS' UNION OF AUSTRf Application to Alter the Qualification of Persons for Membership of a Union. No. 847 of 1982. NOTICE is given that application has been made to the Full Bench under the Industrial Arbitration Act, 1979 for the substitution of a new set of rules for The Musicians' Union of -Australia, Perth Branch, Union of Workers. The proposed substituted set of rules includes an alteration to the Constitution of the Union. The alteration sought is as follows:— 2.—Constitution. (a) The Union shall be composed of an unlimi- ted number of employees employed in or in connection with, including musical sounds by any means in connection therewith, or in or about, any kind of musical presentation, whether indoor or outdoor, including an un- limited number of members, who are pro- fessional instrumental performers, and any other persons who receive remuneration for musical services, i.e. any type of service other than services of an administrative or clerical nature carried out by a person, which is directly connected with live music, musicians or the production of musical sound, such as Librarians looking after music and/or records in connection with a band or orchestra of professional per- formers, Arrangers and Copyists of music, Composers of music, Singers, Vocalist who regularly sings as an integral part of a band, 2666 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [27thOctober, 1982. Conductors or Instrumentalists, Conductors of singers, Musical Producer, Musical Co- ordinator, Balancing Officer of Music or a Musical Sound Mixer employed as an integral part of a band or orchestra or pro- fessional performers. (b) The Industry in connection with which the Union is registered is the Musicians' and Entertainment Industry. This matter shall not be listed for hearing before the Full Bench until after the expiration of 30 days from the date of the issue of the Industrial Gazette in which this notice is published. A copy of the registered rules and of the proposed amendment may be inspected at my office, 815 Hay Street, Perth. Any union registered under the Industrial Arbi- tration Act, 1979 or any person who satisfies the Full Bench that he has a sufficient interest, who desires to object to the application may do so by filing a notice of objection in accordance with regulation 23 of the Industrial Commission Regulations, 1980. T. J. POPE, Deputy Registrar. w Sub-Part 5 WEDNESDAY, 24th NOVEMBER, 1982 Vol. 62—Part 2 FULL BENCH— Appeals Against Decision of Commission— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION No. 777 of 1982. Between The Cleaning, Security and Allied Em- ployees Union, Appellant and Zoological Gardens Board, Respondent. No. 779 of 1982. Between The Cleaning, Security and Allied Em- ployees Union, Appellant and Hon. Minister for Education, Respondent. No. 781 of 1982. Between The Cleaning, Security and Allied Em- ployees Union, Appellant and Hon. Minister for Works, Respondent. No. 783 of 1982. Between The Cleaning, Security and Allied Em- ployees Union, Appellant and Hon. Minister for Agriculture, Respondent. Before the Full Bench. His Honour The President D. J. O'Dea. Senior Commissioner D. E. Cort. Commissioner G. G. Halliwell. The 29th day of October, 1982. M/s J. P. O'Keefe on behalf of the appellant. Mr P. J. Kelly on behalf of the respondents. Reasons for Decision. THE PRESIDENT: This is the unanimous decision of the Full Bench. This matter concerns appeals against a decision of Commissioner G. L. Fielding in relation to four applications seeking increases in rates of pay for classifications under a number of awards agreed by the parties to bear a nexus with rates of pay prescribed under the Cleaners and Care- takers (Government) Award for all but the transport classifications and in respect of those with rates of pay prescribed in the Transport Workers 22201—1 (Government) Award. The rates of pay in the Government awards were by order increased on the 10th August, 1982 effective from the 7th July, 1982 and on the 18th June, 1982 effective from the 1st April, 1982, respectively. The Cleaning, Security and Allied Employees Union brings the appeals on the following grounds:— 1. That the Commissioner erred in failing to prescribe the same operative date as iliat determined by the Commission in the recog- nised parent award. 2. The Commissioner failed to give appropri- ate weight to the more recent actions of the parties in fixing the operative date for workers covered by the award. 3. The Commissioner failed to determine the matter according to equity, good corftcience and the substantial merits of the case. In Hospital Salaried Officers Association of West- ern Australia (Union of Workers) v. Association for the Blind of W.A. Inc. and Others (62 W.A.I.G. 2080 the Full Bench of the Commission dealt with a number of the principles applicable to the determi- nation of operative date and the matter of appeal against the exercise of the discretion to order it. In that case it was recognised that where there was a clearly defined nexus amounting to a special circum- stance the respondents not having been party to the proceedings for negotiations leading to the variation of the parent award were entitled to a reasonable time to arrange their affairs to accommodate an in- creased burden the extent of which was unknown to them until the final claims reflecting a nexus were crystalised and served upon them (and see also the Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth v. The State Energy Commission of Western Australia (not yet re- ported)). In the present matter, in the case of the non- transport classifications, the extent to which the parent award was to be varied was not known until reasons for decision were delivered on the 21st July, 1982 and it is difficult to see how it could be argued as a matter of principle for an operative date earlier than the 28th July which for quite different reasons was the date fixed by the Commission in its order. 2698 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. The appeals numbered 777 to 1982, 779 of 1982 and 783 of 1982 and that part of appeal numbered 781 of 1982 which relates to non-transport classifi- cations are dismissed. In relation to the transport classifications the de- cision of the Full Bench in the Hospital Salaried Officers Case, which was delivered subsequent to the judgment of the Commission in the matter under ap- peal, would support the view that those rates should be effective from about the date of variation of the parent award which was the 18th June, 1982. That is unless there be countervailing circumstances. The circumstances mentioned in the reasons for decision really go to the non-transport classifications and it is clear that the union did not "keep its options open" with respect to the transport classifications. In the light of the decision of the Full Bench in the Hos- pital Salaried Officers Case, which interfered with the discretion then exercised by the Commission, the only consideration to bring about a date of operation other than one around the 18th June, 1982 was the date from which the increases for non-transport classifications were to operate. However it would be unfair for that consideration to outweigh the concept developed by the Full Bench. Appeal No. 781 of 1982 is upheld in part and in view of the date from which other rates in the rel- evant award will operate an Order will issue to allow the transport classifications the wage increase from the beginning of the first pay period to commence on or after the 25th June, 1982. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 777 of 1982. Between The Cleaning, Security and Allied Em- ployees Union Appellant, and Zoological Gardens Board, Respondent. No. 779 of 1982. Between The Cleaning, Security and Allied Em- ployees Union Appellant, and Hon. Minister for* Education, Respondent. No. 781 of 1982. Between The Cleaning, Security and Allied Em- ployees Union Appellant, and Hon. Minister for Works, Respondent. No. 783 of 1982. Between The Cleaning, Security and Allied Em- ployees Union Appellant, and Hon. Minister for Agriculture, Respondent. Before the Full Bench. His Honour the President D. J. O'Dea. Senior Commissioner D. E. Cort. Commissioner G. G. Hallivvell. Order. THESE matters having come on for hearing before the Full Bench on the 18th day of October, 1982 and having heard Ms. J. P. O'Keefe on behalf of the appellant union and Mr. P. J. Kelly on behalf of the respondents and the Full Bench having reserved judgement on the matter and judgement being de- livered on the 29th day of October, 1982 wherein the Full Bench unanimously upheld Appeal No. 781 of 1982 in part and, in all other respects, dismissed that appeal and the remainder of the appeals, and gave reasons therefor, it is this day, the 29th day of October, 1982 ordered that:— 1. Appeal No. 781 of 1982 be upheld in part; and 2. That part of the decision of the Commission dated the 27th day of August, 1982 given in matter No. 904 of 1981 which prescribes rates of wages for employees in transport classifications employed subject to the Mowing and Gardening Services (Public Works Department) Award No. 30 of 1969 be varied to provide that those rates shall take effect as from the beginning of the first pay period commencing on or after the 25th day of June, 1982; and 3. Appeals Nod. 777, 779 and 783 of 1982, together with the remainder of Appeal No. 781 of 1982, be dismissed. [L.S.] By the Full Bench, (Sgd.) D. J. O'DEA, President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 694 of 1982. Between Cliffs Robe River Iron Associates Appellant and Electrical Trades Union of Workers of Aus- tralia (Western Australian Branch), Perth, Re- spondent. Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner G. G. Halliwell. The 10th day of September, 1982. Mr L. A. Jackson (of Counsel) on behalf of the appellant. Mr A. R. Beech on behalf of the respondent. Reasons for Decision. THE PRESIDENT: This is the decision of the Full Bench regarding a question which arose at the threshold of proceedings in this appeal and was re- served for decision. On the 11th September, 1981, Cliffs Robe River Iron Associates (the appellant) issued stand down or- ders to members of the Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth (the respondent) employed by it at Cape Lambert and Pannawonica. A conference held by Commissioner B. J. Collier on the 2nd October, 1981 failed to settle a question involving the respondent's claim, which the appellant disputed, that no payment should have been deducted from the employees con- cerned as they could have been usefully employed. In consequence the matter was referred to the Com- mission, constituted in the same way and was heard and determined and an order issued on the 20th July, 1982, which in its operative part provided:— That members of the Electrical Trades Union employed by Cliffs Robe River Iron Associates who were stood down by the company on 11th September, 1981 and on 23rd September, 1981 be paid as for eighty ordinary hours work at the base weekly rate of pay plus service pay. The appellant brought this appeal on grounds which in substance challenged the Commissioner's conclusion that "useful work could have been made available". However at the outset of argument a view was expressed by a member of the Full Bench as to the true construction of a provision in the relevant award and as to the consequences including the course which the initial proceedings took before the Commission. The provision concerned is part of the 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2697 Cliffs Robe River Iron Associates Iron Ore Pro- duction and Processing Agreement, 1979 and it em- powers the employer to stand down employees and make deduction from pay and it sets out the method of determining the amount of the deductions. It is in- cluded in clause 6—Contract of Employment which provides for one week's notice on either side for ter- mination of the contract of employment and ensures work for an employee on a weekly basis or payment for his attendance at the employer's place of business. The relevant provision qualifies that right. It is subclause (7) and is in these terms:— (a) Subject to the provisions of this subclause, the employer may deduct payment for any day or portion of a day during which a worker cannot be usefully employed because of any break-down of machinery or other oc- currence or event for which the employer cannot reasonably be held responsible. (b) The payment which may be deducted pur- suant to paragraph (a) is that which is agreed between the employer and the union or unions concerned or which, in the event of disagreement, is determined by the Com- mission. (c) A worker who, pursuant to the provisions of this subclause, is stood down at or within four hours after the time of commencement of his shift without having been given notice of that stand-down at least four hours prior to that time shall be paid for the first four hours of that shift notwithstanding any other provisions elsewhere in this Agree- ment. Submissions were invited from and were made by the parties to the appeal as to the true construction of subclause (7) (a) and (b). The question was then re- served for consideration and the appeal adjourned to a date to be fixed. After consideration of the submissions and exam- ination of the subclause we have concluded that what it plainly means is that the employer may make a de- duction of pay for each day or part of a day when an employee cannot be usefully employed, but before he does so he must ascertain the amount he may deduct by agreeement with the union or by determination of the Commission. If that be the correct construction and if, as we have been told, deductions of pay had already been made, then the proceedings before Mr Commissioner Collier relating to a claim by the union "that no pay- ment shold have been deducted from the employees concerned as they could have been usefully em- ployed", was concerned with facts which related to a breach of the award, proceedings in respect of which are to be instituted before an Industrial Magistrate and not otherwise (SS.82, 83). It was not a matter in respect of which there was anything upon which the Commission could adjudicate, the matter of deduc- tion being determined by force of the award. The order made on the 20th July, 1982, in so far as it re- lates to an adjudication by the Commission of the payment which may be deducted is at odds with subclause (7)(b) as we construe it and in our opinion that order should be quashed. The construction which we place upon subclause (7) appears to us to dispose of this appeal. We are therefore of opinion that it is appropriate, without proceeding further, to uphold the appeal on the ground that the proceedings from which the decision arose were incompetent and to quash the Com- mission's order. However should either of the parties indicate, within seven days, a desire to be heard as to this course an opportunity to be heard will be afforded. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 694 of 1982. Between Cliffs Robe River Iron Associates Appellant, and Electrical Trades Union of Workers of Aus- tralia (Western Australian Branch), Perth, Re- spondent. Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner G. G. Halliwell. The 28th day of October, 1982. Supplementary Reasons for Decision. THE PRESIDENT: In accordance with the reasons for decision of the Full Bench dated 10th September, 1982, the appellant, by letter dated 16th September, 1982, advised that it wished to avail itself of the op- portunity to be further heard in relation to the ap- peal. We have listened and considered sympathetically the proposition put by the appellant, to which the re- spondent had no objection. However, the decision that was reached, for the reasons expressed in the reasons dated 10th September, 1982, was that it was our finding that the decision of the Commission below was incompetent and the decision taken to quash the order. Nothing we have heard has led us to resile from that position. That being the case, it would be quite inappropriate and inconsistent to do other than quash the order. It would certainly be so if we fol- lowed the course that has been recommended by the appellant. So we propose that the order be quashed. It should be said, perhaps, that before further pro- ceedings are taken—if they are taken—in respect of the issue of stand down, it would be necessary in our view, expressed as an aside, that the provisions of the award at that time be complied with. The Full Bench will now issue an order upholding the appeal and quashing the decision of the Com- mission given on the 20th day of July, 1982 in matter No. CR495of 1981. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 694 of 1982. Between Cliffs Robe River Iron Associates, Appellant, and Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth, Respondent. Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner G. G. Halliwell. Order. THIS matter having come on for hearing before the Full Bench on the 2nd day of September, 1982 and having heard Mr L. A. Jackson (of Counsel) on behalf of the appellant and Mr A. R. Beech on behalf of the respondent and the Full Bench having reserved judgement on the matter and judgment being de- livered on the 10th day of September, 1982 wherein the Full Bench unanimously found that the appeal should be upheld on the ground that the proceedings from which the decision of the Commission arose were incompetent and the parties, by their respective 2698 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. representatives, having been afforded the oppor- tunity to be heard in relation to that finding, it is this day, the 28th day of October, 1982 ordered that:— 1. The appeal be upheld; and 2. The decision of the Commission given on the 20th day of July, 1982 in matter No. CR495 of 1981 be quashed. By the Pull Bench, (Sgd.) D. J. O'DEA, [L.S.] President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 767 of 1982. Between Electrical Trades Union of Workers of Aus- tralia (Western Australian Branch), Perth, Appellant and the State Energy Commission of Western Australia, Respondent. Before the Full Bench. His Honour the President D. J. O'Dea. Senior Commissioner D. E. Cort. Commissioner G. L. Fielding. The 14th Day of October, 1982. Mr K. B. Gilbert on behalf of the appellant. Mr A. J. Marks on behalf of the Amalgamated Metal Workers and Shipwrights Union of Western Australia. Mr T. J. Cook on behalf of The Australasian So- ciety of Engineers, Moulders and Foundry Workers Industrial Union of Workers, Western Australian Branch. Mr T. Lemmon on behalf of the respondent. Reasons for Decision. THE PRESIDENT: The Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth (appellant); The Australasian Society of En- gineers, Moulders and Foundry Workers Industrial Union of Workers, Western Australian Branch (A.S.E.M.F.U.) and the Amalgamated Metal Workers and Shipwrights Union of Western Australia (A.M.W.S.U.) are unions party to the Engineering Trades (State Energy Commission) Award No. 1 of 1969 to which The State Energy Commission of Western Australia (respondent) is respondent. Upon the application of the A.S.E.M.F.U., to which pro- ceedings the appellant was an intervenor, an order was made by the Commission (Johnson C.) on the 26th August, 1982:— That the Engineering Trades (State Energy Commission) Award No. 1 of 1969 be varied in accordance with the following schedule and that such variation shall have effect as from the be- ginning of the first pay period commencing on or after the 16th day of August, 1982. The appellant was granted leave to bring this ap- peal against that part of the decision of the Com- mission to make the order effective from the begin- ning of the first pay period commencing on or after the 16th day of August, 1982. The grounds of appeal are as follows:— 1. The Commission placed insufficient weight upon the well established nexus between the Engineering (SEC) Award and the parent Award covering the S.E.C. in Victoria. 2. The Commission should have found that the said well established nexus amounts to a special circumstance as provided for in sec- tion 39 of the Act. 3. The Commission should have determined an Order of variation to operate from a date as close as possible to the date of operation of the variation to the parent Award. 4. The Commission erred in refusing to grant the unions' claim in that, to the extent that the submissions of the S.E.C. at pages 18 to 20 inclusive of the transcript were given weight, the Commission exceeded its jurisdiction. In submissions made for the appellant in support of its grounds of appeal there was called in aid a de- cision of the Full Bench of the Commission in the matter of Appeal No. 545 of 1982; Hospital Salaried Officers Association of Western Australia (Union of Workers) v. Association for the Blind of Western Australia (Inc.) and Others (62 W.A.I.G. 2080). In that matter, in a unanimous judgment, the opinion was expressed that in an application to vary an award in which there is a clearly defined and well estab- lished nexus with rates in another award which have been varied, the existence of that nexus constitutes a circumstance which may be appropriately described as special and which in the absence of countervailing circumstances will make it fair and right to make a retrospective order if the nexus is continued (at p. 2081). The judgment acknowledged that recognition of a nexus justifying a measure of retrospectivity did not convert a wage rate nexus into an earnings nexus. That emerged from earlier decisions of the Com- mission cited in the judgment in which the operative date was fixed at or about the date of the first oc- casion when the respondents could have known of their liability in respect of changed rates. When, in the judgment referred to, the Full Bench spoke of special circumstances which made it fair and right to make an order of variation retrospective to about the date of the variation of the parent award, it dis- tinguished the date of variation from the date from which the parent award had been made operative. In relation to the Engineering Trades (State Energy Commission) Award, Johnson C. expressly found that the parties accepted the existence of a nexus with the Metal Industries (Government De- partments and Instrumentalities) Award, a Federal Award covering employees in the State of Victoria. He also found that it did not appear to have been possible for the respondent to gain relevant infor- mation as to changes in that award until the publi- cation of the Federal Decision on the 30th July. He said:— In the ordinary course it would be reasonable for the SEC to have at least a week to make the necessary inquiries after that date. Again, in the ordinary course, it is not the practice of this commission to place an obligation on the em- ployer to require payment for periods during which it has no control over the final outcome. Commissioner Johnson fixed the beginning of the first pay period on or after the 16th August, 1982 as the operative date from which retrospective effect was to be given to variation of the award which he or- dered. His reasons were given extemporaneously and are set out at pages 30 and 31 of the transcript. Nothing that was there said justifies assertions made on behalf of the appellant that the decision to fix the operative date as he did, involved recrimination for industrial action by employees employed by the re- spondent. The discretion of the Commissioner ap- pears to have been correctly exercised in a reasonable 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2699 way according to the facts of which he was made aware. There is nothing in the judgment of the Full Bench in the H.S.O.A. case (supra) which leads me to conclude that the Commission has erred as alleged. I would dismiss this appeal. THE SENIOR COMMISSIONER: The Electrical Trades Union of Workers of Australia (Western Aus- tralian Branch), Perth, appeals against a decision of the Commission given on the 26th August, 1982, in matter No. 416 of 1982 in so far as on that day an Order of the Commission amending the Engineering Trades (State Energy Commission) Award No. 1 of 1969 was made effective as from the beginning of the first pay period commencing on or after the 16th day of August 1982. The Order, which amended Clause 32.—Wages of the said award, was in terms agreed between the parties following an increase in wage rates applicable to employees of the State Electricity Commission, Victoria. The appeal is supported by the Amalgamated Metal Workers' and Shipwrights Union of Western Australia and the Australasian Society of Engineers, Moulders and Foundry Workers Industrial Union of Workers, Western Australian Branch. It is the Unions' claim that the higher wages agreed upon in this State should apply, really, from the date on which the increased wage rates took effect in Vic- toria, namely, 28th February, 1982, but, in any event, having regard to the provisions of the Industrial Ar- bitration Act, 1979, should apply from a date no later than the 21st May, 1982, being the day on which Ap- plication No. 416 of 1982 was filed in the Com- mission. The grounds of appeal are as follows: 1. The Commission placed insufficient weight upon the well established nexus between the Engineering (S.E.C.) award and the parent award covering the S.E.C. in Victoria. 2. The Commission should have found that the said well established nexus amounts to a special circumstance as provided for in sec- tion 39 of the Act. 3. The Commission should have determined an Order of variation to operate from a date as close as possible to the date of operation of the variation to the parent award. 4. The Commission erred in refusing to grant the Unions' claim in that, to the extent that the submissions of the S.E.C. at pages 18 to 20 (inclusive) of the transcript were given weight, the Commission exceeded its jurisdiction. and the Unions call in aid a decision of the Full Bench dated the 2nd September, 1982, that upheld an appeal by the Hospital Salaried Officers Associ- ation of Western Australia (Union of Workers) against a decision of the Commission which rejected a claim that retrospective effect be given to Orders amending awards then before the Commission (62 W.A.I.G. 2080). In summary, the decision of the Commission under appeal stated— that the parties accepted the nexus between wage rates in this State and those in Victoria; that little detail was known of the agreement reached in Victoria between the Government and Unions which brought about increased wage rates for employees of the State Electricity Com- mission, Victoria from the 28th February, 1982, that is until a decision of the Australian Concili- ation and Arbitration Commission on the 30th July, 1982, ratifying that agreement; that it was reasonable for the State Energy Com- mission in this State to have time after the 30th July, 1982, to examine the circumstances of the agreement in Victoria; that it was not the practice of the Commission to place an obligation on an employer to require payment for periods during which he has no con- trol over the outcome; that, in the circumstances, the earliest date of operation available to the Commission was the beginning of the first pay period commencing on or after the 16th August, 1982. Subsection (3) of section 39 of the Act provides— (3) the Commission may, by its award, give retrospective effect to the whole or any part of the award— (a) if and to the extent that the parties to the award so agree; or (b) if in the opinion of the Commission there are special circumstances which make it fair and right so to do but in a case to which paragraph (b) applies not beyond the date upon which the application leading to the making of the award was lodged in the Commission, and, there being no agreement between the parties, it is evident from the aforementioned summary that the Commission felt there was a special circumstance which made it fair and right to give retrospective ef- fect to the Order. Without doubt that special circum- stance was the increased wage rates applicable to em- ployees of the State Electricity Commission, Victoria, bearing in mind the relationship between those rates and wage rates for employees of the State Energy Commission in this State. In respect of that relation- ship it is remarked that the rates agreed between the parties were determined following a movement of rates in Victoria and, in this industry, that this had also been the case in the past. It is clear that the re- lationship was recognised by the Commission. It follows that there is really no substance in the first two grounds of appeal. The Unions gain no assistance from the September 1982 decision of the Full Bench. Quite the contrary. The Full Bench expressed the view that, in the ab- sence of countervailing circumstances, "there seems no reason to hold that the 'valid expectation' which arose when the parent award was varied should not be converted to an entitlement from or about that date" (at page 2081). That is what happened in the matter now under appeal. It may be said that the "parent award" was varied on the 30th July, 1982, and employees in this State became entitled to a wage increase from the 16th August, 1982. It is not the same, however, to allow retrospectivity merely because the parties to the "parent award" reached an agreement in that respect. In fact, the Full Bench specifically distinguished such a case when it referred with approval to two decisions of the Commission that declined to go "to the retrospective date from which the parent award had been made operative". There is substance in the view, said the Full Bench, that respondents "not having been party to the pro- ceedings or negotiations leading to the variation of the parent award were entitled to a reasonable time to arrange their affairs to accommodate an increased burden the extent of which was unknown to them until the final claims reflecting the nexus were crys- tallized and served upon them" (at page 2082). It has not been demonstrated that the discretion of the Commission has been exercised in such a manner which calls for interference from the Full Bench. The third ground of appeal fails as does the fourth. The Commission gave a positive reason for reaching the conclusion which it did. The sub- missions referred to in this ground of appeal went to strike action taken by some employees of the State Energy Commission and it is not open to anyone, let alone this Full Bench, to assume that that action and not the reason stated was the factor which influenced the Commission. 2700 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. COMMISSIONER FIELDING: I agree that the ap- peal should be dismissed. I have had the benefit of perusing in draft form the reasons prepared by both the President and by Cort S.C. In substance I agree with what they have written and there is nothing I can usefully add. THE PRESIDENT: By unanimous decision of the Full Bench the appeal is dismissed and an order to that effect will now issue. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 767 of 1982. Between Electrical Trades Union of Workers of Aus- tralia (Western Australian Branch), Perth, Appellant, and The State Energy Commission of Western Australia, Respondent. Before the Full Bench. His Honour The President D. J. O'Dea. Senior Commissioner D. E. Court. Commissioner G. L. Fielding. Order. THIS matter having come on for hearing before the Full Bench on the 1st day of October, 1982, and having heard Mr K. B. Gilbert on behalf of the appellant; Mr A. J. Marks on behalf of the Amalga- mated Metal Workers and Shipwrights Union of Western Australia; Mr T. J. Cook on behalf of The Australasian Society of Engineers, Moulders and Foundry Workers Industrial Union of Workers, Western Australian Branch and Mr T. Lemon on be- half of the respondent and the Full Bench having re- served judgment on the matter and judgment being delivered on the 14th day of October, 1982 wherein the Full Bench unanimously dismissed the appeal and gave reasons therefor, it is this day, the 14th day of October, 1982 ordered that the appeal be dis- missed. By the Full Bench, [L.S.] (Sgd.) D. J. O'DEA, President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 689 of 1982. Between: Hamersley Iron Pty. Limited, Appellant, and The Federated Engine Drivers and Firemen's Union of Workers of Western Aus- tralia, Respondent. Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner G. A. Johnson. The 13th day of October, 1982. Mr P. R. Momber (of Counsel) on behalf of the appellant. Mr K. J. Edwards (of Counsel) on behalf of the respondent. Reasons for Decision. THE PRESIDENT: The Hamersley Iron Pty. Lim- ited (F.E.D.F.U. of W.A.) Award, 1979 (the award) applies to employees employed by the appellant in any calling mentioned therein. Clause 6 of Part 1 pro- vides for termination of the contract of employment by notice or dismissal. Clause 8 of Part 2 deals with redundancy of employees and subclause (2) thereof which is material in these proceedings provides in paragraph (b):— Subject to agreement with the union(s) con- cerned, employees may also be declared redundant as a result of illness or injury, and re- ceive the benefits of this clause. The appellant terminated the services of an em- ployee as a result of illness or injury and he was paid a substantial sum from a fund (Hamersley Iron Em- ployees Benefit Fund) unrelated to the award, estab- lished for the benefit of disabled employees whose contracts of employment have been terminated. The appellant disputed the respondent's claim for redundancy benefits for the employee and, the mat- ter having been referred to the Commission for interpretation of subclause (2)(b) of Clause 8, Com- missioner Halliwell declared:— That the true interpretation of subclause (2)(b) of Clause 8.—Redundancy of Workers of Part 2 of the Hamersley Iron Pty Ltd Iron Ore Production and Processing (FED & FU) Award 1979 entitles a worker who has been declared medically incapacitated for work and has been dismissed by Hamersley Iron Pty Ltd on that ac- count to redundancy entitlements, notwithstanding that he has been paid by the Hamersley Iron Provident Fund because of his total incapacity. The grounds of appeal, which I paraphrase below, allege error in law by the Commission:— (1) In failing to find that a declaration that an employee was redundant and obtaining the agreement of the union were conditions precedent to the operation of subclause (2)(bL (2) In failing to find that the appellant exclus- ively had the right to declare the employee redundant, or alternatively failing to find that the word "redundant" in subclause (2)(b) had no reasonable meaning and could be given no effect and should be deleted. (3) In failing to find that the termination of em- ployment resulted from frustration of per- formance of his contract of employment by the illness of the employee and that no dec- laration of redundancy was made nor agree- ment sought. It is unquestioned that because of the illness of the employee the appellant was unable to utilise his ser- vices. However we were told that the employee was 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2701 dismissed which I understand to mean that the em- ployer gave to the employee notice of termination of his contract of employment, no doubt because of the disablement. As a result of that termination and his disablement the employee was entitled to the benefit from the fund referred to. The appellant now asserts, notwithstanding the notice, that the contract of employment was termin- ated by operation of law. In the present circum- stances, I doubt that the doctrine of frustration of contract has application, given the close regulation of conditions of employment in the iron ore industry by provisions operating under awards or other agree- ments, including agreements, not necessarily ex- pressed, which restrict or mitigate the employers power to terminate or even dismiss for misconduct. In any event, one looks first at the contract of em- ployment and all the relevant circumstances (see Finch v. Sayers 1976 2 NSWLR 540). This appeal therefore falls to be determined by ascertaining, from an examination of the award, the proper construction to be placed upon subclause (2) (b) of Clause 8. The contract of employment is dealt with in Clause 6 of Part 1. It reserves to the employer the right to dismiss for misconduct and to the parties to the contract of employment, the right to terminate by notice. Although it is expressly provided that the contract of employment be not otherwise terminated, the provisions of Clause 6 are mitigated by provisions in Clause 8 which conditionally empower the em- ployer to effect:— . . . termination of an employee for reasons other than shown in the Contract of Employment and it shall include the termination of employees for reason of, or arising out of, technological change, takeover, merger, or reorganisation of work and/or production, or a closure of the company. That, for the purposes of, and subject to the other provisions of, Clause 8, defines redundancy and the company (i.e. the employer, see definition) expressly undertakes to make every effort to avoid making "employees redundant" to its then current needs and circumstances. Where it is obliged by circumstances to do so the provisions of Clause 8 apply. These in- clude a requirement that the employer give to the state secretary and site convenor of the union con- cerned, prior written notice of intention to retrench an employee because of redundancy, setting out the reasons and specified particulars. It also requires that the employee be given six months' notice of redundancy and be given benefits enumerated in subclause (10). Requirements of that kind appear to derogate from the right of the employer to terminate the contract of employment expressed in such a gen- eral way in Clause 6. Clause 8 refers in terms to ter- mination for reasons other than shown in the con- tract of employment and such requirements are plainly intended to operate in circumstances contem- plated by the clause, notwithstanding a general right to terminate and Clause 6 will necessarily be read down to accommodate the intention of the parties to the award as expressed by the provisions of Clause 8. After giving consideration and weight to the whole of Clause 8 in relation to the award, the meaning of subclause (2) (b), consistent with the intention of the parties, is revealed. It is to add illness or injury to the other reasons permitting employees to be declared redundant. It is said by the appellant that the subclause is re- pugnant to the remainder of Clause 8 which deals with redundancy. Certainly illness or injury are not matters which comfortably lie within the more gen- eral concept of redundancy. Also the reason of illness or injury is peculiar to the person and in that respect different in nature to those reasons enumerated in subclause (2) (a). However, in my opinion, subclause (2) (b) is not repugnant to the context. There is a common relationship, in retrenchment for illness or injury and for those reasons set out in subclause (2) (a), each being termination for a reason other than shown in the contract of employment. It is obvious that a number of particular provisions in Clause 8 are inappropriate in the case of an employee who is ill or injured but the requirements for notice and the like on the employer are not inappropriate and, in terms, the result of the subclause, so far as the employee is concerned, is that he receives the benefits provided by Clause 8. Nowhere in the award other than in subcluase (2) (b) is the employer expressly empowered to termin- ate a contract of employment as a result of illness or injury. If it were not for subclause (2) (b) the em- ployer might terminate by notice whereupon the em- ployee would receive no benefit other than pro rata entitlements. The effect of Clause 8 as a detraction from the power of the employer to terminate under Clause 6 has already been noted. Subclause (2) (b) expressly transfers that power to Clause 8 for its pur- poses and subject to its terms. Illness or injury, sub- ject to agreement by the union, has been designated a reason for retrenchment for redundancy, as defined in Clause 8 and it is only according to the provisions of that clause that an employee suffering disablement from illness or injury may have his contract of em- ployment terminated. When these matters are con- sidered subclause (2) (b) becomes intelligible and is not repugnant. If the view I have expressed is correct the employer could not, without breaching the award, have termin- ated the contract of employment of a disabled em- ployee other than pursuant to subclause (2) (b). The employee then became entitled to the benefits pro- vided by Clause 8. The receipt, by that employee, of a benefit from the Hamersley Iron Employees Benefit Fund is immaterial. It is interesting to note, in pass- ing, that under the award, in Clause 22.—Sick Leave, there is provision for payment to employees from an "employees' accident and ill health benefit plan". Such benefits are excluded in the case of an employee who receives payment of benefits pursuant to the Hamersley Iron Employees Benefit Fund but it is noteworthy that there is no provision for benefit under the employees' accident and ill health benefit plan for permanent total disablement. When one reads the award as a whole it is an ines- capable conclusion that Clause 8, though of clumsy expression, operates in the manner described. Having reached that conclusion I see no reason to interfere with the declaration which constitutes the decision of the Commission. I would therefore dismiss the ap- peal. THE CHIEF INDUSTRIAL COMMISSIONER: I respectfully agree with the reasons and conclusion of His Honour, the President. The conclusion is, I think, strengthened by noting that when subclause (2) (b) of Clause 8 of Part 2 of the award is read in the context of the award as a whole it makes sense only if the construction placed upon it by Halliwell C. is adopted. "Redundancy" is defined for the purpose of Clause 8 as "termination of an employee for reasons other than shown in the Contract of Employ- ment (clause)". The only reasons "shown" in that clause are misconduct and abandonment of employ- ment. If it were the case that the employer has an un- fettered right to terminate employment on account of illness or injury, one is moved to ask why he should need the special authority of Clause 8 subclause (2) (b) to do so, particularly when that authority may only be exercised with the express permission of the relevant union. The clear inference, in my view, is that it is intended that only in cases agreed to by the relevant union will the services of an employee be terminated through sickness' or injury and then only by declaring the employee "redundant" so as to make him eligible for the benefits of the redundancy clause. 2702 WLiSTl'RN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. COMMISSIONER JOHNSON: I agree and have nothing to add. THE PRESIDENT: An order dismissing the appeal will now issue. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 689 of 1982. Between Hamersley Iron Pty. Limited, Appellant and The Federated Engine Drivers and Firemen's Union of Workers of Western Aus- tralia, Respondent. Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner G. A. Johnson. Order. THIS matter having come on for hearing before the Full Bench on the 17th day of September, 1982 andnhaving heard Mr P. R. Momber (of Counsel) on behalf of the appellant and Mr K. J. Edwards (of Counsel) on behalf of the respondent and the Full Bench having reserved judgment on the matter and judgment being delivered on the 13th day of October, 1982 wherein the Full Bench unanimously dismissed the appeal and gave reasons therefor, it is this day, the 13th day of October 1982 ordered that the appeal be dismissed. By the Full Bench, [L.S.] (Sgd.) D. J. O'DEA, President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 825 of 1982. Between Hamersley Iron Pty. Limited, Appellant, and The Federated Engine Drivers' and Firemens Union of Workers of Western Aus- tralia Respondent. Before the Full Bench. His Honour the President D. J. O'dea Senior Commissioner D. E. Cort. Commissioner G. A. Johnson. The 2nd day of November, 1982. Mr P. R. Momber (of Counsel) on behalf of the appellant. Mr J. E. Bainbridge on behalf of the respondent. Reasons for Decision. • THE PRESIDENT: This is the unanimous decision of the Full Bench. The Commission constituted by Commissioner G. G. Halliwell dealt with the follow- ing matter referred pursuant to section 44 of the In- dustrial Arbitration Act, 1979:— The matter for determination is whether Mr B. Hazelgrave, employed by Hamersley Iron Pty Ltd at Tom Price as a Shovel Driver, should be penalised, other than by re-training, for the acci- dent which he had whilst operating Shovel 15 (2) on or about 11.00 a.m. on 20th June, 1982. The Company claim the answer is "yes". The Union claim the answer is "no"." The Commission heard evidence concerning the accident and on the 1st September, 1982 issued its order:— That the Claimant, Hamersley Iron Pty Ltd, may re-classify Mr B. Hazelgrave to the position of Trainee Shovel Driver in accordance with the provisions of the Iron Ore Production and Pro- cessing (Hamersley Iron Pty Ltd and The Feder- ated Engine Drivers and Firemens Union of Workers of Western Australia) Award No. 17 of 1982, but not at a rate of wage less than that of Shovel Driver for which he is currently qualified. If that be interpreted as a negative response to the proposition posed in the reference there is room for uncertainty as to Commission's determination of the fairness or otherwise of reclassifying the employee and both parties to the appeal made submissions di- rected to that matter. For this reason we gave con- sideration to remission of that matter for consider- ation in the light of the construction we place upon the award. However, in all the circumstances we con- sider we are constrained to deal with the question of construction which is the only matter raised on the appeal. The notice of appeal, and the grounds which are not repeated here because of their extent, challenge the Commission's order in that it reflects the con- clusion set out in the reasons for decision that:— ... the employer may reclassify Mr Hazelgrave to the position of trainee shovel operator in ac- cordance with the Award, but not at a rate of pay less than that of shovel driver for which he is currently qualified and which was his contract of employment at the time of the events giving rise to this particular matter. In our opinion the Commission erred in law in reaching that finding which derived from the con- struction which the learned Commissioner placed upon provisions of clause 7—Contract of employ- ment of the award to which reference is made in the order. Where relevant that clause provides:— (I) A contract of employment to which this award applies may be terminated in accord- ance with the provisions of this clause and not otherwise, but this subclause does not operate so as to prevent any party to such a contract from giving a greater period of no- tice than is hereinafter prescribed, nor to af- fect the employer's right to dismiss an em- ployee without notice for misconduct which, at law, would justify summary dismissal. (10) (a) No member of the Federated Engine Drivers' and Firemen's Union of Workers of Western Australia em- ployed in a classification solely covered by that union shall be required to per- form work outside the ordinary scope and practice of classifications covered by that union. (b) Subject to the preceding provisions of this subclause, an employee: (i) shall perform such work as may be required of him pursuant to his contract of employment; and (ii) may be reclassified from one pos- ition to another under this award by being given one week's notice of the reclassification. (II) An employee who has relieved in a classifi- cation higher than his ordinary classification for six weeks or more shall not be returned 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2703 to his ordinary classification without being given one week's notice or payment at the higher rate in lieu thereof. The award by Clause 7(10)(b) expressly enables the employer to require that an employee, being a member of the relevant union, do work of a type out- side of that covered by his "original" classification. Should paragraph (i) apply then the employee holds the rate of wage for his "original" classification but if he be reclassified as he may be pursuant to paragraph (ii) then in our view the rate which applies is that for his new classification. If the construction placed upon the award by the Commissioner be correct there seems to be no real purpose in the last mentioned paragraph. There is in our respectful opinion nothing within the provisions of the award which supports the Commission's conclusion that reclassification to the position of trainee shovel operator would still at- tract a rate of pay no less than that of shovel driver. That conclusion was influenced by the absence from the subclause of words to the effect "at the pre- scribed rates of pay for the work performed" which words are to be found in a Meat Industry Award which was the subject of consideration in a decision of the Court of Arbitration in a 1961 case involving the Midland Junction Abattoir Board (41 W.A.I.G. 960). With respect those words must be viewed in the context of the award as a whole. In that decision His Honour Mr Justice Nevile pointed out that the then appellant acknowledged "that the award contained no provision dealing with this matter of change of classification" and thus it is different from Award No. 17 of 1982. The relevant clause in the Meat In- dustry Award which contains the words upon which the Commissioner reached his conclusion not only re- quired a worker to "do work of a type not done by workers of the particular classification" but also specified that the rate of pay shall be that prescribed for the work performed. In the absence of those words the rate of pay would be that applicable to the worker's classification under his contract of employ- ment. We are persuaded that, as the appellant con- tends, where the employer reclassifies an employee in accordance with the award it is tantamount to the termination of one contract and an offer of a new one to the employee in a different classification. That is supported by a decision of the Court of Criminal Ap- peal in re Midland Junction Abattoir Board v. W.A. Branch A.M.I.E.U. (Penn's case) (43 W.A.I.G. 1082). That case, which was referred to by the learned Com- missioner in his reasons concerned a slaughterman who worked according to the provisions of an award which provided in part that:— Slaughtermen (regular) if available at the ordi- nary starting time shall, irrespective of the duties performed, be paid not less than the mini- mum rate for a slaughterman; provided that where any such slaughterman, except at his own request, is required to perform other duties and a position in the team is occupied by other than a slaughterman (regular) he shall be paid the amount he would have earned if employed in his normal capacity as slaughterman (regular) on that day ... Penn, who was employed as a slaughterman (regular) was informed by the foreman that one week from that day he would no longer be a slaughterman (regular) and that he would be transferred from the classification of slaughterman (regular) to labouring work of a general character. What the Appeal Court unanimously found was that the notice thus given to Penn was a notice to terminate his contract of em- ployment followed by a new contract of employment in a new category. He was therefore to be paid at the rate of the new category. We think it material to observe that the award with which we are presently concerned in Clause 8.—Mixed Functions makes express provision for payment at the higher rate where an employee is en- gaged on duties carrying a higher rate than his ordi- nary classification. It is our conclusion that as a matter of construction of the award the finding of the Commission in respect of which the appeal is brought cannot be supported. We further consider that this conclusion gains sup- port if one looks at a reclassification in accordance with the provisions of the award as a notional termin- ation and re-employment. As to this see further Marriott v. Oxford and District Co-Operative Society Ltd (1969) 3 All E.R. 1126 and O'Connor v. The Argus and Australasian Ltd (1957) V.R. 374. This conclusion is sufficient in our view to uphold the appeal. ' Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 825 of 1982. Between Hamersley Iron Pty. Limited, Appellant and The Federated Engine Drivers' and Firemens Union of Workers of Western Aus- tralia, Respondent. Before the Full Bench. His Honour the President D. J. O'Dea. Senior Commissioner D. E. Cort. Commissioner G. A. Johnson. Order. THIS matter having come on for hearing before the Full Bench on the 12th day of October, 1982 and having heard Mr P. R. Momber (of Counsel) on be- half of the appellant and Mr J. E. Bainbridge on be- half of the respondent and the Full Bench having re- served judgment on the matter and judgment being delivered on the 2nd day of November, 1982 wherein the Full Bench unanimously upheld the appeal and gave reasons therefor, it is this day, the 2nd day of November, 1982 ordered that:— 1. The appeal be upheld; and 2. The decision of the Commission given on the 1st day of September, 1982 in matter No. CR343 of 1982 be quashed. By the Full Bench, (Sgd.) D. J. O'DEA, [L.S.] President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Nos. 757 and 758 of 1982. Between Western Australian Fire Brigades Board, Appellant, and West Australian Fire Brigade Employees Industrial Union of Workers, Re- spondent. Before the Full Bench. His Honour the President D. J. O'Dea. Senior Commissioner D. E. Cort. Commissioner G. G. Halliwell. The 2nd day of November, 1982. Mr J. D. Miller on behalf of the appellant. Mr K. J. Trainer on behalf of the respondent. Reasons for Decision. THE PRESIDENT: The respondent applied to the Commission (Martin C.) to amend the wage rates of Fire Brigade employees and officers employed by the appellant. Applications 317 and 318 of 1982 sought 2704 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. the replacement of Clause 5.—Rates of Pay with a Schedule of wage rates increased according to an existing structure of internal relativities which had operated since 1977, by the alignment of the rate of a fitter employed under the Metal Trades (General) Award No. 13 of 1965, with a Fireman First Class (fourth year of service) instead of a Fireman A Grade (fifth to seventh year of service). The Fire Brigade Board (appellant) opposed the amendments and asked the Commission to consider as an alternative a proposition which it had put to the union. It proposed to recognise some work value changes brought about by improved training methods; to include the fourth year fireman as part of a new classification of fourth to seventh year fire - man and adjust some internal relativities. An order was made allowing amendment to the rates of wage in the Fire Brigades Employees Award (Application 317 of 1982) and the Fire Brigade Officers Award (Application 318 of 1982). Appeal is brought against the order in 317 of 1982 to the extent that the rates payable to Fireman A Grade (fifth to seventh year of service) have been increased and against the order in 318 of 1982 wholly. The grounds- of the appeals, which are by consent heard together, are:— (a) The decisions are against the evidence and the weight of evidence. (b) The Commission failed to give due and proper weight to a Commission in Court Session decision in respect of applications 786 to 789 of 1981, and the Full Bench in re- spect to applications 300 to 303 of 1980. (c) The Commission awarded increases to the rates of pay after recognising that the classi- fications of Fireman A Grade (fifth to sev- enth year of service) and Senior Fireman "do not share in the reasons for the benchmark change". (d) The Commission recognised that the classi- fications contained in Award No. 489 of 1972 "do not share in the reasons for the benchmark change", and then, awarded in- creases to the rates of pay despite that recognition. The primary decision in granting the applications for award amendment was the decision to align the fitter's rate with that of a Fireman First Class (Fourth year of service). That fixed a new "benchmark" for the fixation of wage rates of em- ployees covered by the awards to which the appli- cations related. Having so decided the Commissioner turned to consider whether, in effecting the align- ment, wage increases for other classifications should result because of the existing relativities, that being the submission of the union. The Commission ex- pressly wished to avoid distorting the wages frame- work and generating further argument about relativities within that framework. That was not seen to be a fair or commonsense approach to the settle- ment of the conflict between the parties. Furthermore it would require the Commission to construct a new scale of relativities without having before it the necessary information or material. The Commission concluded that it was not fair and equi- table, having changed the level of the "benchmark", to decline to allow consequential changes in the rates of wages above that level where those changes re- sulted from application of an accepted and long standing though not immutable system of relativities. It was central to that conclusion that the Commission expressly considered the application to be concerned with the fundamental question of the basis of fix- ation of rates of wages for all classifications in the awards. The Commission did not find a case for increasing the rates of other classifications as a matter of merit. It found that "those latter classifications do not share in the reasons for the benchmark change". It seems to me therefore to be unnecessary to consider what was said in evidence in the instant case or on other occasions regarding changes in the work of firemen. The awards were amended because the Commission accepted the case as it was framed in the applications and argued by the respondent. It accepted the equation between the fitter and the Fireman First Class (Fourth year of service). Because of the formula agreed by the parties in 1977 and used by them to re- late wage levels of classifications within the awards, and as a result of its application by the Commission, wage rates have increased in relation to classifi- cations not shown on merit to be entitled to them. Those increases are the subject of appeal. They are a consequence of the exercise of the Commission's dis- cretion in its principal task, to determine at what year of service the equation of the fitter to the fire- man was to be made. The relativities formula dic- tated that the resulting wage of a Fireman First Class (Fourth year of service) represented 92.5 per cent of the wage of a Senior Fireman, that being the datum point (of 100 per cent) within the system. Failure to apply consequential increases would have upset the existing relativities. For reasons which it clearly ex- pressed, the Commission considered it necessary to adhere to those relativities and neither fair nor sen- sible to depart from them. The proposition advanced in the alternative by the appellant departed from that system of relativities but the appellant ad- dressed no specific argument as to why that system should now be abandoned. In exercising his discretionary judgment in the way that he did, Martin C. emulated what had been done by the Commission in Court Session in relation to the Fire Brigade Employees Award on the 9th March, 1982 (62 W.A.I.G. 532). In my opinion the appellant has failed to show that the decision of the Commission is wrong or that, having regard for all the matters that were before it, the decision is not one that was reasonably open to the Commission. I would dismiss the appeals. THE SENIOR COMMISSIONER: The Western Australian Fire Bridades Board appeals against de- cisions of the Commission given on the 25th day of August 1982 which increased the weekly rates of pay prescribed for firemen in Clause 5.—Wages of the Fire Brigade Employees' Award No. 26 of 1971 and for station officers, district officers and superintend- ents in clause 5—Wages of the Fire Brigade Officers' Award No. 489 of 1972 (62 W.A.I.G. 2220). The grounds of appeal common to each of them are that: 1. The decision was against the evidence and the weight of evidence; 2. The Commission failed to give due and proper weight to a Commission in Court Session decision in respect of applications 786 to 789 of 1981, and the Full Bench in re- spect to applications 300 to 303 of 1980. The additional ground of appeal with respect to firemen, is that: The Commission awarded increases to the rates of pay after recognising that the classifi- cations of fireman A Grade (fifth to seventh year of service) and Senior Fireman "do not share in the reasons for the benchmark change". —and in relation to officers that: The Commission recognised that the classifi- cations contained in Award No. 489 of 1972 "do not share in the reasons for the benchmark change", and then, awarded increases to the rates of pay despite that recognition. In the reasons for decision the Commission referred to a decision of the Commission in Court Session in March 1982 and to the decision of the Full 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2705 Bench in 1981 on appeal from a 1980 decision of the Commission constituted by a Commissioner sitting alone, both of which are raised by the second ground of appeal. Those decisions formed an integral part of the background against which the applications by the West Australian Fire Brigade Employees' Industrial Union of Workers to amend the two awards were de- termined. The purpose of those applications, as de- scribed in the reasons for decision— ... is to prescribe for the classification Fireman First Class (Fourth Year of Service) in the Fire Brigade Employees' Award, the base rate of wage for a tradesman fitter under the terms of the "Metal Trades (General)" Award No. 13 of 1965 . . . in lieu of the present alignment of that latter rate of wage with the classification Fireman A Grade (Fifth to Seventh Year of Service) (the so called "benchmark"). If that change is effected and the present es- tablished relationships between the classifi- cations within the Fire Brigade Employees' Award and between the key classifications in that award and those in the Fire Brigade Officers' Award (see exhibit 8) are maintained, the rates of wages for all the classifications in the awards will increase. (At page 2221.) and by the decision of the Commission that was achieved. The matters raised in support of the applications are set out in the reasons for decision and were placed before the Commission against a background of the basic qualifications required for training as a firefighter, the training programme and the skills and responsibilities to be exercised. Those matters may be summarised in the following manner: .. . the changes which have occurred in terms of the quality of the firefighter, the training he is required to undertake and the improved and more difficult appliances and equipment that he is required to use in the performance of his duties. It was said that the foregoing was borne out in a 1977 decision of the Commission (57 W.A.I.G. 1862) and in the 1980 proceedings be- fore the Commission. ... a comparison between the firefighter and the metal tradesman and their respective periods of training, age of entry and graduation and the qualities each commences with such as education and previous job experience among others. —the reduction in the training period for a mechanical fitter, since 1971, when the wage of a firefighter, fifth year of service, was previously aligned with that of a fitter. —the agreement reached between the parties after 1977 that the service and supplementary payment for a fireman in his fourth year of ser- vice be that for a fitter. On appeal, the Board does not challenge the rate of wage fixed for a Fireman First Class (fourth year of service) namely the base rate of wage for a tradesman fitter, but argues that "the present established re- lationships" should not have been maintained par- ticularly when, as stated by the Commission: From the material in these proceedings I can- not find the extent to which the basic changes have been reflected beyond the benchmark level... (At page 2225.) although it should be remarked that the Commission questioned whether that task was necessary. In the reasons for decision, the Commissioner rec- ognised that the specific problem was "to determine which step in a fireman's progression to competency and efficiency is to be aligned with an agreed particu- lar external rate of wage" and reached the conclusion that if he realigned the benchmark "in such a way that most other classified rates of wages remain static... (he) would be distorting the whole of the wages framework and generating a further argument about the internal relativities within that frame- work". It was acknowledged that the relativities were not immutable and it was felt that there was no ma- terial on which to make any objective appraisal of the propriety or adequacy of existing relativities. Those relativities were agreed by the parties in 1977 and it seems desirable to refer, even if briefly, to the decision of the Commission in that year and to subsequent proceedings before the Commission but before doing so it is apposite to remark that, for reasons which will become evident, I do not share the view of the Commission that it would be unfair to change "the level of the benchmark" and not to make "consequential changes in the rates of wages for classifications above that level in accordance with the long standing accepted relativities because those lat- ter classifications do not share in the reasons for the benchmark change" (at page 2226). In 1977 the Commission was called upon to deter- mine the rate of pay for a senior fireman and in so doing recognised that "each worker is trained to exer- cise a range of skills on demand during an emerg- ency" and also the changes which had occurred in the fire services by the introduction of more sophisti- cated appliances and techniques with an ac- companying increase in the extent and depth of training (57 W.A.I.G. 1862). To give effect to that de- cision the parties agreed the relativities which were proper as between the senior fireman and other firemen, and between the senior fireman and officers. An appeal by the Board against that decision was dis- missed. No reasons for decision were published (60 W.A.I.G. 13). In 1980 the Commission refused a claim by the union for a wage increase based on a change in the work of a firefighter since 1977. The Commission, whilst satisfied that there had been changes in some areas of the fire service—the evidence showed that by reason of new training methods a probationary fire- man after training school was more competent than his counterpart in 1977—found it "impossible . . . to conclude. .. that the work of all the em- ployees ... (is) more skilful, more difficult or more responsible than it was in 1977" (60 W.A.I.G. 2286 and see 60 W.A.I.G. 2549). An appeal by the union against the decision was dismissed broadly, I think it fair to say, as the conclusion reached was reasonably open to the Commission on the material available at the time (61 W.A.I.G. 619). It was in March 1982 that the rates of pay for firemen were last reviewed and by the Commission in Court Session and it is relevant to record that the de- cision increased the rates of pay for firemen and officers (62 W.A.I.G. 532). On that occasion the union based its claim on changes in the rate of pay of a fit- ter—a concept which had been followed by the par- ties for a time prior to the 1977 decision—and the Commission in Court Session was persuaded to that view in that the rate of wage for a Fireman A Grade (being a fireman in his fifth year of service) was aligned with that of a fitter and, at speaking to the minutes, it was observed that it was open to the par- ties to argue on the future as to the level as to which the equation of the fitter was to be made with the fireman. The rate of pay which resulted from the claim must be seen to have been adjudged fair in March 1982 having regard to the skills and responsibilities of firefighters. It is not accepted as suggested by the union nor did it follow from the decision of the Com- mission in Court Session that in March 1982, in agreeing to revert to a relationship (with the fitter), which had existed by agreement in 1971, the Com- mission, had determined a wage by reference to the skills and responsibilities exercised by firemen some 11 years ago. 2706 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. A finding having been made in this case that "a level at which the equation of the fitter is to be made with the fireman" is that for a Fireman First Class (fourth year of service) it follows that the rates of wages for firemen in earlier years of service namely those for Fireman Third Class, Fireman Second Class, and Fireman First Class (third year of service) should also change but, with respect, it does not fol- low that other rates should alter as a consequence of the change in the level. This may best be illustrated by saying that where in any industry it is shown that the "value of the work" of several classifications has changed but where other classifications "do not share in the reasons" for that change then, in equity, the relationships between those classifications should change. It is for this reason that I think that a question of principle is raised rather than the exer- cise of a discretion. It is pertinent the Commission was unable to find the extent to which the basic changes had been reflected beyond "the level". The extent to which, if at all, changes are reflected beyond the immediate area in which they occur was canvassed at some length in 1980 and 1981. That a fireman in his fourth year rather than one in his fifth year of service is compared to a fitter does not, in my opinion, affect the senior fireman and others on higher rates of pay where the Commission is unable to make a finding in that respect. It is also pertinent to remark the agreed relativities—the senior fireman to one side—did not envisage an annual increment after the "benchmark" was reached. That aside, to my mind the question is whether the classifications assigned rates of wages above the level of the benchmark should be allowed a wage increase on the rate determined by the Com- mission in Court Session as recently as in March 1982. In my opinion that question should have been answered to the negative. With respect, it would have been sufficient reasons to have refrained from allowing consequential in- creases "because those latter classifications do not share in the reasons for the benchmark change" (at page 2226). That distinguishes such classifications from the others. I would uphold the appeals to the extent indicated. COMMISSIONER HALLIWELL; I agree with the the decision of His Honour the President and have nothing to add. THE PRESIDENT. By majority decision of the Full Bench the appeals are dismissed and an Order to that effect will issue. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Nos. 757 and 758 of 1982. Between Western Australian Fire Brigades Board, Appellant, and West Australian Fire Brigade Employees Industrial Union of Workers, Re- spondent. Before the Full Bench. His Honour the President D. J. O'Dea. Senior Commissioner D. E. Cort. Commissioner G. G. Halliwell. Order. These matters have come on for hearing before the Full Bench on 28th day of September, 1982 and having heard Mr J. D. Miller on behalf of the appellant and Mr K. J. Trainer on behalf of the re- spondent and the Full Bench having reserved judgment on the matter and judgment being de- livered on the 2nd day of November, 1982 wherein the Full Bench, by majority decision, dismissed the appeal and gave reasons therefor, it is this day, the 2nd day of November, 1982 ordered that the appeals be dismissed. By the Full Bench, (Sgd.) D. J. O'DEA, [L.S.] President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 785 of 1982. Between Hospital Salaried Officers Association of Western Australia (Union of Workers), Appellant, and Attadale Hospital and Others, Respondents. Before the Full Bench. His Honour the President, D. J. O'Dea. Senior Commissioner D. E. Cort. Commissioner G. J. Martin. The 14th day of October, 1982. Mr G. N. Hocking on behalf of the appellant. Mr R. H. Gifford on behalf of the respondents. Reasons for Decision. THE PRESIDENT: This is the unanimous decision of the Full Bench. This appeal by the Hospital Salar- ied Officers Association of Western Australia (Union of Workers) is against a decision of the Commission given on the 17th day of August, 1982 which amended the Hospital Salaried Officers (Private Hospitals) Award No. 28 of 1977 and the Hospital Salaried Officers (Nursing Homes) Award No. 18 and 19 of 1974 (62 W.A.I.G. 2239). The amendment pre- scribed an hourly on-call allowance and that allow- ance is found by taking a stated percentage of the minimum weekly salary rate of a medical laboratory technologist divided by 40. The appellant maintains that the Commission erred by not using a divisor of 37 'A for if that were done the allowance would have been identical in amount with that applicable under the Hospital Salaried Officers Award No. 39 of 1968, being the Award applicable to salaried officers in Government hospitals. It is common ground that there is an established nexus between the awards. This nexus was acknowl- edged by the Commission but, insofar as is relevant, there is a difference of some importance between the private awards and the Government award in that in the private awards the ordinary hours of work are 40 in each week whereas under the Government award those hours are 37 '/>. The decision of the Commission recognised that difference by fixing a different div- isor in the private awards from that in the Govern- ment award and the appellant maintains that it was not fair and equitable for the Commission to so pre- scribe an hourly allowance for salaried officers in pri- vate hospitals below that applicable to like officers in Government hospitals. In this regard the appellant emphasises that previously the on-call allowance was the same for all such officers although it should be stated that that allowance applied also to others in hospitals and was found by taking the stated percent- age of a wage applicable to a nurse divide by 40. In the proceedings involving Government hospitals the appellant was successful in persuading the Com- mission to change that "common" provision to the one now in force. In that case, the present appellant argued that the provision then applicable led to in- justices in that the formula was based on a working week of 40 hours, whereas under the Government sal- aried officers award the hours were 37 Fa. It was said to be more sensible to base the formula on a rate of pay in the salaried officers award rather than on a 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2707 rate in an award applicable to nurses. The second ground of appeal alleges that there was no evidence to allow the conclusion to be drawn that the disabilities associated with on-call duties were significantly less in private hospitals. We discern no such finding but note that in the Government hospi- tals case, although the employers submitted that the on-call allowance, which was designed to compensate a common disability, should remain the same for all, it was changed by reason of the union's argument, among other things, that the hours for salaried officers were different from those of others. The appellant now complains that a difference in hours of work should not produce a different hourly allow- ance! Furthermore, in that decision the Commission referred with approval to a decision of the Full Com- mission in South Australia which said that an on-call allowance should not solely and directly constitute compensation for invonvenience calculated without regard to the level of remuneration of the employee concerned (see 62 W.A.I.G. 1679). Against that background this appeal is somewhat surprising but, that aside, it is not necessary to otherwise refer to the grounds of appeal as the real question is whether, in all the circumstances, the Commission erred in fixing an hourly allowance by reference to the ordinary hours worked by the em- ployees to whom the allowance will apply. We are not persuaded to that view and nothing more need be said. The appeal is dismissed and an order will issue to that effect. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 785 of 1982. Between Hospital Salaried Officers Association of Western Australia (Union of Workers), Appellant, and Attadale Hospital and Others, Respondents. Before the Full Bench. His.Honour the President D. J. O'Dea. Senior Commissioner D. E. Cort. Commissioner G. J. Martin. Order. THIS matter having come on for hearing before the Full Bench on the 7th day of October, 1982 and having heard Mr G. N. Hocking on behalf of the appellant and Mr R. H. Gifford on behalf of the re- spondents and the Full Bench having reserved judgment on the matter and judgment being de- livered on the 14th day of October, 1982 wherein the Full Bench unanimously dismissed the appeal and gave reasons therefor, it is this day, the 14th day of October, 1982 ordered that the appeal be dismissed. By the Full Bench, [L.S.] (Sgd.) D. J. O'DEA, President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 850 of 1982. Between The Government Printer, Appellant, and Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers, Respondent. Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner G. A. Johnson. The 9th day of November, 1982. Mr P. J. Kelly on behalf of the appellant. Mr J. H. W. Williams on behalf of the respondent. Reasons for Decision. THE PRESIDENT: This is the unanimous decision of the Full Bench. The Government Printer brings this appeal against a decision of Commissioner G. J. Martin which varied the Printing (Government Printing Office) Award No. 31 of 1975, by granting increases in wage rates for employees under that award with effect from the beginning of the first pay period commencing on or after the 1st February, 1st June and 7th September, 1982, respectively. The grounds of appeal are:— 1. The Commission erred in prescribing 1st February, 1982 and 1st June, 1982 as the op- erative date for wage increases pro- portionate to $25.00 and $14.00 respectively. 2. As wage increases in the Graphic Arts Award and in the other State Government Printing Offices were retrospectively ad- justed only where there was agreement be- tween the parties the Commission, on the evidence, ought to have determined a current operative date. 3. The Commission erred in its interpretation of the decision of the Full Bench of 2nd September, 1982 in Matter No. 545 of 1982 between the Hospital Salaried Officers As- sociation of Western Australia (Union of Workers) and the Association for the Blind of Western Australia Inc. and others. 4. The Commission failed to determine the op- erative date according to equity, good con- science and the substantial merit of the case. Subsection (3) of section 39 of the Industrial Arbi- tration Act, 1979 provides:— The Commission may, by its award, give retro- spective effect to the whole or any part of the award— (a) if and to the extent that the parties to the award so agree; or (b) if, in the opinion of the Commission, there are special circumstances which make it fair and right so to do, but in a case to which paragraph (b) applies, not beyond the date upon which the application leading to the making of the award was lodged in the Commission. It is clear that subsection (3) (b) empowers the Commission to give retrospective effect to its order even in the absence of agreement or consent of the parties. As appears from page 28 of the appeal book Mr Commissioner Martin concluded that historically wage rates in the award reflected variations occurring in the Federal "Graphic Arts Award" subject to the manner in which those variations have been translated by Government Printing offices in other states. Against that background and having regard to 2708 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. the facts of-which he had been made aware, the Com- missioner said that he considered it fair and equi- table to provide operative dates which permitted him to accord similar treatment to employees under the award to that accorded to employees in most other states resulting from variation in wage rates under the Graphic Arts Award (see pages 36 and 37 of the appeal book). The order which constitutes the Com- missioner's decision, is in terms of the retrospectivity that was awarded and the increases granted to the employees under the award, generally consistent with what was done in most other states. The Commissioner was advised of the course fol- lowed by the parties to the award after lodgment on the 3rd November, 1981 of an application to amend it. By the 29th January, 1982 the employer, according to its advocate, had been informed of the wages claim. It knew that the claim was in line with that being sought in the Graphic Arts Award, that is $25 per week from the 1st February and $14 per week from the 1st June plus any state wage increases (see appeal book page 43). In those circumstances, it seems to us, the Commissioner was entitled to con- sider that a prudent employer might reasonably ex- pect to face an increased wage burden and take steps to accommodate that expectation. We are unable to discern any misinterpretation of the decision of the Full Bench referred to in ground 3 nor any misappli- cation of relevant principle. In any event we note that nothing was said by the appellant in support of that particular ground. Nothing in the other grounds nor anything said upon the appeal has demonstrated that it was any- thing but a fair and equitable exercise of the Com- missioner's statutory discretion. We would dismiss the appeal. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION No. 850 of 1982. Between the Government Printer, Appellant, and Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers, Respondent. Before the Full Bench. His Honour the President D. J. O'DEA. Chief Industrial Commissioner E. R. Kelly. Commissioner G. A. Johnson. Order. This matter having come on for hearing before the Full Bench on the 2nd day of November, 1982 and having heard Mr P. J. Kelly on behalf of the appellant and Mr J. H. W. Williams on behalf of the respondent and the Full Bench having reserved judgment on the matter and judgment being de- livered on the 9th day of November, 1982 wherein the Full Bench unanimously dismissed the appeal and gave reasons therefore, it is this day, the 9th day of November, 1982 ordered that the appeal be dis- missed. By the Full Bench, (Sgd) D. J. O'DEA, [L.S.] President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 744 of 1982. Between Tony Welsh, Appellant, and Laurence Hills, Respondent. Before the Full Bench. His Honour the President D. J. O'Dea. Senior Commissioner D. E. Cort. Commissioner B. J. Collier. The 29th day of October, 1982. Mr A. P. Woodward on behalf of the appellant. No appearance on behalf of the respondent. Reasons for Decision. THE PRESIDENT: This is an appeal against a de- cision of the Commission constituted by Mr Com- missioner Fielding given on the 13th August, 1982 (62 W.A.I.G. 2309). The appellant applied to the Commission seeking in terms an order under section 29(2)(b). A statement of claim supporting the application, as that state- ment was subsequently amended, set out particulars of damages totalling $1130 comprising wages due for work performed under a contract of service together with $1100 being loss suffered from inability to per- form in accordance with the contract of service, less $370 being wages earned in alternative employment. The Commission made findings of fact which en- abled it to conclude that the appellant was employed under a contract of service with the respondent and that the appellant was unable to complete the work required of him under the contract of service because of the actions of the respondent. The Commission found in consequence that the appellant was entitled to recover remuneration for the work performed for which he had not been paid. The respondent made no appearance upon the appeal and the appellant raised no objection to the finding or the conclusions to which I have referred. The Commission determined that the appellant was entitled to judgment against the respondent in a sum of $500 and it was stated but for the jurisdictional limitations imposed by the stat- ute the appellant would have been awarded an ad- ditional sum of $1130 the damages claimed since, on the evidence, that properly reflected the loss suffered by him as a result of the respondent's wrongful ac- tions in relation to the contract of service. The Commission referred to the well settled rule that:— The consideration for work is wages and the consideration for wages is work. (Browning v. Crumlin Valley Collieries Ltd. (1926) 1 KB 522 at 528) Reference was also made to passages from the judgment of the High Court in the matter of Automatic Fire Sprinklers Pty. Ltd. v. Watson 946 72 CLR 435, in particular:— It is only in an exceptional case, where the payment of money to the servant does not de- pend upon his doing work, that the servant can recover remuneration without doing work. He cannot remain idle, even though he truly alleges readiness and willingness to do the work, and claim wages or salary as if he had done the work. On the basis of such authority the Commission held that the appellant was not:— ... "entitled under his contract of service" to the remuneration which would have been pay- able but for the Respondent's misdeeds. The only benefit to which he is entitled "under his contract of service" at this time is remuneration for the work performed up to and including 20th October last. Damages for the balance which he 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2709 would have been entitled to but for the Respon- dent's misdeeds is not a "benefit" to which he is entitled "under his contract of service", but rather compensation for his failure to obtain that benefit. Damages may well be a benefit to which the Applicant is entitled by virtue of his contract or the breach of it, but they cannot, in my view, by any normal process of statutory interpretation, be said to fit the description of a "benefit to which he is entitled under his con- tract of service". They are in effect a substitute for the benefit under that contract of which he has wrongly been deprived. It might be, as the Applicant's advocate submitted, that the benefit under the contract is that the employee has a guaranteed income, but that guarantee is, as has already been mentioned, subject to the condition that the work be performed. If that work is not performed because of the employer's misdeeds, it is not therefore possible to enforce the "guarantee", but instead it is possible to obtain compensation in the form of damages for those misdeeds, which damages may well in many cases equate the "guaranteed" income. However, that is not the same as obtaining the guaranteed income as such. There is simply no entitlement to damages "under" the contract of employment; rather, the entitlement to damages arises be- cause the entitlement under the contract has not accrued as it ought to have. It follows therefore, in my view, that the Applicant is not able to recover by these proceedings moneys in the nature of damages as he claims on this occasion (cf: O'Dwyer v. Karratha Recreational Council (Inc)(1981) 61 WAIG 850). All that the Appli- cant can recover by these proceedings is the re- muneration for work performed by him and for which he has not been paid. (At pages 2311 and 2312.) It is from that part of the decision of the Com- mission which that reference from the reasons sup- ports, that this appeal is brought. Central to the appeal is a consideration of S.29 which is plain in its expression and I think in its pur- pose. Subsection (1) stipulates that an industrial matter may be referred to the Commission by an em- ployer, union or association or the Attorney General. Subsection (2) provides that:— (2) A claim by an employee in relation to whom the Commission may exercise jurisdiction conferred on it by section 23— (a) that he has been unfairly dismissed from his employment; or (b) that he has not been allowed by his em- ployer a benefit, not being a benefit under an award or order, to which he is entitled under his contract of service, may be referred to the Commission by that em- ployee. It is well settled that, where it is found that an em- ployee has been unfairly dismissed, the Commission may order reinstatement and other incidental mat- ters including compensation (see Kwinana Construc- tion case 34 WAIG 51; PMH case 55 WAIG 543; O'Dwyer v. Karratha 61 WAIG 850). I think that it follows, that where a claim under S.29(2)(b) is established the Commission is em- powered by S.23 to enquire into and make an order relating to such matter, in the exercise of its dis- cretionary judgment, in accordance with the pro- visions of S.26 and in granting relief or redress the Commission is not restricted to the specific claim' made or to the subject matter of the claim but of course without going to anything that an individual may not bring to the Commission. This follows be- cause the matter with which the Commission is deal- ing in such a case is an industrial matter and where such a matter is referred to the Commission, whether under S.29(l) or by an individual employee, the Commission is empowered to act so as to resolve con- flict in respect of the matter referred. I think there- fore there is no reason to doubt that, in a given case the Commission could order an employer to make compensation to an employee in money terms for a benefit to which he was entitled under his contract of service and has not been allowed. The order could be in such terms as the Commission considered just and equitable. Were that done its purpose and its limi- tation would be to redress the matter by resolving the conflict in relation to the industrial matter. In my respectful opinion the long passage from the reasons for decision, which I earlier quoted, contains findings which are indisputable. The conclusion which the learned Commissioner reached seemed to me at first to follow but it troubled me that the em- ployee would not recover by these proceedings dam- ages which the Commission found he was entitled to. I have found this a matter of considerable difficulty but in the end and with the greatest respect I have reached the conclusion that in the proceedings before the Commission the appellant established a claim that he has not been allowed by his employer a period of "guaranteed" paid employment. A sub- mission for the appellant that the benefit under the contract was a guaranteed income was rightly re- jected by the Commission because that guarantee was subject to the condition that the work be per- formed. That unsuccessful claim was certainly the primary thrust of the appellant's argument at first instance. Although it was asserted:— That the employee was denied a benefit to which he was entitled under his contract of ser- vice, namely the benefit of paid employment, (see transcript p. 22.) Upon this appeal it was said by his advocate that the appellant accepted the correctness of the Com- mission's conclusion that a guaranteed income was not a benefit and the appeal concentrated on dis- tinguishing that from the benefit of guaranteed em- ployment and ground one asserted that the Com- mission should have found that guaranteed employ- ment was a benefit. It is clear, possibly because of the way the argu- ment was developed before the Commission, that the reasons for decision make no such distinction. How- ever it is reasonable to suppose that if the Com- mission had considered it necessary to do so it would have found that guaranteed employment was a ben- efit under the appellant's contract of service. I say that because of the passages I have underlined in the following excerpts taken from the passage of the reasons previously referred to. Damages for the balance which he would have been entitled to but for the Respondent's mis- deeds is not a "benefit" to which he is entitled "under his contract of service", but rather com- pensation for his failure to obtain that benefit. They (damages) are in effect a substitute for the benefit under that contract of which he has wrongly been deprived. ... rather, the entitlement to damages arises because the entitlement under the contract has not accrued as it ought to have, (at page 2312.) For myself I think there is an advantage in putting aside the matter of damages which is the remedy sought and answering the question is there a benefit to which the appellant was entitled under the con- tract of service which the employer has disallowed? The general rule is that in most contracts of service the employer is not under a duty to provide work. He normally has no greater obligation to the employee than the payment of his wages. However, the terms of the contract may extend to an employer's obligation to providing opportunity for an employee to actually perform the work for which he was engaged. White v. 2710 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. Australian and New Zealand Theatres Ltd (67 CLR 266); Marbe v. George Edwardes (Daly's Theatre) Ltd. [1927] All E. R. Rep. 253 and Herbert Clayton and Jack Waller Ltd. v. Oliver [1930] All E. R. Rep. 414 are cases which relate to noted entertainers who were awarded damages because they were in fact de- nied opportunity to perform as expressly promised and thus lost the chance to enhance their repu- tations. They were examples of collateral promises which, though not enforceable, were seen as obli- gations on the employer entitling the employee to damages. To the appellant who was an entertainer from Perth a tour for a certain period must have appeared to be an advantage. The word "benefit" is an ordi- nary word with plain meaning certainly sufficiently wide to include an advantage of the kind referred to. Of course the appellant abandoned the tour and re- turned to Perth but as it was found by the Com- mission he was justified in doing so by the employer's misdeeds and it was by virtue of the employer's breach of contract that the appellant was not allowed his benefit. For the reasons expressed I am of opinion that the finding is open and ought to be made that the appellant has not been allowed by the employer a benefit to which he is entitled under his contract of service. When that is done it provides the key or reference to the exercise of jurisdiction by the Com- mission under s. 23. If what I have said earlier is cor- rect the Commission is empowered to order the em- ployer to make compensation in money terms for the benefit which has not been allowed. The Commission revealed in its reasons that it saw it as just and equi- table to award $1 130 for damages and the sum of $500 for wages earned but no paid. Exercising the power contained in subsections (5) and (6) of s. 49 I would uphold the appeal and vary the decision of the Commission by ordering that the respondent pay to the appellant (applicant) the sum of $1 630. THE SENIOR COMMISSIONER: This is an ap- peal by Tony Welsh against a decision of the Com- mission given on the 13th August, 1982 the effect of which was to refuse part of a claim brought by him against his employer Laurence Hills. The claim was referred to the Commission pursu- ant to subsection (2) of section 29 of the Industrial Arbitration Act, 1979 which so far as is relevant, en- ables an employee, as distinct from an employer, union or association or the Attorney General, to bring a claim that he has not been allowed by his employer a benefit to which he is entitled under his contract of service. The Commission, once such a claim is prop- erly before it, may exercise such powers and do such things as are open to it in dealing with an industrial matter referred to it by an employer or union. In granting relief or redress the Commission is not re- stricted to the specific claim nor the the subject mat- ter of the claim but in my view that would not permit the Commission to grant relief or redress outside that which he may refer to the Commission pursuant to section 29. Trite as it may be the appeal brought pursuant to section 49 of the Act is against the decision of the Commission and not against the path followed by the Commission in reaching that conclusion. The findings made by the Commission were not challenged and the terms of the contract of service had been reduced to writing by the parties thereto and were placed before the Commission. Shortly stated the contract, which contained a number of conditions, was for a specified term between the 2nd October, 1981 and the 1st November, 1981 (both in- clusive) during which Tony Welsh, an entertainer, was to perform in a number of shows on tour in the Pilbara for the consideration stated. The Commission found that Welsh left Port Hedland on the 20th October, 1981 to return home to Perth and ordered payment of certain moneys in re- lation to work done prior to that date and this appeal goes to the failure of the Commission to award moneys said to be due under the contract after that date. The Commission also found that the employer Hills had failed to comply with conditions of the con- tract; that Welsh had indicated to his employer that he was not prepared to stay around when Hills was not keeping to the agreement; that he warned Hills that he would return home to Perth if the employer did not make good his obligations under the contract and that he did so on the 20th October, 1981. The Commission also accepted that Welsh indicated to Hills at the airport that he would remain in Port Hedland and complete his part of the bargain if Hills, the employer, made good his breaches under the con- tract. Whatever may be the law with respect to contracts at large I am persuaded that the Commission may allow a benefit to which an employee is entitled under his contract of service. But nothing else. It would not be proper, for example, to allow moneys which may otherwise be claimed by a person if other action were taken. To my mind the sole matter to be determined is whether the contract of service was terminated on the 20th October, 1981 or continued until the 1st November, 1981. If it were terminated on the 20th October, 1981, and I think it was, there is no benefit to which the employee can be entitled after that date. It matters not whether Welsh was justified in leaving the Pilbara and returning home to Perth. That of course is relevant in determining his right to a ben- efit under the contract in existence before that date. Once the contract of service was terminated by Welsh abandoning his employment, and even though justifiably, the Commission is constrained from al- lowing any benefit in respect of any period following that termination. I would dismiss the appeal. It would seem to me that the finding by the Com- mission that Welsh was entitled to damages was purely gratuitous and with due respect has confused what may be allowed by the Commission under the Act and that to which a person may be entitled at law. COMMISSIONER COLLIER: I agree with the de- cision of His Honour the President and have nothing to add. THE PRESIDENT: By majority decision of the Full Bench, the appeal is upheld and the decision of the Commission given on the 18th August, 1982 in matter No. 1 of 1982 varied to provide that the respondent pay to the appellant (applicant) the sum of $1 630. Order accordingly. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2711 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 744 of 1982. Between Tony Welsh, Appellant, and Laurence Hills, Respondent. Before the Full Bench. His Honour the President D. J. O'Dea. Senior Commissioner D. E. Cort. Commissioner B. J. Collier. Order, THIS matter having come on for hearing before the Full Bench on the 24th day of September, 1982 and having heard Mr A. P. Wood word on behalf of the appellant and there being no appearance on behalf of the respondent and the Full Bench having reserved judgment on the matter and judgment being de- livered on the 29th day of October, 1982 wherein the Full Bench, by majority decision, upheld the appeal and gave reasons therefore, it is this day, the 29th day of October, 1982 ordered that:— 1. The appeal be upheld; and 2. The decision of the Commission given on the 13th day of August, 1982 in matter No. 1 of 1982 be varied to provide that the respon- dent pay to the appellant (applicant) the sum of $1 630. By the Full Bench, (Sgd.) D. J. O'DEA, [L.S.] President. Western Australian Branch; The Federated Engine Drivers' and Firemen's Union of Workers of Western Australia and the United Timber Yards, Sawmills and Woodworkers Employees' Union of Western Australia, objectors, and upon being satisfied that the application, in its amended form, should be ap- proved, it is this day, the 27th day of October, 1982 ordered that the Registrar register an alteration to the rules of the applicant union as follows:— Rule 4.—Constitution: Delete subrule (1) of this rule and insert in lieu:— (1) The union shall consist of workers em- ployed or usually employed in the saw- milling, sleeper cutting and wood chip- ping industry as hereinafter defined throughout the South West Land Div- ision of the State of Western Australia excluding the locality comprised within a radius of forty five (45) kilometres from the G.P.O. Perth, together with the persons who from time to time are elected General Secretary and/or Organiser of the union. By the Full Bench, (Sgd.) D. J. O'DEA, [L.S.] President. FULL BENCH— Unions— Alteration of Rules— Timber Industry Union. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 688 or 1982. In the matter of the Industrial Arbitration Act, 1979 and in the matter of an application by The West Australian Timber Industry Industrial Union of Workers, South-West Land Division for alter- ation of rule 4.—Constitution of its registered rules. Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner G. A. Johnson. Order. THIS matter having come on for hearing before the Full Bench on the 27th day of October, 1982 and having heard Mr K. C. Caimanos on behalf of the ap- plicant union and Mr D. W. Skipworth on behalf of the Amalgamated Metal Workers and Shipwrights Union of Workers of Western Australia; The Aus- tralasian Society of Engineers, Moulders and Foundry Workers Industrial Union of Workers, FULL BENCH— Unions— Registration of— MISCELLANEOUS WORKERS, HOSPITAL, SER VICE AND MISCELLANEOUS UNION. WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. I, the undersigned Registrar of Industrial Unions, hereby give notice that, pursuant to an Order given to me by the Full Bench in an Order dated 16th July, 1982, in the matter of an application by The Feder- ated Miscellaneous Workers' Union of Australia, West Australian Branch; Hospital Employees' Indus- trial Union of Workers, W.A.; The Cleaning, Security and Allied Employees' Union; Pre-School Teachers' and Associates Union of Western Australia (Union of Workers), to register as an industrial union, a pro- posed new union to be formed by the amalgamation of the four Unions, I have this day registered the new industrial Union so formed as the Federated Miscel- laneous Workers' Union of Australia, Hospital, Ser- vice & Miscellaneous, W.A. Branch. The said order is set out at the foot of this notice. Dated at Perth this 1st day of November, 1982. K. SCAPIN, Industrial Registrar. 22201—2 2712 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 46 of 1982. In the matter of the Industrial Arbitration Act, 1979, and in the matter of an application for the regis- tration of a new union to be formed by the amal- gamation of: The Federated Miscellaneous Workers' Union of Australia, West Australian Branch, and Hospital Employee's' Industrial Union of Workers, W.A. and The Cleaning Se- curity and Allied Employees Union and Pre- School Teachers' and Associates Union of West- ern Australia (Union of Workers). Before the Full Bench. His Honour the President D. J. O'Dea. Chief Industrial Commissioner E. R. Kelly. Commissioner B. J. Collier. Order. WHEREAS the Full Bench is of opinion that regis- tration of the Society known as The Federated Mis- cellaneous Workers' Union of Australia, Hospital, Service & Miscellaneous, Western Australian Branch is desirable but for reasons published by the Presi- dent on the 18th and 24th June, 1982 considers that registration would not be likely to advance the pur- poses and objects of the Industrial Arbitration Act, 1979. And whereas it is the intention of the Full Bench to refuse to authorise registration unless the rules of the Society are amended in the manner referred to in the said reasons. And whereas upon the application and request of the Society it appears to the Full Bench expedient for the determination of this application and consistent with the aforesaid intention to authorise the Regis- trar to register the Society subject to compliance by it with the direction hereinafter referred to. Now therefore it is ordered that the Registrar be and is hereby authorised to register The Federated Miscellaneous Workers' Union of Australia, Hospital, Service & Miscellaneous, Western Australian Branch subject to compliance by it with the direction set out in the schedule hereto which direction is hereby given to the said Society. Dated at Perth this 16th day of July, 1982. By the Full Bench, (Sgd.) D. J. O'DEA, [L.S.] President. Schedule. The Federated Miscellaneous Workers' Union of Australia, Hospital, Service & Miscellaneous, West- ern Australian Branch is hereby directed as a con- dition of registration to provide by its rules within 90 days of the date hereof or such further time as the President upon application to him before the expir- ation of that time may allow, the following: 1. (1) At the end of subrule (3) of Rule 4 Eligi- bility for Membership: The provisions of this subrule shall not apply to: (a) persons who work in Professional, Administrative or * Clerical capacities; (b) persons employed in any classifi- cation which, at the 1st day of July, 1982, was covered by an award or a deemed consent award to which the Hospital Salaried Officers Associ- ation of Western Australia (Union of Workers) was a party. (2) From paragraph (9) of subrule (1) of Rule 4 delete the words "animal welfare training or care officers or workers". 2. In line 5 of Rule 9 Waiver of Requirements on Admission of Groups of Persons, after the word "any" add the word "eligible". 3. For appointment of one Secretary, allowing for a deputy and/or Assistant Secretary and for that purpose to give attention to Rules 15(1), 36 and 59(3) and other relevant rules. Dated at Perth this 16th day of July, 1982. AWARDS—Delivered— BREWING INDUSTRY AND MALTING INDUSTRY. Award No. 33 of 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. A33 of 1982. Between The Breweries and Bottleyards Employees' Industrial Union of Workers of Western Aus- tralia, Applicant and The Swan Brewery Company Limited, The Kalgoorlie Brewing Company, Barrett Burston (Australia) Limited, and K.B.B. Malting Co. Pty. Ltd., Respondents. Consent Award. HAVING heard Mr J. Madden on behalf of the ap- plicant. Mr G. R. Gillies and Mr P. J. McGuire on be- half of the respondents, and Mr A. J. Marks intervening on behalf of the Amalgamated Metal Workers and Shipwrights Union of Western Aus- tralia and the Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth, the Commission by consent of the abovementioned par- ties, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby makes the following award— 1.—Title. This Award shall be known as The Brewing Indus- try and Malting Industry Award 1982 and shall re- place Award No. C368C of 1979 as amended and con- solidated. 2.—Scope. The provisions of this Award shall apply to the re- spondents named in the Schedule attached to this Award and the workers employed by the said respon- dents in the classifications contained in each Part of this Award. 3.—Arrangement. 1. Title. 2. Scope. 3. Arrangement. 4. Term. 5. Area. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2713 PART 1— SWAN BREWERY COMPANY LIM- ITED—CANNING VALE. 1.1 Definitions. 1.2 Contract of Service. 1.3 Overtime. 1.4 Smokos. 1.5 Casual Workers. 1.6 Annual Leave. 1.7 Sick Leave. 1.8 Long Service Leave. 1.9 Compassionate Leave. 1.10 Annual Bonus. 1.11 Record. 1.12 Board of Reference. 1.13 Cartage Contractors. 1.14 Hours. 1.15 Shiftwork. 1.16 Holidays. 1.17 Protective Clothing. 1.18 Lunch Intervals. 1.19 Disputes Settlement Procedure. 1.20 Rates of Pay and Allowances. PART 2— KALGOORLIE BREWING COMPANY. 2.1 Definitions. 2.2 Contract of Service. 2.3 Overtime. 2.4 Smokos. 2.5 Casual Workers. 2.6 Annual Leave. 2.7 Sick Leave. 2.8 Long Service Leave. 2.9 Compassionate Leave. 2.10 Annual Bonus. 2.11 Record. 2.12 Board of Reference. 2.13 Cartage Contractors. 2.14 Hours. 2.15 Shiftwork. 2.16 Holidays. 2.17 Protective Clothing. 2.18 Lunch Intervals. 2.19 Rates of Pay and Allowances. PART 3— BARRETT BURSTON (AUSTRALIA) LIMITED AND K.B.B. MALTING CO. PTY LTD. 3.1 Definitions. 3.2 Contract of Service. 3.3 Overtime. 3.4 Smokos. 3.5 Casual Workers. 3.6 Annual Leave. 3.7 Sick Leave. 3.8 Long Service Leave. 3.9 Compassionate Leave. 3.10 Annual Bonus. 3.11 Record. 3.12 Board of Reference. 3.13 Hours. 3.14 Shift Work. 3.15 Holidays. 3.16 Protective Clothing. 3.17 Lunch Intervals. 3.18 Rates of Pay and Allowances. Schedule of Respondents. 4.—Term. (1) This award shall operate from the 19th day of October, 1982, and shall remain in force for a period of one year provided that, subject to subclause (2) of this clause, the rates and conditions contained herein shall take effect from the beginning of the first pay period commencing on or after the 1st day of September, 1982. (2) Clause 13.—Hours, of Part 3—Barrett Burston (Australia) Limited and K.B.B. Malting Co. Pty Ltd, shall have effect from the beginning of the first pay period commencing on or after the 1st day of December, 1982. 5.—Area. This Award shall have effect over the State of Western Australia. PART 1 SWAN BREWERY COMPANY LIMITED—CANNING VALE. 1. 1.—Definitions. (1) "Casual Worker" for the purposes of this Part shall mean any worker who is employed for less than 32 ordinary hours 7.00 a.m. to 5.30 p.m. Monday to Friday. (2) "Leading Hand" is a worker who is in charge of and responsible for the work of others. (3) When relating to periods of leave and ser- vice—"Month" shall mean calendar month and "Week" shall mean calendar week. (4) "Day" shall mean one day of eight ordinary working hours. 1. 2.—Contract of Service. (1) The contract of employment pursuant to this Part shall be weekly (except as to casual workers); Provided however:— (a) During the first month of service, one day's notice on either side shall be necessary to terminate the contract of service of a worker. If the required notice is not given one day's wages shall be paid or forefeited. (b) After the first month, one week's notice on either side shall be necessary to terminate the contract of service of a worker. If the re- quired notice is not given four days' wages shall be paid or forfeited. (c) For the purpose of this subclause notice given at or before the usual starting time for any ordinary working day shall be deemed to expire at the completion of that day's work. (2) The services of a worker may be terminated where the worker has without reasonable excuse or permission of the employer absented himself from duty, refused to obey the lawful instructions of the employer or been guilty of misconduct justifying dismissal when such services may be terminated im- mediately. 1. 3.—Overtime. (1) (a) All work performed outside the ordinary hours of duty Monday to Friday inclusive (including rostered shifts) shall be paid for at the rate of time and a half for the first two hours and double time thereafter. (b) Work performed on a Saturday, Sunday or the worker's rostered day off, shall be paid for at the rate of double time with a minimum of four hours' pay. (2) (a) All workers covered by this award, if re- quired to work more than one hour overtime after the normal finishing time shall be entitled to a meal allowance of $3.25. (b) Workers if required to work more than two hours after the normal finishing time shall be en- titled to knock off for a meal break of not more than 30 minutes' duration. (3) An employee may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement. 1. 4.—Smokos. (1) All day workers shall be entitled to a smoko of ten minutes duration between 9.30 a.m. and 10.30 a.m. and between 2.00 p.m. and 3.10 p.m. 2714 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (2) The provisions of this clause shall not apply to shift workers. 1. 5.—Casual Workers. Casual workers shall be paid by the hour at the ordinary rate of pay plus 15 per cent. 1. 6.—Annual Leave. (1) An employer shall grant a worker who has com- pleted 12 months' service 140 hours' annual leave. Seventy of the said 140 hours shall be paid on double pay and 70 on ordinary pay. (a) Pro rata leave payment on the foregoing basis shall be granted to workers who have completed three months' or more service. (b) Pro rata leave payment on the basis of 140 hours' annual leave at the ordinary rate of pay shall be granted to those workers who have completed one month but less than three months' service. (c) The said payments shall be made to a worker entitled thereto— (i) on the termination of his service if such termination occurs before he takes his leave; or (ii) on the taking of his annual leave if he remains in the service of his em- ployer. (2) It shall be a condition of every worker taking annual leave that he:— (a) shall not under any circumstances be en- gaged in any gainful employment while on such leave; (b) shall return to the active service of the em- ployer forthwith at the expiration of leave; and (c) shall not draw any sick or accident pay sim- ultaneously with annual leave. A breach of condition (a) above will result in im- mediate discharge from the employer's service accompanied by forfeiture of all rights (if any) to re- tiring allowance or other similar payments or ben- efits. A breach of condition (b) except as on the grounds of illness necessitating retirement (or additional leave on the advice of a medical officer) will result in forfeiture of all rights (if any) to retiring allowance or other similar benefits or payments. "Pay" for the purposes of this clause shall mean the appropriate wage rate set out in Clause 1.20.—Rates of Pay and Allowances together with any other payments the subject of agreement be- tween the parties. (3) In addition to existing payments, a shift pre- mium will be paid when shift workers take annual leave. To qualify as a shift worker for this purpose, a worker must have worked for at least six months on shift work during the qualifying period for the leave. This qualifying period is not affected by the time the leave is actually taken. Where a worker has qualified as a shift worker, as defined above, the calculation of the shift premium shall be on the following basis:— (a) Where on a 3-shift roster for the full qualify- ing period, or where the majority of time ac- tually worked on shift work during this period is on a 3-shift roster, the premium will be 14 per cent. (b) Where on a 2-shift roster for the full qualify- ing period, or where the majority of time ac- tually worked on shift work is on a 2-shift roster, the premium will be 12'A per cent. The employers agree to consult with the union to work out acceptable annual leave rostering. 1. 7.—Sick Leave. (1) A worker who is unable through sickness or ac- cident to attend his duties shall notify the employer not later than 10.00 a.m. on the first day for day workers and day shift workers, and not later than 2.00 p.m. in the case of afternoon shift and 10.00 p.m. in the case of night shift workers. (2) A worker shall be entitled to paid sick leave from his accumulated entitlement in respect of any period of absence on account of illness. Sick leave en- titlements shall accumulate on the following basis and be calculated pro rata for each completed month of service:— (a) For service after 1st January 1948 to 1st January, 1975, six days per annum. (b) For service after 1st January, 1975 to 1st January, 1979, nine days per annum. (c) For service after 1st January, 1979, 10 days per annum. Provided that in calculating the amount due to a worker through sickness, there shall be deducted therefrom any sum or sums previously paid to him hereunder. (3) The term "sickness" shall not include any case where the worker is entitled to compensation under the Workers' Compensation Act. (4) Provided that no worker employed under the provisions of this Part shall be entitled to the ben- efits of this clause unless he produces proof of his sickness satisfactory to his employer. If requested, this proof may be in the form of a Medical Certificate. (5) Except as aforesaid, a worker shall not be en- titled to payment for time lost through sickness or accident. (6) Notwithstanding the foregoing provisions of this clause, a worker, or in the event of a worker's death his next-of-kin, shall be entitled to receive pay- ments at the appropriate rate for any sick leave ac- cumulated under the provisions of subclause (2) hereof, if he:— (a) is compelled to retire from the industry upon reaching the age of 65 years; or (b) elects to retire from the industry prior to attaining the age of 65 years and becomes eligible for a Service Pension under the pro- visions of the Repatriation Act; or (c) Is granted Retirement Benefits under the provisions of The Swan Brewery Group Superannuation Fund's Trust Deed and Rules; or (d) Dies while employed in the industry. Provided that in calculating a worker's entitlement for payment under the provisions of this subclause a maximum of six days per annum shall accumulate and any part of the first six day's leave taken in any one year shall be deducted from any amount of leave which may have accumulated under the provisions of subclause (2) hereof. (7) Where a worker on annual or long service leave becomes ill or meets with an accident and forwards within 48 hours of such illness or accident a Doctor's Certificate satisfactory to the employer for a period of not less than four working days, the employer will add the lost days due to such genuine sickness or ac- cident to the worker's leave or make this time available to him at some other mutually convenient time, such option to be at the discretion of the em- ployer. 1. 8.—Long Service Leave. 1.—Right to Leave. A worker shall as herein provided be entitled to leave with pay in respect of Long Service. 2.—Long Service. (1) The long service which shall entitle a worker to such leave shall subject as herein provided, be con- tinuous service with one and the same employer. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2715 (2) Such service shall include service prior to the 1st day of April, 1958, if it continued until such time but only to the extent of the last 20 completed years of continuous service. (3) (a) Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called the "Transmittor") to another employer (herein called "the Transmittee") and a worker who at the time of such transmission was a worker of the transmittor in that business becomes a worker of the transmittee—the period of continuous service which the worker has had with the transmittor (including any such service with any prior transmittor) shall be deemed to be service of the worker with the transmittee. (b) In this subclause "transmission" includes transfer conveyance assignment or succession whether voluntary or by agreement or by operation of law and "transmitted" has a corresponding meaning. (4) Such service shall include:— (a) Any period of absence from duty or any annual leave or long service leave; (b) Any period following any termination of the employment by the employer if such termin- ation has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any Award in respect of annual leave. (c) Any period during which the service of a worker was or is interrupted by service— (i) as a member of the Naval, Military or Air Force of the Commonwealth of Australia other than as a member of the British Commonwealth Occu- pation Forces in Japan, and other than as a member of the Permanent Forces of the Commonwealth of Aus- tralia except in the circumstances referred to in section 31(2) of the De- fence Act, 1903-1956, and except in Korea or Malaya after 26th June, 1950; (ii) as a member of the Civil Construction Corps established under the National Security Act 1939-1950; (iii) in any of the Armed Forces under the National Service Act 1951 (as amended). Provided that the worker as soon as reasonably practicable on the completion of any such service resumed or resumes em- ployment with the employer by whom he was employed immediately before the com- mencement of such service. (5) Service shall be deemed to be continuous notwithstanding:— (a) the transmission of a business as referred to in paragraph (3) hereof; (b) any interruption of a class referred to in paragraph (4) hereof irrespective of the dur- ation thereof; (c) any absence from duty authorised by the employer; (d) any absence from duty arising directly or in- directly from an industrial dispute if the worker returns to work in accordance with the terms of settlement of the dispute; (e) any standing down of a worker in accord- ance with the provisions of any award, in- dustrial agreement or determination under either Commonwealth or State Law; (f) any termination of the employment of the worker on any ground other than slackness of trade if the worker be re-employed by the same employer within a period not ex- ceeding two months from the date of such termination; (g) any termination of the employment by the employer on the ground of slackness of trade if the worker is re-employed by the same employer within a period not exceeding six months from the date of such termination; (h) any reasonable absence of the worker on legitimate Union business in respect of which he has requested and been refused leave; (i) any absence from duty after the coming into operation of this clause by reason of any cause not specified in this clause unless the employer during the absence or within 14 days of the termination of the absence noti- fied the worker in writing that such absence will be regarded as having broken the conti- nuity of service, which notice may be given by delivery to the worker personally or by posting it by registered mail to his last re- corded address in which case it shall be deemed to have reached him in due course of post. Provided that the period of any absence from duty or the period of any interruption referred to in placita (c) to (i) inclusive of this paragraph shall not (except as set out in paragraph (4) of this subclause) count as service. 3.—Period of Leave. (1) The leave to which a worker shall be entitled or deemed to be entitled shall be as provided in this subclause. (2) Subject to the provisions of paragraphs (5) and (6) of this subclause where a worker has completed at least ten (10) years' service the amount of leave shall be— (a) in respect of 10 years' service so com- pleted—455 hours' leave; (b) in respect of each subsequent 10 years' ser- vice completed after such 10 years—455 hours' leave; (c) on the termination of the worker's employ- ment— (i) by his death; (ii) in any circumstances otherwise than by the employer for serious miscon- duct, in respect to the number of years' service with the employer completed since he last became entitled to an amount of long service leave a proportionate amount on the basis of 455 hours for 10 years' service. (3) Subject to the provisions of paragraph (6) of this subclause where a worker has completed at least seven years' service but less than 10 years' service since the commencement and his employment is ter- minated— (i) by his death; (ii) in any circumstances otherwise than by his employer for serious misconduct, the amount of leave shall be such proportion of 455 hours' leave as the number of completed years of such service bears to 10 years. (4) In the case to which paragraphs (2) (c) and (3) hereof apply the worker shall be deemed to have been entitled to and to have commenced leave immedi- ately prior to such termination. (5) A worker whose service with an employer would entitle him to long service leave under this clause shall be entitled to leave calculated on the following basis— (a) For each completed year of service or part thereof commencing before 1st October, 1964, an amount of leave calculated on the basis of 455 hours' leave for 20 years' ser- vice. 2716 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. (b) For each completed year of service or part thereof commencing after 1st October, 1964, and before 1st April, 1979, an amount of leave calculated on the basis of 455 hours' leave for 15 years' service. (c) For each completed year of service or part thereof commencing after 1st April, 1979, an amount of leave calculated on the basis of 455 hours' leave for 10 years' service. (6) A worker to whom paragraphs (2) (c) and (3) of this subclause apply shall be entitled to an amount of long service leave calculated on the following basis— (a) for each completed year of service or part thereof commencing before 1st October, 1964, an amount of leave calculated on the basis of 455 hours' leave for 20 years' ser- vice; and (b) for each completed year of service or part thereof commencing after 1st October, 1964 and before 1st April, 1979, an amount of leave calculated on the basis of 455 hours' leave for 15 years' service. (c) For each completed year of service or part thereof commencing after 1st April, 1979, an amount of leave calculated on the basis of 455 hours' leave for 10 years' service. Provided that such worker shall not be entitled to long service leave until his com- pleted years of service entitle him to the amount of long service leave prescribed by (2) (a) of this subclause. (d) Subject to subclause (1) (a) and (b) of Clause (5) hereof any worker entitled to leave under paragraph (2) (b) of Clause 3 may elect to take whatever leave has ac- crued due to him when he has completed not less than seven years' service and not more than 10 years' service after the completion of his last entitlement to Long Service Leave provided one year's notice of intention is given to the employer. 4.—Payment for Period of Leave. (1) A worker shall subject to paragraph (3) of this subclause be entitled to be paid for each week of leave or part thereof to which he has become entitled or is deemed to have become entitled the ordinary time rate of pay applicable to him at the date he com- menced such leave. (2) Such ordinary time rate of pay shall be at the rate applicable to him for the standard weekly hours which are prescribed by this award. (3) Where by agreement between the employer and the worker the commencement of the leave to which the worker is entitled or any portion thereof is post- poned to meet the convenience of the worker, the rate of payment for such leave shall be at ordinary time rate of pay applicable to him at the date of ac- crual, or if so agreed at the ordinary time rate of pay applicable at the date he commences such leave. (4) The ordinary time rate of pay— (a) shall include any deductions from wages for board and/or lodging or the like which is not provided and taken during the period of leave; (b) shall not include shift premiums, overtime, penalty rates, commission, allowances or the like. 5.—Taking Leave. (1) In a case to which placita (a) and (b) of para- graph (2) of subclause (3) applies:— (a) Leave shall be granted and taken as soon as reasonably practicable after the right thereto acrued due or at such time as may be agreed between the employer and the worker or in the absence of such agreement at such time as may be determined by a Board of Reference having regard to the needs of the employer's establishment and the worker's circumstances. (b) Except where the time for taking leave is agreed to by the employer and the worker or determined by a Board of Reference, the employer shall give to a worker at least one month's notice of the date from which his leave is to be taken. (c) Where a worker is beyond 60 years of age at the time he becomes eligible for long service leave, he shall have the option of taking actual leave under this scheme or of receiv- ing payment in lieu thereof on retirement. Such option shall be exercised in writing, addressed to the employer at the time of be- coming eligible for long service leave. (d) The employer shall have the right in cases of emergency to recall any worker from long service leave, in which case the unexpired leave shall be made up on some mutually convenient date. (e) Any leave shall be exclusive of any public holidays or annual leave specified in this award occurring during the period when the leave is taken. (f) Payment shall be made in one of the follow- ing ways— (i) in full before the worker goes on leave; (ii) at the same time as his wages would have been paid to him if the worker had remained at work, in which case payment shall, if the worker in writing so requires, be made by cheque posted to an address specified by the worker; or (iii) in any other way agreed upon be- tween the employer and the worker. (g) It shall be a condition of every worker taking long service leave that he (or she)— (i) shall not under any circumstances be engaged in any gainful employment while on such leave; (ii) shall return to the active service of the employer forthwith at the expir- ation of the leave; and (iii) shall not draw any sick or accident pay simultaneously with long service leave pay. A breach of condition (i) above will result in immediate discharge from the employer's service accompanied by forfeiture of all rights (if any) to retiring allowance or other similar payments or benefits. A breach of condition (ii) above (except as on the grounds of illness necessitationg retirement or additional leave on the advice of a Medi- cal Officer appointed by the employer) will result in forfeiture of all rights (if any) to re- tiring allowance or other similar benefits or payments. (2) In a case to which paragraph (2) (c) or para- graph (3) of subclause (3) applies and in any case in which the employment of the worker who has become entitled to leave hereunder is terminated before such leave is taken or fully taken, the employer shall upon termination of his employment otherwise than by death pay to the worker and upon termination of em- ployment by death pay to the personal representative of the worker upon request the amount which would have been payable in respect of the period of leave to which he is entitled or deemed to have been entitled and which would have been taken but for such ter- mination. Such payment shall be deemed to have sat- isfied the obligation of the employer in respect of leave hereunder. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2717 6.—Granting Leave in Advance and Benefits to be brought into Account. (1) Any employer may by agreement with a worker allow leave to such a worker before the right thereto has accrued due but where leave is taken in such a case the worker shall not become entitled to any further leave hereunder in respect of any period until after the expiration of the period in respect of which such leave had been taken before it accrued due. (2) Where leave has been granted to a worker pur- suant to the preceding paragraph before the right thereto accrued due, and the employment sub- sequently is terminated the employer may deduct from whatever remuneration is payable upon the ter- mination of the employment such amount as rep- resents payment for any period for which the worker has been granted long service leave to which he is not at the date of termination of his employment or prior thereto entitled. (3) Any leave in the nature of long service leave or payment in lieu thereof under a State Law or a long service leave scheme not under the provisions hereof granted to a worker by the employer in respect of any period of service with the employer shall be taken into account whether the same is granted before or after the coming into operation hereof and shall be deemed to have been leave taken and granted hereunder in the case of leave with pay equivalent to the amount of the payment and to the satisfaction to the extent thereof the entitlement of the worker hereunder. 7.—Record to be Kept. (1) Each employer shall during the employment and for a period of 12 months thereafter or in the case of termination by death of a worker a period of three years thereafter, keep a record from which can be readily ascertained the name of each worker and his occupation, the date of the commencement of his employment and his entitlement to long service leave and any leave which may have been granted to him or in respect of which payment may have been made hereunder. (2) Such record shall be open for inspection in the manner and circumstances prescribed by this award with respect to the time and wages record. 1. 9.—Compassionate Leave. A worker shall be entitled to leave of absence of not more than three working days in any one year due to the death or unexpected critical illness of a member of the worker's immediate family (i.e. wife, parent, child, brother or sister) in Australia but only if and to the extent that his absence was necessary. "Year" for the purpose of this clause shall mean 1st January to 31st December. 1.10.—Annual Bonus. The employer shall pay to each worker receiving wages an annual bonus of 35 hours' pay. The said bonus shall be accumulated by the employer and held on behalf of and paid to the worker entitled thereto in the month of December in each year or on the earlier termination of his service on a pro rata basis based on completed weeks of service. 1.11.—Record. Each employer shall keep a record of the name of each worker, the time he starts and finishes each day, total number of hours worked, overtime worked and wages paid to each worker, and such record shall be open to the inspection of the Secretary or any other person appointed by the Union during working hours. Each worker shall when required sign the record kept for all moneys received by Mim. 1.12.—Board of Reference. The Board of Reference created by section 48 of the Industrial Arbitration Act, 1979, shall consist of persons appointed in accordance with that Act and the regulations made thereunder. The Board of Reference is hereby assigned the function of determining any dispute between the par- ties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference. 1.13.—Cartage Contractors. (1) Any work performed by a worker falling within the classifications contained in Clause 1.20—Rates of Pay and Allowances of this Part (except persons em- ployed by contractors erecting, repairing or making alterations to buildings or machinery or to carriers engaged in delivery of goods other than beer) in or about a Brewery or Bottling Works or in connection with the business of brewing or bottling beer, shall be carried out by bona fide Brewery workers engaged and paid direct by the respondent to this Part. (2) When cartage contractors are employed de- livering beer, the employers of such contractors shall pay their workers wage rates prescribed by this Part. For the purpose of this subclause, wage rates shall in- clude the wage prescribed in Clause 1.20.—Rates of Pay and Allowances herein and any above award rate negotiated between the parties to this Part from time to time. (3) Cartage contractor workers employed as per subclause (2) hereof shall be entitled to the pro- visions of this Part in respect to hours, overtime, lunch intervals and smokos. 1.14.—Hours. The scheduling of work will be based on the con- cept of a 35-hour week and hourly rates will be calcu- lated accordingly. Eight hours shall constitute the ordinary hours per day which for workers other than shift workers shall be worked between 7.00 a.m. and 5.30 p.m. Starting and finishing times other than these may be agreed between the Union and the Company. The days to be worked during the calendar year commencing 1st January will be mutually agreed by the employer and the union on or before 30th September in the previous year. In determining the working days, the following principles will be ob- served— (a) Maintenance of the eight (8) ordinary hour working day. (b) Ordinary hours shall not exceed 40 per week. (c) Fortnightly pay equalisation on the basis of payment of 35 ordinary hours per week (reduced by the hours of unpaid absences) irrespective of the ordinary hours worked and the accrual of the difference between or- dinary hours scheduled for that week and 35, for continuing offset adjustment ex- pressed in hours or, on termination by mon- etary settlement. (d) Maximise the number of 4 working day weeks. (e) Maximise the number of 3-day weekend breaks. 1.15.—Shiftwork. (1) The provisions of this clause apply to shift work. (2) A worker may be employed— (a) On "Regular Shift Work" that is, in regular rotation from week to week on two or three shifts spread over 16 or 24 hours respect- ively. 2718 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (b) On "Casual Shift Work" that is, on one weekly shift only worked in any department. (3) Hours—Shift Workers— (a) The ordinary hours of shift workers shall not exceed: (i) eight in one day; (ii) 40 in any one week. (b) The spread of ordinary hours for the work- ing of shifts, including casual shifts, shall be: Day Shift: 7.00 a.m. to 4.00 p.m. Afternoon Shift: 3.00 p.m. to 12 midnight. Night Shift: 11.00 p.m. to 8.00 a.m. inclusive of 30 minutes crib time which shall be counted as time worked. Starting and fin- ishing times other than these may be agreed between the Union and the Company. (4) Shift Payments: Shift workers will be paid shift allowances as fol- lows for all shifts the major portion of which falls on a day Monday to Friday inclusive: (a) Day Shift: 10 per cent of ordinary rate of pay. (b) Afternoon Shift: 15 per cent of ordinary rate of pay. (c) Night Shift: 17.5 per cent of ordinary rate of pay. (d) Casual Shift: 17.5 per cent of ordinary rate of pay. (e) Subject to the provisions of subclause (7) Weekend Shift Payments, the allowances mentioned in (a) to (d) hereof shall be taken into consideration in calculating overtime rates but shall not be included for the pur- pose of calculating any other penalty rates under this Award. (5) Shift Overtime: Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this Part or on a shift other than a rostered shift shall be paid at the rate of time and a half for the first two hours and double time thereafter except in each case when the time is worked by arrangement between the workers themselves for the purpose of effecting customary rotation of shifts. (6) In the case of both regular and casual shift work, the first shift of the week shall begin on Sunday at or after 11.00 p.m. Duty rosters shall be posted on the last ordinary working day in each week and shall show the starting and finishing times of each worker during each week. These starting and finishing times shall be rigidly adhered to. (7) Weekend Shift Payments: Double time shall be paid for any shift the major portion of which falls on a Saturday, Sunday or the worker's rostered day off. Such rate shall be in sub- stitution for and not cumulative upon the shift pre- miums prescribed in subclause (4) hereof. 1.16.—Holidays. (1) The following days shall be observed as hol- idays without deduction of pay:— New Year's Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, State Foundation Day, Sovereign's Birth- day, Christmas Day and Boxing Day pro- vided that— (2) Where any of the above holidays fall on a Saturday or a Sunday the following Monday shall be observed in lieu thereof and that when Boxing Day falls on a Sunday or Monday, the following Tuesday shall be observed in lieu thereof. (3) Where work is performed on any of the above holidays, payment in addition to the day's pay shall be at double time with a four hour minimum. 1.17.—Protective Clothing. (1) The employer agrees to supply boots to all workers to be worn during working hours, same to be supplied free of cost by the employer. Provided that should a worker terminate his employment within two weeks of being hired, the cost of such footwear shall be met by the worker. (2) Workers will be issued as soon as practicable after commencement of employment with shirt and trouser sets to be laundered by the employer. As these are hired by the Company, all uniforms must be returned or paid for at cost on termination. Such clothing when issued must be worn during working hours or for travelling to and from work only. (3) Overalls will be issued to workers and laun- dered in accordance with the requirements of the job. (4) The employer shall provide pullovers for the use of workers employed in cold cellars. The pull- overs will remain the property of the employer who will also arrange to have them laundered from time to time. (5) The employer shall provide waterproof clothing for drivers and other workers who, by agreement be- tween the parties to this Part, are deemed to be working outside in cold and wet conditions. The clothing is to remain at all times the property of the employer. 1.18.—Lunch Intervals. (1) A lunch interval of 30 minutes duration shall be taken between 12 noon and 1.30 p.m. (2) No lunch interval shall commence later than 1.00 p.m. (3) Workers who are required to commence duties earlier than 7.30 a.m. shall commence their lunch interval not later than 12 noon. 1.19.—Dispute Settlement Procedure. (1) It is the intention of this procedure to eliminate disputes which are liable to cause work stoppages and loss of earnings. It is agreed that every endeavour will be made to amicably settle any dispute which may arise. (2) Where a grievance or dispute arises at work, any worker is entitled to raise the matter with the ap- propriate Foreman or Supervisor. (3) If satisfaction is not achieved or in cases where the worker so desires, the worker concerned may refer the matter to the Shop Steward for his area, or his Union nominated deputy who shall discuss the matter with the appropriate Foreman, Supervisor or Manager. (4) If satisfaction is not achieved, the Shop Stew- ard shall refer the matter to the Union Secretary who shall discuss the matter with the appropriate rep- resentative of the Company. (5) When the matter cannot be agreed by nego- tiation or conciliation, either party may take steps to place the matter before an official of the W.A. Indus- trial Commission. (6) Throughout the foregoing procedure, normal work shall continue. (7) Each of the foregoing steps shall be followed in good faith and without any undue or unreasonable delay by any party. (8) In the event of the foregoing procedure not being observed in any instance, the other party to the dispute may take any such step or steps as many be open to him to deal with the situation. (9) In the event of the Union Secretary being unavailable, the convenor of Shop Stewards or failing him his nominated deputy, shall initially act. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2719 1.20.—Rates of Pay and Allowances. (1) Rates of Pay—the minimum weekly rate pay- able to workers covered by Part 1 of this Award shall be as follows:— Classifications: (a) Transport— (i) Leading Hand Driver (ii) Driver of a Semi-Trailer with a capacity of 15.25 tonnes (iii) Driver of a Tandem/Semi- trailer with a capacity of 9-15 tonnes (iv) Driver of a vehicle with a carrying capacity of 5-9 tonnes (v) Driver of a vehicle other than cars with a carrying capacity up to 5 tonnes (vi) Car Driver other than Execu- tive Driver (vii) Executive Driver (viii) Leading Hand Fork Lift Driver (ix) Fork Lift Driver (x) Front End Loader Driver (xi) Tractor Driver (xii) Shunter Tractor Driver 314.50 309.40 305.70 299.50 292.70 286.50 291.40 302.40 287.40 287.40 286.20 299.50 (b) Sales Service Department— (i) Sales Service Technician Grade 1 298.30 (ii) Sales Service Technician Grade 2 295.10 (c) Cellars and Brewhouse— (i) Cellars/Brewhouse Operator... 288.70 (ii) Auto Jet Filter Operator 291.70 (d) Bottling and Kegging (i) Leading Hand 291.70 (ii) Filler Operator 282.20 (iii) Labeller Operator 276.70 (iv) Packer Operator 276.70 (v) Palletiser Operator 276.70 (vi) Greaser 276.70 (vii) Flash Pasteuriser Operator 282.20 (viii) Depalletiser Operator 276.70 (ix) Bottle Washer Operator Infeed 276.70 (x) Bottle Washer Operator Dis- charge 276.70 273.70 276.70 282.20 (e) Miscellaneous— (i) Tally Man at Rail 273.70 (ii) Storeman 276.70 (iii) Waste Water Treatment Plant Operator 282.20 (f) All other adult workers employed in or about a Brewery, Bottling Works or Bottleyard 267.60 (2) Allowances. (a) The rates prescribed for workers in Cellars and Brewhouses in subclause (1) (c) of this clause include allowance for temperature. (b) A worker who holds a current Certificate of first Aid, and is nominated by the employer to perform First Aid duties as required in addition to normal duties in any week, shall be paid an allowance of five dollars eighty cents ($5.80) for that week in addition to the rates prescribed herein. (c) Workers other than those paid under the provisions of subclause (1) (c) hereof who are required to work in areas where the tem- perature has by artificial means been de- creased below 7° Celsius or increased above 43°Celsius shall be paid a rate of 21 cents per hour for any period in which they are so employed in these areas. (d) Workers engaged on work which is con- sidered by agreement between the parties to the award to be of a dirty or offensive nature shall be entitled to be paid at the rate of 21 cents per hour in addition to the rates pre- scribed herein for their ordinary classifi- cation for all time which they may be em- ployed at this class of work. (e) Workers required to work in areas defined by the parties to this award as confined spaces, shall be paid at a rate of 21 cents per hour in addition to the rates prescribed herein for their ordinary classification for all time which they may be employed at this class of work. (f) Boiler Cleaning (which shall include scraping, cleaning and painting cylinders): For all time which they may be employed at this class of work, workers shall be entitled to be paid at the rate of 21 cents per hour in addition to the rates prescribed herein for their ordinary classification. PART 2—KALGOORLIE BREWING COMPANY. 2.1.—Definitions. (1) "Casual Worker" for the purposes of this Part shall mean any worker who is employed for less than 40 ordinary hours 7.30 a.m. to 5.30 p.m. (2) "Leading Hand" is a worker who is in charge of and responsible for the work of others. (3) When relating to periods of leave and ser- vice—"Month" shall mean calendar month and "Week" shall mean calendar week. (4) "Day" shall mean one day of eight ordinary working hours. 2.2.—Contract of Service. (1) The contract of employment pursuant to this Part shall be weekly (except as to casual workers); Provided however— (a) During the first month of service, one day's notice on either side shall be necessary to terminate the contract of service of a worker. If the required notice is not given one day's wages shall be paid or forfeited. (b) After the first month, one week's notice on either side shall be necessary to terminate the contract of service of a worker. If the re- quired notice is not given one week's wages shall be paid or forfeited. (c) For the purpose of this subclause notice given at or before the usual starting time for any ordinary working day shall be deemed to expire at the completion of that day's work. (2) The services of a worker may be terminated where the worker has without reasonable excuse or permission of the employer absented himself from duty, refused to obey the lawful instructions of the employer or been guilty of misconduct justifying dis- missal when such services may be terminated im- mediately. 2. 3.—Overtime. (1) (a) All work performed outside the ordinary hours of duty Monday to Friday inclusive (including rostered shifts) shall be paid for at the rate of time and a half for the first two hours and double time thereafter. (b) Work performed on a Saturday or a Sunday shall be paid for at the rate of double time with a minimum of four hours' pay. (2) (a) All workers covered by this award, if re- quired to work more than one hour overtime after the normal finishing time shall be entitled to a meal al- lowance of $3.25. 2720 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. (b) Workers if required to work more than two hours after the normal finishing time shall be en- titled to knock off for a meal break of not more than 30 minutes' duration. (3) An employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement. 2. 4.—Smokos. (1) All day workers shall be entitled to a smoko of 10 minutes duration between 9.30 a.m. and 10.30 a.m. and between 2.00 p.m. and 3.10 p.m. (2) The provisions of this clause shall not apply to shift workers. 2. 5.—Casual Workers. Casual workers shall be paid by the hour at the or- dinary rate of pay plus 15 per cent. 2.6.—Annual Leave. (1) An employer shall grant a worker who has com- pleted twelve months' service four weeks' annual leave. Two of the said four weeks shall be paid on double pay and two on ordinary pay. (a) Pro rata leave payment on the foregoing basis shall be granted to workers who have completed three months' or more service. (b) Pro rata leave payment on the basis of four weeks' annual leave at the ordinary rate of pay shall be granted to those workers who have completed one month but less than three months' service. (c) The said payments shall be made to a worker entitled thereto— (i) on the termination of his service if such termination occurs before he takes his leave; or (ii) on the taking of his annual leave if he remains in the service of his em- ployer. (2) It shall be a condition of every worker taking • annual leave that he— (a) shall not under any circumstances be en- gaged in any gainful employment while on such leave; (b) shall return to the active service of the em- ployer forthwith at the expiration of leave; and (c) shall not draw any sick or accident pay sim- ultaneously with annual leave. A breach of condition (a) above will result in im- mediate discharge from the employer's service ac- companied by forfeiture of all rights (if any) to retir- ing allowance or other similar payments or benefits. A breach of condition (b) except as on the grounds of illness necessitating retirement (or additional leave on the advice of a medical officer) will result in forfeiture of all rights (if any) to retiring allowance or other similar benefits or payments. "Pay" for the purposes of this clause shall mean the appropriate wage rate set out in Clause 2.19.—Rates of Pay and Allowances together with any other payments the subject of agreement be- tween the parties. (3) In addition to existing payments, a shift pre- mium will be paid when shift workers take annual leave. To qualify as a shift worker for this purpose, an employee must have worked for at least six months on shift work during the qualifying period for the leave. This qualifying period is not affected by the time the leave is actually taken. Where an em- ployee has qualified as a shiftworker, as defined above, the calculation of the shift premium shall be on the following basis. (a) Where on a 3-shift roster for the full qualify- ing period, or where the majority of time ac- tually worked on shift work during this period is on a 3-shift roster, the premium will be 14 per cent. (b) Where on a 2-shift roster for the full qualify- ing period, or where the majority of time ac- tually worked on shift work is on a 2-shift roster, the premium will be 10 per cent. The employers agree to consult with the union to work out acceptable annual leave rostering. 2. 7.—Sick Leave. (1) A worker who is unable through sickness or ac- cident to attend his duties shall notify the employer not later than 10.00 a.m. on the first day for day workers, and day shift workers, and not later than 2.00 p.m. in the case of afternoon shift and 10.00 p.m. in the case of night shift workers. (2) A worker shall be entitled to paid sick leave from his accumulated entitlement in respect of any period of absence on account of illness. Sick leave en- titlements shall accumulate on the following basis and be calculated pro rata for each completed month of service:— (a) For service after 1st January, 1948 to 1st January, 1975, six days per annum. (b) For service after 1st January 1975 to 1st January 1979, nine days per annum. (c) For service after 1st January 1979, 10 days per annum. Provided that in calculating the amount due to a worker through sickness, there shall be deducted therefrom any sum or sums previously paid to him hereunder. (3) The term "sickness" shall not include any case where the worker is entitled to compensation under the Workers' Compensation Act. (4) No worker shall be entitled to the benefits of this clause unless he produces proof of his sickness satisfactory to his employer. This proof shall be in the form of a medical certificate if the absence is for three days or more, provided that a medical certificate may be required for any absence after a worker has claimed in the aggregate four days' ab- sence in any one year. (5) Except as aforesaid, a worker shall not be en- titled to payment for time lost through sickness or accident. (6) Notwithstanding the foregoing provisions of this clause, a worker, or in the event of a worker's death his next-of-kin, shall be entitled to receive pay- ments at the appropriate rate for any sick leave ac- cumulated under the provisions of subclause (2) hereof, if he— (a) is compelled to retire from the industry upon reaching the age of 65 years; or (b) elects to retire from the industry prior to at- taining the age of 65 years and becomes eli- gible for a Service Pension under the pro- visions of the Repatriation Act; or (c) is granted Retirement Benefits under the provision of The Swan Brewery Group Superannuation Fund's Trust Deed and Rules; or (d) dies while employed in the industry. Provided that in calculating a worker's entitlement for payment under the provisions of this subclause a maximum of six days per annum shall accumulate and any part of the first six days leave taken in any one year shall be deducted from any amount of leave which may have accumulated under the provisions of subclause (2) hereof. (7) Where a worker on annual or long service leave becomes ill or meets with an accident and forwards within 48 hours of such illness or accident a Doctor's Certificate satisfactory to the employer for a period of not less than four working days, the employer will add the lost days due to such genuine sickness or ac- cident to the worker's leave or make this time 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2721 available to him at some other mutually convenient time, such option to be at the discretion of the em- ployer. 2.8.—Long Service Leave. 1.—Right to Leave. A worker shall as herein provided be entitled to leave with pay in respect of Long Service. 2.—Long Service. (1) The long service which shall entitle a worker to such leave shall subject as herein provided, be con- tinuous service with one and the same employer. (2) Such service shall include service prior to the 1st day of April, 1958, if it continued until such time but only to the extent of the last 20 completed years of continuous service. (3) (a) Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called the "Transmittor") to another employer (herein called "the Transmittee") and a worker who at the time of such transmission was a worker of the transmittor in that business becomes a worker of the transmittee—the period of continuous service which the worker has had with the transmittor (including any such service with any prior transmittor) shall be deemed to be service of the worker with the transmittee. (b) In this subclause "transmission" includes transfer conveyance assignment or succession whether voluntary or by agreement or by operation of law and "transmitted" has a corresponding meaning. (4) Such service shall include— (a) Any period of absence from duty or any annual leave or long service leave; (b) Any period following any termination of the employment by the employer if such termin- ation has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any Award in respect of annual leave. (c) Any period during which the service of a worker was or is interrupted by service— (i) as a member of the Naval, Military or Air Force of the Commonwealth of Australia other than as a member of the British Commonwealth Occu- pation Forces in Japan, and other than as a member of the Permanent Forces of the Commonwealth of Aus- tralia except in the circumstances referred to in section 31(2) of the De- fence Act 1903-1956, and except in Korea or Malaya after 26th June, 1950; (ii) as a member of the Civil Construction Corps established under the National Security Act 1939-1950; (iii) in any of the Armed Forces under the National Service Act 1951 (as amended). Provided that the worker as soon as reasonably practicable on the completion of any such service re- sumed or resumes employment with the employer by whom he was employed immediately before the com- mencement of such service. (5) Service shall be deemed to be continuous notwithstanding— (a) the transmission of a business as referred to in paragraph (3) hereof; (b) any interruption of a class referred to in paragraph (4) hereof irrespective of the dur- ation thereof; (c) any absence from duty authorised by the employer; (d) any absence from duty arising directly or in- directly from an industrial dispute if the worker returns to work in accordance with the terms of settlement of the dispute; (e) any standing down of a worker in accord- ance with the provisions of any award, in- dustrial agreement or determination under either Commonwealth or State Law, (f) any termination of the employment of the worker on any ground other than slackness of trade if the worker be re-employed by the same employer within a period not ex- ceeding two months from the date of such termination. (g) any termination of the employment by the employer on the ground of slackness of trade if the worker is re-employed by the same employer within a period not exceeding six months from the date of such termination. (h) any reasonable absence of the worker on legitimate Union business in respect of which he has requested and been refused leave. (i) any absence from duty after the coming into operation of this clause by reason of any cause not specified in this clause unless the employer during the absence or within 14 days of the termination of the absence noti- fied the worker in writing that such absence will be regarded as having broken the conti- nuity of service, which notice may be given by delivery to the worker personally or by posting it by registered mail to his last re- corded address in which case it shall be deemed to have reached him in due course of post. Provided that the period of any absence from duty or the period of any interruption referred to in placita (c) to (i) inclusive of this paragraph shall not (except as set out in paragraph (4) of this subclause) count as service. 3.—Period of Leave (1) The leave to which a worker shall be entitled or deemed to be entitled shall be as provided in this subclause. (2) Subject to the provisions of paragraphs (5) and (6) of this subclause where a worker has completed at least ten (10) years service the amount of leave shall be— (a) in respect of 10 years' service so com- pleted—13 weeks' leave; (b) in respect of each subsequent 10 years' ser- vice completed after such 10 years—13 weeks' leave; (c) on the termination of the worker's employ- ment— (i) by his death; (ii) in any circumstances otherwise than by the employer for serious miscon- duct, in respect to the number of years service with the employer completed since he last became entitled to an amount of long service leave a proportionate amount on the basis of 13 weeks' for 10 years' service. (3) Subject to the provisions of paragraph (6) of this subclause where a worker has completed at least seven years' service but less than 10 years' service since the commencement and his employment is ter- minated— (i) by his death; (ii) in any circumstances otherwise than by his employer for serious misconduct, the amount of leave shall be such proportion of 13 weeks' leave as the number of completed years of such service bears to 10 years. 2722 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (4) In the case to which paragraphs (2)(c) and (3) hereof apply the worker shall be deemed to have been entitled to and to have commenced leave immedi- ately prior to such termination. (5) A worker whose service with an employer would entitle him to long service leave under this clause shall be entitled to leave calculated on the following basis— (a) For each completed year of service or part thereof commencing before 1st October, 1964, an amount of leave calculated on the basis of 13 weeks' leave for 20 years' service. (b) For each completed year of service or part thereof commencing after 1st October 1964 and before 1st April, 1979, an amount of leave calculated on the basis of 13 weeks' leave for 15 years service. (c) For each completed year of service or part thereof commencing after 1st April, 1979, an amount of leave calculated on the basis of 13 weeks' leave for 10 years' service. (6) A worker to whom paragraphs (2) (c) and (3) of this subclause apply shall be entitled to an amount of long service leave calculated on the following basis— (a) for each completed year of service or part thereof commencing before 1st October, 1964, an amount of leave calculated on the basis of 13 weeks' leave for 20 years' service; and (b) for each completed year of service or part thereof commencing after 1st October, 1964 and before 1st April, 1979, an amount of leave calculated on the basis of 13 weeks' leave for 15 years' service. (c) For each completed year of service or part thereof commencing after 1st April, 1979, an amount of leave calculated on the basis of 13 weeks' leave for 10 years' service. Provided that such worker shall not be entitled to long service leave until his com- pleted years of service entitled him to the amount of long service leave prescribed by (2) (a) of this subclause. (d) Subject to subclause (l)(a) and (b) of Clause (5) hereof any worker entitled to leave under paragraph (2)(b) of Clause 3 may elect to take whatever leave has accrued due to him when he has completed not less than seven years' service and not more than 10 years' service after the completion of his last en- titlement to Long Service Leave provided one years notice of intention is given to the employer. 4.—Payment for Period of Leave. (1) A worker shall subject to paragraph (3) of this subclause be entitled to be paid for each week of leave to which he has become entitled or is deemed to have become entitled the ordinary time rate of pay applicable to him at the date he commenced such leave. (2) Such ordinary time rate of pay shall be at the rate applicable to him for the standard weekly hours which are prescribed by this award. (3) Where by agreement between the employer and the worker the commencement of the leave to which the worker is entitled or any portion thereof is post- poned to meet the convenience of the worker, the rate of payment for such leave shall be at ordinary time rate of pay applicable to him at the date of ac- crual, or if so agreed at the ordinary time rate of pay applicable at the date he commences such leave. (4) The ordinary time rate of pay— (a) shall include any deductions from wages for board and/or lodging or the like which is not provided and taken during the period of leave; (b) shall not include shift premiums, overtime, penalty rates, commission, allowances or the _ 5.—Taking Leave (1) In a case to which placita (a) and (b) of para- graph (2) of subclause (3) applies:— (a) Leave shall be granted and taken as soon as reasonably practicable after the right thereto accrued due or at such time as may be agreed between the employer and the worker or in the absence of such agreement at such time as may be determined by a Board of Reference having regard to the needs of the employer's establishment and the worker's circumstances. (b) Except where the time for taking leave is agreed to by the employer and the worker or determined by a Board of Reference, the employer shall give to a worker at least one month's notice of the date from which his leave is to be taken. (c) Where a worker is beyond 60 years of age at the time he becomes eligible for long service leave, he shall have the option of taking actual leave under this scheme or of receiv- ing payment in lieu thereof on retirement. Such option shall be exercised in writing, addressed to the employer at the time of be- coming eligible for long service leave. (d) The employer shall have the right in cases of emergency to recall any worker from long service leave, in which case the unexpired leave shall be made up on some mutually convenient date. (e) Any leave shall be exclusive of any public holidays or annual leave specified in this award occurring during the period when the leave is taken. (f) Payment shall be made in one of the follow- ing ways— (i) in full before the worker goes on leave; (ii) at the same time as his wages would have been paid to him if the worker had remained at work, in which case payment shall, if the worker in writing so requires, be made by cheque posted to an address specified by the worker; or (iii) in any other way agreed upon be- tween the employer and the worker. (g) It shall be a condition of every worker taking long service leave that he (or she)— (i) shall not under any circumstances be engaged in any gainful employment while on such leave; (ii) shall return to the active service of the employer forthwith at the expir- ation of the leave; and (iii) shall not draw any sick or accident pay simultaneously with long service leave pay. A breach of condition (i) above will result in immediate discharge from the employer's service accompanied by forfeiture of all rights (if any) to retiring allowance or other similar payments or benefits. A breach of condition (ii) above (except as on the grounds of illness necessitating retirement or additional leave on the advice of a Medi- cal Officer appointed by the employer) will result in forfeiture of all rights (if any) to re- tiring allowance or other similar benefits or payments. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2723 (2) In a case to which paragraph (2)(c) or para- graph (3) of subclause (3) applies and in any case in which the employment of the worker who has become entitled to leave hereunder is terminated before such leave is taken or fully taken, the employer shall upon termination of his employment otherwise than by death pay to the worker and upon termination of em- ployment by death pay to the personal representative of the worker upon request the amount which would have been payable in respect of the period of leave to which he is entitled or deemed to have been entitled and which would have been taken but for such ter- mination. Such payment shall be deemed to have sat- isfied the obligation of the employer in respect of leave hereunder. 6.—Granting Leave in Advance and Benefits to be Brought into Account. (1) Any employer may by agreement with a worker allow leave to such a worker before the right thereto has accrued due but where leave is taken in such a case the worker shall not become entitled to any further leave hereunder in respect of any period until after the expiration of the period in respect of which such leave had been taken before it accrued due. (2) Where leave has been granted to a worker pur- suant to the preceding paragraph before the right thereto accrued due, and the employment sub- sequently is terminated the employer may deduct from whatever remuneration is payable upon the ter- mination of the employment such amount as rep- resents payment for any period for which the worker has been granted long service leave to which he is not at the date of termination of his employment or prior thereto entitled. (3) Any leave in the nature of long service leave or payment in lieu thereof under a State Law or a long service leave scheme not under the provisions hereof granted to a worker by the employer in respect of any period of service with the employer shall be taken into account whether the same is granted before or after the coming into operation hereof and shall be deemed to have been leave taken and granted hereunder in the case of leave with pay equivalent to the amount of the payment and to the satisfaction to the extent thereof the entitlement of the worker hereunder. 7.—Record to be Kept. (1) Each employer shall during the employment and for a period of twelve months thereafter or in the case of termination by death of a worker a period of three years thereafter, keep a record from which can be readily ascertained the name of each worker and his occupation, the date of the commencement of his employment and his entitlement to long service leave and any leave which may have been granted to him or in respect of which payment may have been made hereunder. (2) Such record shall be open for inspection in the manner and circumstances prescribed by this award with respect to the time and wages record. 2.9.—Compassionate Leave. A worker shall be entitled to leave of absence of not more than three working days in any one year due to the death or unexpected critical illness of a member of the worker's immediate family (i.e. wife, parent, child, brother or sister) in Australia but only if and to the extent that his absence was necessary. "Year" for the purpose of this clause shall mean 1st January to 31st December. 2.10.—Annual Bonus. The employer shall pay to each worker receiving wages an annual bonus of one week's pay. The said bonus shall be accumulated by the employer and held on behalf of and paid to the worker entitled thereto in the month of December in each year or on the earlier termination of his service on a pro rata basis based on completed weeks of service. 2.11.—Record. Each employer shall keep a record of the name of each worker, the time he starts and finishes each day, total number of hours worked, overtime worked and wages paid to each worker, and such record shall be open to the inspection of the Secretary or any other person appointed by the Union during working hours. Each worker shall when required sign the re- cord kept for all moneys received by him. 2.12.—Board of Reference. The Board of Reference created by section 48 of the Industrial Arbitration Act, 1979, shall consist of persons appointed in accordance with that Act and the regulations made thereunder. The Board of Reference is hereby assigned the function of determining any dispute between the par- ties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference. 2.13.—Cartage Contractors. (1) Any work performed by a worker falling within the classifications contained in Clause 2.19.—Rates of Pay and Allowances of this Part (except persons employed by contractors erecting, repairing or mak- ing alterations to buildings or machinery or to car- riers engaged in delivery of goods other than beer) in or about a Brewery or Bottling Works or in connec- tion with the business of brewing or bottling beer, shall be carried out by bona fide Brewery workers en- gaged and paid direct by the respondent to this Part. (2) When cartage contractors are employed de- livering beer, the employers of such contractors shall pay their workers wage rates prescribed by this Part. For the purpose of this subclause, wage rates shall in- clude the wage prescribed in Clause 2.19.—Rates of Pay and Allowances herein and any above award rate negotiated between the parties to this Part from time to time. (3) Cartage contractor workers employed as per subclause (2) hereof shall be entitled to the pro- visions of this Part in respect to hours, overtime, lunch intervals and smokos. 2.14.—Hours. Forty hours shall constitute an ordinary week's work for all workers employed under this Part. Such hours shall be worked on the following basis— All workers other than shift workers, five day week Monday to Friday inclusive, eight hours per day to be worked within a spread of hours from 7.30 a.m. to 5.30 p.m. with a lunch interval of not less than one hour. 2.15.—Shift Work. (1) Except as provided for in subclause (3) hereof workers may be employed— (a) On "Regular shift work" that is in regular rotation from week to week on two or three shifts spread over 16 or 24 hours respect- ively, day shift to be worked between 7.00 a.m. and 4.00 p.m.; afternoon shift between 3.00 p.m. to 12 midnight; and night shift be- tween 11.00 p.m. and 8.00 a.m. (b) On "Casual shift work" that is on one weekly shift only worked in any department, casual day, afternoon and night shifts to start and finish at the times respectively referred to in the preceding paragraph. 2724 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November. 1982. (2) In the case of both regular and casual shift work, the first shift of the week will begin on Sunday at or after 11.00 p.m. and the last shift of the week shall finish by 12 midnight on Friday. Duty Rosters shall be posted on Friday in each week and shall show the starting and finishing times of each worker during each week. Particulars relating to these starting and finishing times shall be rigidly adhered to. (3) In the case of shift cellarmen employed under this Part the following hours shall be observed— (a) Day Shift: Week days—8.00 a.m. to 12 noon—1.00 p.m. to 3.40 p.m. One hour off between 12 noon and 1.00 p.m. for lunch. Saturdays—8.00 a.m. to 11.00 a.m.—12 noon to 3.40 p.m. One hour off between 11.00 a.m. and 12 noon for lunch. (b) Afternoon Shift: 4.20 p.m. to 11.00 p.m. inclusive of 30 minutes for crib Mondays to Saturdays. (c) Night Shift: 11.40 p.m. to 6.20 a.m. inclusive of 30 min- utes each shift for crib Mondays to Saturdays. (4) The provisions contained in the previous subclauses of this clause may be varied by mutual agreement between the employer and the Union. (5) All workers employed on regular afternoon shift work on a three shift basis shall be paid an allowance equal to 15 per cent of their ordinary weekly rate of pay. (6) All workers employed on regular night shift shall be paid an allowance equal to 17 La per cent of their ordinary weekly rate of pay. (7) All workers employed on afternoon shift on a two shift basis shall be paid an allowance equal to 10 per cent of their ordinary weekly rate of pay. (8) All workers employed on day shift shall be paid an allowance equal to 10 per cent of their ordinary weekly rate of pay. (9) All workers on casual night shift shall be paid an allowance equal to 17 per cent of their ordinary weekly rate of pay. (10) A crib time of 30 minutes shall be allowed to all workers on regular or casual shift. Crib time shall be included in the working time. (11) The additional allowances mentioned in subclauses (5), (6), (7), (8) and (9) hereof shall be taken into consideration in calculating overtime rates for any overtime for work done beyond eight hours per day on Mondays to Fridays inclusive. Except as aforesaid the above allowances shall not be included for the purpose of calculating any other penalty rates under this Part and shall not be cumulative upon weekend overtime penalty rates. 2.16.—Holidays. (1) The following days shall be observed as hol- idays without deduction of pay:— New Year's Day, Picnic Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, State Foundation Day, Boulder Cup Day, Sovereign's Birthday, Christmas Day and Boxing Day provided that— (a) Where any of the above holidays fall on a Saturday or a Sunday, the following Monday shall be observed in lieu thereof and that when Boxing Day falls on a Sunday or Monday, the following Tuesday shall be observed in lieu thereof. (b) Where work is performed on any of the above holidays, payment in addition to the day's pay shall be at double time with a four hour minimum. 2.17.—Protective Clothing. (1) The employer agrees to supply boots to all workers to be worn during working hours, same to be supplied free of cost by the employer. (2) The employer agrees to provide waterproof coats and leather aprons for transport drivers to be used while the employer's work is being done only. (3) Subject to (4), (5) and (6) hereof, the employer agrees to supply overalls or shirt and trouser sets to all workers covered by this Part who have completed not less than three months' continuous service. (4) Transport workers who come into contact with the public will be issued with shirt and trouser sets to be laundered by the employer. (5) All other workers shall have the option of wear- ing either overalls or shirt and trousers sets. Overalls shall be laundered by the employer and shirt and trouser sets by the worker concerned. Provided that workers permanently employed in Brewhouses may elect to be issued with shirt and short trouser sets to be laundered by the worker concerned. (6) Transport workers referred to in (4) hereof, and other workers referred to in (5) who elect to wear shirt and trouser (including shorts) sets, shall receive an initial issue of three shirt and trouser sets with a replacement set each six months after the date of issue. Overalls will be issued to workers and laun- dered in accordance with the requirement of the job. (7) The employer agrees to provide pullovers for the use of workers employed in cold cellars. The pull- overs will remain the property of the employer who will also arrange to have them laundered from time to time. (8) The employer agrees to provide waterproof jackets for drivers and other workers who, by agree- ment between the parties to this award, are deemed to be working outisde in cold and wet conditions. The jackets are to remain at all times the property of the employer. 2.18.—Lunch Intervals. (1) A lunch interval of 60 minutes duration shall be taken between 11.30 a.m. and 1.30 p.m. (2) No lunch interval shall commence later than 1.00 p.m. (3) Workers who are required to commence duties earlier than 7.30 a.m. shall commence their lunch interval not later than 12 noon. 2.19.—Rates of Pay and Allowances. (1) Rates of Pay—The minimum weekly rate pay- able to workers covered by Part 2 of this Award shall be as follows:— Kalgoorlie Brewing Company: Classifications $ (i) Driver of a vehicle with a carrying capacity of 5-9 tonnes 288.70 (ii) Cellar/Brewhouse Operator 265.60 (iii) Bottling and Kegging Leading Hand. 276.50 (iv) General Operator 261.50 (v) All Others 256.90 (2) Allowances: (a) The rates prescribed for workers in Cellars and Brewhouses in subclause (a) (ii) of this clause include allowance for temperature. (b) A worker who holds a current Certificate of First Aid, and is nominated by the employer to perform First Aid duties as required in addition to normal duties in any week, shall be paid an allowance of five dollars eighty cents ($5.80) for that week in addition to the rates prescribed herein. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2725 (c) Workers other than those paid under the provisions of subclause (l)(c) hereof who are required to work in areas where the tem- perature has by artificial means been de- creased below 7° Celsius or increased above 43° Celsius shall be paid a rate of 21 cents per hour for any period in which they are so employed in these areas. (d) Workers engaged on work which is con- sidered by agreement between the parties to the award to be of a dirty or offensive nature shall be entitled to be paid at the rate of 21 cents per hour in addition to the rates pre- scribed herein for their ordinary classifi- cation for all time which they may be em- ployed at this class of work. (e) Workers required to work in areas defined by the parties to this Award as confined spaces, shall be paid at a rate of 21 cents per hour in addition to the rates prescribed herein for their ordinary classification for all time which they may be employed at this class of work. (f) Boiler Cleaning (which shall include scraping, cleaning and painting cylinders): For all time which they may be employed at this class of work. Workers shall be entitled to be paid at the rate of 21 cents per hour in addition to the rates prescribed herein for their ordinary classification. (g) Location Allowances: (i) Subject to the provisions of this subclause, in addition to the wages ■ prescribed in Clause 2.19.—Rates of Pay and Allowances of this Part, a married employee shall be paid the following allowance when employed in the town described hereunder. Kalgoorlie $6.90 (ii) Except as provided in paragraph (iv) of this subclause a single employee shall be paid 50 per cent of the allow- ances prescribed in paragraph (i) of this subclause. (iii) An employee, whose spouse is em- ployed by the same employer and who is entitled to an allowance of a similar kind to that prescribed by this subclause shall be paid 50 per cent of the allowance prescribed in para- graph (i) of this subclause. (iv) Where an employee is provided with board and lodging by his employer, free of charge, such employee shall be paid 33 1/3 per cent of the allowances prescribed in paragraph (i) of this subclause. (v) Junior workers, casual workers, part- time workers, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the lo- cation allowance as equates with the proportion that their wage for ordi- nary hours that week is to the adult rate for the work performed. (vi) Where an employee is on annual leave or receives payment in lieu of annual leave he shall be paid for the period of such leave the district al- lowance to which he would ordinarily be entitled. (vii) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he shall only be paid district allowance for the period of such leave he remains in the district in which he is employed. (viii) For the purpose of this subclause a married employee includes:— (aa) A person who has a de facto spouse; and (bb) A person who is a sole parent with dependent children, (ix) Where an employee is employed in a town or location not specified in this subclause the allowance payable for the purpose of paragraph (i) shall be such amount as may be agreed be- tween Australian Mines and Metals Association, the Confederation of Western Australian Industry and the Trades and Labor Council of Western Australia or, failing such agreement, as may be determined by the Com- mission. Provided that, pending any such agreement or determination, the al- lowance payable for that purpose shall be an amount equivalent to the district allowance in force under this award for that town or location on 1st June, 1980. (x) Nothing herein contained shall have the effect of reducing any "district al- lowance" currently payable to any employee subject to the provision of this Award whilst that employee re- mains employed by his present em- ployer. (xi) Subject to the making of a General Order pursuant to section 50 of the Act, that part of each location allow- ance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in ac- cordance with the annual percentage change in the Consumer Price Index (excluding housing) for Perth measured to the end of the immedi- ately preceding March quarter, the calculation to be taken to the nearest 10 cents. PART 3—BARRETT BURSTON (AUSTRALIA) LIMITED and K.B.B. MALTING CO. PTY LTD. 3.1.—Definitions. (1) "Maltster" shall mean and be deemed to be any employee who handles malt or barley or work specifi- cally associated with a malthouse. (2) "Casual Worker" shall mean any worker who is employed for less than 35 hours within the spread of hours 7.00 a.m. to 5.30 p.m. in any seven-day period. (3) "Leading Hand" is a worker who is in charge of and responsible for the work of others. (4) When relating to periods of leave and ser- vice—"Month" shall mean calendar month and "Week" shall mean calendar week. (5) "Day" shall mean one day of seven hours 12 minutes ordinary working time. 3.2.—Contract of Service. (1) The contract of employment pursuant to this Part shall be weekly (except as to casual workers); provided however— (a) During the first month of service, one day's notice on either side shall be necessary to terminate the contract of service of a worker. If the required notice is not given one day's wages shall be paid or forfeited. 2726 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (b) After the first month, one week's notice on either side shall be necessary to terminate the contract of service of a worker. If the re- quired notice is not given one week's wages shall be paid or forfeited. (c) For the purpose of this subclause notice given at or before the usual starting time for any ordinary working day shall be deemed to expire at the completion of that day's work. (2) The services of a worker may be terminated where the worker has without reasonable excuse or permission of the employer absented himself from duty, refused to obey the lawful instructions of the employer or been guilty of misconduct justifying dis- missal when such services may be terminated im- mediately. 3.3.—Overtime. (1) (a) All work performed outside the ordinary hours of duty Monday to Friday inclusive (including rostered shifts) shall be paid for at the rate of time and a half for the first two hours and double time thereafter. (b) Work performed on a Saturday, Sunday or the worker's rostered day off, shall be paid for at the rate of double time with a minimum of four hours' pay. Such rate shall be in substitution for and not cumu- lative upon the shift work allowance prescribed in Clause 3.14.—Shift Work of this Part. (2) (a) All workers covered by this award, if re- quired to work more than one hour overtime after the normal finishing time Monday to Friday inclusive shall be entitled to a meal allowance of $3.25. (b) Workers if required to work more than two hours after the normal finishing time shall be en- titled to knock off for a meal break of not more than 30 minutes' duration. 3.4.—Smokos. (1) All day workers shall be entitled to a morning and afternoon smoko at agreed times. Such smoko's shall be of 10 minutes' duration. (2) The provisions of this clause shall not apply to shift workers. 3.5.—Casual Workers. Casual workers shall be paid by the hour at the or- dinary rate of pay plus 15 per cent. 3.6.—Annual Leave. (1) An employer shall grant a worker who has com- pleted 12 months' service four weeks' annual leave. Two of the said four weeks shall be paid on double pay and two on ordinary pay. (a) Pro rata leave payment on the foregoing basis shall be granted to workers who have completed three months or more service. (b) Pro rata leave payment on the basis of four weeks' annual leave at the ordinary rate of pay shall be granted to those workers who have completed one month but less than three months' service. (c) The said payments shall be made to a worker entitled thereto— (i) on the termination of his service if such termination occurs before he takes his leave; or (ii) on the taking of his annual leave if he remains in the service of his em- ployer. (2) Workers employed on a "continuous rotating shift" roster shall be entitled to up to one additional week's leave to that which they would be otherwise entitled to under this clause. Such additional leave shall be calculated on a pro rata basis to the period worked on continuous shift in the qualifying period. (3) It shall be a condition of every worker taking annual leave that he— (a) shall not under any circumstances be en- gaged in any gainful employment while on such leave; (b) shall return to the active service of the em- ployer forthwith at the expiration of leave; and (c) shall not draw any sick or accident pay sim- ultaneously with annual leave. A breach of condition (a) above will result in im- mediate discharge from the employer's service ac- companied by forfeiture of all rights (if any) to retir- ing allowance or other similar payments or benefits. A breach of condition (b) except as on the grounds of illness necessitating retirement (or additional leave on the advice of a medical officer) will result in forfeiture of all rights (if any) to retiring allowance or other similar benefits or payments. "Pay" for the purposes of this clause shall mean the appropriate wage rate set out in Clause 3.18.—Rates of Pay and Allowances together with any other payments the subject of agreement be- tween the parties. (4) In addition to existing payments, a shift pre- mium will be paid when shift workers take annual leave. To qualify as a shift worker for this purpose, an employee must have worked for at least six months on shift work during the qualifying period for the leave. This qualifying period is not affected by the time the leave is actually taken. Where an em- ployee has qualified as a shift worker, as defined above, the calculation of the shift premium shall be on the following basis— (a) Where on a 3-shift roster for the full qualify- ing period, or where the majority of time ac- tually worked on shift work during this period is on a 3-shift roster, the premium will be 14 per cent. (b) Where on a 2-shift roster for the full qualify- ing period, or where the majority of time ac- tually worked on shift work is on a 2-shift roster, the premium will be 10 per cent. The employer agrees to consult with the union to work out acceptable annual leave rostering. 3.7.—Sick Leave. (1) A worker who is unable through sickness or ac- cident to attend his duties shall notify the employer on each day of the sickness until a Medical or a Doc- tor's Certificate is produced. The employer shall be contacted not later than 9.30 a.m. for day workers and day shift workers, not later than 12 noon in the case of afternoon shift workers and not later than 7.00 p.m. in the case of night shift workers. (2) A worker shall be entitled to paid sick leave from his accumulated entitlement in respect of any period of absence on account of illness. Sick leave en- titlements shall accumulate on the following basis and be calculated pro rata for each completed month of service:— (a) For service after 1st January, 1948 to 1st January, 1975, six days per annum. (b) For service after 1st January, 1975 to 1st January, 1979, nine days per annum. (c) For service after 1st January, 1979 10 days per annum. Provided that in calculating the amount due to a worker through sickness, there shall be deducted therefrom any sum or sums previously paid to him hereunder. (3) The term "sickness" shall not include any case where the worker is entitled to compensation under the Workers' Compensation Act. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2727 (4) No worker shall be entitled to the benefits of this clause unless he produces proof of this sickness satisfactory to his employer. This proof shall be in the form of a Medical Certificate when requested. (5) Except as aforesaid, a worker shall not be en- titled to payment for time lost through sickness or accident. (6) Notwithstanding the foregoing provisions of this clause, a worker, or in the event of a worker's death his next-of-kin, shall be entitled to receive pay- ments at the appropriate rate for any sick leave ac- cumulated under the provisions of subclause (2) hereof, if he— (a) is compelled to retire from the industry upon reaching the age of 65 years; or (b) elects to retire from the industry prior to at- taining the age of 65 years and becomes eli- gible for a Service Pension under the pro- visions of the Repatriation Act; or (c) is granted Retirement Benefits under the provisions of the respondents' Superannu- ation Fund Trust Deed and Rules; or (d) dies while employed in the industry. Provided that in calculating a worker's entitlement for payment under the provisions of this subclause a maximum of six days per annum shall accumulate and any part of the first six days leave taken in any one year shall be deducted from any amount of leave which may have accumulated under the provisions of subclause (2) hereof. (7) Where a worker on annual or long service leave becomes ill or meets with an accident and forwards within 48 hours of such illness or accident a Doctor's Certificate satisfactory to the employer for a period of not less than four working days, the employer will add the lost days due to such genuine sickness or ac- cident to the worker's leave or make this time available to him at some other mutually convenient time, such option to be at the discretion of the em- ployer. 3.8.—Long Service Leave. 1.—Right to Leave. A worker shall as herein provided be entitled to leave with pay in respect of Long Service. 2.—Long Service. (1) The long service which shall entitle a worker to such leave shall subject as herein provided, be con- tinuous service with one and the same employer. (2) Such service shall include service prior to the 1st day of April, 1958, if it continued until such time but only to the extent of the last 20 completed years of continuous service. (3) (a) Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called the "Transmittor") to another employer (herein called "the Transmittee") and a worker who at the time of such transmission was a worker of the transmittor in that business becomes a worker of the transmittee—the period of continuous service which the worker has had with the transmittor (including any such service with any prior transmittor) shall be deemed to be service of the worker with the transmittee. (b) In this subclause "transmission" includes transfer conveyance assignment or succession whether voluntary or by agreement or by operation of law and "transmitted" has a corresponding meaning. (4) Such service shall include— (a) Any period of absence from duty or any annual leave or long service leave. (b) Any period following any termination of the employment by the employer if such termin- ation has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any Award in respect of annual leave. (c) Any period during which the service of a worker was or is interrupted by service— (i) as a member of the Naval, Military or Air Force of the Commonwealth of Australia other than as a member of the British Commonwealth Occu- pation Forces in Japan, and other than as a member of the Permanent Forces of the Commonwealth of Aus- tralia of Australia except in the cir- cumstances referred to in section 31(2) of the Defence Act, 1903-1956, and except in Korea or Malaya after 26th June, 1950; (ii) as a member of the Civil Construction Corps established under the National Security Act, 1939-1950; (iii) in any of the Armed Forces under the National Service Act, 1951 (as amended). Provided that the worker as soon as reasonably practicable on the completion of any such service re- sumed or resumes employment with the employer by whom he was employed immediately before the com- mencement of such service. (5) Service shall be deemed to be continuous notwithstanding— (a) the transmission of a business as referred to in paragraph (3) hereof; (b) any interruption of a class referred to in paragraph (4) hereof irrespective of the dur- ation thereof; (c) any absence from duty authorised by the employer; (d) any absence from duty arising directly or in- directly from an industrial dispute if the worker returns to work in accordance with the terms of settlement of the dispute; (e) any standing down of a worker in accord- ance with the provisions of any award, in- dustrial agreement or determination under either Commonwealth or State Law; (f) Any termination of the employment of the worker on any ground other than slackness of trade if the worker be re-employed by the same employer within a period not ex- ceeding two months from the date of such termination. (g) any termination of the employment by the employer on the ground of slackness of trade if the worker is re-employed by the same employer within a period not exceeding six months from the date of such termination. (h) any reasonable absence of the worker on legitimate Union business in respect of which he has requested and been refused leave; (i) Any absence from duty after the coming into operation of this clause by reason of any cause not specified in this clause unless the employer during the absence or within 14 days of the termination of the absence noti- fied the worker in writing that such absence will be regarded as having broken the conti- nuity of service, which notice may be given by delivery to the worker personally or by posting it by registered mail to his last re- corded address in which case it shall be deemed to have reached him in due course of post. Provided that the period of any absence from duty or the period of any interruption referred to in placita (c) to (i) inclusive of this paragraph shall not (except as set out in paragraph (4) of this subclause) count as service. 22201—3 2728 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. 3.—Period of Leave. (1) The leave to which a worker shall be entitled or deemed to be entitled shall be as provided in this subclause. (2) Subject to the provisions of paragraphs (5) and (6) of this subclause where a worker has completed at least ten (10) years service the amount of leave shall be— (a) in respect of 10 years' service so com- pleted—13 week's leave; (b) in respect of each subsequent 10 years' ser- vice completed after such 10 years—13 weeks' leave; (c) on the termination of the worker's employ- ment— (i) by his death; (ii) in any circumstances otherwise than by the employer for serious miscon- duct, in respect to the number of years service with the employer completed since he last became entitled to an amount of long service leave a proportionate amount on the basis of 13 weeks for 10 years's service. (3) Subject to the provisions of paragraph (6) of this subclause where a worker has completed at least seven years' service but less than 10 years' service since the commencement and his employment is ter- minated— (i) by his death; (ii) in any circumstances otherwise than by his employer for serious misconduct, the amount of leave shall be such proportion of 13 weeks' leave as the number of completed years of such service bears to 10 years. (4) In the case to which paragraphs (2)(c) and (3) hereof apply the worker shall be deemed to haye been entitled to and to have commenced leave immedi- ately prior to such termination. (5) A worker whose service with an employer would entitle him to long service leave under this clause shall be entitled to leave calculated on the following basis— (a) For each completed year of service or part thereof commencing before 1st October, 1964, an amount of leave calculated on the basis of 13 weeks' leave for 20 years' service. (b) For each completed year of service or part thereof commencing after 1st October 1964 and before 1st January 1980, an amount of leave calculated on the basis of 13 weeks' leave for 15 years' service. (c) For each completed year of service or part thereof commencing after 1st January 1980, an amount of leave calculated on the basis of 13 weeks' leave for 10 years' service. (6) A worker to whom paragraphs (2)(c) and (3) of this subclause apply shall be entitled to an amount of long service leave calculated on the following basis— (a) for each completed year of service or part thereof commencing before 1st October, 1964, an amount of leave calculated on the basis of 13 weeks' leave for 20 years' service; and (b) for each completed year of service or part thereof commencing after 1st October, 1964 and before 1st January, 1980, an amount of leave calculated on the basis of 13 weeks' leave for 15 years' service. (c) For each completed year of service or part thereof commencing after 1st January, 1980, an amount of leave calculated on the basis of 13 weeks' leave for 10 years' service. Provided that such worker shall not be en- titled to long service leave until his com- pleted years of service entitled him to the amount of long service leave prescribed by (2) (a) of this subclause. (d) Subject to subclause (1) (a) and (b) of Clause (5) hereof any worker entitled to leave under paragraph (2) (b) of Clause 3 may elect to take whatever leave has ac- crued due to him when he has completed not less than seven years' service and not more than 10 years' service after the completion of his last entitlement to Long Service Leave provided one years notice of intention is given to the employer. (e) Notwithstanding the foregoing provisions a worker may, upon giving one year's notice to the employer, elect to take pro rata long ser- vice leave on the completion of his initial seven years of continuous service. 4.—Payment for Period of Leave. (1) A worker shall subject to paragraph (3) of this subclause be. entitled to be paid for each week of leave to which he has become entitled or is deemed to have become entitled the ordinary time rate of pay applicable to him at the date he commenced such leave. (2) Such ordinary time rate of pay shall be at the rate applicable to him for the standard weekly hours which are prescribed by this award. (3) Where by agreement between the employer and the worker the commencement of the leave to which the worker is entitled or any portion thereof is post- poned to meet the convenience of the worker, the rate of payment for such leave shall be at ordinary time rate of pay applicable to him at the date of ac- crual, or if so agreed at the ordinary time rate of pay applicable at the date he commences such leave. (4) The ordinary time rate of pay— (a) shall include any deductions from wages for board and/or lodging or the like which is not provided and taken during the period of leave; (b) shall not include shift premiums, overtime, penalty rates, commission, allowances or the like. 5.—Taking Leave. (1) In a case to which placita (a) and (b) of para- graph (2) of subclause (3) applies:— (a) Leave shall be granted and taken as soon as reasonably practicable after the right thereto accrued due or at such time as may be agreed between the employer and the worker or in the absence of such agreement at such time as may be determined by a Board of Reference having regard to the needs of the employer's establishment and the worker's circumstances. (b) Except where the time for taking leave is agreed to by the employer and the worker or determined by a Board of Reference, the employer shall give to a worker at least one month's notice of the date from which his leave is to be taken. (c) Where a worker is beyond 60 years of age at the time he becomes eligible for long service leave, he shall have the option of taking actual leave under this scheme or of receiv- ing payment in lieu thereof on retirement. Such option shall be exercised in writing, addressed to the employer at the time of be- coming eligible for long service leave. (d) The employer shall have the right in cases of emergency to recall any worker from long service leave, in which case the unexpired leave shall be made up on some mutually convenient date. (e) Any leave shall be exclusive of any public holidays or annual leave specified in this award occurring during the period when the leave is taken. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2729 (f) Payment shall be made in one of the follow- ing ways— (i) in full before the worker goes on leave; (ii) at the same time as his wages would have been paid to him if the worker had remained at work, in which case payment shall, if the worker in writing so requires, be made by cheque posted to an address specified by the worker; or (iii) in any other way agreed upon be- tween the employer and the worker. (g) It shall be a condition of every worker taking long service leave that he (or she)— (i) shall not under any circumstances be engaged in any gainful employment while on such leave; (ii) shall return to the active service of the employer forthwith at the expir- ation of the leave; and (iii) shall not draw any sick or accident pay simultaneously with long service leave pay. A breach of condition (i) above will result in immediate discharge from the employer's service accompanied by forfeiture of all rights (if any) to retiring allowance or other similar payments or benefits. A breach of condition (ii) above (except as on the grounds of illness necessitating retirement or additional leave on the advice of a Medi- cal Officer appointed by the employer) will result in forfeiture of all rights (if any) to re- tiring allowance or other similar benefits or payments. (2) In a case to which paragraph (2)(c) or para- graph (3) of subclause (3) applies and in any case in which the employment of the worker who has become entitled to leave hereunder is terminated before such leave is taken or fully taken, the employer shall upon termination of his employment otherwise than by death pay to the worker and upon termination of em- ployment by death pay to the personal representative of the worker upon request the amount which would have been payable in respect of the period of leave to which he is entitled or deemed to have been entitled and which would have been taken but for such ter- mination. Such payment shall be deemed to have sat- isfied the obligation of the employer in respect of leave hereunder. 6.—Granting Leave in Advance and Benefits to the Brought into Account. (1) Any employer may by agreement with a worker allow leave to such a worker before the right thereto has accrued due but where leave is taken in such a case the worker shall not become entitled to any further leave hereunder in respect of any period until after the expiration of the period in respect of which such leave had been taken before it accrued due. (2) Where leave has been granted to a worker pur- suant to the preceding paragraph before the right thereto accrued due, and the employment sub- sequently is terminated the employer may deduct from whatever remuneration is payable upon the ter- mination of the employment such amount as rep- resents payment for any period for which the worker has been granted long service leave to which he is not at the date of termination of his employment or prior thereto entitled. (3) Any leave in the nature of long service leave or payment in lieu thereof under a State Law or a long service leave scheme not under the provisions hereof granted to a worker by the employer in respect of any period of service with the employer shall be taken into account whether the same is granted before or after the coming into operation hereof and shall be deemed to have been leave taken and granted hereunder in the case of leave with pay equivalent to the amount of the payment and to the satisfaction to the extent thereof the entitlement of the worker hereunder. 7.—Record to be Kept. (1) Each employer shall during the employment and for a period of 12 months thereafter or in the case of termination by death of a worker a period of three years thereafter, keep a record from which can be readily ascertained the name of each worker and his occupation, the date of the commencement of his employment and his entitlement to long service leave and any leave which may have been granted to him or in respect of which payment may have been made hereunder. (2) Such record shall be open for inspection in the manner and circumstances prescribed by this award with respect to the time and wages record. 3.9.—Compassionate Leave. A worker shall be entitled to lave of absence of not more than three working days in any one year due to the death or unexpected critical illness of a member of the worker's immediate family (i.e. wife, parent, child, brother or sister) in Australia but only if and to the extent that his absence was necessary. "Year" for the purpose of this clause shall mean 1st January to 31st December. 3.10.—Annual Bonus. The employer shall pay to each worker receiving wages an annual bonus of one week's pay. The said bonus shall be accumulated by the employer and held on behalf of and paid to the worker entitled thereto in the month of December in each year or on the earlier termination of his service on a pro rata basis based on completed weeks of service. 3.11.—Record. Each employer shall keep a record of the name of each worker, the time he starts and finishes each day, total number of hours worked, overtime worked and wages paid to each worker, and such record shall be open to the inspection of the Secretary or any other person appointed by the Union during working hours. Each worker shall when required sign the re cord kept for all moneys received by him. 3.12.—Board of Reference. The Board of Reference created by Section 48 of the Industrial Arbitration Act, 1979, shall consist of persons appointed in accordance with that Act and the regulations made thereunder. The Board of Reference is hereby assigned the function of determining any dispute between the par- ties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference. 3.13.—Hours. Thirty-six hours shall constitute an ordinary week's work for all workers employed under this Part. Such hours shall be worked on the basis of seven hours twelve minutes per day for five consecutive days in any seven-day period. For day workers, the hours shall be worked within the spread of 7.00 a.m. to 5.30 p.m. with a lunch interval of not less than one hour. 3.14.—Shift Work. Shift workers may be employed— (1) On "Regular shift work" that is in regular rotation from week to week on two or three shifts spread within 16 or 24 hours respect- ively Monday to Friday, day shift to be worked between 7.00 a.m. and 4.00 p.m.; 2730 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. afternoon shift between 3.00 p.m. and 12 midnight; and night shift between 11.00 p.m. and 8.00 a.m. (2) On "Continuous rotating shift" that is 42 x 7 hour 12 minute days in any 56 day period, within the spread of hours 7.00 a.m. to 4.00 p.m. for day shift, 3.00 p.m. to 12 midnight for afternoon shift, 11.00 p.m. to 8.00 a.m. for night shift. (3) On "casual shift work", that is on one only weekly shift worked, casual day, afternoon and night shifts to start and finish within the times respectively referred to in subclause (1) of this clause. (4) Duty Rosters shall be posted prior to Friday in each week and shall show the starting and finishing times for each worker in the desig- nated period. Particulars relating to these starting and finishing times shall be rigidly adhered to. (5) The provisions contained in subclauses (1) and (2) may be varied by mutual agreement between the employer and the Union. All workers employed on regular afternoon shift in a three-shift basis shall be paid an allow- ance equal to 15 per cent of the ordinary rate of pay for each shift worked. (6) All workers employed on regular night shift shall be paid an allowance equal to 17 Fs per cent of the ordinary rate of pay for each shift worked. (7) All workers employed on afternoon shift on a two-shift basis shall be paid an allowance equal to 10 per cent of the ordinary rate of pay for each shift worked. (8) All workers employed on day shift shall be paid an allowance equal to 10 per cent of the ordinary rate of pay for each shift worked. (9) All workers employed on casual night shift shall be paid an allowance equal to 17 Va per cent of the ordinary rate of pay for each shift worked. (10) A crib time of 30 minutes shall be allowed to all shift workers. Crib time shall be agreed between the employer and the union and shall be included in the working time. (11) The additional allowances mentioned in subclauses (5) to (9) inclusive shall be taken into consideration in calculating overtime rates for any time worked beyond seven and a half hours per day Monday to Friday in- clusive. Work performed on a Saturday, Sunday or on the worker's rostered day off shall be paid for at the rate of double time exclusive of any shift penalty rate. 3.15.—Holidays. (1) The following days shall be observed as hol- idays without deduction of pay:— New Year's Day, Picnic Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, State Foundation Day, Show Day, Sovereign's Birthday, Christmas Day and Boxing Day provided that— (a) Where any of the above holidays fall on a Saturday or a Sunday, the fol- lowing Monday shall be observed in lieu thereof and that when Boxing Day falls on a Sunday or Monday, the following Tuesday shall be observed in lieu thereof. (b) Where work is performed on any of the above holidays, payment in ad- dition to the day's pay shall be at double time with a four hour mini- mum. 3.16.—Protective Clothing. (1) The employers agree to supply boots to all workers to be worn during working hours, same to be supplied free of cost by the employers. (2) The employers agree to supply overalls or shirt and trouser sets to all workers covered by this Part who have completed not less than three months' con- tinuous service. (3) All issued clothing provided by the employer shall be laundered by the employee, except for cloth- ing provided under subclause (6) of this clause. (4) Employees shall receive an initial issue of three shirt and trouser sets with two reolacement sets in each subsequent 12 months. (5) The employers agree to initially provide two pullovers to each employee for winter wear; one pull- over to be replaced by the employer every 12 months. (6) Wet weather protective clothing will be pro- vided to workers working in wet weather conditions. Such protective clothing is to remain the property of the employer. 3.17.—Lunch Intervals. (1) A lunch interval of 60 minutes duration shall be taken between 11.30 a.m. and 1.30 p.m. (2) No lunch interval shall commence later than 1.00 p.m. (3) Workers who are required to commence duties earlier than 7.00 a.m. shall commence their lunch interval not later than 12 noon. 3.18.—Rates of Pay and Allowances. (1) Rates of Pay—The minimum weekly rate pay- able to workers covered by Part 3 of this Award shall be as follows:— Barret Burston (Australia) Limited and K.B.B. Malting Co. Pty Ltd: Classifications $ (i) Leading Hand Maltster 281.60 (ii) Maltster 266.60 (2) Allowances: (a) A worker who holds a current Certificate of First Aid, and is nominated by the employer to perform First Aid duties as required in addition to normal duties in any week, shall be paid an allowance of $6.00 for that week in addition to the rates prescribed herein. (b) Workers engaged on work which is con- sidered by agreement between the parties to the award to be of a dirty of offensive nature shall be entitled to be paid at the rate of 21 cents per hour in addition to the rates pre- scribed herein for their ordinary classifi- cation for all time which they may be em- ployed at this class of work. (c) Workers required to work in an agreed dusty area shall be paid a dust allowance of 11 cents per hour. The maximum payment for this class of work shall not exceed $4.00 per week. Schedule of Respondents. The Swan Brewery Company Limited. The Kalgoorlie Brewing Company. Barrett Burston (Australia) Limited. K.B.B. Malting Co. Pty. Ltd. Dated at Perth this 19th day of October, 1982. (Sgd.) B. J. COLLIER, [L.S.] Commissioner. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2731 CLERKS (Accountants' Employees). Interim Award No. 8 of 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. A8 of 1982. Between: Federated Clerks Union of Australia, In- dustrial Union of Workers, WA Branch, Appli- cant, and T. E. Ball and others, Respondents. Interim Award. HAVING heard Mr B. J. Finlay on behalf of the Ap- plicant and Mrs P. E. Bentley on behalf of the Re- spondents, the Ci omission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby makes the following Interim Award, to operate from the beginning of the first pay period commencing on or after the date hereof— Award No. 8 of 1982. 1.—Title. This award shall be known as the Clerks' (Accountants' Employees) Interim Award 1982 and replaces Award No. 20 of 1972 insofar as it applies to clerks. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Rates of Pay. 5. Area. Schedule "A"—Respondents. 3.—Scope. This award shall apply to all employees engaged for or substantially employed on clerical work and without limiting the generality of the term it includes typists, stenographers and telephonists; receptionists and messengers where such employees do clerical work, and employees employed to operate calculat- ing, billing or other machines designed to perform or assist in performing any clerical work whatsoever in the industry conducted by the respondents, provided that the award shall not apply to employees substan- tially engaged on professional work. 4.—Rates of Pay. (1) The minimum rates of pay for employees covered by this award shall be as set out in this clause. (2) Adults (rates per week)— $ (a) At 21 years of age 226.00 At 22 years of age 229.10 At 23 years of age 232.10 At 24 years of age 235.20 At 25 years of age and over 238.60 (b) Adult stenographers, comptometer or calculating or ledger machine op- erators shall receive $3.10 per week in addition to the rates as set out in paragraph (a) of this subclause. (c) Senior Clerks—(Classified as such or in default of agreement by the Board of Reference) 243.10 (3) Juniors— (a) Percentage of the rate for an adult at 21 years of age per week— At 15 years of age . At 16 years of age At 17 years of age At 18 years of age At 19 years of age At 20 years of age (b) Junior stenographers, comptometer or calculating or ledger machine op- erators shall receive in addition to the rates set out in paragraph (a) of this subclause the following amounts: $ At 17 years of age 0.70 At 18 years of age 1.00 At 19 years of age 1.80 At 20 years of age 2.50 (4) Casual clerks may be employed at an hourly rate and shall be paid whilst so employed 25 per cent, in addition to the rates prescribed above, with a minimum engagement of four hours. Provided that notwithstanding anything contained in this subclause the basis and terms of employment of casual clerks may be varied in any particular case by agreement in writing between the employer and the Union. (5) (a) Part time employees may be employed at an hourly rate for a lesser period per week than the hours usually worked in each establishment. (b) Payment for annual leave and sick pay, for part time employees, shall be strictly related proportion- ately in accordance with the number of hours worked, to the conditions prescribed in each estab- lishment for full time employees. (c) For the purposes of this clause, the weekly hours of a part time employee shall not exceed 30, ex- cept where a part time employee at the date of this award is employed for more that 30 hours a week, that arrangement with respect to that employee may continue. (d) In the event of any dispute concerning the em- ployment of any part time employees the matter may be referred to a Board of Reference. 5.—Area. This award shall operate within the State of West- ern Australia excepting that portion of the State within the 20th and 26th parallel of latitude and the 125th and 129th meridian of longitude. Schedule "A". Schedule of Respondents. T. E. Ball, 40 Fortune Street, Narrogin 6312. C. P. Bird & Associates, 18 St. George's Terrace, Perth 6000. I. Epstein, 13 Fairway East, Yokine 6060. Binder Hamlyn & Co., 12 St. George's Terrace, Perth 6000. Heffernan, Sumner & McLennan, 17 Ord Street, W. Perth 6005. Hendry, Rae & Court, 442 Murray Street, Perth 6000. B. A. Collins & Associates, 118 Charles Street, N. Perth 6006. McLaren & Stewart, 39 Richardson Street, W. Perth 6005. Spry Walker & Co., 140 St. George's Terrace. Perth 6000. A. D. Treloar & Co., 702 Murray Street, W. Perth 6005. V. K. Truman, 162 Hannan Street, Kalgoorlie 6430. A. S. Turner & Associates, 993 Wellington Street, W. Perth 6005. J. Wade & Co., 135 St. George's Terrace, Perth 6000. Weston James & Co., 140 St. George's Terrace, Perth 6000. Pass Newton & Co., 30 Marine Terrace, Geraldton 6530. Lyons, Tate, Olde & Waddell, 49 Melville Parade, S. Perth 6151. McCann, Moffatt & Associates, 69 Hay Street, Subiaco 6008. 2732 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. Gaffney, Harvey & Ryan, 16 Altona Street, W. Perth 6005. Harden, East & Conti, 56 Kings Park Road, W. Perth 6005. Dated at Perth this 2nd day of November, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. RANGERS (National Parks Authority). Award No. 17 of 1981. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. Al7of 1981. Between Cleaning, Security and Allied Employees Union Applicant, and National Parks Authority of Western Australia, Respondent. Before Mr Commissioner G. L. Fielding. The 15th day of October, 1982. Miss J. P. O'Keefe on behalf of the Applicant. Mr P. J. Kelly on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: The National Parks Board Award No. 6 of 1966 governs the conditions of em- ployment of rangers employed by the National Parks Authority in various national parks throughout the State. Initially, the Award applied to those employed in classifications such as gardeners, groundsmen, caretakers and the like, including rangers, by either the National Parks Board or the Acclimatization Committee (Zoological Gardens). However, so far as the classification of Ranger was concerned, the Award fixed only the wages and the conditions with respect to annual leave, long service leave and sick leave. In 1969 the Zoological Gardens Employees Award 1969 removed from the operation of this Award those employees employed by the Zoological Gardens Board, Leaving only the employees of the National Parks Board covered under the instant Award. The Award was amended and consolidated in 1972 to acknowledge formally that it applied only to the workforce of the National Parks Board (later to be replaced by the National Parks Authority). There- after the Award established five separate classifi- cations of Ranger and set out in detail the conditions of employment therefor. Apart from some amend- ments to the provisions relating to annual leave and public holidays and adjustments to the wage rates, the Award remains in substantially the same form. The Applicant now seeks a new Award to replace the existing Award, which is derived from an Agree- ment registered in the Commission in 1966. The Re- spondent does not object to a new Award but a number of matters affecting its contents remain in issue. The principal issues concern wages, job classifi- cations, hours of work, length of contract of service, certain special allowances, and the provision of ac- commodation. Apart from the evidence usually adduced in mat- ters of this nature and as an aid to resolving the dif- ferences between the parties inspections were made of the work done by rangers at national parks in the metropolitan area, the Pilbara, the Kimberley and South-West regions of the State. Contract of Service. The Applicant seeks a fortnightly contract, but the Respondent wants only a weekly contract. The real issue is the length of notice to be given to terminate the contract. Given the distances many rangers live from civilization and the consequent need to make alternate arrangements for accommodation, I cannot think that the claim for a fortnightly contract is un- reasonable. It will not affect dismissal for miscon- duct, but will allow the rangers to make arrange- ments, which they are in many cases likely to have to do, to relocate themselves and their dependants. Hours of Duty. The Award initially fixed the ordinary hours of work for all classifications except that of Ranger at 40 per week, and stipulated that those hours be worked between 8.00 a.m. and 5.00 p.m. on any day. The Ranger classification was expressly excluded from the Hours clause in the Award, and so had no fixed hours of duty. When in 1972 the Award was amended and consolidated, it fixed ordinary hours of work for the two lowest paid grades of Ranger on the same lines as had initially applied to other classifi- cations under the Award. Rangers grades 1, 2 and 3 expressly had no fixed hours of work. They became entitled to one day off each week "by arrangement", except the resident Ranger at Matilda Bay, who was entitled to two days off, and an extra two weeks' annual leave. In 1973, Rangers grades 1, 2 and 3 be- came entitled to a loading of 25 per cent and the reference to the Ranger at Matilda Bay was repealed. That is as the position remains today, save that there are now four grades of Ranger and not five. The Applicant seeks a 40-hour, five-day week for all, with at least one weekend in seven off. Its argu- ment is that a working week of not more than 40 or- dinary hours is the community standard, and the em- ployees working under this Award are entitled to have that standard apply to them. Rangers in other States, in the main, work a 40-hour week or less, and a five-day week or a ten-day fortnight is the norm. Very few rangers employed interstate work a six-day week as is done in this State. Evidence was adduced of hardships which result to these employees from a six-day week. For example, some spoke of being un- able to interact with their families as much as did other employees, of being unable to fulfil social en- gagements, and of being unable to be out of the con- stant eye of the touring public. The Respondent's submission was that the status quo should remain. The obligations required of the Authority under the National Parks Authority Act and, in turn, of rangers, were such that they could not adequately be met by working a five-day, 40-hour week. There is no doubt a lot to be said for the argument that the standard working week is now no more than 40 hours and getting less. Prima facie at least there is every reason to conclude that it is unjust at this time to prescribe a normal working week in excess of 40 hours. But not all industries have the same demands or idiosyncrasies; each has to be looked at having re- gard to its own peculiarities. The plain fact is that there are peculiarities about the role of a national park ranger which do not exist for other occupations. The Authority's charter is unique to it in this State at least. There are few if any other industries which re- quire their employees to perform tasks like those of the rangers under review. Theirs is a special vocation, 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2733 requiring them to superintend large tracts of land, often in remote parts of the State, in an endeavour to maintain a balance between human recreational ac- tivities and the natural environment comprising national parks. That function is such that as a gen- eral rule it cannot be done on a routine basis. The rangers who gave evidence in these proceedings testified to that, and it was confirmed by the inspec- tions undertaken by the Commission. Tourists come and go at all time of the day and night. Their needs for assistance from the rangers in the parks are not restricted to fixed or predetermined hours, and of course the obligation to observe their activities is governed by their movements. Likewise, some of their tasks are dependent on the unpredict- able exigencies of nature. Control burning, for example, is carried out at times dependent on the weather and, in particular, wind direction. On what I saw and heard in the course of these pro- ceedings, I very much doubt that it would be possible to perform the role of a ranger, not only in the way the Authority expects, but in the way rangers them- selves see their role, on the basis of fixed hours of duty. Nor can I see that it could be performed overall on the basis of a shorter working week. The evidence of one ranger, Mr Shaddick, a Mobile Ranger, is that in periods of "heavy visitation" rangers often find it "absolutely essential to work whether we are paid for it or not". There would be periods when they would still end up working a seven-day week. His attitude was that the job was as much a way of life as anything else, and if it was necessary to work beyond 40 hours to see that the balance between human recreational activities and the preservation of the environment is maintained, he would work it. The evidence of Mr Smith, a ranger from Leeuwin National Park, was much the same. His evidence was that most rangers now worked well in excess of 40 hours per week "because we believe in what we are doing", and it often saved a lot of extra bother later on. The atti- tude of both these rangers was one which on inspec- tions I found common throughout the Authority's workforce, and it is one for which the rangers deserve recognition. But I do not think that recognition is best made by fixing the hours of work in the way claimed. My concern is that the change proposed by the Applicant would not in reality mean a reduction in the workload or time spent on the job. The change I suspect would be little more than a nominal one, save that it would involved rangers incurring excess- ive amounts of overtime, at least in the tourist season. In those circumstances, it is not desirable to adjust the hours of work, (cf: In re the Coal Mining Industry Awards (1968) AILR 338, and see too: In re Pastoral Industry Award (1979) 132 CAR 671). Further, for the reasons mentioned, I doubt that it would be in the public interest to have the parks manned on such a restricted basis. While an increase in the workforce might overcome the problems spoken of by some of the rangers, it has to be recog- nised, and I think it is recognised by most, that in the national parks outside the metropolitan areas, the workload is not constant but variable, such that I suspect additional manpower is not the complete answer. There is another aspect to this matter. Just as this job requires rangers to work as and when duty calls, so too it allows them the licence of largely de- termining when it is that duty calls. They are it seems often able to make adjustments to attend to their domestic needs, and that it is as it should be. These men are chosen because they are able to work alone and without supervision, and because they have the capacity to make the necessary day to day decisions. I should have thought that the nature of the task was such that it is best done with a mini- mum of rules and regulations. There must obviously be parameters within which these men work, but to a large degree it appears from what I saw, and to a lesser extent heard, that the manner in which the parks were supervised was very much a matter of in- dividual judgement of the Ranger in C harge. I cannot say that I am convinced, on balance, after giving the matter long consideration, that the status quo should be altered. I do not doubt that there are inconveniences in working a six-day week as the rangers now do, but I think there is no other practical alternative. The evidence suggests that at times it is scarcely practical for many rangers to take even the one day off they are now allowed, let alone the two as claimed. I consider the most preferable solution is to compensate the rangers for the long hours by al- lowing extra annual leave and by the loading to which they are entitled. In that way the national parks will be able to be fully utilised and adequately cared for, and the rangers given recognition for the task they perform. I have not overlooked that in the other States it has apparently been found practical, to a large de- gree, to man the national parks on the basis of a nor- mal five-day week. The evidence as to the activities of rangers in those places, as distinct from the admin- istrative structure of the national parks services in those States, was at best scant. Whether the prob- lems and exigencies of the parks in those States are the same as in this State is far from clear. There is evidence to justify the hours which exist in this State, but little material to indicate the basis on which the hours of work are as they are in the other States. Different considerations apply with respect to the rangers who work in the national parks within the metropolitan area. They are part of a large workforce, the vast majority of whom are not called on to take charge of a park. In the main, these rangers presently work a 40-hour, five-day week, and there is no reason why they should not continue to do so. Classifications. In the past, it appears that the man rather than the job has been classified, and this, not surprisingly, has led to a feeling of uncertainty in the minds of the rangers. An attempt is now being made by the Re- spondent to classify each job according to its com- plexities, and in my view that is sensible. The Appli- cant's proposal, inter alia, is that all rangers in charge of a national park should be classified as a Senior Ranger, those who assist such a person should be classified together, and the two other categories of Ranger be defined by reference to length of service. The Respondent objects to the classifications being defined in the Award, suggesting that it might be ultra vires the National Parks Authority Act to do so. ^ There can be no valid objection in principle to de- fining in the Award the role in broad terms. It is almost universally done in those Awards where the classification title does not speak for itself, as is the case in this Award. Indeed, such is the case in the Zo- ological Gardens Award, which in part replaced this Award, and where there are multiple gradings of similarly titled classifications. Furthermore, the un- certainties and the feelings of injustice of the past will remain unless the classification structure is clear to all. The suggestion that to define the classifi- cations in the Award would offend against the National Parks Authority Act is without foundation. The Award by its scope is limited to employees of the Authority, and that I should have thought would limit its operation to rangers appointed under section 27(1)(e) of the Act. Honorary rangers, members of the police force and others, excluding the Director, who are ex-officio rangers, are not employees of the Authority. Further, they are neither in charge of a national park nor do they work under the supervision of other rangers in the sense of the Applicant's pro- posed definitions. The same might be said of the Di- rector and the administrative staff, who are ap- pointed under and are subject to the Public Service Act by virtue of section 14(1) of the National Parks 2734 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. Authority Act, and therefore excluded from the jurisdiction of the Commission. Rather than being ultra vires the Act, I should have thought section 14(4) clearly recognised that the Award might con- tain provisions of this nature. However, the definition to be ascribed to each classification presents some problem. The difficulties are that the differences between the tasks performed at the two base level classifications were not disclosed in any detail. My impression was that grade 4 classifi- cation comprises those who perform mainly the more routine tasks and usually under the direction of a more senior ranger. As such, these posts were almost exclusively attached to parks within the metropolitan area. Those in the grade 3 classification generally as- sist rangers in charge at parks outside the metropoli- tan area, and perform more difficult and less routine functions than might be expected of a "base grade ranger". These differing characteristics are not deter- mined by length of service, as is apparent from the evidence adduced by the Director (Exhibit D) and re- inforced by the inspections. To classify all rangers in charge of a national park (other than Yanchep and John Forrest National Parks) at the same classification, ignores the differ- ences in workload and responsibilities at the various parks which were apparent from the inspections as well as from the evidence adduced by the Respon- dent's Director, and Exhibit E in particular. I accept that the location, physical characteristics and the volume of public usage create a variance in the work value of the management task at each park, as Mr Sanders asserted. Further, the Applicant's proposal in this respect limits the scope for promotion of the rangers in charge, which is something most com- plained of. With two classifications covering the role of a ranger in charge, there is some scope for pro- motion, whilst the Applicant's proposal makes the problem more acute than it now is. The Applicant put forward little to substantiate its proposal with respect to the classification structure, and I do not think it can be heard to complain if the classifications are defined largely on the basis of the existing structure as displayed in Exhibit E, which sets out the characteristics of each park and the manning details thereof. It is almost impossible on the evidence adduced in these proceedings to make a proper assessment of the work value of one park as against another, although I have no reason to doubt the assessment of each of the park's characteristics, as made by the Respondent's Director in Exhibit E. There ought to be added separate classifications of Mobile Ranger. To some extent this job differs from park to park and so a separate classification is war- ranted, as no other classification has that character- istic. At present, it would appear that all mobile rangers are classified as either Rangers Grade 3 or Grade 2. Apart from length of service there is no logi- cal justification for having the two classifications, since a mobile ranger is liable to be moved to any park in the State. On this basis, there is good reason to provide two grades for this classification. There is otherwise no scope for promotion unless they cease to be mobile rangers, and there is an obvious advantage to the Respondent in having them remain as mobile rangers for a longer period than three years. There is effectively a two level scope for promotion for rangers in charge and for the other rangers, and the same ought to apply to mobile rangers. However, their role is such that the level of remuneration ought be some- thing less than that for a ranger in charge. While at the various parks the work they carry out is little, if any, different from that of the resident rangers, there must be some added responsibility of being the ranger in charge. Moreover, there is no automatic progression to a ranger in charge as would be the import of the Applicant's proposal. Wages. The Applicant seeks new wage rates derived in a general way from the average of what it sees as the comparable classifications for rangers working in the various other States and territories of the Common- wealth. It seeks a new minimum total rate for the base grade Ranger of $274.10 and a maximum rate for the highest grade Ranger of $366.00, representing increases in the order of between $44 and $122 per week. Its principal contention is that there is very little variation in the actual duties and roles per- formed by the rangers throughout the Common- wealth. The Respondent's contention is that the rates of pay for these employees should be based on the rates of pay prescribed from time to time under the Cleaners and Caretakers (Government) Award. This, the Respondent said, has been the source for wage adjustments on some occasions in the past, and more- over provides the fairest comparison for these pur- poses. The Respondent challenged the validity of the interstate comparisons largely, but not solely, on the grounds that, with the exception of Victoria, the other States did not have a separate Wildlife Service, as is the case in this State. On the evidence adduced in these proceedings, I have the utmost difficulty in concluding that the comparisons made between the classifications in this State and the various classifications in the other States are as valid as is claimed by the Applicant. In some States, as for example Queensland, it appears that the basic educational qualifications for rangers are significantly different from those which exist in this State. In some of the States, rangers are part of the public service, which is not so in this State. In some States, specialist ecological functions are per- formed by senior rangers, which is not so in this State. There is a specialist ecologist on whom rangers have to rely. Further, it seems that some of the more mundane tasks performed by rangers in this State are performed by "park wardens" or "park workers" in New South Wales and Victoria respectively. In ad- dition, it appears that the enforcement responsibilities differ in some States from those in this State. The position in this respect was made more difficult because such viva voce evidence as there was on this subject was conflicting. The Direc- tor of the Respondent Authority thought that the service in this State was unlike those in the other States, whereas the Deputy Chairman of the Select Committee of the Legislative Council on National Parks thought otherwise. Neither person, unfortu- nately, has the task of making the final assessment in this matter. In my view that can only satisfactorily be done by first-hand evidence. I adhere to what I have previously said in respect of interstate comparisons (see: In re Cleaners and Caretakers (Metropolitan Market Trust) Award (1982) 62 W.A.I.G. 1959, and In re Art Gallery At- tendants and Groundsmen Award, Applns. 345 and 346 of 1982); in particular, that it is unsafe to follow interstate precedents "unless the actual nature of the work, its responsibilities, the conditions under which it is carried out, the circumstances under which the award or agreement is made, and the standard of the salaries paid to other officers in the same service are fully disclosed and explored by the Commission (Crown Employees (Legal Officers, Government Insurance Office) Award (1949) 48 AR (NSW) 825, 831). Not by any standard could it be said that such matters were fully disclosed and explored by the Commission on this occasion. The viva voce evidence was confusing and largely subjective. The documen- tary evidence, though not irrelevant, did not, and I suggest could not, satisfactorily explain the nature of the work said to be comparable, or the circumstances under which it was performed. On the other hand, I should be most surprised, having seen the rangers at 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2735 work throughout the State, if the wages and con- ditions prescribed for those working under the Cleaners and Caretakers (Government) Award afford a fair basis for determining the rates of pay in question. Cleaning and caretaking are but a small part of the duties required of these men. They have a significant public relations role to play, they often perform quasi-tradesman tasks, and they have the re- sponsibility in many cases of supervising large areas of land and of controlling the activities of many people who might be on that land at any time. My impression of the work required of rangers in charge of the various parks, formed largely by first hand observation, leads me to conclude that there ought to be a larger wage differential over the other classifications than that which obtains under the present Award, In all the circumstances, I fix the total rates of pay for the various classifications as fol- lows:— Ranger Grade 4. $ 1st year of employment 241.00 2nd year of employment 243.80 3rd year of employment 246.60 Ranger Grade 3. 1st year of employment 247.00 2nd year of employment 249.80 3rd year of employment 252.60 Ranger Grade 2. 1st year of employment 262.00 2nd year of employment 264.80 3rd year of employment 267.60 Ranger Grade 1. 1st year of employment 269.00 2nd year of employment 271.80 3rd year of employment 274.60 Mobile Ranger Grade 1. 1st year of employment 247.00 2nd year of employment 249.80 3rd year of employment 252.60 Mobile Ranger Grade 2. 1st year of employment 255.50 2nd year of employment 258.30 3rd year of employment 261.10 Such an assessment represents for the base grade Ranger an increase in the order of $19 per week, and for the Ranger grade 1 an increase in the order of $30 per week. Little or nothing was put in support of the leading hands allowance. It would seem that apart from the national parks in the metropolitan area, such an al- lowance has little relevance, and that being so the existing formula has more to commend it than has the Applicant's proposal. Mobile Rangers Allowance. The Applicant sought an allowance of $120 per week for the maintenance and upkeep of caravans in which Mobile Rangers are required to live. It is a con- dition of their employment that they have such an appliance and they are supplied with a vehicle to tow it about. Evidence was adduced as to the cost of cara- vans and their expected working life. I have no reason to doubt the accuracy of the Applicant's assessment of the cost of acquiring and maintaining caravans, although the inspections suggested that some cara- vans were older than was said to be the usual life ex- pectancy of the caravans, and I suspect the caravans will have some value at the end of that time. The Respondent now pays an allowance of $10 per week towards the maintenance of the caravans, and I think it reasonable that there be such an allowance, for if nothing else the caravans avoid the need for the Respondent to provide other accommodation for the rangers who use them. However, I do not consider the allowance should be on the basis of a recoup of the capital cost of the caravan. The caravans are all to some degree used for private purposes, as the rangers have to live somewhere. If they were not living in the caravan they would be living in their own house or someone else's for which they would presumably have to pay some cost. The Respondent opposed the granting of such an allowance in the Award and any increase in the magnitude of the present payment made by "administrative instruction". The contention on its behalf was that the wage rates for mobile rangers already made allowance for the disabilities com- plained of, and the allowance was little more than an ex-gratia payment. If, as appears to be the case, the ex-gratia payment has been paid for some time and is to be reviewed annually in the future. I cannot see why provision for a similar allowance cannot be in- serted into the Award now. I cannot understand how it can be said that the wage rate includes allowance for the disabilities complained of. Mobile Rangers are now paid the same as are grade 2 or grade 3 rangers and their work, even when they are experienced, is little different. My inspections of the work and ar- rangements for mobile rangers in the field leaves me to conclude that the Award ought to make some pro- vision to compensate for some of the additional costs and disabilities of living in and maintaining a cara- van. Initially, at least, the allowance will be fixed at $20 per week. The survey adduced in evidence suggests that on average the maintenance costs are sufficiently covered by the present allowance and the additional sum now prescribed will to some extent compensate for the other costs and disabilities. The claim with respect to transfer and travelling is adequately covered by transfer provisions in the Award. The indications are that mobile rangers work- ing in remote places are permitted to travel to Perth in the Authority's time on taking annual leave, and there is no reason why that provision should not be continued, but there was little put to support the claim for airfares in excess of the usual government wages employees' entitlement. Special Rates and Conditions. The claim for hot showers, refrigerators and food warmers at certain of the multi-manned parks in my view can best be dealt with by a provision requiring the Respondent to provide reasonable change rooms and the like, and where practicable suitably equipped messing facilities. What I saw at Yanchep did not suggest that there is a pressing need for the specified items, particularly given that most employees live on the premises. The evidence with respect to John Forrest National Park was all but non-existent. Such evidence as there was directly on the matter suggests there are already hot and cold showers at Matilda Bay. The claim for additional payment for cleaning closets not connected to sewer or septic tank is not made out. On the inspections I saw nothing to justify the additional claim, indeed often those closets ap- peared in better condition than some others, at Yanchep for example. Again, so far as the claim for rubbish removal is concerned, whilst I accept that at times it is not a pleasant task, it is part of the role of rangers and taken into account in fixing the rate of pay. Often it is performed as part of a general park patrol and I do not think it ought, therefore, to be the subject of a special allowance. With respect to the claim for a first aid allowance: there is a lot to be said for the view that since there is no obligation that a ranger at each park hold such a certificate, there is no justification for provision for such an allowance in the Award. Of the precedents referred to by the Applicant, the Government Water Supply, Sewerage and Drainage Employees Award 1981, for example, requires the employer not only to maintain a first aid kit, but to have one employee in each group qualified to use it. Those being the cir- cumstances it is not surprising to find such an allow- ance, but there is no such requirement here. On the 2736 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. other hand, it is clearly a benefit to both the Auth- ority and the public for the employees to hold a certificate in first aid. That appears to have been rec- ognised by the employer in the past, by payment of a small weekly allowance. On balance, there appears some justification for formalising the existing ar- rangement, but doing no more, at least for the time being. During the course of these proceedings, and appar- ently before the Select Committee of the Legislative Council enquiring into National Parks, much was made of the need for rangers to be in communication at all times with their home and with the outside world. The evidence disclosed that as a general rule all houses, except the ranger's house at Hamersley National Park, now have telephone contact with the outside world, and that has radio contact with the outside world. While I can see benefits in having radio contact from home to ranger in the field, if a ranger is injured or lost while away from his vehicle, as happened with grave consequences at Cape Arid National Park not long ago, such a radio is of little immediate assistance. Such evidence as there is suggests that the Applicant's proposal would be ex- pensive and fraught with technical problems, given the controls exercised by others with respect to these matters. In all the circumstances I am not prepared to accede to the claim. The claim for payment by the Respondent of all electricity charges is based on the proposition that rangers incur high costs in buying fuel to run their generators. The inspections disclosed that this was not so, except possibly in the case of mobile rangers. So far as the claim with respect to secure fly screen doors is concerned, the Respondent has agreed to supply the same, and few could question the need therefor, given the remoteness of many of the houses and the strange propensities of some modern human beings. In view of the steps taken by the Respondent, I see no need for such a provision as that sought in this respect. There can be little justification in principle for, and little was put in support of the broad provision requiring a standard of accommodation for rangers as agreed between the Applicant and the Respondent, (cf: In re Engineering Trades (Government) Award case (1982) 61 W.A.I.G. 1269). I doubt that it is the function of the Commission to involve itself with such matters, but in any event, as a general prop- osition, the standard of housing was not such as to suggest it was in any way substandard such as to war- rant the involvement of the Commission. General. Where there was a difference of opinion between the parties on most of the other matters, they largely concern questions of "standards". In those cases, given the nature of their employment, I think it pref- erable to adopt the standards for government wages employees rather than any other. In my view, there is some substance in the submission of the Applicant that the government sick leave provision should be altered to make provision for alternative proof of ill- ness, where by reason of isolation there is no medical assessment available. As to call out on overtime, I think a four-hour minimum can be justified, if only on the basis that the existing Award is built around a four-hour period, at least on weekends. I see no reason to include the provision relating to bans and limitations in the overtime clause, even though it is commonly found in Government wages employees Awards. There is nothing to suggest these employees have in the past engaged in such activities; indeed, quite the contrary. Conformity for conformity's sake is hardly a sound basis for award prescriptions. In view of the conclusion arrived at with respect to rangers' hours of work, it would be inappropriate to provide a separate loading for weekend work. Such a disability forms part of the basis for the 25 per cent loading to which most rangers are entitled. The payment of overtime and penalty entitlements ought to be paid as soon as is reasonably practicable, and I cannot think there can be much justification for inordinate delays, although given the remoteness of the residences of some rangers, a delay beyond the pay period following the pay period in which they fell due might not be unreasonable. As to the higher duties provision, there is some difficulty in fixing a government standard, given what appears in some of the more modern government Awards to which the Applicant referred. In all the circumstances I have opted for the Applicant's proposal. The parties agree that the Award should contain what is a standard provision in respect of supplying rangers with protective clothing. This being so, and because the preponderance of the evidence suggests that rangers are not required or permitted in the course of their duty to use chemical sprays, nor are they expected to so closely supervise their use or to come into contact with them, I am not prepared to accede to the claim in respect of the use or super- vision of chemical sprays. The Applicant also sought for its members the right to short unpaid leave of absence to allow at- tendance at Union meetings, which provision the Re- spondent opposed. I should have thought, given the nature of their vocation, it would not be too difficult for rangers to arrange their affairs so as to attend such meetings without the need for leave. However, in my view, the question of attendance at meetings of ohis nature is one for the members, not for the em- ployer, and the claim is therefore refused, (cf: In re Hospital Employees' (Security) Award (1981) 61 W.A.I.G. 2012). Casual Employees. The Respondent in its answer sought to include some provision for casual workers. Although there was no evidence of casual work in this industry, the National Parks Authority Act expressly authorises the Authority to engage "temporary employees". I can see no reason why the Award should not now pro- vide, at least in part, for such an eventuality to the extent proposed by the Respondent. If nothing else, it simply puts beyond doubt that the Award in the main applies to permanent full-time employees only. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. A 17 of 1981. Between Cleaning, Security and Allied Employees Union Applicant, and National Parks Authority of Western Australia, Respondent. Award. HAVING heard Miss J. P. O'Keefe on behalf of the Applicant and Mr P. J. Kelly on behalf of the Re- spondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby makes the following Award— Award No. 17 of 1981. 1.—Title. This award shall be known as the Rangers (National Parks Authority) Award, 1982 and replaces Award No. 6 of 1966. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term. 5. Definitions. 6. Contract of Service. 24thNovember, 1982,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2737 7. Hours. 8. Roster. 9. Overtime. 10. Saturday and Sunday Work. 11. Annual Leave. 12. Public Holidays. 13. Sick Leave. 14. Maternity Leave. 15. Long Service Leave. 16. Compassionate Leave. 17. Wages. 18. Payment of Wages. 19. Higher Duties. 20. Special Rates and Conditions. 21. District Allowance. 22. Change Rooms and Mess Facilities. 23. Protective Clothing and Equipment. 24. Transfers and Termination. 25. Fares and Travelling. 26. Right of Entry. 27. Time and Wages Record. 28. Posting of Award. 29. No reduction. 3.—Area and Scope. This Award shall apply to employees employed by the National Parks Authority under and by virtue of section 14 (3) of the National Parks Authority Act 1976 throughout the State of Western Australia, classified in Clause 17.—Wages, hereof. 4.—Term. This Award shall operate for a period of one year from 26th October, 1982 except that rates of pay pre- scribed in Clause 17.—Wages shall operate from the beginning of the first pay period commencing on or after 1st September, 1982 in relation to work in ordi- nary hours. 5.—Definitions. (1) "Casual employee" means an employee who is employed by the hour. (2) "Employer" shall mean the National Parks Authority of Western Australia. (3) "Mobile Ranger Grade 2" shall mean a Ranger appointed under the National Parks Authority Act, but who is required to move from park to park with- out notice as the employer may require, and for that purpose required to maintain mobile accommo- dation. (4) "Mobile Ranger Grade 1" shall mean a Mobile Ranger in his fourth and subsequent years of employ- ment. (5) "Ranger Grade 4" shall mean a Ranger ap- pointed as such under the National Parks Authority Act who works under the supervision and control of another Ranger; and shall include Rangers employed at Matilda Bay. (6) "Ranger Grade 3" shall mean a Ranger ap- pointed as such under the National Parks Authority Act who generally works under the supervision and control of another Ranger but who may be expected to assume control of a park in the absence of the Ranger in charge. (7) "Ranger Grade 2" shall mean a Ranger ap- pointed as such under the National Parks Authority Act in charge of a National Park. (8) "Ranger Grade 1" shall mean a Ranger ap- pointed as such under the National Parks Authority Act in charge of a National Park which by reason of location, physical features and public usage requires responsibilities additional to those required of a Ranger Grade 2 and shall include the Ranger second in charge of Yanchep or John Forrest National Parks. (9) "Union" shall mean the Cleaning, Security &. Allied Employees Union. 6.—Contract of Service. (1) Except in the case of a casual employee the con- tract of service of every employee shall be a fort- nightly one terminable by two weeks' notice on either side, given on any working day, or, in the event of such notice not being given by the payment of two weeks' wages by the employer or the forfeiture of two weeks' wages by the employee. (2) The engagement of a casual employee may be terminated at any time without notice. Provided that all wages due to him shall be paid immediately upon the termination of his engagement. (3) Notwithstanding the provision of subclause (1) of this clause a period of notice of less or more than two weeks may be given if mutually agreed to be- tween employer and employee. (4) The employer shall be under no obligation to pay for any day not worked on which the employee is required to present himself for duty, except when such absence from work is due to illness and comes within the provisions of Clause 13.—Sick Leave or such absence is on account of holidays to which the employee is entitled under the provisions of this award. (5) This clause does not affect the employer's right to dismiss an employee for misconduct and an em- ployee so dismissed shall be paid wages up to the time of dismissal only. 7.—Hours. (1) Except as hereinafter provided the ordinary hours of work shall not exceed 40 in any week and shall be worked between the hours of 8 a.m. and 5 p.m. (2) There shall be no fixed hours of work for Rangers Grades 1, 2 and 3 or for Mobile Rangers, but such workers shall be entitled to one full day off duty per week to be fixed by arrangement between the em- ployer and the employee concerned. 8.—Roster. (1) The employer shall cause to be prepared and exihibited a roster or rosters showing:— (a) the name of each employee; and (b) the days and hours over which an employee shall be required to perform his ordinary hours of work. (2) Separate rosters shall be prepared and exhibited for each group of employees employed by the employer. (3) A roster may be altered at any time by agree- ment between the employer and employee. 9.—Overtime. (1) Except as otherwise provided in this clause, all time worked in excess of or outside the usual hours of work or, in the case of rostered employees, outside the rostered hours of work shall be overtime and paid for at the rate of time and one half for the first two hours and double time thereafter. (2) (a) Where overtime is worked on Saturdays prior to tweleve noon the employee shall be paid at the rate of time and one half for the first two hours and double time thereafter. (b) Overtime worked after twelve noon on Saturdays shall be paid at the rate of double time. (c) All overtime performed on Sundays shall be paid at the rate of double time. (3) The employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements. (4) Rangers Grade 1, 2 and 3 shall be exempt from the provisions of subclause (1) and (2) of this clause provided that if an employee so specified is required to work on a day off duty he shall be paid at the rate of double time for any time so worked. 2738 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. (5) In computing overtime each day shall stand alone but when an employee works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day's work for the purpose of this subclause. (6) (a) When overtime work is necessary it shall, wherever reasonably practicable be so arranged that employees have at least 10 consecutive hours off duty between the work on successive days. (b) An employee who works so much overtime be- tween the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not had at least 10 consecu- tive hours off duty between those times shall, subject to this paragraph, be released after completion of such overtime until he has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (c) If, on the instructions of his employer, such an employee resumes or continues work without having had such 10 consecutive hours off duty, he shall be paid at double time rates until he is released from duty for such period and he shall then be entitled to be absent until he has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (d) Where an employee is called into work on a Sunday or holiday preceding an ordinary working day, he shall, wherever reasonably practicable, be given 10 consecutive hours off duty before his usual starting time on the next day. If this is not practi- cable then the provisions of subparagraphs (b) and (c) of this paragraph shall apply mutatis mutandis. Provided that overtime worked as a result of a recall, shall not be regarded as overtime for the purpose of this paragraph, when the actual time worked is less than three hours on such recalls or on each of such recalls. (e) An employee called back to work after the nor- mal working time without prior notice shall be paid a minimum of three hours at the appropriate overtime rate. (7) (a) An employee required to work continuous overtime for more than one hour shall be supplied with a meal by the employer or be paid $3.00 for a meal, and if, owing to the amount of overtime worked, a second or subsequent meal is required he shall be supplied with each such meal by the em- ployer or be paid $2.10 for each meal so required. (b) The provisions of paragraph (a) of this subclause do not apply— (i) in respect of any period of overtime for which the employee has been notified on the previous day or earlier that he will be re- quired; or (ii) to any employee who lives in the locality in which the place of work is situated who can reasonably return home for meals; or (iii) where the overtime worked is outside the customary meal time. (c) If an employee provides himself with a meal or meals and is not required to work overtime or is re- quired to work less overtime than the period notified, he shall be paid for each meal provided and not re- quired, the appropriate amount prescribed in para- graph (a) of this subclause. (d) An employee required to work continuously from midnight to 6.30 a.m. and ordered back to work at 8.00 a.m. the same day shall be paid $2.10 for breakfast. (e) The provisions of this subclause do not operate so as to require payment of more than double time rates, or double time and one half on a holiday pre- scribed under this award for any work. (8) If when the meal time customary in the indus- try arrives, an employee is required to continue work- ing and his meal interval is thereby deferred, he shall be paid at overtime rates until he gets a meal interval of the customary duration. (9) Provided that if the continuance of work is reasonably necessary and could not have been avoided by any reasonable action of the employer, the employer shall be allowed time not exceeding 20 minutes before such penalty rate begins to accrue. 10.—Saturday and Sunday Work. (1) All ordinary time worked between midnight on Friday and midnight on Saturday shall be paid at the rate of time and one half. Sunday at the rate of double time. (2) The provisions of this clause shall not apply to Rangers' Grades 1, 2 and 3 where such Rangers' ordi- nary rostered hours of work are spread over any six days of the week. 11. Annual Leave. (1) (a) Except as hereinafter provided a period of four consecutive weeks' leave with payment of ordi- nary wages as prescribed shall be allowed annually to an employee by his employer after a period of 12 months' continuous service with such employer. (b) If after one month's continuous service in any qualifying 12 monthly period an employee lawfully leaves his employment or his employment is termin- ated by the employer through no fault of the em- ployee the employee shall be paid 3.08 hours' pay at his ordinary rate of wage in respect of each com- pleted week of continuous service in that qualifying period. (2) Notwithstanding the provision of subclause (1) of this Clause the following provisions shall apply to Rangers' Grades 1, 2, and 3 whose ordinary hours of work are spread over any six days of the week and who are excluded from the provisions of Clause 12.—Public Holidays. (a) Subject to the provisions of this subclause a period of six consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to an employee by his employer after a period of 12 months continuous service with that employer. (b) An employee subject to this subclause if after completing one month's continuous service in any qualifying 12 monthly period lawfully leaves his employment or his em- ployment is terminated by the employer through no fault of the employee, shall be paid 4.62 hours pay at his ordinary rate of wage in respect of each completed week of continuous service in that qualifying period. (3) "Ordinary wages" for an employee shall mean the rate of wage including service pay the employee has received for the greatest proportion of the calen- dar month prior to his taking the leave. (4) In addition to any payment to which he may be entitled under subclause (1) or (2) of this clause, an employee whose employment terminates after he has completed a 12 monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period, shall be given payment in lieu of that leave and the loading prescribed in subclause (9) hereof unless— (a) he has been justifiably dismissed for miscon- duct; and (b) the misconduct for which he has been dis- missed occurred prior to the completion of that qualifying period. (5) An employee may be granted annual leave with payment of ordinary wages as prescribed prior to his having completed a period of 12 months' continuous service, in which case should the services of such em- ployee terminate or be terminated prior to the 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2739 completion of 12 months' continuous service, the said employee shall refund to the employer the difference between the amount received by him for wages in re- spect of the period of his annual leave and the amount which would have accrued to him by reason of the length of his service up to the date of the ter- mination of his services. (6) (a) When computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period that an employee is on annual leave and/or holidays. Provided that no de- duction shall be made for any approved period an employee is absent from duty through sickness, with or without pay, unless the absence exceeds three cal- endar months, in which case deduction may be made for such excess only. (b) Approved periods of absence from work caused through accident sustained in the course of employ- ment shall not be considered breaks in continuity of service, but the first six months only of any such period shall count as service for the purpose of com- puting annual leave. (7) When work is closed down for the purpose of al- lowing annual leave to be taken, employees with less than a full year's service shall only be entitled to pay- ment during such period for the number of days leave due to them. Provided that nothing herein contained shall deprive the employer of his right to retain such employees during the close down period as may be re- quired. (8) Employees regularly working north of South Latitude 26 shall be allowed to accumulate annual leave for two years, subject to the convenience of the employer. Such employees who proceed to Perth and Geraldton during the period of such leave shall be al- lowed once in each two years reasonable travelling time on the forward and return journeys between the place of their employment and either of the said cities. (9) In addition to the payment prescribed for annual leave an employee shall receive a loading cal- culated on the rate of wage prescribed by subclause (3) hereof. The loading shall be as follows:— (a) An employee proceeding on annual leave shall be paid, in addition to the ordinary payment for such leave, a loading of 17'A per cent calculated on the rate of wage pre- scribed by subclause (3) of this clause. (b) Provided that the maximum loading pay- able shall not exceed the amount set out in the Commonwealth Bureau of Census and Statistics Publication for "average weekly earnings per male employed unit" in West- ern Australia for the September quarter im- mediately preceding the date of accrual of such leave. (c) The loading prescribed by this subclause shall not apply to proportionate leave on termination. (10) The provisions of this clause shall not apply to casual employees. 12.—Public Holidays. (1) (a) The following days or the days observed in lieu shall, subject as hereinafter provided, be allowed as holidays, without deduction of pay, namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in the subclause. (b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. (2) (a) Whenever any of the days referred to in subclause 1 (a) hereof falls on an employee's ordinary working day and the employee is not required to work on such day he shall be paid for the ordinary hours he would have worked, on such day had it not been a holiday. (b) If any employee (other than a Ranger Grades 1, 2 or 3 in receipt of the loading referred to in subclause (1) of Clause 17—Wages) is required to work on a holiday he shall be paid for the time worked at the rate of double time and one half. Pro- vided that in lieu of the foregoing provisions of this paragraph and subject to agreement between the em- ployer and the employee, work done on any day pre- scribed as a holiday under this award shall be paid for at the rate of time and one half and the employee shall, in addition be allowed a day's leave with pay to be added to his annual leave or be taken at some sub- sequent date if the employee so agrees. (3) When the employee is absent on leave without pay, sick leave without pay or workers' compensation any day falling during such absence shall not be treated as a paid holiday. Where the employee is on duty or available for duty on the working day im- mediately preceding a holiday, or resumes duty or is available on the working day immediately following a day observed as a holiday as prescribed in this clause, the employee shall be entitled to be paid for such hol- iday. (4) The provisions of this clause shall not apply to Rangers' Grades 1, 2 and 3 who are in receipt of the loading referred to in subclause (1) of Clause 17—Wages, or to casual employees. 13.—Sick Leave. (1) (a) An employee shall be entitled to payment for non-attendance on the ground of personal ill health or injury for one-sixth of a week's pay for each completed month of service. (b) Payment hereunder may be adjusted at the end of each accruing year, or at the time the employee leaves the service of the employer in the event of the employee being entitled by service subsequent to the sickness in that year to a greater allowance than that made at the time the sickness occurred. (2) The unused portion of the entitlement pre- scribed in subclause (1) hereof in any accruing year shall be allowed to accumulate and may be availed of in the next or any succeeding year. (3) In order to acquire entitlement to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of his inability to attend for work, the nature of his illness or injury and the estimated duration of the ab- sence. Provided that such advice other than in extra- ordinary circumstances shall be given to the em- ployer within 24 hours of the commencement of the absence. (4) No employee shall be entitled to the benefit of this clause unless he produces proof to the satisfac- tion of the employer or his representative of such sickness provided that the employer shall accept as satisfactory proof a statutory declaration or like proof where by reason of remoteness from medical fa- cilities it is impractical to procure a medical certificate for absences of less than three consecutive working days unless the total of such absences ex- ceeds five days in any one accruing year. (5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when he is absent on annual leave and an em- ployee may apply for and the employer shall grant paid sick leave in place of paid annual leave. 2740 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medi- cal practitioner that he was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he pro- ceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a) and (b) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 11—Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 11—Annual Leave shall be deemed to have been paid with respect to the re- placed annual leave. (6) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation Act nor to employees whose illness or injury is the result of the employee's own misconduct. (7) The provisions of this clause do not apply to casual employees. 14.—Maternity Leave. (1) Eligibility for Maternity Leave: An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medi- cal practitioner stating the presumed date of her con- finement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave. For the purpose of this clause:— (a) An employee shall include a part-time em- ployee but shall not include an employee en- gaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid ma- ternity leave. (2) Period of Leave and Commencement of Leave— (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an un- broken period of 12 to 52 weeks and shall in- clude a period of six weeks' compulsory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) An employee shall not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) An employee shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to com- mence maternity leave, stating the period of leave to be taken. (d) An employee shall not be in breach of this clause as a consequence or failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date. (3) Transfer to a Safe Job— Where in the opinion of a duly qualified medi- cal practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as ma- ternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of Period of Maternity Leave— (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity Leave— (a) Maternity Leave, applied for but not com- menced, shall be cancelled when the preg- nancy of an employee terminates other than by the birth of a living child. (b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employee which shall not exceed four weeks from the date of no- tice in writing by the employee to the em- ployer that she desires to resume work. (6) Special Maternity Leave and Sick Leave— (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then: (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work; or (ii) for illness other than the normal consequences of confinement she shall be entitled either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly quali- fied medical practitioner certifies as necessary before her return to work. (b) Where an employee not then on maternity leave suffers illness related to her preg- nancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2741 of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purpose of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) An employee returning to work after the completion of a period of leave taken pursu- ant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly compar- able in status and salary or wage to that of her former position. (7) Maternity Leave and Other Leave En- titlements: Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks: (a) An employee may, in lieu of or in conjunc- tion with maternity leave take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on ma- ternity leave. (8) Effect of Maternity Leave on Employment: Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of ser- vice for any purposes of the award. (9) Termination of Employment— (a) An employee on maternity leave may ter- minate her employment at any time during the period of leave by notice given in accord- ance with this award. (b) An employer shall not terminate the em- ployment of an employee on the ground of her pregnancy or of her absence on ma- ternity leave, but otherwise the rights of an employer in relation to termination of em- ployment are not hereby affected. (10) Return to Work After Maternity Leave— (a) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of ma- ternity leave. (b) An employee, upon the expiration of the no- tice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the em- ployee is qualified and the duties of which she is capable of performing, she shall be en- titled to a position as nearly comparable in status and salary or wage to that of her for- mer position. (11) Replacement Employees— (a) A replacement employee is an employee specifically engaged as a result of an em- ployee proceeding on maternity leave. (b) Before an employer engages a replacement employee under this subclause, the em- ployer shall inform that person of the tem- porary nature of the employment and of the rights of the employee who is being re- placed. (c) Before an employer engages a person to re- place an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement employee. (e) A replacement employee shall not be en- titled to any of the rights conferred by this clause except where her employment con- tinues beyond the 12 months qualifying period. 15.—Long Service Leave. (1) The conditions governing the granting of long service leave to Government wages employees gener- ally shall apply to employees covered by this award. 16.—Compassionate Leave. (1) An employee shall on the death within Aus- tralia of a husband, wife, de-facto wife or husband, father, mother, brother, sister, child or stepchild, be entitled to leave up to and including the day of the funeral of such relation and such leave shall be with- out deduction of pay for a period not exceeding the number of hours worked by the employee in two ordi- nary working days. Proof of such death shall be furnished by the employee to the satisfaction of his employer. (2) Provided that payment in respect of com- passionate leave is to be made only where the em- ployee otherwise would have been on duty and shall not be granted where the employee concerned would have been off duty in accordance with his roster or on long service leave, annual leave, sick leave, workers' compensation, leave without pay or on a public hol- iday. 17.—Wages. (1) The minimum weekly rate of wage payable to employees under this award shall be as follows:— $ Ranger Grade 4 1st year 241.00 2nd year 243.80 3rd year 246.60 Ranger Grade 3 1st year 247.00 2nd year 249.80 3rd year 252.60 Ranger Grade 2 1st year 262.00 2nd year 264.80 3rd year 267.60 Ranger Grade 1 1st year 269.00 2nd year 271.80 3rd year 274.60 Mobile Ranger Grade 2 1st year 247.00 2nd year 249.80 3rd year 252.60 Mobile Ranger Grade 1 1st year : 255.50 2nd year 259.30 3rd year 261.10 2742 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. Provided that the rate of pay referred to in this clause shall be increased by 25 per cent for Rangers' Grades 1, 2 and 3 where such Rangers' ordinary ros- tered hours of work are spread over any six days of the week. (2) A Ranger Grade 4 placed in charge of three or more employees shall, in addition to his ordinary rate be paid $10.40 per week extra. (3) Casual employees shall be paid 20 per cent in addition to the rates otherwise payable under this award. 18.—Payment of Wages. (1) Wages shall be paid fortnightly and any penalty entitlements as soon as reasonably practicable after the entitlement becomes due. (2) Accompanying each payment of wages shall be a statement setting out details of the wages. (3) An employee who lawfully leaves his employ- ment or is dismissed for reasons other than miscon- duct shall be paid all moneys owing to him before he leaves the establishment or the same shall be for- warded to him by post as soon as reasonably possible. (4) Subject to agreement between the employer and the employee payment shall be made in cash or by cheque. 19.—Higher Duties. An employee who is called upon to perform two or more grades of work for more than two hours on any day, shall be paid for the day at the grade for which the highest rate of wage is prescribed. Where the work for which the highest rate is pre- scribed does not exceed two hours on any day, the employee shall be paid the highest rate for the actual time so worked. 20.—Special Rates and Conditions. (1) All employees called upon to clean toilet closets shall receive an allowance of 33 cents per closet per week and for these purposes, one metre of urinal shall count as one closet and three urinal stalls shall count as one closet. (2) An employee who is the holder of an approved First Aid Certificate shall in addition to his normal rate of pay be paid an additional allowance of $1 per week. (3) Mobile Rangers shall in addition to their nor- mal rate of pay be paid an allowance of $20 per week to offset the costs associated with living in and main- taining a caravan. 21.—District Allowance. (1) Employees employed in the districts of the State described in subclause (2) of this clause shall be paid the allowance prescribed for that district. (2) The boundaries of the districts shall be:— District: 1. The area within a line commencing on coast; thence east along latitude 28 to a point north of Tailoring Peak; thence due south to Tallering Peak; thence south-east to Mt Gibson and Burracoppin; thence to a point south-east at the junction of latitude 32 and longitude 119; thence south along longitude 119 to coast. 2. That area within a line commencing on the south coast at longitude 119 then east along the coast to longitude 123; then north along longitude 123 to a point on latitude 30; thence west along latitude 30 to the bound- ary of No. 1 District. 3. The area within a line commencing on coast at latitude 26; thence along latitude 26 to longitude 123; thence south along longitude 123 to the boundary of No. 2 District. 4. The area within a line commencing on the coast at latitude 24; thence east to the South Australian Border; thence south to the coast; thence along the coast to longitude 123; thence north to the intersection of lati- tude 26; thence west along latitude 26 to the coast. 5. That area of the State situated between the latitude 24 and a line running east from Carnot Bay to the Northern Territory Bor- der. 6. That area of the State north of a line running east from Carnot Bay to the North- ern Territory Border. (3) The weekly allowance payable to employees employed in the districts of the State described in subclause (2) of this clause are as follows:— District $ (4) Employees employed in the towns shown hereunder in the districts referred to in subclause (2) of this clause shall be paid the following allowances in lieu of the rates prescribed in subclause (3) of this clause. District Town $ 1. Nil Nil 2. Kalgoorlie 1.60 Ravensthorpe 6.40 Norseman 6.40 Salmon Gums 6.40 Marvel Loch 6.40 Esperance 6.40 3. Meekatharra 10.70 Mount Magnet 10.70 Wiluna 10.70 Laverton 10.70 Leonora 10.70 Cue 10.70 4. War burton Mission 28.80 Carnarvon 10.20 5. Fitzroy Crossing 28.80 Halls Creek 28.80 Turner River Camp 28.80 Nullagine 28.80 Abydos Research Station 26.70 Liveringa (Camballin) 26.70 Marble Bar 26.70 Wittenoom 26.70 Port Hedland 23.20 6. Nil Nil (5) (a) a married male employee whose spouse is not employed by the Government shall be paid double the weekly allowance expressed herein for the district or town in which he is employed. (b) An employee other than a married male em- ployee who supplies proof that he or she is the main support of relatives or dependants resident within the State shall be paid double the weekly allowance expressed herein for the district or town in which he or she is employed. (c) In no circumstances shall the weekly allowances paid to a married couple by government employers exceed double the allowance prescribed herein nor be less than that amount. (6) The rates of allowance prescribed herein shall be adjusted every 12 months in accordance with vari- ations in the "Consumer Price Index" for Perth for the period ending December 31st each year. The ad- justment to the rates shall be effective from the be- ginning of the first pay period to commence on or after the 1st day of January in each year. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2743 (7) Where an employee is on annual leave, he shall be paid for the period of such leave the district allow- ance to which he would ordinarily be entitled. (8) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he shall only be paid district allowance for the period of such leave he remains in the district in which he is employed. (9) Liberty is reserved to the union to make appli- cation to amend this clause with respect to towns which attract allowances different from that applying generally to that district. (10) Nothing in this clause shall operate so as to reduce the district allowance being paid at the date of this order to any employee. (11) Where an employee is provided with free board and lodging by the employer the allowances prescribed herein shall be reduced to two-thirds of the full allowance. (4) All travelling time in connection with pro- motion, transfer or termination pursuant to subclauses (1) and (3) of this clause shall be paid for at a maximum travelling time per day of eight hours at the rate applicable to the time of day and the day of the week. 25.—Fares and Travelling. (1) Where an employee is required during his usual working hours, by his employer, to work away from his usual place of employment the employer shall pay the employee any reasonable travelling expenses in- curred except where an allowance is paid in accord- ance with subclause (2) hereof. (2) Where an employee is required and authorised to use his own motor vehicle in the course of his duties he shall be paid an allowance in accordance with the Public Service Motor Vehicles Allowances Award, 1976. 22.—Change Rooms and Mess Facilities. (1) Suitable dressing accommodation shall be pro- vided by the employer where employees may change their clothes. Tools and appliances shall not be kept in the dressing room. (2) All employees shall be provided with facilities for boiling water. (3) Employees shall be permitted to eat their meals in a convenient and clean place, protected from the weather, and each such employee shall remove all lit- ter and foodstuff after use. (4) Where practicable the employer shall provide suitably equipped messing and toilet facilities. 23.—Protective Clothing and Equipment. (1) Goggles, safety helmets, climbing boots, respir- ators, oilskins, gumboots, sou'westers, wet weather clothing, suitable gloves and any other such clothing and equipment deemed necessary by the employer shall be supplied to employees covered by this award where the nature of the employment is such as to warrant their respective use. (2) The clothing and equipment issued pursuant to this clause shall remain the property of the employer and shall be replaced on a fair wear and tear basis. (3) Safety boots issued pursuant to this clause shall be worn at all times deemed necessary by the em- ployer. Any employee not wearing safety boots at times deemed necessary by the employer will not be allowed to commence work and will not be paid for any time lost as a result. (4) All employees called upon to clean toilets shall on request be supplied with rubber gloves. (5) All materials, appliances and tools required in connection with the performance of the employee's duties shall be supplied to such employee by the em- ployer without charge. (6) In every case where the employer requires an employee to wear a uniform for his work the same shall be supplied by the employer. 24.—Transfers and Termination. (1) An employee, promoted or transferred by the employer in the normal course of his employment shall be reimbursed for all reasonable expenses actu- ally incurred in connection with such transfer or pro- motion. (2) An employee transferred at his own request, or for disciplinary reasons, will be responsible for his own removal expenses. (3) An employee, whose services are terminated by the employer through no fault of the employee shall be reimbursed for reasonable removal expenses in- curred in returning from the place of employment to his original place of engagement. 26.—Right of Entry. On notifying the employer, the Secretary or any officer of the Union shall have the right to visit any job at any time when work is being carried out to interview employees covered by this award, provided that he does not unduly interfere with the work in progress. 27.—Time and Wages Record. (1) The employee shall keep or cause to be kept a time book and wages sheet, in either of which shall be entered:— (a) the name of each employee to whom this award applies; (b) the nature of the work performed; and (c) the hours worked each day; (d) the wages and overtime (if any) paid to each employee. (2) Employees shall record their starting and fin- ishing times daily in the time book, and shall sign the wages sheet on receipt of their wages. (3) The time book with all entries therein, shall on demand be produced for inspection by the Secretary or duly authorised official of the Union at any reasonable time. The wages sheet shall be similarly produced on demand during ordinary office hours. 28.—Posting of Award. A copy of this award shall be posted in a suitable place at each manned National Park. 29.—No reduction. Nothing contained herein shall in itself operate so as to reduce the wages of any employee who at the date of this award is being paid above the minimum rate prescribed for his or her class of work. Dated at Perth this 29th day of October, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. 22201—4 2744 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. STOREMEN INDEPENDENT WOOLDUMPEKS PTY. LTD. Award No. 36 of 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. A36 of 1982. Between West Australian Shop Assistants and Ware- house Employees Industrial Union of Workers, Perth, Applicant, and Independent Wooldumpers Pty Ltd, Respondent. Consent Award. HAVING heard Mr T. M. Bishop on behalf of the Applicant and Mr F. G. Merry, General Manager of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act 1979, and by consent, hereby makes the following Award— 1.—Title. This consent Award shall be known as the Storemen Independent Wooldumpers Pty. Ltd. Award 1982. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term. 5. Definitions. 6. Hours. 7. Duties of Junior Weekly Hands. 8. Proportion of Junior Workers. 9. Engagement. 10. Wages. 11. Overtime. 12. Meal Hours and Meal Money. 13. Holidays and Annual Leave. 14. Higher Duties. 15. Time and Wages Record. 16. Under-Rate Workers. 17. Pay Day. 18. Board of Reference. 19. Sounding Device. 20. Travelling Time. 21. Absence through Sickness. 22. Right of Entry. 23. Overalls. 24. No Reduction. 25. Long Service Leave. 26. Shiftwork. 27. Stand-down. 28. Vehicle Allowance. 29. Maternity Leave. 30. Liberty to apply. 3.—Area and Scope. This award shall apply to workers in the callings designated herein who are employed at the North Fremantle premises of Independent Wooldumpers Pty. Ltd. and to this extent shall replace the Wool Hide and Skin Store Employees' Award No. 8 of 1966. 4.—Term. This award shall operate until 30th September, 1983. 5.—Definitions. (1) "Casual Hand" shall mean a worker engaged by the hour and who may be put off or leave his em- ployer's service at any moment without notice. Provided that— (a) a casual hand shall be employed for not less than four hours in any one day; (b) where a casual hand is dismissed, the wages due to him shall be paid in cash on termin- ation of his employment, but where a casual hand is dismissed for cause, the wages due to him shall be paid not later than the next day. (2) "Weekly Hand" shall mean a worker engaged by the week; one week's notice on either side shall be necessary to terminate the engagement, or in the event of such notice not being given, by the payment of one week's pay by the employer to the worker or the forfeiture of one week's pay by the worker to the employer. Provided that an employer at any time may dismiss a worker for refusal or neglect to obey orders or for misconduct or if after receiving one week's notice, such worker does not carry out his or her duties in the same manner as he or she did prior to such notice. (3) "Leader of Gang" means a worker who, throughout a week has other workers, whether storemen or packers working under his supervision, notwithstanding that they may be under the super- vision of a head storeman or foreman. 6.—Hours. (a) Except as provided in Clause 26 of this award 38 hours shall constitute a week's work to be worked between the hours of 7.30 a.m. and 5.30 p.m. on Monday to Friday inclusive. Provided that the hours worked in each shift shall be continuous. (b) Each employee shall be rostered off without de- duction of pay for one Friday in each four week work cycle or alternatively by agreement between the em- ployer and the employee one additional day for each calendar month of service shall be added to the em- ployees' Annual Leave entitlement. 7.—Duties of Junior Weekly Hands. If any junior weekly hand is called upon to do any work other than the following: namely: marking, branding, working lift, cleaning up, sweeping, sewing (other than sewing up), elementary classing, driving hoist, winch or stacking machine or any light work ordered by the storeman, he shall be paid the mini- mum adult rate. Driving of stacking machine shall not include hauling it from place to place unassisted. No junior under 18 years of age shall be required to lift anything exceeding 23 kg in weight. 8.—Proportion of Junior Workers. The number of junior workers shall not exceed the proportion of one junior to every four adult workers covered by this award. 9.—Engagement. All labour required in the wool stores for the day shall be engaged between 7.00 a.m. to 8.00 a.m. (except in the case of workers required for sewing up who may be engaged up until 10.00 a.m.) but in the event of sufficient men not being available between these times, the employer shall have the right to en- gage other labour which may report later in the day. Provided that workers shall be entitled to payment only as from the time at which they are told to report for work. 10.—Wages. 1. Wage Rates—Adults Classification and function Rate of Wage per week $ (1) Storeman Grade 1— Any other function not elsewhere included Assisting at dump press Core sampling, by hand Cutting bands to length for unitising 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2745 Fadging or boodling aJ, Feeding wool into blending ^ , machines Handling dried or semi-dried skins Head marking or branding head of bale at receival or weighing Inserting lot plates or dividers Kicking back Lobbing Opening or closing bales Pushing into or taking from elev- ators or drops Sampling Sewing Weight adjusting Wheeling baskets Stacking including operating stacking machine Hand trucking Transporting bales by tow-motor or other self-propelled vehicle without power operated attach- ments (one trailer only) Unitising or banding of dumped bales 243.15 Storeman Grade 2— Breaking out of specified bales for shipping showing or blending Breaking out from rail trucks or breaking down stacks of wool Port marking and branding wool for shipment Operating and in charge of dump press Transporting bales by tow-motor or other self-propelled vehicle without power operated attach- ments (two or more trailers) 247.30 Storeman Grade 3— Handling or hanging or drying green skins (including trottering of sheepskins) Handling hides including stacking and unstacking Operating and in charge of skin press Operating forklift or other self- propelled vehicle with power op- erated attachments used for lifting, transporting or stacking of bales Operating bale tumbler and con- veyor turntable or spur gates on receival system— Sheetman of fossicker Wool pressing on show floor or working singly or operating hand press 247.55 Storeman Grade 4— Leader of gang including a gang leader on interlotting prior to showing or a gang leader pos- itioning or tightening up on show floor Classing skins, furs or hides Operating gantry multiple bale unloader, Sworn weigher or employee (including forklift driver) re- cording or carrying out clerical) functions in receiving, weighing, delivering or shipping of bales including notifying locations of bales by radio 251.10 Storeman Grade 5— Employee in charge of an out store $ Head shipping clerk Man in charge of skin or hide or produce store Operating container handling equipment Show floor leading hand 253.75 Storeman Grade 6— Operating core and/or grab sam- pling machine 261.90 Wool Classer Classing or sorting wool with or without mechanical aids in rehandling departments or stores 267.90 Overlooker Overlooker in rehandling depart- ment overlooking: 2 to 5 employees 273.65 6 or more employees 279.60 (2) Adult Females (a) An adult female worker employed in a classification listed in paragraph (b) hereof shall be paid the total wage for the respective male classification (b) Assisting at dump press Checking bales for local delivery Checking bales for transferring out Countermarking Inserting lot plates or dividers Kicking back Lot marking of bales Opening or closing bales Port marking and branding wool for shipment Sampling Sewing Side marking or branding side of bale at receival Sorting Spotting Star cutting Sweeping Ticketing (c) Should any dispute arise as to suit- able work for females the matter shall be referred to the Board of Reference for determination. (3) An allowance of five per cent on so much of his average earnings per week exclusive of overtime as does not exceed the amount fixed from time to time for workers covered by the provisions of subclause 2 (a) and 3 (a) of this clause shall be paid to a weekly worker if he is employed in a wool store for any period of less than six successive calen- dar months unless such employment has been terminated voluntarily or on account of malingering, inefficiency, neglect of duty or misconduct. Provided that in the event of any such worker being dismissed (except for ma- lingering, inefficiency, neglect of duty or misconduct) within 14 days prior to Christmas Day, he shall receive not less than one half week's wages by way of such allow- ance. That is to say, if the five per cent al- lowance on wages earned up to the time of dismissal is not equal to one half week's wages, then the half week's wage shall be paid, but if the five per cent allowance on wages earned up to the time of dismissal is in excess of one half week's wages, then the said five per cent allowance shall be paid but not half week's wages. 2746 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (4) Thirty four cents per hour in addition to the above rates shall be paid to any worker who actually handles "dead" wool. (5) If a worker is required by the employer to act as a first aid attendant in any store, for so acting he shall be paid in addition to his ordinary rate of pay the sum of 76 cents per day. (6) Junior Male Workers:— Per cent of Grade 1 rate— % 17 years of age and under 70 At 18 years of age 80 At 19 years of age 90 At 20 years of age 100 11.—Overtime. (1) All time worked prior to the usual starting time or after the usual finishing time shall be paid for at overtime rates. (2) Subject to the provisions of this clause, all work done beyond the ordinary working hours on any day, Monday to Friday inclusive, shall be paid at the rate of time and one half for the first two hours and double time thereafter. (3) Overtime worked before 12 noon on a Saturday shall be paid for at the rate of time and one half for the first two hours and double time thereafter. (4) (a) Overtime worked on a Saturday after 12 noon or during a meal period to which a worker is en- titled or on a Sunday shall be paid for at the rate of double time. (b) Overtime worked on any of the holidays prej scribed by this award shall be paid for at the rate of double time and one half. (5) Notwithstanding anything contained in this award:— (a) An employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in ac- cordance with such requirements; (b) no organisation party to this award, or worker or workers covered by this award shall in any way, whether directly or in- directly, be a party to or concerned in any ban, limitation or restriction upon the work- ing of overtime in accordance with the re- quirements of this subclause. (6) A worker who, on a Saturday afternoon, Sunday or public holiday referred to in Clause (13) (1) hereof, after leaving the employer's premises (other than for a meal break) is required to work overtime and who returns home on completion of that overtime shall be paid:— (i) for a minimum of two hours at overtime rates if notified of the requirement to work overtime before leaving the employer's premises. (ii) for a minimum of three hours at overtime rates if recalled. (7) When overtime work is necessary it shall, wher- ever reasonably practicable, be so arranged that workers have at least eight consecutive hours off duty between the work of successive days. A worker (other than a casual worker) who works so much overtime between the termination of his or- dinary work on one day and the commencement of his ordinary work on the next day that he has not had at least eight consecutive hours off duty between those times shall, subject to this subclause, be re- leased after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If, on the instructions of his employers, such a worker resumes or continues work without having had such eight consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had eight consecutive hours off duty without loss of pay for ordinary working time oc- curring during such absence. (8) The provisions of this clause shall not apply to shift workers. 12.—Meal Hours and Meal Money. (1)(a) No less than 40 minutes nor more than one hour shall be allowed for each meal. Provided that where the distance or any other unavoidable circum- stances does not permit a worker from obtaining a meal in that time he shall on notifying the employer prior to taking of the meal period, be allowed up to one and one half hours for any meal taken from 5.00 p.m. (b) The lunch period is to be taken between the hours of 11.30 a.m. and 1.00 p.m. (c) Where an employee is required to work for more than two hours before his normal commencing time or to continue to work for more than two hours after his normal ceasing time, he shall be entitled to a meal break. (d) Where an employee is required to continue working after 12.00 o'clock midnight for more than one hour he shall be entitled to a meal break between the hours of 11.30 and 1.00 a.m. (e) Where an employee is required to continue working after midday on Saturday, Sunday or public holiday for more than one hour, he shall be entitled to a meal break. (2)(a) An employee shall be entitled to meal money of $3.80 in the following circumstances:— (i) Where he is required to work for more than one hour before his normal commencing time or to continue to work for more than one hour after his normal ceasing time; or (ii) Where he is required to continue working after 12.00 o'clock midnight for more than one hour; or (iii) Where he is required to continue working after midday on Saturday, Sunday or public holiday for more than one hour; or (iv) Where he is required to continue overtime after 5.00 p.m. on a Saturday, Sunday or public holiday for not less than one hour. (b) Meal Money shall be paid to the worker no later than 5.00 p.m. on the day that he is required to return to work overtime. (3) A break not exceeding 10 minutes duration shall be allowed to workers between the hours of 9.45 a.m. and 10.30 a.m. each day for the purpose of taking morning tea. Provided that an afternoon smoko break not exceeding 10 minutes duration shall be allowed each day. Provided further that to become entitled to such breaks on a Saturday or a Sunday a worker shall have performed more than three hours work on the respective day. The time of taking such break shall be determined by the employer. The pro- vision of this subclause shall not apply to workers picked up at 10.00 a.m. (4) If any worker is required to work beyond 9.00 p.m. and/or 3.00 a.m. he shall be allowed an interval of 15 minutes for smoko. (5) The provisions of this clause shall not apply to shift workers. 13.—Holidays and Annual Leave. (l)(a) The following days or the days observed in lieu shall, subject to this subclause and to Clause 11, be allowed as holidays without deduction of pay, namely—New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2747 be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause. (b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. (2) Where— (a) a day is proclaimed as a public holiday or as a public half holiday under section 7 of the Public and Bank Holidays Act, 1972; and (b) that proclamation does not apply through- out the State or to the metropolitan area of the State; that day shall be a whole holiday or, as the case may be, a half holiday for the purposes of this award within the district or locality specified in the procla- mation. (3) Except as hereinafter provided a period of four consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer, after a period of 13 months continuous service with such employer. (4) (a) During a period of annual leave a worker shall be paid a loading of 17'A per cent calculated on his ordinary wages as prescribed. (b) The loading prescribed by this subclause shall not apply to proportionate leave on termination. (5) If any prescribed holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordi- nary working day there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid. (6) (a) If after one month's continuous service in any qualifying 12 monthly period a worker lawfully leaves his employment or his employment is termin- ated by the employer through no fault of the worker, the worker shall be paid 3.08 hours pay at his ordi- nary rate of wage in respect of each completed week of continuous service. (b) In addition to any payment to which he may be entitled under paragraph (a) of this subclause, a worker whose employment terminates after he has completed a 12 monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall be given payment in lieu of that leave, or in a case to which subclause (9) or (13) of this clause applied, in lieu of so much that leave as has not been allowed un- less— (i) he has been justifiably dismissed for miscon- duct; and (ii) the misconduct for which he has been dis- missed occurred prior to the completion of that qualifying period. (7) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this award shall not count for the purpose of determining his right to annual leave. (8) In the event of a worker being employed by an employer for portion only of a year, he shall only be entitled, subject to subclause (6) of this clause to such leave on full pay as is proportionate to his length of service during that period with such em- ployer, and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of such em- ployer are on leave on full pay. (9) In special circumstances and by mutual consent of the employer and the worker, annual leave may be taken in not more than two periods. (10) When a worker is entitled to annual leave under this clause, he shall receive at least two weeks' notice from his employer of the date when it will be convenient to the employer that such worker shall take his leave. (11) Every worker shall be given and shall take annual leave within six months after the date the leave falls due. (12) The provisions of this clause shall not apply to casual workers. (13) Notwithstanding anything else herein con- tained an employer who observes a Christmas close down for the purpose of granting annual leave may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week. 14.—Higher Duties. A worker who is required to do work for which a higher rate is prescribed in this award than that which he usually performs shall be entitled to pay- ment at the higher rate whilst so employed. 15.—Time and Wages Record. (1) Each employer bound by this award shall main- tain a record containing the following information re- lating to each worker:— (a) the name and address given by the worker; (b) the age of the worker if paid as a junior worker; (c) the classification of the worker and whether the worker is full time, part time or casual; (d) the commencing and finishing times of each period of work each day; (e) the number of ordinary hours and the number of overtime hours worked each day and the totals for each pay period; (f) the wages and any allowances paid to the worker each pay period and any deductions made therefrom. (2) (a) At any time of payment of wages the worker may be given a pay slip showing that part of the re- cord specified in paragraphs (e) and (f) of subclause (1) with respect to the pay period for which payment is being made. (b) If a pay slip is not given to the worker as"pre- scribed in paragraph (a) hereof the employer shall permit the worker to inspect the record either at the time of payment or at such other time as may be con- venient to the employer. The employer shall not unreasonably withhold the record from inspection by the worker. (3) (a) The record may be maintained in one or more parts depending on the system of recording used by the employer whether manual or mechanical provided that if the record is maintained in more than one part, those parts shall be kept in such a manner as will enable the inspection referred to in subclauses (2) and (4) to be conducted at the one es- tablishment. (b) Within 10 days of the receipt of such advice: (i) Employers who normally keep the record at a place more than 35 kilometres from the G.P.O. Perth shall send a copy of that part of the record specified to the office of the union, and, (ii) Employers who normally keep the record at a place less than 35 kilometres from the G.P.O. Perth shall make the record available to the union official at the time specified by the union official. If the record is not then made available to the union official the em- ployer shall within three days send a copy of that part of the record specified to the office of the union. 2748 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (c) In the event of a demand made by the union which the employer considers unreasonable the em- ployer may apply to the Industrial Commission for direction. An application to the Industrial Com- mission made by an employer for direction will, sub- ject to that direction, stay the requirements con- tained elsewhere in this subclause. 16.—Under-rate Workers. (1) Any worker who by reason of old age or infirm- ity is unable to earn the minimum wage, may be paid such lesser wage as may from time to time be agreed upon in writing between the union and the employer. (2) In the event of no agreement being arrived at, the matter may be referred to the Board of Reference for determination. (3) After application has been made to the Board, and pending the Board's decision, the worker shall be entitled to work for and be employed at the proposed lesser rate. 17.—Payment of Wages. Wages shall be paid weekly during a worker's ordi- nary working hours on any day Monday to Friday in- clusive. 18.—Board of Reference. (1) The Commission hereby appoints, for the pur- poses of this award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to regulation 16 of the Industrial Arbitration Act (Western Australian Industrial Com- mission Regulations, 1980). (2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or dealing with any matter of difference between the parties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference. 19.—Sounding Device. The employer shall provide a sounding device and all work shall start and finish with the sound emitted from such device. 20.—Travelling Time. When a worker is required during his ordinary working hours to work outside his usual place of em- ployment, or is transferred from one job to another, the employer shall provide the necessary means of transport or pay the worker reasonable expenses in- curred. 21.—Sick Leave. (1) (a) A worker who is unable to attend or remain at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in ac- cordance with the following provisions. (b) Entitlement to payment shall accrue at the rate of one sixth of a week for each completed month of service with the employer. (c) If in the first or successive years of service with the employer a worker is absent on the ground of per- sonal ill health or unjury for a period longer than his entitlement to paid sick leave, payment may be ad- justed at the end of that year of service, or at the time the worker's services terminate, if before the end of that year of service, to the extent that the worker has become entitled to further paid sick leave during that year of service. (2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the worker if the absence, by reason of personal ill health or injury exceeds the period for which en- titlement has accrued during the year at the time of the absence. Provided that a worker shall not be en- titled to claim payment for any period exceeding ten weeks in any one year of service. (3) To be entitled to payment in accordance with this clause the worker shall as soon as reasonably practicable advise the employer of his inability to at- tend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circum- stances shall be given to the employer within 24 hours of the commencement of the absence. (4) The provisions of this clause do not apply to a worker who fails to produce a certificate from a medi- cal practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require pro- vided that the worker shall not be required to pro- duce a certificate from a medical practitioner with re- spect to absences of two days or less unless after two such absences in any year of service the employer re- quests in writing that the next and subsequent ab- sences in that year if any, shall be accompanied by such certificate. (5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to a worker who suffers personal ill health or injury during the time when he is absent on annual leave and a worker may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the worker was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medical prac- titioner that he was so confined. Provided that the provisions of this paragraph do not relieve the worker of the obligation to advise the employer in accord- ance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the worker was entitled at the time he pro- ceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the worker or, failing agreement, shall be added to the worker's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 13.—Holidays and Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 13.—Holidays and Annual Leave shall be deemed to have been paid with respect to the replaced annual leave. (6) Where a business has been transmitted from one employer to another and the worker's service has been deemed continuous in accordance with subclause (3) of clause (2) of the Long Service Leave provisions published in Volume 61 of the Western Australian Industrial Gazette at pages 22/27 the paid sick leave standing to the credit of the worker at the date of transmission from service with the transmitter shall stand to the credit of the worker at the commencement of service with the transmittee and may be claimed in accordance with the pro- visions of this clause. (7) The provisions of this clause with respect to payment do not apply to workers who are entitled to payment under the Workers' Compensation Act nor to workers whose injury or illness is the result of the worker's own misconduct. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2749 (8) The provisions of this clause do not apply to casual workers. 22.—Right of Entry. (1) On notifying the employer or his representative an accredited representative of the union shall be permitted to interview a worker during non-working times or the meal period on the business premises of the employer, but this permission shall not be exer- cised without the consent of the employer more than once in any one week. (2) In the case of a disagreement existing or antici- pated concerning any of the provisions of this award, an accredited representative of the union, on notify- ing the employer or his representative, shall be per- mitted to enter the business premises of the em- ployer to view the work, the subject of any such dis- agreement, but shall not interfere in any way with the carrying out of such work. 23.—Overalls. A bib apron, shall if requested by the worker, be provided for workers engaged on branding duties. 24.—No Reduction. Any worker who at the date of this award receives a higher rate of wage than set out herein shall not have his rate of wage reduced. 25.—Long Service Leave. The Long Service Leave provisions published n Volume 61 of the Western Australian Industrial Ga- zette at pages 22/27 both inclusive are hereby incor- porated in and shall be deemed part of this award. 26.—Shift Work. The provisions of this clause apply to workers em- ployed on shift work. (1) Hour of Shifts: (a) The ordinary hours of work for shift workers shall not exceed 38 in any week to be worked in five shifts of eight hours each between 10.00 p.m. on Sunday and 7.00 a.m. on Saturday. (b) Such ordinary hours shall be worked con- tinuously except for meal breaks at the dis- cretion of the employer. A worker shall not be required to work for more than five and one half hours without a break for a meal. (c) Except at regular changeover of shifts a worker shall not be required to work more than one shift in each 24 hours. (d) Each employee shall be rostered off without deduction of pay for one day in each four week work cycle or alternatively by agree- ment between the employer and the em- ployee one additional day for each calendar month of service shall be added to the em- ployee's Annual Leave entitlement. (2) Variation of Method of Working Shifts: The method of working shifts and/or the time of com- mencing and finishing shifts once having been deter- mined may be varied by agreement between the em- ployer and the union to suit the convenience of the establishment or in the absence of agreement on 48 hours' notice of variation given by the employer to the workers concerned. (3) Definitions: Three shifts may be worked within the following hours: Shift "A" shall mean a shift commencing not earlier than 4.00 a.m. and finishing not later than 12 noon. Shift "B" shall mean a shift commencing not earlier than 12 noon and finishing not later than 8.00 p.m. Shift "C" shall mean a shift commencing not earlier than 8.00 p.m. and finishing not later than 4.00 a.m. "Permanently Working"—a worker shall be deemed to be and to have been "permanently work- ing" on shift "A", "B" or "C" if — (a) he works on shift "A" "B" "C" without rotating or alternating with another shift so as to give him at least one third of his work in time off any of the shifts herein defined; (b) he remains on shift "B" or "C" only or a combination of shifts "B" and "C" for a period longer than four consecutive weeks; or (c) he is specifically engaged to work on shift "B" or "C" only or on a combination of "B" and "C" shifts only. "Time and a half" means one and a half times the ordinary rate prescribed by this award for the classi- fication of the worker concerned exclusive of the shift premiuns prescribed in subclause (4) of this clause. (4) Allowances: For the ordinary hours of shift, shift workers shall be paid the following extra per- centages of the rate of pay prescribed for their respective classifications:— % (i) Shift "A" or "B" other than shifts referred to hereunder 10 (ii) Permanently working shift "A" 20 (iii) Permanently working shift "C" 25 (iv) Permanently working alternate shift "A" and "C" 20 (v) Shift "A" or "C" which does not con- tinue for at least five consecutive days on "A" or "C" shift 50 (5) Crib Break: Shift workers shall be allowed one 20 minute crib break without deduction from pay in each shift of eight hours. (6) Saturdays, Sundays and Public Holidays: (a) For work performed on a Saturday outside a shift worker's ordinary hours, payment shall be made at the rate of time and a half for the first two hours and double time there- after. (b) Work performed on a Sunday shall be paid for at the rate of double time. (c) Work performed on any of the holidays pre- scribed in Clause 13 of this award shall be paid for at the rate of double time and one half. (7) Overtime: For all time worked in excess of eight hours per shift or outside the ordinary hours of work prescribed by this clause, shift workers shall be paid at the rate of time and a half for the first two hours and double time thereafter except in each case when the time is worked:— (i) by arrangement between the employees themselves; or (ii) for the purpose of effecting the customary rotation of shifts; or (iii) because the relief man does not come on duty at the proper time. 27.—Stand Down. Notwithstanding anything elsewhere contained in this award an employer may stand down without pay a worker for any day during which the worker cannot be usefully employed due to any strike, ban, limi- tation or restriction on performance of work by workers bound by this award or by any union, associ- ation or organisation. 2750 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. 28.—Vehicle Allowance. Where a worker maintains a motor vehicle and is authorised by the employer to use the vehicle in the performance of his duties he shall be paid in accord- ance with the following schedule: Cents per Kilometre Engine displacement (in cubic Area and details centimetres) 1 600cc over and Distance travelled each year 1 600cc under on employer's business: c/km c/km Metropolitan Area— First 8 000 kilometres 23.9 17.9 Over 8 000 kilometres 15.9 12.2 S.W. Land Division— First 8 000 kilometres 24.5 18.4 Over 8 000 kilometres 16.4 12.6 North of 23.5° South Lat.— First 8 000 kilometres 27.7 20.8 Over 8 000 kilometres 18.3 14.0 Rest of State— First 8 000 kilometres 25.6 19.1 Over 8 000 kilometres 17.1 13.0 29.—Maternity Leave. (1) Eligibility for Maternity Leave. A worker who becomes pregnant shall, upon pro- duction to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer im- mediately preceding the date upon which she pro- ceeds upon such leave. For the purpose of this clause: (a) A worker shall include a part-time worker but shall not include a worker engaged upon casual or seasonal work. (b) Maternity Leave shall mean unpaid maternity leave. (2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an un- broken period of from 12 to 52 weeks and shall include a period of six weeks' compul- sory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) A worker shall, not less than 10 weeks prior to the presumed date of confinement give notice in writing to her employer stating the presumed date of confinement. (c) A worker shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence maternity leave, stating the period of leave to be taken. (d) A worker shall not be in breach of this award as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date. 3. Transfer to a Safe Job. Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the preg- nancy or hazards connected with the work assigned to the worker make it inadvisable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the worker may, or the employer may require the worker to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of Period of Maternity Leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity Leave. (a) Maternity Leave, applied for but not com- menced, shall be cancelled when the preg- nancy of a worker terminates other than by the birth of a living child. (b) Where the pregnancy of a worker then on maternity leave terminates other than by the birth of a living child, it shall be the right of the worker to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the worker to the employer that she desires to resume work. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of a worker not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly quali- fied medical practitioner certifies as necessary before her return to work. (b) Where a worker not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical prac- titioner certifies as necessary before her re- turn to work provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purpose of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) A worker returning to work after the completion of a period of leave taken pursu- ant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3) to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the worker is and the duties of which she is 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2751 capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former pos- ition. (7) Maternity Leave and Other Leave En- titlements. Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks: (a) A worker may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to a worker during her absence on maternity leave. (8) Effect of Maternity Leave on Employment. Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of a worker but shall not be taken into account in calculating the period of service for any purpose of the award. (9) Termination of Employment. (a) A worker on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the em- ployment of a worker on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an em- ployer in relation to termination of employ- ment are not hereby affected. (10) Return to Work After Maternity Leave. (a) A worker shall confirm her intention of re- turning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave. (b) A worker, upon the expiration of the notice required by paragraph (a) hereof, shal be en- titled to the position which she held im- mediately before proceeding on maternity leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the worker is qualified and the duties of which she is capable of performing, she shall be en- titled to a position as nearly comparable in status and salary or wage to that of her for- mer position. (11) Replacement Workers. (a) A replacement worker is a worker specifi- cally engaged as a result of a worker pro- ceeding on maternity leave. (b) Before an employer engages a replacement worker under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the worker who is being replaced. (c) Before an employer engages a.person to re- place a worker temporarily promoted or transferred in order to replace a worker exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the worker who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement worker. (e) A replacement worker shall not be entitled to any of the rights conferred by this clause except where her employment continues be- yond the 12 months qualifying period. 30.—Liberty to Apply. Liberty is reserved to any of the parties to apply to vary this award in respect to the following pro- visions:— (1) Clause 6.—Hours. (2) Clause 10.—Wages. (3) Clause 26.—Shift Work. Dated at Perth this 18th day of October, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. AWARDS—Consolidation of' CLERKS (Credit and Finance Establishments). Award No. 16 of 1952. CLOTHING TRADES. Award No. 16 of 1972. EGG PROCESSING. Award No. 42 of 1978. FREMANTLE PORT AUTHORITY CLERKS (Head Office Staff). Award No. 10 of 1957. ROCK LOBSTER AND PRAWN PROCESSING. Award No. 24 of 1977. PURSUANT to section 93(6) of the Industrial Arbi- tration Act, 1979 the following awards have been con- solidated and are published hereunder for general in- formation. Dated at Perth this 20th day of October, 1982. K. SCAPIN, Industrial Registrar. CLERKS (Credit and Finance Establishments). Award No. 16 of 1952. 1.—Title. THIS award shall be known as the Clerks' (Credit and Finance Establishments) Award as amended and consolidated. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Area. 4. Scope. 5. Definitions. 6. Hours of Duty. 7. Overtime. 8. Meal Allowance. 9. Holidays. 10. Rates of Pay. 2752 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. 11. Annual Leave. 12. Sick Leave. 13. Termination of Service. 14. Reference. 15. Record. 16. Board of Reference. 17. Travelling Time. 18. Higher Duties. 19. Aged And Infirm Workers. 20. Certificate of Age Etc. 21. General. 22. Right of Entry. 23. Term. 24. Saturday Work. 25. Liberty to Apply. 26. Long Service Leave. 27. Preference to Unionists. 28. Payment of Wages. 29. Compassionate Leave. 30. Maternity Leave. 3.—Area. This award shall have effect over the whole of the State of Western Australia excepting that portion within the 20th and 26th parallel of latitude and the 125th and 129th meridian of longitude. 4.—Scope. This award shall apply to workers employed as clerks in any credit and finance establishment as de- fined in Clause 5.—Definitions of this award: Pro- vided that it shall not apply to workers who are at present provided for in any other award of the Court of Arbitration. 5.—Definitions. For the purpose of this award— (1) "Adult" shall mean a worker twenty-one years of age and over, or a worker who is in receipt of the prescribed adult rate of pay. (2) "Double time" for the purpose of this award means twice the prescribed rate of wage. (3) "Credit and Finance Establishment" shall mean an establishment where finance is ar- ranged and/or extended to individual per- sons and/or bodies corporate for the pur- chase of goods. 6.—Hours of Duty. (1) The ordinary hours of duty shall not exceed 40 hours in any one week, to be worked in a five or five and a half day week at the option of the employer. (2) The lunch hour shall be taken at a time mutu- ally arranged between the employer and the worker between the hours of 12 noon and 2.00 p.m.; one full hour to be allowed for lunch. (3) The hours of duty fixed by this award have been fixed without relation to the hours prescribed in awards made by the State Court of Arbitration of which the applicant union is a party. 7.—Overtime. (1) Except as hereinafter in this clause provided, all time worked on any one day outside the ordinary hours of duty shall be paid for at the rate of time and a half for the first two hours, and all time worked after the first two and all time worked after 12 noon on Saturday shall be paid for at the rate of double time. (2) Where the ordinary weekly hours of duty are worked in five days from Monday to Friday inclu- sive, all time worked on Saturdays between the ordi- nary starting time and noon shall be paid for at the rate of time and a half. (3) (a) All time worked on any of the holidays pre- scribed by this award shall be paid for at the rate of double time and one half. (b) All time worked on Sundays shall be paid for at the rate of double time. (4) In the computation of overtime each day shall stand by itself. (5) (a) An employer may require any worker to work reasonable overtime at overtime rates, and such worker shall work overtime in accordance with such requirement. (b) No organisation, party to this award or worker or workers covered by this award shall in any way, whether directly or indirectly be a party to or con- cerned in any ban, limitation or restriction upon the working of overtime in accordance with the require- ments of this subclause. (6) Any clerk in receipt of a salary at the rate of 20 per cent per week or more in excess of the rate herein prescribed for a senior clerk shall not be entitled to payment of overtime rates for any overtime worked. 8.—Meal Allowance. In addition to the overtime prescribed in Clause 7.—Overtime a meal allowance of $3.00 shall be paid to each worker in the following circumstances:— (1) If the worker is required to continue work- ing after 6.00 p.m. on any day of the week from Monday to Friday inclusive, or after 1.00 p.m. on a Saturday. (2) If the worker is required to work until after 1.00 p.m. on a Sunday or any holiday, pre- scribed under this award. (3) Notwithstanding the provisions of subclause (1) above where in any establishment ordi- nary hours of duty are completed at 6.00 p.m. daily meal allowances shall not be payable unless a worker is required to work beyond 7.00 p.m. 9.—Holidays. (1) The following days or the days observed in lieu shall subject to Clause 7.—Overtime and subject as hereinafter provided, be allowed as holidays without deduction of pay, namely—New Year's Day, Aus- tralia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrange- ment between the parties in lieu of any of the days named in the subclause. (2) When any of the days mentioned in subclause (1) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday, the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay, and the day for which it is substituted shall not be a holiday. (3) On any public holiday not prescribed as a holiday under this award, the employer's establish- ment or place of business may be closed, in which case a worker need not present himself for duty, and payment may be deducted, but if work be done ordi- nary rates of pay shall apply. (4) Where— (a) A day is proclaimed as a whole public holiday or a half public holiday under sec- tion 7 of the Public and Bank Holidays Act, 1972; (b) that proclamation does not apply through- out the State or to the metropolitan area of the State, that day shall be a whole public holiday or, as the case may be, a half public holiday for the purposes of this award within the district or locality specified in the proclamation. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2753 (5) The provisions of this clause shall not apply to casual workers. 10.—Rates of Pay. (1) The following shall be the minimum rates of wages per week payable to employees covered by this award with effect as from the first pay periods com- mencing on or after the dates indicated. 15/1/82 15/3/82 5/7/82 (2) Adult employees— $ $ $ (a) at 21 years of age 206.90 216.90 226.00 at 22 years of age 210.00 220.00 229.10 at 23 years of age 213.00 223.00 232.10 at 24 years of age 216.10 226.10 235.20 at 25 years of age and over 219.50 229.50 238.60 (b) Adult stenographers, comptometer or calcu- lating or ledger machine operators shall re- ceive $3.10 per week in addition to the rates set out in paragraph (a) of this subclause. 15/1/82 15/3/82 5/7/82 $ $ $ (c) Senior Clerks (Classified as such or in default of agree- ment by the Board of Reference) 224.00 234.00 243.10 (3) Junior employees— (a) Percentage of the rate for an adult employee at 21 years of age per week: % At 15 years of age 40 At 16 years of age 50 At 17 years of age 60 At 18 years of age 70 At 19 years of age 80 At 20 years of age 90 (b) Junior stenographers, comptometer or cal- culating or ledger machine operators shall receive in addition to the rates set out in paragraph (a) of this subclause, the follow- ing amounts: $ At 17 years of age 0.70 At 18 years of age 1.00 At 19 years of age 1.80 At 20 years of age 2.50 (4) Casual clerks may be employed at an hourly rate for a lesser period than two weeks and shall be paid while so employed 25 per cent in addition to the rates prescribed above, with a minimum engagement of four hours: provided that, notwithstanding any- thing contained in this subclause, the basis and terms of employment of casual clerks may be varied in any particular case by agreement in writing between the employer and the union. (5) (a) Part time employees may be employed fol- lowing notification by the employer to the union at an hourly rate for a lesser period per week than the hours usually worked in each establishment provided that the union is unable to provide suitable full time employees. (b) Provided, however, that if the union should ob- ject to the employment by any employer of a part time employee, such objection must be made within 48 hours from the time of the union receiving such application from the employer. (c) Any objection lodged within the aforesaid 48 hours may be referred to a Board of Reference. (d) Payment of annual leave and sick pay for part time employees, shall be strictly related proportion- ately in accordance with the number of hours worked, to the conditions prescribed in each estab- lishment for full time employees. (e) Should the present need for part time em- ployees be eliminated by a surplus of suitable em- ployees offering for full time employment, the union shall be at liberty to apply to the Western Australian Industrial Commission for the deletion of this subclause (5) from the award. 11.—Annual Leave. (1) Except as hereinafter provided a period of four consecutive weeks leave with payment at his ordinary rate of wage shall be allowed annually to a worker by his employer after a period of 12 months continuous service with such employer. (2) (a) During a period of annual leave a worker shall be paid a loading of 17V2 per cent calculated on his ordinary rate of wage. (b) The loading prescribed by this subclause shall not apply to proportionate leave on termination. (c) A worker in receipt of a weekly wage prescribed by this award for the classification of "Senior Clerk" with the addition of 20 per cent may be employed on the basis that the annual leave loading prescribed in paragraph (a) hereof may be calculated on a rate other than his ordinary rate provided that such rate is not less than the Senior Clerk's Rate. This paragraph only applies to a worker who has signed a statement in his own handwriting to this ef- fect at the time of his engagement or to a worker em- ployed on this basis prior to 30th April, 1981. (3) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordi- nary working day, there shall be added to that period one day, being an ordinary working day, for each such holiday observed as aforesaid. (4)(a) If after one month's continuous service in any qualifying 12 monthly period a worker lawfully leaves his employment, or his employment is termin- ated by the employer through no fault of the worker, that worker shall be paid one thirteenth of a week's pay at his ordinary rate of wage in respect of each completed week of continuous service. (b) In addition to any payment to which he may be entitled under paragraph (a) hereof, a worker whose employment terminates after he has completed a 12 months qualifying period and who has not been al- lowed the leave under this award in respect of that qualifying period shall be given payment in lieu of so much of that leave as has not been allowed, unless— (i) he has been justifiably dismissed for miscon- duct; and (ii) the misconduct for which he has been dis- missed occurred prior to the completion of that qualifying period. (5) Any time in respect of which a worker is absent from work, except time for which he is entitled to claim sick pay, or time spent on holidays or annual leave as prescribed by this award, shall not count for the purpose of determining his right to annual leave. (6) In special circumstances and by mutual consent of the employer, the worker and the union concerned, annual leave may be taken in not more than two periods. (7) Every worker shall be given and shall take annual leave within nine months after the date it falls due. (8) No worker shall be required to proceed on annual leave unless at least two weeks prior notice is given. The employer shall, as far as practicable, ar- range to grant annual leave to suit the convenience of the worker. In the event of disagreement on any pro- posed alteration to annual leave arrangements once they are made by an employer and worker the matter shall be determined by a Board of Reference. (9) The provisions of this clause shall not apply to casual workers. 2754 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. (10) Notwithstanding anything else herein con- tained an employer who observes a Christmas close- down for the purpose of granting annual leave may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week. (11) In the event of a worker being employed by an employer for portion only of a year he shall only be entitled subject to subclause (4) of this clause to such leave on full pay as is proportionate to his length of service during that period with such employer and, if such leave is not equal to the leave given to the other workers, he shall not be entitled to work or pay whilst the other workers are on leave on full pay. 12.—Sick Leave. (1)(a) A worker who is unable to attend or remain at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in ac- cordance with the following provisions. (b) Entitlement to payment shall accrue at the rate of one sixth of a week for each completed month of service with the employer. (c) If in the first or successive years of service with the employer a worker is absent on the ground of per- sonal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be ad- justed at the end of that year of service, or at the time the worker's services terminate, if before the end of that year of service, to the extent that the worker has become entitled to further paid sick leave during that year of service. (2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the worker if the absence by reason of personal ill health or injury exceeds the period for which en- titlement has accrued during the year at the time of the absence. Provided that a worker shall not be en- titled to claim payment for any period exceeding 10 weeks in any one year of service. (3) To be entitled to payment in accordance with this clause the worker shall as soon as reasonably practicable advise the employer of his inability to at- tend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circum- stances shall be given to the employer within 24 hours of the commencement of the absence. (4) The provisions of this clause do not apply to a worker who fails to produce a certificate from a medi- cal practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require pro- vided that the worker shall not be required to pro- duce a certificate from a medical practitioner with respect to absences of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent ab- sences in that year if any, shall be accompanied by such certificate. (5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to a worker who suffers personal ill health or injury during the time when he is absent on annual leave and a worker may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the worker was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medical prac- titioner that he was so confined. Provided that the provisions of this paragraph do not relieve the worker of the obligation to advise the employer in accord- ance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the worker was entitled at the time he pro- ceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraph (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the worker or, failing agreement, shall be added to the worker's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 11.—Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 11.—Annual Leave shall be deemed to have been paid with respect to the re- placed annual leave. (6) Where a business has been transmitted from one employer to another and the worker's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in volume 59 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the worker at the date of transmission from service with the transmitter shall stand to the credit of the worker at the commencement of service with the transmittee and may be claimed in accordance with the pro- visions of this clause. (7) The provisions of this clause with respect to payment do not apply to workers who are entitled to payment under the Workers' Compensation Act nor to workers whose injury or illness is the result of the worker's own misconduct. (8) The provisions of this clause do not apply to casual workers. 13.—Termination of Service. The employment of any worker shall be terminable by one week's notice on either side: Provided that a worker may be summarily dismissed for gross mis- conduct, in which case he shall be paid up to the time of dismissal only. 14.—Reference. On leaving the employ of an employer the worker shall be given a reference setting out length of service and duties performed. 15.—Record. (1) A record shall be kept in each establishment by the employer, wherein shall be entered: (a) the name and address of each worker; (b) the age of each worker if under 25 years; (c) the nature of the work performed by the worker; (d) the wages, and the overtime (if any) paid each week; and such record shall, if correct, be signed at least once weekly by the worker. (2) Such record shall be opened to the inspection of a duly accredited representative of the union during usual business hours. 16.—Board of Reference. (1) The Court may appoint, for the purpose of the award, a Board of Reference. The Board shall consist of a Chairman and two other representatives, one to 24th November, 1982.1 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2755 be nominated by each of the parties as prescribed by the regulations. There are assigned to the Board in the event of agreement not being arrived at between the said parties the functions of— (a) adjusting any matters of difference which may arise between the parties from time to time except such as involve interpretations of the provisions of the award or any of them; (b) deciding any other matter that the Court may refer to such Board from time to time. (2) An appeal shall lie from any decision of such Board in the manner and subject to the conditions prescribed in the regulations to the Industrial Arbi- tration Act, 1979, which, for this purpose, are embodied in this award. 17.—Travelling Time. (1) When a worker is required to work temporarily at a location other than his usual place of duty, any excess fare over that which he normally incurs shall be paid by the employer. (2) When a worker is engaged at such a distance that he cannot return at night, suitable board and lodging shall be found at the employer's expense. (3) All travelling time outside ordinary working hours shall be paid for at ordinary rates up to a maxi- mum of 12 hours in any 24 hour period from the time of starting on the journey. Provided that when the travelling is by coastal boat not more than eight hours shall be paid for in any such period. 18.—Higher Duties. A worker relieving another worker who is engaged on a higher class of work carrying a higher minimum rate of pay for a period of not less than one week con- tinuously shall be paid the higher minimum rate ap- propriate to the position whilst so employed. 19.—Aged and Infirm Workers. (1) Any worker who, by reason of old age or infirm- ity, is unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed upon in writing between the union and the employer. (2) In the event of no agreement being arrived at the matter may be referred to the Board of Reference for determination. (3) After application has been made to the Board of Reference, and pending the decision of the Board, the worker shall be entitled to work for and be em- ployed at the proposed lesser rate. 20.—Certificate of Age etc. (1) Male workers 25 years of age and under, and fe- male workers 23 years of age and under, upon being engaged shall furnish the employer with a certificate showing the following particulars:— (a) name in full; (b) date of birth; (c) name of each previous employer; (d) class of work performed for each previous employer. (2) No worker shall have any claim upon an em- ployer for additional wages in the event of any of the above particulars being wrongly stated on the certificate. If any worker shall wilfully mis-state his age in the certificate then he alone shall be guilty of a breach of this award. 21.—General. (1) In the event of the death of a worker the case equivalent of all annual leave due at the time of death shall be paid to the worker's dependants or personal representative. (2) No worker shall, as a result of the operation of this award, suffer any loss of salary which he or she may have enjoyed to the date of this award. (3) On the pay day each worker shall have endorsed on the pay envelope the amount of ordinary salary or wages due, details of the overtime due for that pay period, details of all deductions made from the gross earnings, and the net amount payable shall be shown. 22.—Right of Entry. A duly accredited representative of the union shall be permitted to interview any worker on legitimate union business on the business premises of his em- ployer during the recognised meal hour of the worker with the permission of his employer (which per- mission shall not be unreasonably withheld) but this permission shall not be exercised more than once in any one week without the consent of the employer. 23.—Term. Subject to the provisions of the Industrial Arbi- tration Act this award shall operate for a period of three years commencing as from the beginning of the first pay period after the date hereof. (This award was issued on the 30th day of November, 1953.) 24.—Saturday Work. Any work performed as part of the ordinary weekly hours of duty on a Saturday before 12 noon shall be paid for at the rate of time and a quarter. 25.—Liberty to Apply. Liberty is reserved to any party to apply to correct any errors or to overcome any anomalies created by any hours amendments to the Shop Assistants' Awards or Agreement. 26.—Long Service Leave. 1. Right to Leave. A worker shall, as herein provided, be entitled to leave with pay in respect of long service. 2. Long Service. (1) The long service which shall entitle a worker to such leave shall, subject as herein provided, be con- tinuous service with one and the same employer. (2) Such service shall include service prior to the first day of April, 1958, if it continued until such time but only to the extent of the last 20 completed years of continuous service. (3) (a) Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called "the transmittor") to another employer (herein called "the transmittee") and a worker who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee—the period of the continuous service which the worker has had with the transmittor (including any such service with any prior transmittor) shall be deemed to be service of the worker with the transmittee. (b) In this subclause "transmission" includes transfer, conveyance, assignment or succession whether voluntary or by agreement or by operation of law and "transmitted" has a corresponding meaning. (4) Where, over a continuous period, a worker has been employed by two or more companies each of which is a related company within the meaning of section 6 of the Companies Act, 1961, the period of the continuous service which the worker has had with each of those companies shall be deemed to be ser- vice of the worker with the company by whom he is last employed. (Section 6 reads— (1) For the purposes of this Act, a corporation shall, subject to the provisions of subsection (3) of this section, be deemed to be a subsidiary of another corporation, if, 2756 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (a) that other corporation— (i) controls the composition of the board of directors of the first mentioned corporation; (ii) controls more than half of the voting power in the first men- tioned corporation; or (iii) holds more than half of the issued share capital of the first mentioned corporation (exclud- ing any part thereof which carries no right to participate be- yond a specified amount in a di- rection of either profits or capi- tal); or (b) the first mentioned corporation is a subsidiary of any corporation which is that other corporation's subsidiary. (2) For the purpose of subsection (1) of this section, the composition of a corporation's board of directors shall be deemed to be controlled by another corporation if that other corporation by the exercise of some power exercisable by it without the consent or concurrence of any other person can appoint or remove all or a majority of the directors; and for the purposes of this pro- vision that other corporation shall be deemed to have power to make such an appointment if— (a) a person cannot be appointed as a direc- tor without the exercise in his favour by that other corporation of such a power; or (b) a person's appointment as a director follows necessarily from his being a di- rector or other officer of that other cor- poration. (3) In determining whether one corporation is a subsidiary of another corporation— (a) any shares held or power exercisable by that other corporation in a fiduciary ca- pacity shall be treated as not held or ex- ercisable by it; (b) subject to paragraphs (c) and (d) of this subsection, any shares held or power ex- ercisable— (i) by any person as a nominee for that other corporation (except where that other corporation is concerned only in a fiduciary ca- pacity); or (ii) by, or by a nominee for, a sub- sidiary of that other corporation, not being a subsidiary which is concerned only in a fiduciary ca- pacity; shall be treated as held or exercisable by that other corporation; (c) any shares held or power exercisable by any person by virture of the provisions of any debentures of the first men- tioned corporation or of a trust deed for securing any issue of such debentures shall be disregarded; and (d) any shares held or power exercisable by, or by a nominee for, that other corpor- ation or its subsidiary (not being held or exercisable as mentioned in paragraph (c) of this subsection) shall be treated as not held or exercisable by that other corporation if the ordinary business of that other corporation or its subsidiary, as the case may be, includes the lending of money and the shares are held or power is so exercisable by way of secur- ity only for the purposes of a transaction entered into in the ordinary course of that business. (4) A reference in this Act to the holding company of a company or other corporation shall be read as a reference to a corporation of which that last mentioned company or corporation is a subsidiary. (5) Where a corporation— (a) is the holding company of another cor- poration; (b) is a subsidiary of another corporation; (c) is a subsidiary of the holding company of another corporation that first mentioned corporation and that other corporation shall for the purposes of this Act be deemed to be related to each other.) (5) Such service shall include— (a) any period of absence from duty on any annual leave or long service leave; (b) any period of absence from duty necessi- tated by sickness of or injury to the worker but only to the extent of 15 working days in any year of his employment; (c) any period following any termination of the employment by the employer if such termin- ation has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any award in respect of annual leave; (d) any period during which the service of the worker was or is interrupted by service— (i) as a member of the Naval, Military or Air forces of the Commonwealth of Australia other than as a member of the British Commonwealth Occu- pation Forces in Japan and other than as a member of the Permanent Forces of the Commonwealth of Aus- tralia except in the circumstances referred to in section 31 (2) of the De- fence Act, 1903-1956, and except in Korea or Malaya after 26th June, 1950; (ii) as a member of the Civil Construction Corps established under the National Security Act, 1939-1946; (iii) in any of the Armed Forces under the National Service Act, 1951 (as amended). Provided that the worker as soon as reasonably practicable on the completion of any such service resumed or resumes em- ployment with the employer by whom he was employed immediately before the com- mencement of such service. (6) Service shall be deemed to be continuous notwithstanding— (a) the transmission of a business as referred to in paragraph (3) of this subclause; (b) the employment with related companies as referred to in paragraph (4) of this subclause; (c) any interruption of a class referred to in paragraph (5) of this subclause; (d) any absence from duty authorised by the employer; (e) any standing-down of a worker in accord- ance with the provisions of an award, indus- trial agreement, order or determination under either Commonwealth or State law; (f) any absence from duty arising directly or in- directly from an industrial dispute if the worker returns to work in accordance with the terms of settlement of the dispute; (g) any termination of the employment by the employer on any ground other than slack- ness of trade if the worker be re-employed by the same employer within a period not exceeding two months from the date of such termination. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2757 (h) any termination of the employment by the employer on the ground of slackness of trade if the worker is re-employed by the same employer within a period not exceeding six months from the date of such termination; (i) any reasonable absence of the worker on legitimate union business in respect of which he has requested and been refused leave; (j) any absence from duty after the coming into operation of this clause by reason of any cause not specified in this clause unless the employer, during the absence or within 14 days of the termination of the absence notifies the worker in writing that such ab- sence will be regarded as having broken the continuity of service, which notice may be given by delivery to the worker personally or by posting it by registered mail to his last recorded address, in which case it shall be deemed to have reached him in due course of post. Provided that the period of absence from duty or the period of any interruption referred to in placita (d) to (j) inclusive of this paragraph shall not (except as set out in paragraph (5) of this subclause) count as service. 3. Period of Leave. (1) The leave to which a worker shall be entitled or deemed to be entitled shall be as provided in this subclause. (2) Subject to the provisions of paragraphs (5) and (6) of this subclause:— Where a worker has completed at least 15 years' service the amount of leave shall be— (a) in respect of 15 years' service so com- pleted—13 weeks' leave; (b) in respect of each 10 years' service com- pleted after such 15 years—eight and two-thirds weeks' leave; (c) on the termination of the worker's em- ployment— (i) by his death; (ii) in any circumstances otherwise than by his employer for serious misconduct; in respect of the number of years' ser- vice with the employer completed since he last became entitled to an amount of long sevice leave, a proportionate amount on the basis of 13 weeks for 15 years' service. (3) Subject to the provisions of paragraph (6) of this subclause, where a worker has completed at least 10 years' service but less than 15 years' service since its commencement and his employment is termin- ated— (a) by his death; or (b) in any circumstances, otherwise than by his employer for serious misconduct; the amount of the leave shall be such proportion of 13 weeks' leave as the number of completed years of such service bears to 15 years. (4) In the cases to which paragraphs (2) (c) and (3) of this subclause apply the worker shall be deemed to have been entitled to and to have commenced leave immediately prior to such termination. (5) A worker whose service with an employer com- menced before 1st October, 1964, and whose service would entitle him to long service leave under this clause shall be entitled to leave calculated on the fol- lowing basis:— (a) for each completed year of service com- mencing before the 1st October, 1964, an amount of leave calculated on the basis of 13 weeks' leave for 20 years' service; and (b) for each completed year of service com- mencing on or after the 1st October, 1964, an amount of leave calculated on the basis of 13 weeks' leave for 15 years' service. Provided that such worker shall not be entitled to long service leave until his completed years of service entitle him to the amount of long service leave pre- scribed in either paragraph (2)(a) or paragraph (2)(b) of this subclause as the case may be. (6) A worker to whom paragraphs (2)(c) and (3) of this subclause apply whose service with an employer commenced before 1st October, 1964, shall be en- titled to an amount of long service leave calculated on the following basis:— (a) for each completed year of service com- mencing before the 1st October, 1964, an amount of leave calculated on the basis of 13 weeks' leave for 20 years' service; and (b) for each completed year of service com- mencing on or after 1st October, 1964, an amount of leave calculated on the basis of 13 weeks' leave for 15 years' service. 4. Payment for Period of Leave. (1) A worker shall, subject to paragraph (3) of this subclause, be entitled to be paid for each week of leave to which he has become entitled or is deemed to have become entitled the rate of pay applicable to him at the date he commences such leave. (2) Such rate of pay shall be the rate applicable to him for the standard weekly hours which are pre- scribed by this award (or agreement) but in the case of casuals and part-time workers shall be the rate for the number of hours usually worked up to but not ex- ceeding the prescribed standard. (3) Where by agreement between the employer and the worker the commencement of the leave to which the worker is entitled or any portion thereof is post- poned to meet the convenience of the worker, the rate of payment for such leave shall be at the rate of pay applicable to him at the date of accrual, or, if so agreed, at the rate of pay applicable at the date he commences such leave. (4) The rate of pay— (a) shall include any deductions from wages for board and/or lodging or the like which is not provided and taken during the period of leave; (b) shall not include shift premiums, overtime, penalty rates, special rates, disability allow- ances, fares and travelling allowances or the like. (5) In the case of workers employed on piece or bonus work or any other system of payment by re- sults the rate of pay shall be calculated by averaging the worker's rate of pay for each week over the pre- vious three monthly period. 5. Taking Leave. (1) In a case to which placita (a) and (b) of para- graph (2) of subclause (3) apply:— (a) Leave shall be granted and taken as soon as reasonably practicable after the right thereto accrues due or at such time or times as may be agreed between the employer and the worker or in the absence of such agree- ment at such time or times as may be deter- mined by the Special Board of Reference having regard to the needs of the employer's establishment and the workers' circum- stances. (b) Except where the time for taking leave is agreed to by the employer and the worker or determined by the Special Board of Reference the employer shall give to a worker at least one month's notice of the date from which his leave is to be taken. 2758 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (c) Leave may be granted and taken in one con- tinuous period or if the employer and the worker so agree in not more than three sep- arate periods in respect of the first 13 weeks' entitlement and in not more than two separ- ate periods in respect of any subsequent period of entitlement. (d) Any leave shall be inclusive of any public holidays specified in this award (or agree- ment) occurring during the period when the leave is taken but shall not be inclusive of any annual leave. (e) Payment shall be made in one of the follow- ing ways:— (i) In full before the worker goes on leave; (ii) at the same time as his wages would have been paid to him if the worker had remained at work, in which case payment shall, if the worker in writing so requires, be made by cheque posted to an address specified by the worker; or (iii) in any other way agreed between the employer and the worker. (f) No worker shall, during any period when he is on leave, engage in any employment for hire or reward in substitution for the em- ployment from which he is on leave, and if a worker breaches this provision he shall thereupon forfeit his right to leave here- under in respect of the unexpired period of leave upon which he has entered, and the employer shall be entitled to withhold any further payment in respect of the period and to reclaim any payments already made on account of such period of leave. (2) In the case to which paragraph (2)(c) or para- graph (3) of subclause (3) applies and in any case in which the employment of the worker who has become entitled to leave hereunder is terminated before such leave is taken or fully taken the employer shall, upon termination of his employment otherwise than by death, pay to the worker, and upon termination of employment by death pay to the personal representa- tive of the worker upon request by the personal rep- resentative, a sum equivalent to the amount which would have been payable in respect of the period of leave to which he is entitled or deemed to have been entitled and which would have been taken but for such termination. Such payment shall be deemed to have satisfied the obligation of the employer in re- spect of leave hereunder. 6. Granting Leave in Advance and Benefits to be Brought Into Account. (1) Any employer may by agreement with a worker allow leave to such a worker before the right thereto has accrued due, but where leave is taken in such case the worker shall not become entitled to any further leave hereunder in respect of any period until after the expiration of the period in respect of which such leave had been taken before it accrued due. (2) Where leave has been granted to a worker pur- suant to the preceding paragraph before the right thereto has accrued due, and the employment sub- sequently is terminated, the employer may deduct from whatever remuneration is payable upon the ter- mination of the employment such amount as rep- resents payment for any period for which the worker has been granted long service leave to which he was not at the date of termination of his employment or prior thereto entitled. (3) Any leave in the nature of long service leave or payment in lieu thereof under a State Law or a long service leave scheme not under the provisions hereof granted to a worker by his employer in respect of any period of service with the employer shall be taken into account whether the same is granted before or after the coming into operation hereof and shall be deemed to have been leave taken and granted hereunder in the case of leave with pay to the extent of the period of such leave and in the case of payment in lieu thereof to the extent of a period of leave with pay equivalent thereof of the entitlement of the worker hereunder. 7. Records to be Kept. (1) Each employer shall, during the employment and for a period of 12 months thereafter, or in the case of termination by death of the worker for a period of three years thereafter, keep a record from which can be readily ascertained the name of each worker, and his occupation, the date of the com- mencement of his employment and his entitlement to long service leave and any leave which may have been granted to him or in respect of which payment may have been made hereunder. (2) Such record shall be open for inspection in the manner and circumstances prescribed by this award (or agreement) with respect to the time and wages re- cord. 8. Special Board of Reference. (1) There shall be constituted a Special Board of Reference for the purpose hereof to which all dis- putes and matters arising hereunder shall be referred and the Board shall determine all such disputes and matters. (2) There shall be assigned to such Board the functions of— (a) the settlement of disputes of any matters arising hereunder; (b) the determination of such matters as are specifically assigned to it hereunder. (3) The Board of Reference shall consist of one representative or substitute therefore nominated from time to time by the Confederation of Western Australian Industry (Incorporated) and one rep- resentative or substitute nominated from time to time by the Trades and Labor Council of Western Australia together with a chairman to be mutually agreed upon by the organisations named in this para- graph. 9. State Law. (1) The provisions of any State Law to the extent to which they have before the coming into operation hereof conferred an accrued right on a worker to be granted a period of long service leave in respect of a completed period of 15 or more years' service or em- ployment or an accrued right on a worker or his per- sonal representative to payment in respect of long service leave shall not be affected hereby and shall not be deemed to be inconsistent with the provisions hereof. (2) The entitlement of any such worker to leave in respect of a period of service with the employer com- pleted after the period in respect of which the long service leave referred to in paragraph (1) of this subclause accrued due shall be in accordance here- with. (3) Subject to paragraphs (1) and (2) of this subclause, the entitlement to leave hereunder shall be in substitution for and satisfaction of any long ser- vice leave to which the worker may be entitled in re- spect of employment of the worker by the employer. (4) An employer who under any State Law with re- gard to long service leave is exempted from the pro- visions of that law as at the first day of April, 1958, shall in respect of the workers covered by such exemptions be exempt from the provisions hereof. 10. Exemptions. The Special Board of Reference may subject to such conditions as it thinks fit exempt any employer from the provisions hereof in respect of its employees where there is an existing or prospective long service 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2759 scheme which, in its opinion, is, viewed as a whole, more favourable for the whole of the employees of that employer than the provision hereof. 27.—Preference to Unionists. No longer in force—see section 117(l)(g) of Indus- trial Arbitration Act, 1979. 28.—Payment of Wages. Where an obligation to pay a final amount contains a decimal figure of 0.5 of a cent or more the amount to be paid shall be the next whole cent. Example—5.5 cents becomes 6.0 cents. Where the amount to be paid contains a decimal figure of less than 0.5 of a cent, such decimal figure shall be disregarded. Example—5.4 cents becomes 5.0 cents. 29.—Compassionate Leave. (1) A worker shall, on the death of the spouse, father, mother, brother, sister, child, step-child, or guardian of dependent children of the worker be en- titled to leave up to and including the day of the funeral of such relation; such leave, for a period not exceeding two days in respect of any such death, shall be without loss of any ordinary pay which the worker would have received if he had not been on such leave. (2) The right to such paid leave shall be dependent on compliance with the following conditions: (a) The worker shall give the employer notice of his intention to take such leave as soon as reasonably practicable after the death of such relation, and in respect of a death overseas of a prescribed relative, the worker shall provide to his employer such evidence that he is attending the funeral. (b) Satisfactory evidence of such death shall be furnished by the worker to his employer. (c) The worker shall not be entitled to leave under this clause in respect of any period which coincides with any other period of leave entitlement under this award or otherwise. 30.—Maternity Leave. (1) Eligibility for maternity leave. A worker who becomes pregnant shall, upon pro- duction to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer im- mediately preceding the date upon which she pro- ceeds upon such leave. For the purposes of this clause:— (a) A worker shall include a part-time worker but shall not include a worker engaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid ma- ternity leave. (2) Period of leave and commencement of leave. (a) Subject to subclause (3) and (6) hereof, the period of maternity leave shall be for an un- broken period of from 12 to 52 weeks and shall include a period of six weeks compul- sory leave to be taken immediately before the presumed date of confinement and a period of six weeks compulsory leave to be taken immediately following confinement. (b) A worker shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) A worker shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence ma- ternity leave, stating the period of leave to be taken. (d) A worker shall not be in breach of this order as a consequence of failure to give the stipu- lated period of notice in accordance with paragraph (c) hereof if such failure is oc- casioned by the confinement occurring earlier than the presumed date. (3) Transfer to a safe job. Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the preg- nancy or hazards connected with the work assigned to the worker make it inadvisable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the worker may, or the employer may require the worker to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of period of maternity leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of maternity leave. (a) Maternity leave, applied for but not com- menced, shall be cancelled when the preg- nancy of a worker terminates other than by the birth of a living child. (b) Where the pregnancy of a worker then on maternity leave terminates other than by the birth of a living child, it shall be the right of the worker to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the worker to the employer that she desires to resume work. (6) Special maternity leave and sick leave. (a) Where the pregnancy of a worker not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly quali- fied medical practitioner certifies as necessary before her return to work. (b) Where a worker not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical prac- titioner certifies as necessary before her re- turn to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. 22201—5 2760 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. (c) For the purposes of subelauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) A worker returning to work after the completion of a period of leave taken pursu- ant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position she held immediatley before such transfer. Where such position no longer exists but there are other positions available, for which the worker is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly compar- able in status and salary or wage to that of her former position. (7) Maternity leave and other leave entitlements. Provided the aggregate of leave including leave taken pursuant to subelauses (3) and (6) hereof does not exceed 52 weeks. (a) A worker may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to a worker during her absence on maternity leave. (8) Effect of maternity leave on employment. Notwithstanding any award, or other provision to the contrary, absence on maternity leave shall not break the continuity of service of a worker but shall not be taken into account in calculating the period of service for any purpose of the award. (9) Termination of employment. (a) A worker on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the em- ployment of a worker on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an em- ployer in relation to termination of employ- ment are not hereby affected. (10) Return to work after maternity leave. (a) A worker shall confirm her intention of re- turning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of ma- ternity leave. (b) A worker, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held im- mediately before proceeding on maternity leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the worker is qualified and the duties of which she is capable of performing, she shall be en- titled to a position as nearly comparable in status and salary or wage to that of her for- mer position. (11) Replacement workers. (a) A replacement worker is a worker specifi- cally engaged as a result of a worker pro- ceeding on maternity leave. (b) Before an employer engages a replacement worker under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the worker who is being replaced. (c) Before an employer engages a person to re- place a worker temporarily promoted or transferred in order to replace a worker exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the worker who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement worker. (e) A replacement worker shall not be entitled to any of the rights conferred by this clause except where her employment continues be- yond the 12 months qualifying period. Schedule of Respondents. Traders Mutual Cash Order Co. 229 Murray Street, Perth 6000. Australian Guarantee Corporation Ltd. A.G.C. House, 250 Adelaide Terrace, Perth 6000. Industrial Acceptance Corporation Ltd. 344 Murray Street, Perth 6000. Dated at Perth this 30th day of November, 1953. CLOTHING TRADES. Award No. 16 of 1972. 1.—Title. THIS award shall be known as the Clothing Trades Award 1973 and shall replace Award Nos. 6 to 10 of 1933, as amended and Award No. 12 of 1937, as amended. 2.—Arrangement. (Amended 21/4/82.) 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Contract of Service. 8. Preference to Unionists. 9. Hours or Work. 10. Meal Interval. 11. Rest Period. 12. Overtime. 13. Holidays. 14. Annual Leave. 15. Absence through Sickness. 16. Bereavement Leave. 17. Long Service Leave. 18. Wages. 19. Minimum Wage. 20. Fixed Functions. 21. Junior Workers. 22. Location Allowances. 23. Casual Workers. 24. Payment by Results. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2761 25. Outworkers. 26. Aged, Infirm or Slow Workers. 27. Time and Wages Record. 28. Right of Entry. 29. General Conditions. 30. Board of Reference. 31. Maternity Leave. 32. No Extra Claims. Schedule of Respondents. 3.—Scope. This award shall be binding on all workers em- ployed in the callings mentioned in Clause 18.—Wages and pursuant to Clause 24.—Payment by Results of this award in the clothing industry carried out by the employers respondent hereto, and on all employers employing those workers, but shall not apply to any worker or employer bound by an award of the Commonwealth Conciliation and Arbitration Commission. 4.—Area. This award shall have effect throughout the State of Western Australia. 5.—Term. The term of this award shall be for a period of one year from the date hereof. 6.—Definitions. (Amended 21/4/82.) (1) "Examiner" means a worker required to exam- ine for faults in the construction of any garment or part of a garment made by other workers. Provided that the term does not include a worker who inciden- tal to his or her main function, examines the work of a preceding worker in a sectionalised process of oper- ation. (2) "Time work" means work performed other than under any system of payment of results specified in Clause 24.—Payment by Results of this award. (3) "Utility machinist" means a machinist who, from time to time performs production work on one or more machines other than the one or ones on which she is constantly engaged. The term does not include a female worker who, as part of the same function operates more than one machine. (4) "Tradespeople" will cover cutters, tailors and tailoresses, trimmers marking and/or cutting out linings or trimmings, fitters up and/or shapers, hand blockers in headwear, and in addition classification 45(a). 7.—Contract of Service. (1) Except in the case of a casual worker and as hereinafter provided the contract of service shall be by the week and shall be terminated by one week's notice on either side. Such notice may be given at any time within working hours and any day upon which notice is given before 10.00 a.m. shall be regarded as a full day for the purpose of this clause. (2) In the event of an employer or worker failing to give the required notice one week's wages shall be paid by the employer or forfeited by the worker. (3) When the employment is terminated by the employer, or by the worker in accordance with subclause (1) of this clause, the employer shall upon the date of such termination, pay the worker all moneys due. (4) In the event of the work of the factory or sec- tion of the factory or workshop being stopped by a breakdown of machinery, or for any cause for which the employer cannot reasonably be held responsible other than on account of lack of orders and/or a shortage of material, any worker other than a casual worker who presents himself for work shall be found work for that day or paid one day's wages in lieu thereof, but the employer may, when such causes occur, give notice to a worker that his services will not be required on the following day or days, and the worker shall not be entitled to any further payment in respect of any further days that he is out of em- ployment by reason of such causes. (5) On any day upon which a worker cannot be usefully employed because of any strike or lockout by any persons whatsover, or, any failure or lack of power arising away from the premises of the em- ployer, or any restriction or shortage of power for which the employer cannot justly be held responsible, a worker other than a casual worker who is required to attend for work and does so attend on that day shall be paid a minimum of two hours' pay at ordi- nary rates, and if required to perform work or remain at work for longer than two hours, payment shall be made at ordinary rates for all time standing by and time worked. (6) Notwithstanding anything contained in subclause (1) of this clause, during the first week of the employment the services of a worker may be ter- minated by the giving of one hour's notice on either side or, as the case may be, by the payment or forfeit- ure of one hour's pay in lieu of notice. Provided that, after the first day and during the balance of the first week of the employment, where on any day the em- ployer terminates the services of a worker, other than for misconduct, he shall be required to pay the worker not less than one day's pay for that day. (7) No worker shall, without just cause be absent from his or her employment during the prescribed hours whilst there is work ready to be done by such worker and must be available, ready and willing on the days and during the hours fixed by this award. (8) A worker not attending for duty shall, except as provided in Clause 15.—Absence through Sickness, lose his pay for the actual time of such non-attend- ance. (9) (a) Where an employer terminates the employ- ment of a worker within 14 days of the day on which a holiday prescribed in Clause 13.—Holidays occurs, and such worker is re-engaged within a period of one month after that holiday, the worker shall be paid for the holiday, but only if he has been employed by the employer for a period of at least one week prior to the termination of employment. (b) Notwithstanding the provisions of paragraph (a) hereof, should the employment of a worker be ter- minated by the employer, through no fault of the worker, on or after the last working day of the last pay period in November or within 14 working days prior to Good Friday such worker shall be paid for each holiday prescribed in Clause 13.—Holidays, oc- curing during the Christmas-New Year period and at Easter time in the same manner as he would have been entitled to payment had the employment not been terminated but only if he had been employed by the employer for a period of at least three months prior to the termination of employment. (10) A worker shall be paid all wages due to him in full during the ordinary working hours not later than two working days following the termination of the working week. (11) Nothing contained in this clause shall affect the right of an employer to dismiss a worker, without notice, for misconduct. 8.—Preference to Unionists. No longer in force—See section 117 (1) (g) of In- dustrial Arbitration Act, 1979. 9.—Hours of Work. (1) (a) The ordinary hours of duty shall not exceed 40 in any one week to be worked within five days, Monday to Friday inclusive. The spread of hours shall be between 7.00 a.m. and 6.00 p.m. but no worker shall be rostered for duty in excess of eight 2762 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982 hours without payment of overtime unless an ar- rangement has been made in accordance with the provisions of this subclause. (b) A spread of hours, other than that herein pre- scribed, and the number of hours in excess of eight on any day which may be worked without the payment of overtime, may be agreed upon by the employer and the workers concerned and assented to by the union in writing or as approved by the Commission. (2) Where a worker is employed in a retail store he may be rostered for ordinary duty on five and a half days of the week at ordinary rates of pay within the hours prescribed from time to time by the Shop As- sistants (Metropolitan) Award. (3) Any worker, other than a casual worker, who is employed in a retail store on a five and a half day week basis shall be paid such additional rates for work performed on Saturday as is prescribed from time to time by the Shop Assistants (Metropolitan) Award. Provided that any worker who has completed his ordinary hours of duty by Friday of each week shall not be entitled to the additional rates for Saturday work but shall be paid overtime rates in re- spect of all work performed on a Saturday. (4) Except in the case of an emergency the em- ployer shall give one week's notice of any alteration to the starting and ceasing times of the ordinary hours of duty. 10.—Meal Interval. (1) Except as provided in this clause an interval of not more than one hour and not less than 45 minutes shall be allowed for the mid-day meal interval, Monday to Friday inclusive provided that the dur- ation of the interval may be reduced to not less than 30 minutes where the employer and the majority of his workers so agree. (2) The meal interval shall be observed between the hours of 11.30 a.m. and 2.30 p.m. (3) When a worker is required for duty during his usual meal time and his meal time is thereby post- poned for more than half an hour he shall be paid at overtime rates until the meal break is allowed. 11.—Rest Period. A worker shall be entitled to a daily rest period of 10 minutes without loss of pay, to be taken between the hour of 9.30 a.m. and 11.00 a.m. at the discretion of the employer. During such rest period a worker may leave the place of work but not the employer's premises. 12.—Overtime. (1) All time worked by a worker in excess of 40 hours in a week or in excess of his or her normal number of daily hours or outside the daily spread of hours prescribed in Clause 9.—Hours of Work of this award shall be paid for at the rate of time and one half for the first two hours and double time there- after. Each day shall stand alone for the purpose of calculating overtime. (2) All time worked on Saturday after 12 noon or on Sunday shall be paid for at the rate of double time. (3) A worker paid under any system of payment by results when working overtime shall be paid in ad- dition to the ordinary earnings paid under such system for work done in excess time such sum per hour as is equivalent to the weekly wage divided by 80. Provided that for work in excess of two hours overtime on any day such sum per hour as is equival- ent to the weekly wage divided by 40 shall be paid in addition to ordinary earnings. (4) A worker required to work for more than one hour after the usual ceasing time or beyond 6.00 p.m. (whichever is the later) on any day. Monday to Friday inclusive shall be paid meal money of $2.50 for the purchase of any meal required. (5) Notwithstanding anything hereinbefore con- tained a worker who is required to work for longer than one and a half hours after the usual ceasing time shall be allowed not less than 30 minutes meal break. Provided that this subclause shall not apply to a worker on any day where there is an early ceasing time, unless a total of five and a half hours or more inclusive of overtime is to be worked following the mid-day meal interval. (6) (a) Notwithstanding anything contained in this award an employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement. (b) No organisation, party to this award or worker or workers covered by this award shall in any way, whether directly or indirectly, be a party to or con- cerned in any ban, limitation or restriction upon the working of overtime in accordance with the pro- visions of this subclause. 13.—Holidays. (1) (a) The following days or the days observed in lieu shall, subject as hereinafter provided, be allowed as holidays without deduction of pay, namely, New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause. (b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. (2) On any public holiday not prescribed as a hol- iday under this award the employer's establishment or place of business may be closed, in which case a worker need not present himself for duty and pay- ment may be deducted, but if work is done ordinary rates of pay shall apply. (3) (a) Work done on any day prescribed as a hol- iday in subclause (1) of this clause shall be paid for at the rate of double time and one half. (b) Any worker engaged under any system of pay- ment by results and who works on any holiday pre- scribed in subclause (1) of this clause shall for all time worked on that day be paid his ordinary earn- ings under such system of payment by results, and in addition an amount calculated on the basis of time and one half of the ordinary rate for the class of work being performed. (4) The provisions of this clause shall not apply to casual workers. 14.—Annual Leave. (1) Except as hereinafter provided a period of four consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer after a period of 12 months' continuous service with that employer. (2) (a) During a period of annual leave a worker shall receive a loading of 17'A per cent calculated on the award rate of wage prescribed by Clauses 18.—Wages, 21.—Junior Workers and 22.—Location Allowances of this award for the occupation in which 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2763 the worker was ordinarily employed immediately prior to commencement of his leave. The loading shall be applicable to both time workers and pay- ment by result workers. (b) The loading prescribed under paragraph (a) hereof is payable when services terminate in the fol- lowing circumstances and not otherwise:— (i) In respect of any untaken part of a full en- titlement to annual leave for which payment in lieu is made; or (ii) In respect of any incompleted 12 months' period for which proportionate leave on ter- mination is payable, if services are termin- ated by tne employer after the 25th August in any year through no fault of the worker. (3) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordi- nary working day there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid. (4) (a) If after one month's continuous service in any qualifying 12 monthly period a worker lawfully leaves his employment or his employment is termin- ated by the employer through no fault of the worker, the worker shall be paid one third of a week's pay at his ordinary rate of wage in respect of each com- pleted month of continuous service. (b) Except as provided in paragraph (b) of subclause (2) of this clause, the loading prescribed in that subclause shall not apply to proportionate leave on termination. (5) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this award shall not count for the purpose of determining his right to annual leave. (6) In the event of a worker being employed by an employer for portion only of a year, he shall only be entitled, subject to subclause (4) of this clause, to such leave on full pay as is proportionate to his length of service during that period with such em- ployer, and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of such em- ployer are on leave on full pay. (7) A worker who is justifiably dismissed for mis- conduct shall not be entitled to the benefit of the provisions of this clause. (8) Subject to subclauses (9) and (10) hereof, annual leave shall be taken at a time fixed by the em- ployer within a period not exceeding three months from the date when the right of annual leave accrued and after not less than three months notice to the worker. (9) In special circumstances and by mutual consent of the employer, the worker, and the union con- cerned, annual leave may be taken in not more than three periods. (10) Notwithstanding the provisions of this clause an employer who observes a Christmas closedown for the purpose of granting annual leave may require a worker to take his annual leave in not more than three periods but no such periods shall be less than one week and at least three months notice of the re- quirement to take leave shall be given in each case. (11) Where a worker under any system of payment by results takes annual leave such leave shall be at the relevant time rate provided that— (a) for each week or part thereof of annual leave to which he is entitled the worker shall re- ceive an additional payment based on the average weekly incentive payment earned in excess of the appropriate award wage for the classification concerned. The average shall be calculated on a 40 week qualifying period and applied to ordinary hours only in re- spect of any incentive scheme based on pro- duction during the "qualifying period of em- ployment" in each year. (b) The "qualifying period of employment" shall mean— (i) in the case of a worker taking annual leave at Christmas, the period of 40 consecutive weeks commencing with the first pay period in February. If annual leave is taken in two or three periods the same average additional payment for the first period shall also apply to the second or third period. (ii) In the case of a worker taking annual leave at any other time, the first 40 consecutive weeks in the 12 months immediately preceding the date of the taking of annual leave. (iii) Where a worker is not employed dur- ing the whole of the "qualifying period", he shall still be eligible for such additional payment but the average shall be calculated on the period of employment falling within the said 40 consecutive weeks. (c) In the case of a worker absent on long ser- vice leave during any "qualifying period of employment" both the period of such leave and the payment in respect thereof shall be excluded from the calculation of average in- centive payment earned. (d) Payment of any bonus or incentive in re- spect of "unrated work" shall be regarded as payment in respect of an incentive scheme for the purpose of paragraph (a) hereof. (e) In calculating the average incentive pay- ments earned, all amounts paid in respect of overtime, shift work or penalty rates shall be excluded. (f) The additional payment as specified in paragraph (a) hereof shall not apply to a worker receiving pro rata payment in lieu of annual leave on termination of employment with less than 12 months' service in any 12 monthly qualifying period for-annual leave except in the case where a worker with more than six months' service with an employer is terminated by that employer, other than for misconduct, or where a worker terminates during the year on account of personal ill- ness, substantiated by medical certificate or where a worker terminates on the day that the factory closes down for annual leave. (12) An out worker shall be paid for annual leave prescribed by this award which occurs during the period of his employment, such payment to be on a pro rata basis in proportion to the amount his aggre- gate earnings bear to the annual time rate earnings of an indoor worker doing similar work, payable on temination of employment or annually. Provided that such payment shall not exceed the total amount to which such indoor workers are entitled to annu- ally. (13) The provisions of this clause shall not apply to casual workers. 15.—Absence Through Sickness. (1) (a) A worker who is unable to attend or remain at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled^ to payment during such absence in ac- cordance with the following provisions. (b) Entitlement to payment shall accrue at the rate of one sixth of a week for each completed month of service with the employer. 2764 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (c) If in the first or successive years of service with the employer a worker is absent on the ground of per- sonal ill health or injury for a period longer that his entitlement to paid sick leave, payment may be ad- justed at the end of that year of service, or at the time the worker's services terminate, if before the end of that year of service, to the extent that the worker has become entitled to further paid sick leave during that year of service. (2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the worker if the absence by reason of personal ill health or injury exceeds the period for which en- titlement has accrued during the year at the time of the absence. Provided that a worker shall not be en- titled to claim payment for any period exceeding 10 weeks in any one year of service. (3) To be entitled to payment in accordance with this clause the worker shall as soon as reasonably practicable advise the employer of his inability to at- tend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circum- stances shall be given to the employer within 24 hours of the commencement of the absence. (4) The provisions of this clause do not apply to a worker who fails to produce a certificate from a medi- cal practitioner dated at the time of the absence of who fails to supply such other proof of the illness or injury as the employer may reasonably require pro- vided that the worker shall not be required to pro- duce a certificate from a medical practitioner with re- spect to absences of two days or less unless after two such absences in any year of service the employer re- quests in writing that the next and subsequent ab- sences in that year if any, shall be accompanied by such certificate. Provided that where a female worker is regularly absent because of menstrual disorder it shall be sufficient for the employer to require the production of a medical certificate with respect to such absence no more than once in any 12 months. (5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to a worker who suffers personal ill health or injury.during the time when he is absent on annual leave and a worker may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the worker was confined to his house or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medical practitioner that he was so confined. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the worker was entitled at the time he pro- ceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the worker or, failing agreement, shall be added to the worker's next period of annual leave, or, if termination occurs before then, be paid for in accordance with the provisions of Clause 14.—Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 14.—Annual Leave shall be deemed to have been paid with respect to the re- placed annual leave. (6) Where a business has been transmitted from one employer to another and the worker's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in volume 59 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the worker at the date of transmission from service with the transmitter shall stand to the credit of the worker at the commencement of service with the transmittee and may be claimed in accordacne with the pro- visions of this clause. (7) The provisions of this clause with respect to payment do not apply to workers who are entitled to payment under the Workers' Compensation Act nor to workers whose injury or illness is the result of the worker's misconduct. (8) The provisions of this clause do not apply to casual workers. (9) A worker employed under any system of pay- ment by results and entitled to sick leave under the provisions of this clause shall be paid at the time- work rate applicable to the classification in which he is employed. 16.—Bereavement Leave. A worker shall on the death within Australia of a wife, husband, father, mother, brother, sister, child or stepchild be entitled on notice to leave up to and in- cluding the day of the funeral of such relation, and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the worker in two ordinary day's work. Proof of such death shall be furnished by the worker to the satis- faction of the employer if he so requests. Provided that this clause shall have no operation while the period of entitlement to leave under it co- incides with any other period of leave. For the purpose of this clause the words "wife" and "husband" shall not include a wife or husband from whom the worker is legally separated but shall in- clude a person who lives with the worker as a de facto wife or husband. 17.—Long Service Leave. The long service leave provisions set out in Volume 59 of the Western Australian Industrial Gazette at pages 1 to 6 inclusive are hereby incorporated in and shall be deemed to be part of this award. 18.—Wages. (Amended 21/4/82.) (1) (a) Order Tailoring for Males. The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or work incidental thereto of all male outer garments of any description (including dressing gowns) cut and made to chart measure or cut and made to an indi- vidual measure and garments that are fitted on shall be as follows:— No. Classification $ 1. Cutter, marking in and/or cutting out 232.80 2. Trimmer marking in and/or cutting out linings or trimmings 214.40 3. Fitter up and/or shaper 214.40 4. Head of table or bench of machines, in charge of four or more persons $6.50 above appropriate machinist rate. 5. Tailor or tailoress employed in mak- ing and/or altering coats by hand or by machine and who in the ordinary course of employment is performing similar work to that ordinarily per- formed by an order tailor 219.00 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2765 212.40 201.30 198.90 198.90 6. Coat maker engaged on three of any of the following operations: $ (a) canvassing fore-parts by hand; (b) basting-under and basting-out facings by hand; (c) inserting pads, basting on under-collars and basting-in sleeves for try-on; (d) hand felling top collars; (e) basting-in sleeves by hand and working sleeve heads 211.60 7. Employees employed making and/or altering by hand or by machine any part of a dress coat, tuxedo, frock coat, dinner jacket, or body coats of all descriptions 212.40 8. Coat table hand or coat machinist 201.30 9. Trouser table hand or trouser machinist 198.90 10. Vest table hand or vest machinist 198.90 11. Embosser, embroiderer, cornelli worker 202.30 12. Presser pressing off and/or under- pressing 207.70 13. Examiner examining for faults in construction 210.00 14. All others not herein classified 185.70 (b) Order Tailoring for Females. The weekly wage for every description of work done in connection with order tailoring for females which includes the making and/or altering and/or repairing and/or work inciden- tal thereto of tailored female outer garments cut and made to chart measure or cut and made to an indi- vidual measure and garments that are fitted on shall be as follows:— No. Classification $ 15. Cutter, marking in and/or cutting out ._. v 232.80 16. Trimmer marking in and/or cutting out linings or trimmings 214.40 17. Fitter up and/or shaper 214.40 18. Head of a table or a bench of machines, in charge of four or more persons $6.50 above appropriate machinist rate. 19. Tailor or tailoress employed in mak- ing coats by hand or by machine and who in the ordinary course of em- ployment are performing similar work to that ordinarily performed by an order tailor 219.00 20. Coat maker engaged on three of any of the following operations: (a) canvassing fore-parts by hand; (b) basting-under and basting-out facings by hand; (c) inserting pads, basting-on under-collar and basting-in sleeves for try-on; (d) hand felling top collars; (e) basting-in sleeves by hand and working sleeve heads 211.60 21. Coat table hand or coat machinist 201.30 22. Skirt maker and/or machinist 198.90 23. Outer leg wear maker and/or machinist 198.90 24. Embosser, embroiderer, cornelli worker 202.30 25. Presser, pressing off and/or underpressing 207.70 26. Examiner examining for faults in construction 212.40 27. All others not herein classified 185.70 (c) Ready Made Clothing for Males. The provisions contained in this group shall not apply to the making of cardigans, pullovers and knitted swimsuits in es- tablishments of employers wherein the principal business of such employer consists of the knitting of materials and the making of garments so knitted. The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or work incidental thereto of all male outer garments of any description including dressing gowns, excepting those specified in subclauses (1) and (9) of this clause shall be as fol- lows— No. Classification $ 28. Cutter, laying up and/or marking in and/or using marker lay and/or cutting out 221.60 29. Die cutter in cutting room 221.60 30. Trimmer marking and/or cutting out linings or trimmings 214.40 31. Fitter up and/or shaper 214.40 32. Head of table or a bench of machines, in charge of four or more persons $4.80 above appropriate machinist rate. 33. Tailor or Tailoress 219.00 34. Alteration or repair hand (tailor or tailoress) 219.00 35. Alteration hand (other than tailor or tailoress) in retail establishment 204.90 36. Coat table hand or coat machinist 201.30 37. Trouser table hand or trouser machinist 198.90 38. Vest table hand or vest machinist 198.90 39. Presser pressing off and/or under- pressing garments other than the garment which the employee is making 207.70 40. Durable crease setters and/or sprayers 201.40 41. Seam presser and/or seam opener by machine or by hand 197.10 42. Canvas fuser and/or air operated fusing machine operator other than on a Hoffman type press 198.90 43. Embosser, embroiderer, cornelli worker 202.30 44. Proofer 195.80 45. Examiners, examining for faults in construction: (i) Tailor or Tailoress 216.80 (ii) Others 201.30 46. Brasher and folder 193.70 47. Hand sewer of buttons, hooks, eyes, press studs and the like 197.00 48. Operator, electronic welding machine 193.30 49. Operator of pess stud or rivetting machine 193.30 50. Transporter operator, i.e. employee operating console 201.30 51. All others not herein classified 185.70 (d) Order Dressmaking. The weekly wage for every description of work done in connection with order dressmaking which includes the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of all female outer garments of any description (including dressing gowns) cut and made to an individual measure and garments that are fitted on, other than such items of outer wearing ap- parel as are specified in subclause 2 hereof, shall be as follows:— „ , Rates per week No. Classification $ 52. Cutter, marking in and/or cutting out 224.30 53. Head of a table or a bench of machines in charge of four or more persons $6.50 above appropriate machinist rate. 2766 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. 54. Table hand or machinist 201.30 55. Presser operating Hoffman type press or hand iron more than 8 lbs. in weight (not counter-weighted) 207.70 56. Presses pressing off and/or underpressing—other 201.30 57. Pleater making patterns and pleating by hand or by machine 211.60 58. Pleater, rolling in by hand or machine and/or inserting pleat into pattern 193.70 59. Embosser, embroiderer, cornelli worker 202.30 60. Fitter-on trying on to a customer un- finished or finished garments 205.10 61. Hand sewers of buttons, hooks, eyes, press studs and the like 197.00 62. All others not herein specified 185.70 (e) Ready Made Dressmaking and Ready Made Tailoring for Females. The provisions contained in this group shall not apply to the making of cardigans, pullovers and knitted swimsuits in establishments of employers wherein the principal business of such employer con- sists of the knitting of materials and the making of garments so knitted. The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work inci- dental thereto to all descriptions of readymade garments or outer wearing apparel for females ex- cepting those specified in subclauses (2), (4) and (9) of this clause, which shall include tea, dressing or house gowns, blouses, fronts, collars, collarettes, cuffs and children's garments (other than those included in subclause (6)) shall be as follows:— No. Classification $ 63. Cutter, marking in and/or cutting out 221.60 64. Die cutter in cutting room 221.60 65. Trimmer making in and cutting out linings and/or trimmings 214.40 66. Fitter up and/or shaper 214.40 67. Head of a table or a bench of machines, in charge of four or more persons $4.80 above appropriate machinist rate. 68. Tailor or tailoress 219.00 69. Table hand, finisher or machinist making garments other than fronts, collars, collarettes, cuffs or shoulder pads 201.30 70. Deleted 71. Embroiderer, Embosser, cornelli worker 72. Alteration hand (other than tailor or tailoress) in retail establishment 73. Presser pressing off and/or underpressing operating Hoffman type press or hand iron more than 8 lbs. in weight (not counterweighted) . 74. Presser pressing off and/or underpressing—other 75. Seam presser and/or seam opener by machine or by hand 76. Durable crease setter and/or sprayer. 77. Pleater making patterns and pleating by hand or by machine 78. Pleater, rolling in by hand or by machine and/or inserting pleat into pattern 79. Examiner, examining for faults in construction 202.30 .... 204.90 207.70 201.30 197.10 201.40 211.60 193.70 201.30 80. Hand sewer of buttons, hooks, eyes, press studs and the like 197.00 81. Operator, electronic welding machine 193.30 82. Operator of press stud or riveting machine 193.30 83. Transporter operator i.e. employee operating console 201.30 84. All others not herein classified 185.70 (f) Underclothing. The provisions contained in this group shall not apply to establishments of employers wherein the principal business of such employers consists of the knitting of goods and making of garments from goods so knitted. The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work inci- dental thereto of all descriptions of underclothing for females which shall include corsets, brassieres, night- gowns, pyjamas, pinafores, and aprons for females, and sunsuits, playsuits, and similar garments for chil- dren not exceeding eight years of age shall be as fol- lows:— No. Classification 85. Cutter, marking in and/or cutting out 86. Die cutter in cutting room 87. Head of a table or a bench of machines in charge of four or more persons $4.80 above appropriate machinist rate. 88. Machinist 89. Adornment Worker 90. Table hand and/or finisher 91. Presser and/or ironer operating Hoffman type press or hand iron more than 8 lbs. in weight (not couterweighted) 92. Presser and/or ironer—other 93. Transferer 94. Examiner examining for faults in construction 95. Hand sewer of buttons, hooks, eyes, press studs and the like 96. Transporter operator, i.e. employee operating console 97. All others not herein classified 221.60 221.60 198.90 198.90 197.90 couterweighted) 207.70 92. Presser and/or ironer—other 197.90 93. Transferer 197.90 94. Examiner examining for faults in construction 198.90 95. Hand sewer of buttons, hooks, eyes, press studs and the like 197.00 96. Transporter operator, i.e. employee operating console 198.90 97. All others not herein classified 185.70 (g) Whitework. The weekly wage for every descrip- tion of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of all descriptions of whitework which shall include all descriptions of napery and/or sheets and/or pillow slips and/or pil- low shams and/or diapers and/or handkerchiefs and/or towels and/or chenille bedspreads and/or mosquito nets and/or chenille bath mats and when made in clothing and whitework factories, toys and/or lamp shades and/or cot covers and/or blankets and/or bedspreads shall be as follows:— Rates per week No. Classification $ 98. Cutter, marking in and/or cutting out 221.60 99. Die cutter in cutting room 221.60 100. Head of a table or bench of machines, in charge of four or more persons $4.80 above appropriate machinist rate. 101. Machinist and/or table hand 197.90 102. Transferer and/or adornment worker 197.90 103. Presser and/or ironer operating Hoffman type press or hand iron more than 8 lbs. in weight (not counterweighted) 207.00 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2767 104. Presser and/or ironer—other 197.90 105. Examiner 197.90 106. Dyer and/or bleacher (chenille) 203.90 107. Vat attendant (chenille) 197.10 108. Divider of material 197.90 109. All others not herein classified 185.70 (h) Collars, Shirts, Ties, Scarves and Pyjamas. The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of collars, ties, scarves, shirts, cuffs, shirt fronts, pyjamas for males, singlets and underpants, except knitted goods, shall be as follows:— Rates No. Classification 110. Cutter, marking in and/or cutting out 111. Die cutter in cutting room 112. Head of a table or a bench of machines, in charge of four of more persons $4.80 above appropriate machinist rate. 113. Machinist and/or table hand and/or adornment worker 114. Presser and/or ironer operating Hoffman type press or hand iron more than 8 lbs. in weight (not counterweighted) 115. Presser and/or ironer—other 116. Fuser 117. Examiner examining for faults in construction 118. Transporter operator, i.e. employee operating console 119. All others not herein classified 221.60 221.60 198.90 counterweighted) 207.00 115. Presser and/or ironer—other 197.90 116. Fuser 198.90 117. Examiner examining for faults in construction 198.90 118. Transporter operator, i.e. employee operating console 198.90 119. All others not herein classified 185.70 (i) Industrial Clothing. The weekly wage for every description of work done in making and/or work inci- dental thereto of industrial clothing for males and fe- males which includes industrial uniforms overalls (excluding what are known in the trade as shaped garments) boiler suits, dust coats and industrial shorts, made from materials other than woollen or worsted shall be as follows:— No. Classification 120. Cutter, marking in and/or cutting out 121. Die cutter in cutting room 122. Head of a table or a bench of machines, in charge of four or more persons $4.80 above appropriate machinist rate. 123. Machinist and/or table hand 124. Presser and/or ironer operating Hoffman type press or hand iron more than 8 lbs. in weight (not counterweighted) 125. Presser and/or ironer—other 126. Examiner 127. Operator, electronic welding mach- ine 128. Operator of press stud or riveting machine 129. Transporter operator, i.e. employee operating console 130. All others not herein classified 221.60 221.60 198.90 207.00 197.90 198.90 193.30 193.30 198.90 185.70 (j) Headwear. The weekly wage for every descrip- tion of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto to any kind of hats, caps, bonnets, helmets, berets, or any other kind of headwear shall be as follows:— No. Classfication $ 131. Cutter other than milliner 220.00 132. Head of a table or bench of machines in charge of four or more persons $4.80 above appropriate machinist 133. Hand blocker 220.10 134. Machine blocker 204.80 135. Helmet maker 202.00 136. Capmaker 202.00 137. Machinist and/or table hand 198.90 138. Model milliner designing original models 205.10 139. Milliner 198.90 140. Presser and/or ironer operating Hoffman type press or hand iron more than 8 lbs. in weight (not counterweighted) 204.80 141. Presser and/or ironer—other 197.90 142. Operator, electronic welding machine 193.30 143. All others not herein classified 185.70 (k) Umbrellas. The weekly wage for every descrip- tion of work done in connection with the making and/or altering and/or repairing and/or work inciden- tal thereto of any description of umbrellas, parasols or the like shall be as follows:— No. Classification $ 144. Gore cutter, marking in and/or cutting out 214.70 145. Machinist 197.90 146. Examiner 197.90 147. Hand ironer 197.90 148. Frame maker 194.60 149. Umbrella assembler, including rib assembling, band fixing, topping, clipping in, rolling, studding, pulling up and fitting handles, angle joints, runners, notches, bells and spikes 190.60 150. All others not herein classified 185.70 (1) Fur Trade. The weekly wage for every descrip- tion of work done in connection with the making and/or altering and/or remodelling and/or repairing and/or work incidental thereto of all types of garment or articles such as coats, jackets, capes, headwear, scarves, collars, cuffs, neckwear, muffs, rugs, mats and toys made in the establishment of a furrier from furred and/or haired and/or woolled skins shall be as follows:— No. Classification $ 151. Cutter marking and/or cutting out.... 232.40 152. Head of a table or bench of machines, in charge of four or more persons $4.80 above appropriate machinist rate. 153. Nailer 203.20 154. Fur machinist 204.50 155. Machinist (other than on fur machine) and/or table hand 200.40 156. All others not herein classified 185.70 2768 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (m) Artificial Flowers and Brushed Silk Emblems. The weekly wage for every description of work done in connection with the making and/or work inciden- tal thereto of all types of artificial flowers and brushed silk emblems shall be as follows:— Rates 21.—Junior Workers (1) All Groups of the Industry. No. Classification 157. Cutter and/or stamper 158. Dyer 159. Shaper of petals by hand, with aid of curling iron and/or bowler and as- sembling the petals so shaped 199.70 160. Pressing and/or making and/or tying artificial flowers 197.50 161. Tiers and/or cutters and/or brushers of emblems 197.50 162. All others not herein classified 185.70 (2) Mid Term Adjustment. From the beginning of the first pay period to commence on or after 1st July, 1982, wage rates shall increase as follows:— Tradespeople: $14.00 per week. Relative amounts for other classifications, i.e. 6.4 per cent. This is to be the only wage increase to apply during the currency of Clause 32.—No Extra Claims and shall be in lieu of decisions made in National and State Wage Cases. However, having regard to the spirit and intent of the "no extra claims" term of this Award, the parties agree that if there is an unforseen change of an extra- ordinary nature to the economic circumstances, such unforseen change being so significant that employees covered by this award are seriously disadvantaged, the following procedure shall apply at State level: (a) The union and the Confederation of West- ern Australian Industry shall meet to dis- cuss the matter. (b) The course of action to be followed in ab- sence of agreement is that the matter shall be referred to the Western Australian In- dustrial Commission for decision which shall be accepted by the parties as ending the matter. Such a review or variation to the mid-term ad- justment is to be sought at the State level and not sought or pursued at plant level. 209.10 204.10 19.—Minimum Wage. (1) Notwithstanding the provisions of Clause 18.—Wages of this award, no adult male worker shall be paid less than $143.30 per week as ordinary rates of pay in respect of the ordinary hours of work pre- scribed by this award. (2) Where a minimum rate of pay as aforesaid is applicable to workers for work in ordinary hours the same rate shall be applicable to the calculation of overtime and all other penalty rates, payment during sick leave and annual leave and for all other purposes of this award. 20.—Mixed Functions. (1) A worker engaged on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for the time so engaged but if engaged for more than half of one day the worker shall be paid the higher rate for the whole day. (2) Where a worker is engaged on duties carrying a higher rate than his ordinary classification the em- ployer shall keep an accurate record of the time worked by such a worker on each class of work. In the absence of such a record the worker shall be entitled to the higher rate of pay for the whole day on which engaged on such higher duties. Percentage of weekly wage rate for classification No. 69 Machinist etc. $ 50 55 60 65 69 72 75 16 years and under 50 16'A years 55 17 years 60 17'/a years 65 18 years 69 18 N years 72 19 years 75 19'/a years 80 5 20 years 85 Provided that any Junior Worker:— (a) with at least three years and not more than four years experience in the clothing trades industry shall be paid not less than the per- centage of the appropriate male or female rate for a 20 year old improver as the case may be; (b) after four years experience in the clothing trades industry shall be paid the appropri- ate rate for an adult male or female em- ployee respectively in the classification in which he or she is employed; (c) on attaining 20 years of age who has had more than two years experience in the cloth- ing trades industry shall be paid the appro- priate adult rate. (2) Limitation. No female under the age of 18 years shall work on a Hoffman type manually operated press. 22.—Location Allowances. (Amended 4/8/82.) (1) Subject to the provisions of this clause, in ad- dition to the wages prescribed in Clause 18.—Wages of this Award, a married employee shall be paid the following allowances when employed in the towns de- scribed hereunder. Town $ Agnew 18.30 Balladonia 16.00 Boulder 6.90 Broome 28.10 Bullfinch 8.80 Carnarvon 14.20 Cockatoo Island 31.10 Coolgardie 6.90 Cue 18.00 Dampier 24.10 Denham 14.20 Derby 29.30 Esperance 6.10 Eucla 19.90 Exmouth 24.20 Fitzroy Crossing 34.80 Goldsworthy 18.50 Halls Creek 38.50 Kalbarri 5.40 Kalgoorlie 6.90 Kambalda 6.90 Karratha 27.70 Koolan Island 31.10 Koolyanobbing 8.80 Kununurra 44.20 Laverton 17.80 Learmonth 24.20 Leinster 18.20 Leonora 17.80 Madura 18.00 Marble Bar 40.60 Meekatharra 15.40 Mount Magnet 18.70 Mundrabilla 19.00 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2769 Newman Norseman Nullagine Onslow Pannawonica Paraburdoo Port Hedland Ravensthorpe Roebourne Sandstone Shark Bay Shay Gap Southern Cross. Teutonic Bore .. Tom Price Whim Creek Wickham Wiluna Wittenoom Wyndham (2) Except as provided in subclause (4) of this clause, a single employee shall be paid 50 per cent of the allowances prescribed in subclause (1) of this clause. (3) An employee, whose spouse is employed by the same employer and who is entitled to an allowance of a similar kind to that prescribed by this clause shall be paid 50 per cent of the allowance prescribed in subclause (1) of this clause. (4) Where an employee is provided with board and lodging by his employer, free of charge, such em- ployee shall be paid 33 1/3 per cent of the allowances prescribed in subclause (1) of this clause. (5) Junior workers, casual workers, part-time workers, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allow- ance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed. (6) Where an employee is on annual leave or re- ceives payment in lieu of annual leave he shall be paid for the period of such leave the district allow- ance to which he would ordinarily be entitled. (7) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he shall only be paid district allowance for the period of such leave he remains in the district in which he is employed. (8) For the purpose of this clause a married em- ployee includes:— (a) A person who has a de-facto spouse, and (b) a person who is a sole parent with depend- ant children. (9) Where an employee is employed in a town or lo- cation not specified in this clause the allowance pay- able for the purpose of subclause (1) shall be such amount as may be agreed between Australian Mines and Metals Association, the Confederation of West- ern Australian Industry and the Trades and Labor Council of Western Australia or, failing such agree- ment, as may be determined by the Commission: Provided that, pending any such agreement or deter- mination, the allowance payable for that purpose shall be an amount equivalent to the district allow- ance in force under this award for that town or lo- cation on 1st June, 1980. (10) Nothing herein contained shall have the effect of reducing any "district allowance" currently pay- able to any employee subject to the provision of this award whilst that employee remains employed by his present employer. (11) Subject to the making of a General Order pur- suant to section 50 of the Act, that part of each lo- cation allowance representing prices shall be varied from the beginning of the first pay period commenc- ing on or after the 1st day in July of each year in ac- cordance with the annual percentage change in the Consumer Price Index (excluding housing) for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest 10 cents. 23.—Casual Workers. (1) A worker may be employed in any week as a casual worker for less than 30 hours (exclusive of overtime) but shall be paid as follows: (a) If on time work—the ordinary time rate plus one third. (b) If on any system of payment by results—the appropriate rate plus on third. (2) Any time worked after 30 hours shall be paid for at the appropriate overtime rate provided for a worker in Clause 12.—Overtime. 24.—Payment by Results. (1) An employer may maintain, institute or re- institute any system of payment by results subject only to the provisions and limitations set out in this clause. (2) No employer shall make a bonus or merit pay- ment which fluctuates from period to period accord- ing to the amount of work performed by the worker concerned, unless such worker is working under a system of payment by results instituted in accord- ance with the provisions of this clause. (3) (a) An employer may remunerate any of his workers under any system of payment by results pro- vided that an adult worker covered by Clause 18 of the award (i.e. excluding a worker covered by Clause 22 or 26 of the award) or a junior worker required by the employer to work under such system shall while so working receive a minimum amount each week equal to the appropriate weekly wage prescribed in Clause 18 of the award for his or her classification. Where such worker does not work a full week under a system of payment by results, he or she shall receive a weekly minimum amount proportionate to the time worked by such worker under such system. (b) Where a worker is working under a system of payment by results and has for any reason attribu- table to such worker not produced on at least two of any preceding four consecutive weeks an amount of work which is sufficient to enable such worker to earn the weekly wage appropriate to his or her classifi- cation in the award, the employer may require such worker to work on time work at the weekly wage pre- scribed in the award for his or her classification. (c) If there is a complaint in relation to such worker's transfer to time work the employer or the employer's representative shall be notified and in the event of a dispute arising as to such complaint the matter shall be referred for determination by the Board of Reference. (d) Except in the circumstances set out in para- graph (b) hereof, where an employer without the con- sent of the worker requires an adequately trained worker to work on time work on a garment or part of a garment or an article or part of an article on which a time standard or an incentive rate is in operation, and there is a complaint, it may be notified to the employer or the employer's representative and in the event of a dispute arising as to such complaint the matter shall be referred for determination by the Board of Reference. (4) An employer may fix or alter a time standard or incentive rate in respect of any garment or part of a garment, or any article or part of an article; provided such time standard or incentive rate is set so as to en- able an adequately trained worker of average skill and performance, when applying dilligence and ef- fort, to earn between 25 to 30 per cent more than the weekly wage appropriate to his or her classification in this award. 2770 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (5) When so fixing or altering a time standard or incentive rate the employer or his representative shall consult with— (a) the accredited union work room representa- tive or representatives; or (b) in the absence of such representative or rep- resentatives, two worker representatives mutually agreed between the workers and management; or (c) failing the appointment of two such accept- able worker representatives, all of the workers engaged in that operation. And shall explain the basis of and the reasons for such fixation or alteration, and the likely weekly earnings on such time standard or incentive rate. (6) Once a time standard or incentive rate has been so fixed, such standard or rate shall not be altered ex- cept where any of the following circumstances occur:— (a) a change in manufacturing methods, (b) a change in material used, (c) a change in machines or equipment used, (d) a change in quality requirements, (e) to correct a demonstrable error in existing time standards or incentive rates, (f) by mutual agreement. (7) (a) An employer may insist upon a fair trial for a new or revised time standard or incentive rate and a worker when so directed shall give such time stan- dard or incentive rate a fair trial up to a maximum of four working weeks duration. (b) During such trial period a worker shall receive the bonus earned, but in no case (except in the case of a worker covered by Clause 26.—Aged, Infirm or Slow Workers of this award) shall the worker receive less than the weekly wage appropriate to his classifi- cation. Provided that when a revised time standard or incentive rate is involved as a result only of a change in manufacturing methods or in machines or equipment used, a worker during such trial period shall receive the bonus earned but in no case (except in the case of a worker covered by Clause 26.—Aged, Infirm of Slow Workers of this award) shall the worker receive less than the weekly wage appropriate to his classification, or the average weekly earnings of such worker over the preceding four working weeks, whichever is the greater. (c) If after such trial a worker believes that the time standard or incentive rate is unfair, the em- ployer or the employer's representative shall be so in- formed. (d) In the event of any dispute as to a time stan- dard or incentive rate fixed by the employer the mat- ter shall be referred to the Board of Reference. (8) A copy of all time standards or incentive rates shall within 24 hours of being fixed be signed and dated by the employer or his representative and shall be kept and made available by the employer in a con- spicuous place accessible to the workers concerned in each and every room of the establishment where work under such time standards or incentive rates is being performed. Such copy may be counter-signed by a worker's representative if the workers concerned so desire. (9) Where pursuant to subclause (8) hereof only time standards are made available the employer shall provide an adequate conversion table to enable a worker to readily convert such time standards into money equivalents. (10) A worker employed under any system of pay- ment by results shall on any day be paid in respect of each hour worked an amount not less than one-forti- eth of the weekly wage appropriate to his or her classification in this award, and shall not suffer de- duction from the amount earned on any day by reason of his or her failure to achieve incentive rate on any other day. (11) (a) Where an employer operates a piece work system as defined in subclause (17) (b) hereof, the same monetary amount per piece shall be paid to all piece work workers doing the same operation in the factory or workshop. (b) Where an employer operates any other system of payment by results, under which a task or quota is fixed, the task or quota at which a junior worker shall become entitled to receive incentive earnings shall be that proportion of the adult task or quota which his or her award wage bears to the rate of an adult worker performing the same class of work. In such case any production in excess of the said pro- portionate task or quota applicable to such junior worker shall be paid for at the rate appropriate to the weekly wage prescribed in the award for such junior workers. (c) Where a worker is working under a system of payment by results and is required to work in the ca- pacity of a sample hand, he shall be entitled to re- ceive, up to a maximum period of four weeks, not less than the weekly wage appropriate to his classification or the average weekly earnings of such worker over the preceding four weeks, whichever is the greater. For the purpose of this clause a sample hand means a machinist specifically engaged on producing the ori- ginal samples. (12) A worker shall complete work records or logs daily in accordance with the employer's directions and any wilful falsification of daily production re- cords will be sufficient grounds for instant dismissal of the worker concerned. Where necessary the em- ployer shall make arrangements for collecting worker work records or logs without loss of time to the worker concerned. (13) An adult worker employed under any system of payment by results who is ready, willing and able to work during the ordinary working hours but for whom work is not provided by the employer shall be paid for such period of waiting at the rate of the ap- propriate weekly wage for his or her classification in Clause 18.—Wages of this award. In the case of a junior worker not less than the appropriate amount prescribed for such junior worker shall be paid. (14) Where a worker is employed for less than a week under any system of payment by results such worker shall be paid the amount earned during the time so employed under payment by results, and shall also be paid the appropriate time rate for any time employed during the remainder of the week. (15) Effect shall be given in payment by results rates to alterations in the weekly wage by increasing or decreasing such rates proportionately to the in- crease or decrease in the weekly wage. (16) Where an employer operates a system of pay- ment by results such employer shall on application by the secretary of the union make available to an authorised representative of the union at the prem- ises of the employer the basis of such system. (17) For the purpose of this award:— (a) Time standards and/or incentive rates in- clude all time standards or incentive rates fixed either under task, piece work, bonus or other methods of payment by results. (b) A piece work system includes a system which attaches either an amount of money or a standard time to a garment or part of a garment or an article or part of an article. (18) In the event of a dispute arising in connection with any matter relating to the operation of a system of payment by results, the dispute shall be referred to the Board of Reference. 25.—Outworkers. (1) Subject to the provisions of the Factories and Shops Act, 1963, an employer may employ a worker outside of his premises on work covered by this award. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2771 (2) Under the contract of service of such an out- worker he shall be paid:— (a) The wage prescribed in Clause 18.—Wages of this award for the classification in which he is engaged for the actual work performed. (b) For each holiday prescribed in Clause 13.—Holidays of this award, which occurs during the period of employment, one-fifth of the weekly wage prescribed for the classi- fication in which he is engaged. (c) For annual leave in accordance with the pro- visions of subclause (10) of Clause 14.—Annual Leave of this award. (3) An employer shall provide an outworker with all necessary materials, trimmings and sewing threads. 26.—Aged, Infirm or Slow Workers. (1) Any worker who by reason of age, inability or infirmity is not capable of performing all the duties ordinarily required of his or her position may be paid at a rate less than the rate fixed in this award with the consent in writing of the union. (2) In the event of agreement not being reached the matter may be referred to the Board of Reference for determination. (3) After application has been made to the Board and pending the Board's decision, the worker shall be entitled to work for the employer at the proposed lesser rate. 27.—Time and Wages Record. (1) The employer shall keep and enter up or cause to be kept and entered up records in the English language containing the following particulars:— (a) The name and address given by each worker. (b) The classification of work performed. (c) The daily starting and finishing times (and overtime, if any) worked by each worker. (d) The wages (and overtime, if any) paid to each worker. (e) The date of birth of junior workers. (f) Where any worker is employed under any system of payment by results, the employer shall keep a correct record of the rates and of the class and number of articles or parts of articles on which work is done by such a worker each week. (2) Such records shall be open to inspection by a duly authorised representative of the union during ordinary working hours. 28.—Right of Entry. (1) On notifying the employer or his representative a duly authorised representative of the union shall be permitted to interview a worker during the recog- nised meal period on the business premises of the employer at the place at which the meal is taken but this permission shall not be exercised without the consent of the employer more than once in any one week. (2) In the case of a disagreement existing or antici- pated concerning any of the provisions of this award, a duly authorised representative of the union, on no- tifying the employer or his representative, shall be permitted to enter the business premises of the em- ployer to view the work the subject of any such dis- agreement but shall not interfere in any way with the carrying out of such work. 29.—General Conditions. (1) Uniforms. Where an employer requires a worker to wear a uniform he shall pay for its provision and cleaning. (2) Tools of Trade. The employer shall provide all necessary tools for workers in each workshop or factory. Any tools lost due to neglect on the part of the worker shall be replaced by or paid for by the worker concerned. (3) Union Notices and Posting of Award. An employer shall allow a copy of this award and union notices, signed by the secretary of the union, to be posted in a place readily accessible to the workers and approved by the employer. 30.—Board of Reference. (1) The Commissioner hereby appoints for the pur- poses of this award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to section 48 of the Industrial Arbitration Act, 1979. (2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or dealing with any matter which under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference. 31.—Maternity Leave. (1) Eligibility fox Maternity Leave. A worker who becomes pregnant shall, upon pro- duction to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer im- mediately preceding the date upon which she pro- ceeds upon such leave. For the purposes of this clause:— (a) A worker shall include a part-time worker but shall not include a worker engaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid ma- ternity leave. (2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an un- broken period of from 12 to 52 weeks and shall include a period of six weeks' compul- sory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) A worker shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) A worker shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence ma- ternity leave, stating the period of leave to be taken. (d) A worker shall not be in breach of this order as a consequence of failure to give the stipu- lated period of notice in accordance with paragraph (c) hereof if such failure is oc- casioned by the confinement occurring earlier than the presumed date. (3) Transfer to a Safe Job. Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the preg- nancy or hazards connected with the work assigned to the worker make it inadvisable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the worker may, or the employer may require the worker to, take leave for such period as is certified necessary 2772 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of Period of Maternity Leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity Leave. (a) Maternity leave, applied for but not com- menced, shall be cancelled when the preg- nancy of a worker terminates other than by the birth of a living child. (b) Where the pregnancy of a worker then on maternity leave terminates other than by the birth of a living child, it shall be the right of the worker to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the worker to the employer that she desires to resume work. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of a worker not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly quali- fied medical practitioner certifies as necessary before her return to work. (b) Where a worker not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical prac- titioner certifies as necessary before her re- turn to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) A worker returning to work after the completion of a period of leave taken pursu- ant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the worker is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly compar- able in status and salary or wage to that of her former position. (7) Maternity Leave and Other Leave En- titlements. Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks:— (a) A worker may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to a worker during her absence on maternity leave. (8) Effect of Maternity Leave on Employment. Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of a worker but shall not be taken into account in calculating the period of service for any purpose of the award. (9) Termination of Employment. (a) A worker on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the em- ployment of a worker on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an em- ployer in relation to termination of employ- ment are not hereby affected. (10) Return to Work After Maternity Leave. (a) A worker shall confirm her intention of re- turning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of ma- ternity leave. (b) A worker, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held im- mediately before proceeding on maternity leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the worker is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position. (11) Replacement Workers. (a) A replacement worker is a worker specifi- cally engaged as a result of a worker pro- ceeding on maternity leave. (b) Before an employer engages a replacement worker under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the worker who is being replaced. (c) Before an employer engages a person to re- place a worker temporarily promoted or transferred in order to replace a worker exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the worker who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement worker. (e) A replacement worker shall not be entitled to any of the rights conferred by this clause except where her employment continues be- yond the 12 months qualifying period. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2773 32.—No Extra Claims. (1) The union agrees that it is a term of this award that changes in wages and conditions of employment are in full settlement of the unions' claims and no further claims will be made by the unions either:— (a) to vary the terms of the award during the 12 months period between 1st February, 1982 and 31st January, 1983, or (b) against individual employers for increases in over-award payments or for changes in any of the conditions of employment dealt with in this award. Provided that, where prior to 1st February, 1982 an employer has agreed that a specific alteration to wage rates and/or conditions of employment will be made during the 12 months period specified in paragraph (a) hereof, such commitment shall stand. Schedule of Respondents. Walsh's Pty. Ltd. Fullin Tailoring Company. Top Form Clothing Manufacturers. Regalia Craft. Rostelle Pty. Ltd. Jahne Fashions. Rosa Agnello. Anna Dressmaker. Pina Creations. Dreske Somoff. Foulds Ladies Uniforms. Annabelle Bridal Fashions. Wilsons Silk Fair Pty. Ltd. Nell Gray Fashions. Sinikka. Thompsons Frock Shop. Lindy's Hideout. J.E.B. Distributors. Conlee Manufacturing Company. Harman Holdings Pty. Ltd. Carron Enterprises. Dated at Perth this 15th day of June, 1973. EGG PROCESSING. Award No. 42 of 1978. 1.—Title. THIS Award shall be known as the Egg Processing Award 1978 and replaces Award No. 19 of 1964 as amended and consolidated and further amended. 2.—Arrangement. (Amended 4/8/82.) 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Definition. 7. Hours. 8. Overtime. 9. Shiftwork. 10. Part Time Workers. 11. Contract of Service. 12. Mixed Functions. 13. Meal Interval. 14. Wages. 15. Time and Wages Record. 16. Payment of Wages. 17. Holidays. 18. Annual Leave. 19. Absence through Sickness. 20. Long Service Leave. 21. Bereavement Leave. 22. Under Rate Workers. 23. Limitation on Female Work. 24. Junior Workers Certificate. 25. Proportion of Juniors. 26. No Reduction. 27. General Conditions. 28. Board of Reference. 29. Inspection by Union. 30. Union Notices and Posting of Award. 31. Membership of Union. 32. Maternity Leave. 3.—Scope. This Award shall apply to all workers engaged in or in connection with the handling of eggs including candling, grading, packing, pulping, dehydrating, oiling, or any other method of preserving and/or pro- cessing eggs. 4.—Area. This Award shall apply throughout the State of Western Australia. 5.—Term. The term of this Award shall be for a period of two years from the first pay period commencing on or after the 1st day of March 1979. 6.—Definitions. (1) "Sectional Supervisor" shall mean a worker ap- pointed as a Sectional Supervisor by the employer in any of the following branches of the operations of the Board:— (a) Receival. (b) Materials. (c) Pulping. (d) Floor. (2) "Other Supervisor" shall mean a worker ap- pointed as another Supervisor by the employer in any of the following branches of the operations of the Board:— (a) Cleaning. (b) Cases and Trolleys. (c) Machine. (d) Quality Control. (e) Floors (Depot). (3) "Leading Hand" shall mean a worker ap- pointed as such by the employer and who, in addition to ordinary duties is required to supervise other workers. (4) "Freezer Room Attendant" shall mean a worker required by the employer to work in a temperature between 0° and minus 15.5° Celsius. (5) "Machine Operator" shall mean a worker em- ployed as a machine operator by the employer to operate the Gluer-Sealer. (6) "Quality Controller" shall mean a worker ap- pointed as a quality controller by the employer and employed in the quality control section on quality control. (7) "Part Time Worker" shall mean a worker who works regularly from week to week for not less than 25 hours and not more than 40 hours each week. (8) "Casual Worker" shall mean a worker engaged as such for less than one week. Provided that where the employer and the union agree in writing, casual workers may be employed for such period as required to meet specific requirements of the employer. 2774 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. 7.—Hours. (1) The ordinary working hours shall not exceed 40 per week and subject to Clause 9.—Shift Work shall be worked in straight shifts of eight hours between 7.00 a.m. and 5.00 p.m. on Monday to Friday inclusive. (2) The starting and finishing times in any estab- lishment shall only be altered by the employer giving seven days' notice to his workers of such alteration, except where otherwise agreed between the employer and the union. 8.—Overtime. (Amended 4/8/82.) (1) All time worked in excess of eight hours per day or before the usual starting time or after the usual finishing time shall be paid for at the rate of time and a half for the first two hours and double time there- after. (2) (a) All work performed after 12 noon Saturday or on a Sunday shall be paid for at the rate of double time. (b) All work performed on any of the days de- scribed in subclause (1) of Clause 17.—Holidays of this Award shall be paid for at the rate of double time and a half subject to the employees election referred to in subclause (2) of Clause 17.—Holidays of this Award. (3) (a) A worker required to work overtime for more than two hours, without being notified on the previous day or earlier that he will be so required to work, shall be supplied with a meal by the employer or $3.50 for a meal. (b) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he has notified the workers concerned on the previous day or earlier that such second or subsequent meal will also be required, pro- vide such meals or pay an amount of $2.75 for such second or subsequent meal. (c) No such payments need be made to workers liv- ing in the same locality as their workshops who can reasonably return home for such meals. (d) If a worker in consequence of receiving such no- tice has provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than notified, he shall be paid the amounts above prescribed in respect of the meals not then required. (4) Rest Period: (a) When overtime work is necessary it shall, wherever reasonably practicable, be so ar- ranged that workers have at least 10 con- secutive hours off duty between the work of successive days. (b) A worker (other than a casual worker) who works so much overtime between the ter- mination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least 10 consecutive hours off duty between those times shall, subject to this subclause be re- leased after completion of such overtime until he has had 10 consecutive hours off duty without loss of pay for ordinary work- ing time occurring during such absence. (c) If, on the instructions of his employer, such a worker resumes or continues work without having had such 10 consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (5) (a) Notwithstanding anything contained in this Award, an employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement. (b) No organisation, party to this Award, or worker or workers covered by this Award shall in any way, whether directly or indirectly, be a party to or con- cerned in any ban, limitation or restriction upon the working of overtime in accordance with the require- ments of this subclause. (6) When a worker is required to hold himself in readiness for a call to work after ordinary hours, he shall be paid at ordinary rates for the time he so holds himself in readiness. (7) When a worker is recalled to work after leaving the job or is required to report for work (and so re- ports) on a public holiday or on a day other than an ordinary working day:— (a) he shall be paid for at least three hours at the appropriate rate for each such occasion, but not more than once in respect of any period of time; (b) Time reasonably spent in getting to and from work shall be counted as time worked. 9.—Shift Work. (1) An employer may, if he so desires, work his es- tablishment on shifts, but before doing so he shall give notice of his intention to the Union and of the intended starting and finishing times of ordinary working hours of the respective shifts. (2) (a) Where any particular process is carried out on shift other than day shift, and less than five con- secutive afternoon or five consecutive night shifts are worked on that process then the workers employed on such afternoon or night shifts shall be paid at overtime rates. (b) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or any public holiday. (3) A shift worker shall be paid 15 per cent in ad- dition to his ordinary rate of wage when on afternoon or night shift. (4) Where a worker is not required to work a shift in accordance with his normal roster because of any of the holidays prescribed in Clause 15.—Time and Wages Record of this Award he shall be paid the shift loading prescribed in subclause (3) of this clause for that shift. (5) Where three shifts are worked, a meal break of not less than 20 minutes shall be allowed in each shift and paid for. 10.—Part Time Workers. (1) A part time worker as defined in Clause 6.—Definitions hereof shall be paid at the rate of one fortieth of the ordinary rate of wage prescribed by the Award for the class of work performed for each hour worked each week during the hours prescribed in Clause 7.—Hours of this Award. (2) Payment for holidays, annual leave and sick leave for such part time workers pursuant to Clause 17.—Holidays, 18.—Annual Leave and 19.—Sick Leave of this Award shall be in the proportion that the hours regularly worked each week bears to 40 hours. 11.—Contract of Service. (1) (a) Except in the case of a casual worker, the contract of hiring of every worker shall be a weekly one terminable by one week's notice on either side, given on any working day or in the event of such no- tice not being given by the payment of one week's pay by the employer or the forefeiture of one week's pay by the worker. Provided this shall not affect the 24th November, 1982.] W 2775 right of an employer to dismiss a worker without no- tice for misconduct. A worker dismissed for miscon- duct other than theft or wilful damage shall be en- titled to the payment of wages up to the time of dis- missal. (b) The contract of service for a casual worker shall be by the hour terminable at any moment by one hour's notice on either side or in the event of such no- tice not being given, by the payment of one hour's pay by the employer or the forfeiture of one hour's pay by the worker. (2) The employer shall be under no obligation to pay for any day not worked upon which the worker is required to present himself for duty, except where such absence from work is due to illness and comes with the provision of Clause 19.—Absence through Sickness or such absence is on account of holidays to which the worker is entitled under the provisions of this Award. (3) The employer shall be entitled to deduct pay- ment for any day or portion of a day upon which the worker cannot usefully be employed because of any strike by the union or unions affiliated with it, or by any other association or union, or through the break- down of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent. (4) Where the provision of subclause (3) apply a worker who reports for work (unless advised by the employer not to report) shall be paid for a minimum of three hours at his ordinary rate of pay. 12.—Mixed Functions. (1) A worker engaged for more than half of one day on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for such day. If employed for less than half of one day he shall be paid the higher rate for the time so worked. (2) A worker's regular rate of wage shall not be reduced whilst he is temporarily employed on work classified with a lower minimum rate. 13.—Meal Interval. (1) Not less than 30 minutes nor more than one hour shall be allowed for a meal each day. (2) No worker shall work more than five and a half hours without being allowed a suitable interval for a meal. (3) When a worker is required for duty during any meal time whereby his meal time is postponed for more than one hour, he shall be paid at overtime rates until he gets his meal. 14.—Wages. The following shall be the minimum rates of wages payable to workers covered by this Award. Column Column A B $ $ (1) Adult Workers: Machine Operator 220.90 230.90 Quality Controller 219.90 229.90 Freezer Room Attendant 214.60 224.60 Candler and/or oiler 212.60 222.60 Bench Hand 205.40 215.40 Trainee Candler and/or oiler . 205.20 215.20 Packer and/or Cracker 205.20 215.20 Floor Hand 199.10 209.10 (2) Junior Workers: (Per cent of Adult Rate of the Classification in which employed) % Under 17 years of age 60 17 to 18 years of age 70 18 to 19 years of age 80 19 years of age and over 100 22201—6 Junior Workers aged 18 years of age and over engaged on work other than as a floor hand shall be paid the appropriate adult rate. (3) Workers placed in charge of a section or in charge of other workers shall be paid the fol- lowing allowances per week in addition to the rates prescribed in this clause for the work performed. $ (a) Sectional Supervisors (i) Receivals 29.30 (ii) Materials 29.30 (iii) Pulp 29.30 (iv) Floor 29.30 (b) Other Supervisors (i) Cleaning 19.90 (ii) Cases and Trolleys 19.90 (iii) Machine 19.90 (iv) Quality Control 19.90 (v) Floor (Depot) 19.90 Leading Hand 9.80 (4) Casual Workers shall be paid 20 per cent in addition to the rate prescribed in this clause for the work performed. 15.—Time and Wages Record. (1) The employer shall keep or cause to be kept a record or records containing the following particu- lars:— (a) Name of each worker. (b) The nature of his work. (c) The hours worked each day and each week. (d) The wages and overtime (if any) paid each week. (e) The age of each junior worker. Any system of automatic recording by machines shall be deemed to comply with this provision to the extent of the information recorded. (2) The time and wages record shall be open for in- spection by a duly accredited official of the union during the usual office hours at the employer's office, or other convenient place, and the representative may be allowed to take extract therefrom. 16.—Payment of Wages. (1) Wages shall be paid at least weekly. (2) Not more than two days' wages shall be kept in hand by the employer. (3) When a worker's services are terminated he shall be paid all wages due before leaving the em- ployer's premises or alternatively (except in the case of casual workers) a cheque for the amount due may be forwarded to the worker's last known address within 48 hours of such termination. 17.—Holidays. (1) (a) The following days, or the days observed in lieu shall, subject as hereinafter provided, be allowed as holidays without deduction of pay namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties, in lieu of any of the days named in the subclause. (b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or on a Sunday the hol- iday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. 2776 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (2) When a worker is required to work on any of the days prescribed in subclause (1) of this clause he shall be paid pursuant to Clause 8.—Overtime of this Award or at the election of the worker he may be paid time and one half plus a day in lieu to be taken at the mutual convenience of the worker and the employer. (3) The provisions of this clause shall not apply to casual workers. 18.—Annual Leave. (1) Except as hereinafter provided, a period of four consecutive weeks' leave with payment as prescribed in subclause (2) hereof shall be allowed annually to a worker by his employer after a period of 12 months' continuous service with that employer. (2) (a) (i) A worker before going on leave shall be paid the wages he would have re- ceived in respect of the ordinary time he would have worked had he not been on leave during the relevant period. (ii) Subject to paragraph (c) hereof a worker shall, where applicable have the amount of wages to be received for annual leave calculated by includ- ing the following:— (aa) The rate applicable to him as prescribed in Clause 14.—Wages. (bb) Subject to paragraph (b) (ii) the rate prescribed for work in ordinary time by Clause 9.—Shift Work of this Award according to the worker's ros- ter or projected roster includ- ing Saturday and Sunday shifts. (cc) Any other rate to which the worker is entitled in accord- ance with his contract of em- ployment for ordinary hours of work. (b) During a period of annual leave a worker shall receive a loading calculated on the rate of wage prescribed by paragraph (a) (ii) (aa) of this subclause. The loading shall be as follows:— (i) Day Workers—A worker who would have worked on day work had he not been on leave—a loading of 17 N per cent. (ii) Shift Workers—A worker who would have a worked on shift work had he not been on leave—a loading of 17 Va per cent. Provided that where the worker would have received a shift loading prescribed by Clause 9.—Shift Work had he not been on leave during the relevant period and such loading would have entitled him to a greater amount than the loading of 17 Va per cent then the shift loading shall be added to the rate of wage prescribed by paragraph (a) (ii) (aa) of this subclause in lieu of the 17 Va per cent loading. Provided further that if the shift loadings would have entitled him to a lesser amount than the loading of 17 Va per cent then such loading of 17 Va per cent, shall be added to the rate of wage prescribed by paragraph (a) (ii) (aa) of this subclause in lieu of the shift loadings. The loadings prescribed by this subclause shall not apply to proportionate leave on termination. (3) If any Award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordi- nary working day there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid. (4) (a) If after one month's continuous service in any qualifying 12 monthly period, a worker lawfully leaves his employment, or his employment is termin- ated by the employer through no fault of the worker, the worker shall be paid 3.08 hour's pay at the ordi- nary rate of wage in respect to each completed week of continuous service. (b) In addition to any payment to which he may be entitled under paragraph (a) hereof, a worker whose employment terminates after he has completed a 12 monthly qualifying period and who has not been al- lowed the leave prescribed under this Award in re- spect of that qualifying period shall be given pay- ment in lieu of that leave unless:— (i) he has been justifiably dismissed for miscon- duct; and (ii) the misconduct for which he has been dis- missed occurred prior to the completion of that qualifying period. (5) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay, workers' compensation or time spent on holidays or annual leave as prescribed by this Award shall not count for the purpose of determining his right to annual leave. (6) In special circumstances and by mutual consent of the employer, the worker, and the union con- cerned, annual leave may be taken in not more than two periods, but neither period shall be less than one week. (7) A worker shall be given at least two weeks' no- tice that he is to take his annual leave. (8) The provisions of this clause shall not apply to casual workers. 19.—Absence Through Sickness. (1) (a) A worker who is unable to attend or remain at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in ac- cordance with the following provisions. (b) Entitlement to payment shall accrue at the rate of one sixth of a week for each completed month of service with the employer. (c) If in the first or successive years of service with the employer a worker is absent on the ground of per- sonal ill-health or injury for a period longer than his entitlement to paid sick leave, payment may be ad- justed at the end of that year of service, or at the time the worker's services terminate, if before the end of that year of service, to the extent that the worker has become entitled to further paid sick leave during that year of service. (2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the worker if the absence by reason of personal ill- health or injury exceeds the period for which en- titlement has accrued during the year at the time of the absence. Provided that a worker shall not be en- titled to claim payment for any period exceeding 10 weeks in any one year of service. (3) To be entitled to payment in accordance with this clause the worker shall as soon as reasonably practicable advise the employer of his inability to at- tend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circum- stances shall be given to the employer within 24 hours of the commencement of the absence. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2777 (4) The provisions of this clause do not apply to a worker who fails to produce a certificate from a medi- cal practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require pro- vided that the worker shall not be required to pro- duce a certificate from a medical practitioner with re- spect to absence of two days or less unless after two such absences in any year of service the employer re- quests in writing that the next and subsequent ab- sences in that year if any, shall be accompanied by such certificate. (5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to a worker who suffers personal ill health or injury during the time when he is absent on annual leave and a worker may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the worker was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medical prac- titioner that he was so confined. Provided that the provisions of this paragraph do not relieve the worker of the obligation to advice the employer in accord- ance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the worker was entitled at the time he pro- ceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a) and (b) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the worker or, failing agreement, shall be added to the worker's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 18.—Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 18.—Annual Leave shall be deemed to have been paid with respect to the re- placed annual leave. (6) Where a business has been transmitted from one employer to another and the worker's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in Volume 59 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the worker at the date of transmission from service with the transmitter shall stand to the credit of the worker at the commencment of service with the transmittee and may be claimed in accordance with the pro- visions of this clause. (7) The provisions of this clause with respect to payment do not apply to workers who are entitled to payment under the Workers' Compensation Act nor to workers whose injury or illness is the result of the worker's own misconduct. (8) The provisions of this clause do not apply to casual workers. 20.—Long Service Leave. (1) Subject to subclause (3) of this clause a worker who has completed seven years' continuous service with the employer shall be entitled to three calen- dard months long service leave on full pay or six cal- endar months long service leave on half pay. (2) For each subsequent period of seven years' ser- vice a worker shall be entitled to an additional three calendar months' long service leave on full pay or six calendar months' long service leave on half pay. (3) In calculating a worker's entitlement under this clause continuous service with the employer prior to the 1st day of October, 1977 shall be taken into ac- count in the following manner:— (a) In the case of a worker who has already ac- crued an entitlement to long service leave with the employer prior to the 1st day of October, 1977, the worker shall continue to accrue subsequent entitlements to long ser- vice leave in accordance with the provisions of subclause (1) of this clause. (b) In the case of a worker who at the 1st day of October, 1977 had not accrued an en- titlement to long service leave, the worker's entitlement shall be calculated on the fol- lowing basis:— (i) For any period of continuous employ- ment that began prior to the 1st day of October, 1964 an amount calcu- lated on the basis of 13 weeks long service leave on full pay for each 20 years of continuous service. (ii) For any period of continuous employ- ment between the 2nd day of October, 1964 and the 1st day of October, 1973 an amount calculated on the basis of 13 weeks long service leave on full pay for each 15 years of continuous service. (iii) For any period of continuous employ- ment between the 2nd day of October, 1973 and the 1st day of October, 1977 an amount calculated on the basis of 13 weeks long service leave on full pay for each 10 years of continuous service. (4) The expression "continuous service" includes any period during which the worker is absent on full pay or part pay from his duties, 'but does not in- clude:— (a) Any period exceeding two weeks during which the worker is absent on leave without pay, or any service a worker may have had before reaching the age of 18 years. In the case of leave without pay which exceeds two weeks in a continuous period, the entire period of that leave is exercised in full. (b) any period during which the worker is taking his long service leave entitlement or any portion thereof; (c) any service of a worker who resigns, (except a female worker who resigns because of or with a view to marriage) or is dismissed, other than service prior to such resignation or prior to the date of any offence in respect of which he is dismissed by the employer, when that prior service has actually entitled the person to long service leave under this clause. (d) where a lump sum payment for pro rata long service leave has been made to a female worker who has continued to hold her pos- ition after her marriage, and period of ser- vice that was taken into account in ascer- taining the amount of that lump sum pay- ment; (e) any period of service between the date on which a worker's approved accumulated en- titlements to long service leave became due and the date he reduces that entitlement by taking not less than three months long ser- vice leave. 2778 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (5) Any public holiday prescribed in Clause 17 of this Award which occurs during the period a worker is on long service leave shall be treated as part of the long service leave, and extra days in lieu thereof shall not be granted. (6) Long service leave shall be taken as it falls due at the convenience of the employer. Provided that the employer may approve the accumulation of long service leave. (7) A lump sum payment for the money equivalent of any long service leave accrued in accordance with this clause and for pro rat a long service leave shall be made in the following cases:— (a) To a worker who retires at or over the age of 60 years, or who is retired on the grounds of ill health, provided that no payment shall be made for pro rata long service leave unless the worker has completed not less than 12 months' continuous service before the date of his retirement. (b) To a female worker who resigns because of or with a view to marriage, provided that no payment shall be made for pro rata long ser- vice leave unless the officer had completed not less than three years' continuous service before the date on which her resignation be- comes effective, and provided further she produces a Marriage Certificate, or other evidence satisfactory to the employer, be- fore any payment is made. (c) To a worker who, not having resigned is re- tired for any other cause, provided that no payment shall be made for pro rata long ser- vice leave unless the worker had completed not less than three years' continuous service before the date of this retirement. (d) To the widow of a worker or such other per- son as may be approved by the employer, in the event of the death of a worker, provided that no payment shall be made for pro rata long service leave unless the worker had completed not less than 12 months' continu- ous service prior to the date of death. (e) To a female worker who, with the approval of the employer, continues to hold her pos- ition after her marriage, who completes not less than three years' continuous service be- fore payment is made and produces a Certificate of Marriage to the employer. Provided that: Where a female worker completes not less than three years of con- tinuous service before the date' of her mar- riage, the lump sum payment shall be paid as soon as practicable after the employee has produced a Certificate of Marriage to the employer and shall be calculated having regard to:— (i) the worker's salary rate as at the date of her marriage; (ii) the worker's period of continuous ser- vice up to the date of her marriage. When the worker has not completed three years of continuous service before the date of marriage the lump sum payment shall be paid as soon as practicable after the date on which she completes three years' continuous service, and shall be calculated having re- gard to: (i) the worker's salary rate at the date on which she completes three years' con- tinuous service, and (ii) three years of continuous service only. (8) The calculation of the amount due for long ser- vice leave accrued and for pro rata long service leave shall be made at the rate of salary of a worker at the date of retirement, resignation or death, whichever applies. 21.—Bereavement Leave. (1) A worker shall, on the death within Australia of a wife, husband, father, mother, brother, sister, child or stepchild, be entitled on notice to leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the worker in two ordinary working days. Proof of such death shall be furnished by the worker to the satisfaction of his employer. (2) Payment in respect of bereavement leave is to be made only where the worker otherwise would have been on duty and shall not be granted in any case where the worker concerned would have been off duty in accordance with his roster; or on long service leave, annual leave, sick leave, workers' compen- sation, leave without pay or on a public holiday. 22.—Under Rate Workers. (1) Any worker who by reason of old age or infirm- ity is unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed upon in writing between the union and the employer. (2) In the event of no agreement being arrived at, the matter may be referred to the Board of Reference for determination. (3) After application has been made to the Board, and pending the Board's decision, the worker shall be entitled to work for and be employed at the proposed lesser rate. 23.—Limitation on Female Work. No female worker under the age of 18 years shall be required to lift or carry weights in excess of 11.5 kilograms and no female worker over 18 years of age shall be required to lift or carry weights in excess of 16 kilograms. 24.—Junior Workers Certificate. (1) Junior workers upon being engaged shall if re- quired furnish the employer with a certificate con- taining the following particulars:— (a) Name in full. (b) Age and date of birth. (2) No worker shall have any claim upon an em- ployer for additional pay in the event of the age of the worker being wrongly stated on the certificate. If any junior worker shall wilfully misstate his age in the certificate he alone shall be guilty of a breach of this Award, and in the event of a worker having re- ceived a higher rate than that to which he was en- titled he shall make restitution to the employer. The certificate shall be available for inspection by an accredited representative of the union in the man- ner which the Time and Wages Record is open for in- spection. 25.—Proportion of Juniors. The proportion of Junior Workers to Senior Workers shall not exceed 40 per cent of the total workers employed. 26.—No Reduction. Nothing herein contained shall entitle an employer to reduce the wage of any worker who at the date of this Award was being paid a higher rate of wage than the minimum prescribed for his or her class of work. 27.—General Conditions. (1) Where and when practicable, suitable seating accommodation shall be provided for workers unless it is physically impossible to carry out the work re- quired in a sitting position. (2) Where the conditions of work are such that workers are unable to avoid their clothing becoming excessively wet, they shall be supplied with protec- tive clothing or material. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2779 (3) Where the conditions of work are such that workers are unable to avoid their feet becoming wet, the employer shall, supply free of charge, rubber boots. (4) Where the conditions of work being performed require the use of gloves they shall be supplied by the employer free of cost. (5) Where the employer requires a worker to wear overalls or a uniform of any description, such shall be provided by the employer free of charge. (6) Workers required to work in a cold chamber shall be supplied with a freezer suit with hood at- tached, freezer gloves and suitable freezer boots, free of cost. (7) Protective Clothing and/or uniforms supplied by the employer shall remain the property of the em- ployer and shall be returned when required, in good order and condition, fair wear and tear excepted. (8) No worker shall be permitted to work in a freezer chamber longer than 50 minutes without a break outside of at least 10 minutes. (9) Each freezer chamber shall have an effective es- cape hatch fitted. (10) Adequate first aid equipment shall be pro- vided in each establishment and be readily available during all times during which work is performed. 28.—Board of Reference. (1) The Commission hereby appoints for the pur- poses of this Award a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to section 48 of the Industrial Arbitration Act, 1979. (2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or dealing with any matter which, under this Award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference. 29.—Inspection by Union. (1) Accredited representatives of the union shall be permitted to interview the workers on the business premises of the employer during non-working times or meal breaks. (2) In the case of a dispute between the union and an employer which is likely to lead to a cessation of work or to an application to the Commission and which involves the inspection of workers or of machines in the process of production on which such workers are engaged, such union representatives shall have the right of inspection at any time during which the workers or machines concerned are working, but this permission shall not be exercised without the consent of the employer more than once in any one week. (3) Provided that the duly accredited representa- tive shall notify the employer beforehand of his intention to exercise his rights under this clause. 30.—Union Notices and Posting of Award. (1) An employer shall provide a notice board of reasonable dimensions to be erected in a prominent position in his establishment upon which an ac- credited union representative shall be permitted to post formal union notices, signed or countersigned by « the representative posting them. Any notice posted on such board not signed or countersigned may be re- moved by an accredited union representative of the employer. (2) A copy of this Award if supplied by the union shall be allowed to be posted on the notice board referred to in subclause (1) of this clause. 31.—Union Membership. No longer in force—see section 117 (l)(g) of Indus- trial Arbitration Act, 1979. 32.—Maternity Leave. (1) Eligibility for Maternity Leave. A worker who becomes pregnant shall, upon pro- duction to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer im- mediately preceding the date upon which she pro- ceeds upon such leave. For the purposes of this clause:— (a) A worker shall include a part time employee but shall not include a worker engaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid ma- ternity leave. (2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) of this clause, the period of maternity leave shall be for an unbroken period of from 12 to 52 weeks and shall include a period of six weeks' compulsory leave to be taken im- mediately before the presumed date of con- finement and a period of six weeks' compul- sory leave to be taken immediately following confinement. (b) A worker shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) A worker shall give not less than four weeks notice in writing to her employer of the date upon which she proposes to commence ma- ternity leave, stating the period of leave to be taken. (d) A worker shall not be in breach of this order as a consequence of failure to give the stipu- lated period of notice in accordance with paragraph (c) hereof if such failure is oc- casioned by the confinement occurring earlier than the presumed date. (3) Transfer to a Safe Job. Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the preg- nancy or hazards connected with the work assigned to the worker make it inadvisable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the worker may, or the employer may require the em- ployee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclause (7), (8), (9) and (10) hereof. (4) Variation of Period of Maternity Leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only save with the agreement of the employer, by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity Leave. (a) Maternity leave, applied for but not com- menced shall be cancelled when the preg- nancy of a worker terminates other than by the birth of a living child. 2780 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (b) Where the pregnancy of a worker then on maternity leave terminates other than by the birth of a living child, it shall be the right of the worker to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the worker to the employer that she desires to resume work. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of a worker not then on maternity leave terminates after 28 weeks other than by the birth of a living child then:— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necess- ary before her return to work, or (ii) for illness other than the normal conse- quences of confinement she shall be en- titled either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then en- titled and which a duly qualified medi- cal practitioner certifies as necessary before her return to work. (b) Where a worker not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical prac- titioner certifies as necessary before her re- turn to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) A worker returning to work after the completion of a period of leave taken pursu- ant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave, or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position* she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the worker is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly compar- able in status and salary or wage to that of her former position. (7) Maternity Leave and Other Leave En- titlements. Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks: (a) A worker may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on ma- ternity leave. (8) Effect of Maternity Leave on Employment. Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of the award. (9) Termination of Employment. (a) A worker on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the em- ployment of an employee on the ground of her pregnancy or of her absence on ma- ternity leave, but otherwise the rights of an employer in relation to termination of em- ployment are not hereby affected. (10) Return to Work After Maternity Leave. (a) A worker shall confirm her intention of re- turning to her work by notice in writing to the employer giving not less than four weeks prior to the expiration of her period of ma- ternity leave. (b) A worker, upon the expiration of the notice required by paragraph (a) of this subclause shall be entitled to the position which she held immediately before proceeding on ma- ternity leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the worker is qualified and the duties of which she is capable of performing, she shall be en- titled to a position as nearly comparable in status and salary or wage to that of her for- mer position. (11) Replacement Workers. (a) A replacement worker is a worker specifi- cally engaged as a result of a worker pro- ceeding on maternity leave. (b) Before an employer engages a replacement worker under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the worker who is being replaced. (c) Before an employer engages a person to re- place a worker temporarily promoted or transferred in order to replace a worker exercising her rights under the clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the worker who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement worker. (e) A replacement worker shall not be entitled to any of the rights conferred by this clause except where her employment continues be- yond the 12 months qualifying period. Respondent. Western Australian Egg Marketing Board. Dated at Perth this 2nd day of March, 1979. 24th November, 1982.] W TE 2781 FREMANTLE PORT AUTHORITY CLERKS (Head Office Staff). Award No. 10 of 1957. 1.—Title. THIS award shall be known as the Fremantle Port Authority Clerks' (Head Office Staff) Award, as amended and consolidated, and replaces Award No. 19 of 1948. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term. 5. Definitions. 6. Hours of Duty. 7. Overtime. 8. Meal Allowance. 9. Rates of Pay—Clerical Workers. 10. Rates of Pay—Typists, Clerk Typists and Machinists. 11. Annual Increments. 12. Variation of Salaries. 13. Qualifications Allowance. 14. Married Men's Allowance. 15. Higher Duties. 16. Public Holidays. 17. Annual Leave. 18. Long Serive Leave. 19. Sick Leave. 20. Short Leave. 21. Appointments. 22. Contract of Service. 23. Preference of Employment. 24. Preservation of Accrued Rights. 25. Times and Wages Record. 26. Temporary Workers. 27. Under-rate Workers. Schedule of Classifications 3.—Area and Scope. This award shall apply to permanent and tempor- ary workers of the Fremantle Port Authority engaged upon clerical work in positions up to and including grade 10 as contained in subclause 9(4) of this award and not provided for by any other agreement or award as at the 10th day of March, 1976. The area covered by this award shall be the whole of the premises controlled by, vested in, or for the time being occupied by the Authority. 4.—Term. The term of this award shall be for a period of three years as from the date hereof. (This award was delivered on the 18th day of April, 1957.) 5.—Definitions. "Worker" shall mean any member of the clerical staff of the Fremantle Port Uathority, male and fe- male, covered by this award, including typists, oper- ators of office machines and telephonists. "Authority" shall mean the port authority at Fremantle. "Union" shall mean the Federated Clerks' Union of Australia Industrial Union of Workers, Western Australian Branch. 6.—Hours of Duty. (1) Thirty-five hours a week shall constitute a week's work, and the ordinary hours of duty shall be seven hours daily between 8.00 a.m. and 4.30 p.m. on Mondays to Fridays inclusive with an interval of not less than one half hour nor more than an hour for lunch between the hours of 12 noon and 2.00 p.m. provided that:— (a) The authority may require any worker to work reasonable overtime at overtime rates, and such worker shall work overtime in ac- cordance with such requirement. (b) The Union or worker or workers covered by this award shall not in any way, whether di- rectly or indirectly, be part to, or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this clause. 7.—Overtime. (1) Overtime shall mean and include all time worked in excess of or outside of the ordinary hours of duty as prescribed in Clause 6.—Hours of Duty of this award. (2) All time worked between the usual finishing time and midnight on an ordinary working day shall be paid for at the rate of time and a half, provided that a worker recalled to duty after the usual fin- ishing time shall be paid a minimum of two hours at the appropriate rate. (3) All time worked between midnight and the usual starting time shall be paid for at the rate of double time, with the minimum payment as for four hours, except, where the period of duty commences at or within four hours of the usual starting time when the payment shall be from the time duty actu- ally commences until the normal starting time, pro- vided that where the work performed after midnight is worked in consecutive extension of overtime per- formed prior to midnight or after a meal interval taken at midnight, payment shall be made for actual time worked. (4) All time worked on Saturday between the ordi- nary starting time and noon shall be paid for at the rate of time and a half with a minimum payment as for two hours. (5) All time worked between noon and midnight on Saturdays shall be paid for at the rate of double time with a minimum as for two hours except where such time is worked in consecutive extension (apart from meal breaks) with work performed prior to noon, when payment shall be made for actual time worked. (6) All time worked on Sundays and public hol- idays as prescribed in Clause 16.—Public Holidays of this award shall be paid for at the rate of double time and one half with a minimum payment as for four hours. (7) All time worked on public holidays which occur on non working days shall be paid for at the rate of double time with a minimum payment as for four hours. (8) Workers whose maximum rate of pay exceeds that as prescribed from time to time for the maxi- mum of the rate paid in respect of a classified worker Grade 8 as contained in Clause 9.—Rates of Pay—Clerical Workers of this award shall not be en- titled to overtime, provided that: Where from the nature of the duties required or from other relevant circumstances it appears just and reasonable, any such worker may, with the approval of the Authority, be paid overtime in accordance with the provisions of this clause. 8.—Meal Allowance. In addition to the payment for overtime prescribed in Clause 7.—Overtime a meal allowance of two dol- lars and eighty cents shall be paid to each worker in the following circumstances:— (1) Workers who are required to commence duty at 6.30 a.m. or earlier, or continue working after their normal finishing time beyond 6.00 p.m. (2) On other than an ordinary working day: Where a worker is required for duty and works before and after the usual meal time, provided that the actual period of work ex- ceeds two hours. For the purpose of this 2782 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. subclause the usual meal times shall be deemed to be: Breakfast 6.30 a.m. to 8.00 a.m., Lunch 12 noon to 1.00 p.m., Dinner 5.00 p.m. to 6.30 p.m. 9.—Rates of Pay—Clerical Workers. (1) The rates of pay for automatic range clerks shall be as follows:— Rate per annum Age or Year of Adult Service: $ Under 17 years 4 740 17 years of age 5 539 18 years of age 6 461 19 years of age 7 439 20 years of age 8 310 21 years of age or first year of adult service 9 080 22 years of age or second year of adult service 9 394 23 Years of age or third year of adult service 9 709 24 years of age or fourth year of adult service 10 020 25 years of age or fifth year of adult service 10 332 26 years of age or sixth year of adult service 10 638 27 years of age or seventh year of adult service 10 991 Provided that a worker aged 22 years at the date of engagement shall be paid not less than the second year of adult service rate, and a worker aged 23 years or over at the date of engagement shall be paid not less than the third year of adult service rate. (2) Advancement throughout the automatic range shall, subject to the satisfactory conduct, diligence and efficiency of the worker, be automatic, but ad- vancement beyond the rate prescribed for seventh year of adult clerical service is subject to appoint- ment to a classified position as prescribed in subclause (3) of this clause and to the following pro- visions:— (a) A worker shall not be entitled to be paid a rate in excess of that prescribed for the sev- enth year of adult clerical service until he has passed a promotional examination of equivalent standard to that applicable in the State Public Service or has acquired equal or higher qualifications as approved by the Authority. (b) An adult clerical worker who is not less than 28 years of age and has been in receipt of the maximum rate prescribed by subclause (1) of this clause for not less than one year and has completed not less than three years' continuous service in a permanent capacity and is eligible for promotion in the event of a suitable vacancy occurring, but has not re- ceived promotion to a position classified above the maximum rate prescribed by subclause (1) of this clause shall be paid an allowance equivalent to the difference be- tween the maximum rate provided by subclause (1) of this clause and the mini- mum rate for a Grade 1 classified worker as prescribed in subclause (3) of this clause. This allowance shall increase each sub- sequent year in accordance with the salary range prescribed for a Grade 1/2 classified worker until a maximum allowance equival- ent to the difference between the maximum rate payable under subclause (1) of this clause and the maximum rate applicable to a Grade 2 classified worker is attained. Provided that: (i) An allowance under this subclause shall be subject to the good con- duct, efficiency and ability of the worker to perform higher duties. (ii) On promotion of a worker to a higher position any allowance re- ceived under this subclause shall be reduced by the amount which is re- quired to bring the worker's salary rate up to the minimum rate of the position to which the worker is pro- moted and thereafter, any allow- ance still received by the worker shall be reduced and converted to salary rate as and when the worker becomes eligible for annual grade increments. (iii) An allowance paid under this subclause shall cease should the worker refuse to accept promotion. (iv) A worker shall not be eligible to re- ceive an allowance under this subclause in excess of the differ- ence between the maximum of a Grade 1 classified worker and the maximum rate provided by subclause (1) unless the worker has completed not less than nine years' continuous adult service in a per- manent capacity. (3) Clerks—Classified Range: The rates of pay for Clerks appointed to classified positions shall be (rate per annum):— Inter- Minimum mediate Maximum Grade 1 11 241 — 11 605 Grade 2 11966 — 12 325 Grade 3 12 720 — 13 108 Grade 4 13 519 — 13 939 Grade 5 14 352 — 14 769 Grade 6 15 210 — 15 657 Grade 7 16 097 16 545 16 986 Grade 8 17 433 — 17 874 Grade 9 18 347 — 18 816 Grade 10 19 317 — 19 847 (4) A Grade 1 classified worker who has passed a promotional examination of equivalent standard to that applicable in the State Public Service, or has ac- quired equal or higher qualifications as approved by the Authority and who has been on the maximum of his classification for a period of 12 months and has not been promoted to a higher position shall be paid as an allowance; the difference between the minimum of a Grade 2 classified worker and the maximum of a Grade 1 classified worker. On completion of a further 12 months' service the allowance shall increase to the difference between the maximum of a Grade 2 classi- fied worker and the maximum of a Grade 1 classified worker. Provided that:— (a) An allowance under this subclause shall be subject to the good conduct, efficiency and ability of the worker to perform higher duties. (b) On promotion of a worker to a Grade 2 classification any allowance received by him under this subclause shall be reduced by the amount which is required to bring his salary rate up to the minimum rate of the Grade 2 classification to which he is promoted and thereafter any allowance still received by the worker shall be reduced and converted to salary rate as and when the worker be- comes eligible for annual grade increments. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2783 (c) An allowance received under this subclause shall cease should the worker refuse to ac- cept promotion. (d) A worker shall not be eligible to receive an allowance under this subclause unless the worker has completed not less than nine years' continuous adult service in a perma- nent capacity. (5) Gate Check Clerks—The rate of pay for gate check clerks shall be the maximum rate prescribed by subclause (1) of this clause. (6) Storeman Clerks—The rate of pay per annum for storeman clerks shall be— $ First year of adult service 8 310 Second year of adult service 9 080 Third year of adult service 9 394 Fourth year of adult service 9 709 Fifth year of adult service 10 020 Senior Storeman Clerk 10 638 Advancement throughout the foregoing range to fifth year of adult service shall, subject to satisfactory conduct, diligence and efficiency of the worker, be automatic. (7) Holding Store Clerks—The rate of pay per annum for holding store clerks shall be— $ Clerk 9 394 Clerk In Charge 10 020 nothing in this award shall entitle any worker to an advancement in salary unless and until such worker shall have served for 12 months at the lower rate. Any such advancement shall be by appropriate annual increment, and shall be subject to satisfactory conduct, diligence and efficiency of the worker. 12.—Variation of Salaries. The salary rates set out in this award shall be varied automatically to conform to any variations which may be made from time to time in the equival- ent salary rates applying to officers under the Public Service Act, 1904-1975. 13.—Qualifications Allowance. A male adult clerical worker who obtains a Dip- loma of Commerce at the University of Western Aus- tralia, or passes the final examination of a recognised Institute of Accountants or Secretaries or Cost Ac- countants, or passes in five units (including English 1) of a degree course in Arts, Science or Law at the University of Western Australia, or obtains an equal qualification approved by the Authority, shall be paid, whilst in receipt of a salary not exceeding the maximum rate prescribed by Clause 9.—Rates of Pay—Clerical Workers, subclause (3) of this award for a Grade 6 worker an allowance equivalent to the difference between the worker's rate and the next higher rate prescribed in the incremental scale. 10.—Rates of Pay—Typists, Clerk Typists and Machinists. (1) The rates of pay for automatic range typists, clerk typists and machinists shall be as follows:— Rate per annum Age or Year of Adult Service: $ Under 17 years 4 531 17 years of age 5 184 18 years of age 6 049 19 years of age 7 008 20 years of age 7 877 21 years of age or first year of adult ser- vice 8 648 22 years of age or second year of adult service 8 962 23 years of age or third year of adult ser- vice 9 276 24 years of age or fourth year of adult service 9 587 Provided that the maximum rate payable to the telephonists shall be the rate for the second year of adult service. (2) Advancement through the automatic range shall, subject to the satisfactory conduct, diligence and efficiency of the worker be automatic, but advancement beyond the rate prescribed for in the fourth year of adult service is subject to appointment to a classified position, as prescribed in subclause (3) of this clause. (3) Typists, Clerk Typists and Machinists—Classified Range: The rate of pay for typists, clerk typists and machinists appointed to classified positions shall be (rate per annum):— $ $ Grade 1 9 899 — Grade 2 10 272 10 488 Grade 3 10 913 11163 11.—Annual Increments. Advancement from the minimum to the maximum of the classified ranges shall be by annual increment in accordance with the foregoing classifications, and 14.—Married Men's Allowance. A male worker who is a married man or who is the support of those related to him, shall on the approval of the Authority be paid an allowance equivalent to the next higher grade than that to which he would otherwise have been entitled, with a maximum rate inclusive of such allowance of $8 704 per annum. The allowance shall not be treated as part of salary when determining a worker's seniority position as a mem- ber of the staff. 15.—Higher Duties. (1) A worker who is required to perform the duties of a position higher than that in which he himself is classified for a continuous period of not less than one week shall be paid the minimum salary of the range of the position being relieved for the whole of the time he so relieves. (2) A worker continuing to act in a higher position shall be entitled to receive the annual increments he would have received had he been permanently ap- pointed to such higher position for the whole time he is acting. (3) A higher salary granted under this subclause shall continue to be paid during periods of:— (a) Normal annual leave. (b) Sick leave not exceeding 3 weeks. Provided that the worker has qualified for pay- ment of the higher salary by serving the required continuous period before taking such leave, and pro- vided further that after such leave the worker re- sumes in the position in respect of which the higher salary was paid. Payment of such higher salary shall not be made for any period of long service leave or for any part of a period of annual leave which is in excess of the nor- mal or sick leave exceeding three weeks. 16.—Public Holidays. (1) All gazetted holidays and picnic day (to be ob- served on the day upon which the Waterside Workers' Picnic day falls) shall be observed as public holidays. 2784 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (2) Whenever a holiday falls on an ordinary work- ing day and a worker is not required to work on that day, he shall be paid for the day as though it were an ordinary working day. 17.—Annual Leave. (1) A period of four weeks' leave with pay, shall be granted to a worker after each period of 12 months' continuous service. (2) Should any of the holidays referred to in Clause 16.—Public Holidays hereof occur during the period a worker is on annual leave and is observed on a day which would have been an ordinary working day, a day in lieu of any such holiday shall be added to the period of annual leave. (3) Annual leave shall, at all times be taken at a time convenient to the Authority. (4) If after one month's continuous service in any qualifying 12 monthly period a worker leaves the Authority, or his employment is terminated by the Authority through no fault of the worker the worker shall be paid one third of a week's pay at this ordi- nary rate in respect of each complete month of con- tinuous service. (5) The Authority may, upon special application, permit any worker to accumulate his annual leave for three years, but no longer. (6) A worker shall be paid for any period of annual leave prescribed by this clause at the ordinary rate of pay of the worker plus a loading of 17 'A per cent on all annual leave accruing from 1st January, 1973, 22'A per cent on all annual leave accruing from 1st January, 1974, and 25 per cent on all annual leave ac- cruing from 6th May, 1974, provided that the maxi- mum amount of loading payable shall not exceed the amount set out in the Commonwealth Bureau of Census and Statistics publication for "average weekly earnings per male employed unit" in Western Australia for the September quarter immediately preceding the date on which the leave commences. 18.—Long Service Leave. (1) A worker who has completed seven years' con- tinuous service in a permanent capacity or 10 years' continuous service in a temporary capacity or SVz years' continuous service, of which not less than 18 months shall have been served in a temporary ca- pacity, and the balance in a permanent capacity, shall be granted three calendar months' long service leave on full pay or six calendar months on half pay. (2) For each subsequent period of seven years' con- tinuous service an officer shall be granted an ad- ditional three calendar months' long service leave on full pay or six calendar months' on half pay. (3) A worker who resigns or who is retired for any reason other than misconduct or unsatisfactory ser- vice, and who has served continuously in a perma- nent capacity for at least 12 months next prior thereto, shall be paid for long service leave pro rata to the date of resignation or retirement. (4) Continuous service shall not include the period during which a worker is on long service leave, or any period exceeding two weeks during which a worker is absent on leave without pay. (5) Any public holiday occurring during the period in which a worker is on long service leave will be treated as part of the long service leave and extra days in lieu thereof shall not be granted. (6) Long service leave shall be taken as it falls due at the convenience of the Authority, but the Auth- ority may approve the accumulation of long service leave not exceeding six months in all in any particu- lar case. 19.—Sick Leave. (1) All workers shall be entitled to sick leave with pay as though within the appropriate provisions of the Regulations of the Authority. (2) After 10 years' service the employer shall pay to a worker on retirement, due to age or ill health, or in the case of his death to his dependants or his estate 100 per cent of his accumulated sick leave en- titlement (3) For the purpose of subclause (2) hereof the ac- cumulated sick leave entitlement shall be calculated on each completed month of service as from and in- cluding the 1st July, 1967, on the following basis:— (a) From 1st July, 1967 to 30th June, 1972, sick leave shall be deemed to accrue at the rate of five days a year. (b) From 1st July 1972, sick leave shall be deemed to accrue at the rate of 10 days a year. (c) The accumulated sick leave entitlement cal- culated in accordance with paragraphs (a) and (b) hereof shall be reduced by deducting all sick leave taken since the 1st day of July, 1967. 20.—Short Leave. On sufficient cause being shown, a worker may be granted leave of absence with pay for a period not ex- ceeding three days (nor more than two days of which may be consecutive) in any one year. Such leave may, at the discretion of the Authority, be deducted from the workers next annual leave. 2.—Appointments. Should a vacancy occur in any of the classified pos- itions set out in the schedule attached to this award, such vacancy shall be advertised by notice on the office notice board and in such other manner as the Authority may deem fitting, and appointment to such vacancy shall, where practicable, be made from officers already in the service of the Authority. Any officer may have the right of appeal to the Authority against any such appointment. 22.—Contract of Service. (1) The contract of service shall unless the worker and employer otherwise agree be terminated by the giving of one month's notice by either party or by the payment or forfeiture of one month's pay in lieu of notice. Nothing herein contained shall affect the em- ployers right to terminate the contract of service without notice in the event of the worker's miscon- duct and the worker shall be paid up to the date of dismissal only. (2) Temporary workers may be engaged at such daily or weekly rate as may be appropriate to the par- ticular class of work, and shall be subject to one day's or one week's notice as the case may be, provided that any such worker engaged on a daily basis but whose period of engagement has exceeded one week shall be subject to one week's notice, and provided further that the minimum wage payable to a tempor- ary worker shall not be less than the rate prescribed for similar work under this award. 23.—Preference of Employement. No longer in force—see section 117 (1) (g) of In- dustrial Arbitration Act, 1979. 24.—Preservation of Accrued Rights. Nothing herein contained shall effect the rights or privileges accrued to any worker prior to this award. 25.—Times and Wages Record. Records shall be kept by the Authority showing the name of each worker under this award, the nature of the work performed, the hours worked each day, and the amount of wages received each pay. The said re- cords shall be open to the inspection of an accredited representative of the union during working hours. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2785 26.—Temporary Workers. A person employed in a temporary capacity in ac- cordance with the provisions of Clause 22.—Contract of Service subclause (2) of this award shall not be en- titled to the provisions of Clause 9.—Rates of Pay—Clerical Workers, subclause (3), Clause 10.—Rates of Pay—Typists, Clerk Typists and Machinists, subclause (3), Clause 13.—Qualifications Allowance, Clause 14.—Married Men's Allowance and Clause 20.—Short Leave. 27.—Under-Rate Workers. Any worker who by reason of old age or infirmity is unable to earn the minimum wage, may be paid such lesser wage as may from time to time be agreed upon between the Authority and the Union. Schedule of Classifications. Grade 9/10: Assistant to Wharf Manager Grade 8/10: Public Relations Officer Grade 8/9: Legal Officer Financial Accountant Assistant Secretary Assistant to Divisional Manager— Administration A.D.P. Supervisor Grade 7/8: Assistant to Divisional Manager—Operations Executive Assistant Wharf Officer Industrial Officer Chief Revenue Clerk Statistical Officer Chief Wharf Clerk Grade 7: Wharf Operations Officer Grade 6: O.I.C. Inwards O.I.C. Outwards Chief Accounts Clerk O.I.C. Wharf Officer Cost Accountant Methods Study Officer Grade 5/6: A.D.P. Programmer Grade 5: Chief Allocator Staff Records Clerk Statistical Clerk Cargo Movements Officer Grade 4/5: Controller of Stores and Purchasing Grade 4: Inwards Counter Clerk Cashier Senior Accounts Clerk Senior Wages Clerk Manifest Records Clerk Grade 3: Inwards Assistant Outwards Assistant Industrial Research Officer Accounts Assistant Wages Assistant Staff Records Assistant Property and Office Services Officer Clerk in Charge N.W. Office Counter Clerk—Wharf Office Grade 2/3: Assistant Programmer Assistant to the Public Relations Officer Grade 2: Inwards Counter Assistant Accounts Assistant "G" Invoice Clerk Statistical Assistant Ledger's Assistant Assistant Allocators (Two positions) Claims Clerk Grade 1/2: Assistant Storekeeper Grade 1: Inwards Assistant Outwards Assistant "0" Invoice Clerk V.Q. "O" Invoice Clerk N.W. Accounts Assistant Wages Assistant Wharf Labour Check Clerk Wharf Labour Timekeeper Staff Records Assistant Respondent. Fremantle Harbour Trust Commission. Dated at Perth this 18th day of April, 1957. ROCK LOBSTER AND PRAWN PROCESSING. Award No. 24 of 1977. THIS award shall be known at the Rock Lobster and Prawn Processing Award 1978 and replaces award No. 8 of 1970 as amended. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Wages. 8. Hours. 9. Overtime. 10. Additional Rates for Ordinary Hours. 11. Contract of Service. 12. Mixed Functions. 13. Holidays. 14. Annual Leave. 15. Sick Leave. 16. Payment of Wages. 17. Time and Wages Records. 18. Under-Rate Workers. 19. Limitation of Female Work. 20. Inspection by Union. 21. Board of Reference. 22. General Conditions. 23. Cold Chambers. 24. Posting of Awards and Union Notices. 2786 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. 25. Long Service Leave. 26. Casual Provisions. 27. District Allowance. 28. Maximum Rate. 29. Incentive Scheme. 30. Meal Interval. 31. Travelling Facilities. 32. Preference to Unionists. 33. Junior Workers Certificate. 34. Compassionate Leave. 35. Liberty to Apply. 36. Maternity Leave. Schedule of Respondents. 3.—Scope. This award shall apply to all workers engaged in the classifications in Clause 7.—Wages hereof em- ployed by the respondents in the processing of crustacean and molluscs in shore establishments. 4.—Area. This award shall apply throughout the State of Western Australia. 5.—Term. The term of this award shall be for a period of two years from the first pay period on or after the 2nd day of May, 1978. 6.—Definitions. (1) "Leading Hand" shall mean a worker who is ap- pointed as such by the employer and who in addition to his ordinary duties is required by the employer to supervise the work of other workers. (2) "Grader" shall mean a worker appointed as such by the employer who is responsible for the cor- rect grading of product. (3) "Process Worker" shall mean any worker en- gaged in duties other than grading. (4) "Casual Worker" shall mean any worker en- gaged for the Rock Lobster and/or Prawn processing season. 7.—Wages. The following shall be the minimum weekly rate of wage payable to workers covered by this award. (1) Adult Workers— $ (a) Grader 210.70 Process Worker 203.90 (2) Junior Workers (Graders) (per cent of Grader rate per week) % Under 16 years of age 50 16 to 17 years of age 60 17 to 18 years of age 70 18 to 19 years of age 80 19 to 20 years of age 90 20 years and over Adult (3) Junior Workers (Process Workers) (per cent of Process Worker rate per week) % Under 16 years of age 50 16 to 17 years of age 60 17 to 18 years of age 70 18 to 19 years of age 80 19 to 20 years of age 90 20 years and over Adult (4) Leading Hands (per week extra) In charge of— $ (a) Less than three other workers. 6.70 (b) Not less than three and not more than ten other workers... 12.30 (c) More than 10 but not more than 20 other workers 19.60 (d) More than 20 other workers .... 26.10 (5) Casual Workers shall receive 20 per cent in addition to the ordinary rates prescribed in this clause for the work performed. 8.—Hours. The ordinary working hours for weekly workers shall be 40 per week not exceeding eight per day to be worked Monday to Friday, inclusive. 9.—Overtime. (1) All work done beyond the ordinary working hours on any day Monday to Friday, inclusive, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter. (2)(a) All work performed after 12 noon Saturday or on Sunday shall be paid for at the rate of double time. (b) Work performed on any day prescribed as a holiday by this award shall be paid at the rate of double time and a half. (3) (a) A worker required to work overtime for more than two hours, without being notified on the pre- vious day or earlier that he will be so required to work, shall be supplied with a meal by the employer or paid $3.50 for a meal. (b) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he has notified the workers concerned on the previous day or earlier that such second or subsequent meal will also be required, pro- vide such meals or pay an amount of $2.75 for each second or subsequent meal. (c) No such payments need be made to workers liv- ing in the same locality as their factory who can reasonably return home for such meals. (d) If a worker in consequence of receiving such no- tice has provided himself with a meal or meals, and is not required to work overtime or is required to work less overtime than notified, he shall be paid the amounts above prescribed in respect of the meal or meals not then required. (4) Rest Period— (a) When overtime work is necessary it shall, wherever reasonably practicable, be so ar- ranged that workers have at least eight con- secutive hours off duty between the work of successive days. (b) A worker (other than a casual worker) who works so much overtime between the ter- mination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least eight consecutive hours off duty between these times shall, subject to this subclause be re- leased after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary work- ing time occurring during such absence. (c) If, on the instructions of his employer, such a worker resumes or continues work without having had such eight consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (5) When a worker is recalled to work after leaving the job:— (a) He shall be paid for at least three hours at overtime rates. (b) Time reasonably spent in getting to and from work shall be counted as time worked. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2787 (6) Notwithstanding anything contained in this award:— (a) An employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in ac- cordance with such requirement. (b) No organisation, party to this award, or worker or workers covered by this award shall in any way, whether directly or in- directly, be a party to or concerned in any ban, limitation or restriction upon the work- ing of overtime in accordance with the re- quirements of this subclause. 10.—Additional Rates for Ordinary Hours. (1) All ordinary hours worked before 8.00 a.m. or after 8.00 p.m. shall be paid for at the rate of 57 cents per hour in addition to the ordinary rates prescribed in this award. (2) The provisions of this clause shall not apply to casual workers. 11.—Contract of Service. (1) Except in the case of a casual worker, the con- tract of hiring of every worker shall be a weekly con- tract terminable by one week's notice on either side, given on any working day or in the event of such no- tice not being given by the payment of one week's pay by the employer or the forfeiture of one week's pay by the worker. (2) The contract of service for a casual worker shall be by the hour terminable at any moment by one hour's notice on either side or in the event of such no- tice not being given by the payment of one hour's pay by the employer or the forfeiture of one hour's pay by the worker. (3) The employer shall be under no obligation to pay for any day not worked upon which the worker is required to present himself for duty, except when such absence from work is due to illness and comes within the provisions of Clause 15.—Sick Leave, or such absence is on account of holidays to which the worker is entitled under the provisions of this award. (4) The employer shall be entitled to deduct pay- ment for any day or portion of a day upon which the worker cannot be usefully employed because of any strike by the union or unions affiliated with it, or by any other association or union, or through the break- down of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent. (5) Where the provisions of subclause (4) of this clause apply, and where a worker is on weekly hire, after having been stood down, is required to report for work and so reports but is not required to start work, he shall be paid for a minimum of three hours at the appropriate rate. 12.—Mixed Functions. (1) A worker engaged for more than half of one day or shift on duties carrying a higher rate than his ordi- nary classification shall be paid the higher rate for such day or shift. If employed for less than half of one day or shift he shall be paid the higher rate for the time so worked. (2) A worker's regular rate of wage shall not be reduced whilst he is temporarily employed on work classified with a lower minimum rate. 13.—Holidays. (1) (a) The following days, or the days observed in lieu shall, subject as hereinafter provided, be allowed as holidays without deduction of pay, namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties, in lieu of any of the days named in the subclause. (b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday, the hol- iday shall be observed on the next succeeding Monday, and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. (2) On any public holiday not prescribed as a hol- iday under this award the employer's establishment or place of business may be closed in which case a worker need not present himself for duty and pay- ment may be deducted but if work be done ordinary rates of pay shall apply. (3) The provisions of this clause shall not apply to casual workers. 14.—Annual Leave. (1) Except as hereinafter provided, a period of four consecutive weeks' leave with payment as prescribed in subclause (2) hereof shall be allowed annually to a worker by his employer after a period of 12 months' continuous service with that employer. (2) (a) (i) A worker before going on leave shall be paid the wages he would have re- ceived in respect of the ordinary time he would have worked had he not been on leave during the relevant period. (ii) Subject to paragraph (b) hereof a worker shall, where applicable have the amount of wages to be received for annual leave calculated by includ- ing the following where applicable:— (aa) The rate applicable to him as prescribed in Clause 7.—Wages. (bb) Any other rate to which the worker is entitled in accord- ance with his contract of em- ployment for ordinary hours of work. (b) During a period of annual leave a worker shall receive a loading of 11V2 per cent calculated on the rate of wage prescribed by paragraph (a) (ii) (aa) of this subclause. This loading shall not apply to proportionate leave payable on termin- ation. (3) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordi- nary working day, there shall be added to the period one day being an ordinary working day for each such holiday observed as aforesaid. (4) (a) If any qualifying 12 monthly period a worker leaves his employment or his employment is terminated by the employer through no fault of the worker, the worker shall be paid 3.08 hours pay for each completed week of service in that qualifying period. (b) In addition any payment to which he may be entitled under paragraph (a) hereof, a worker whose employment terminates after he has completed a 12 monthly qualifying period and who has not been al- lowed the leave prescribed under this award in re- spect of that qualifying period shall be given pay- ment in lieu of that leave or, in a case to which subclause (7) of this clause applies, in lieu of so much of that leave as has been allowed unless— (i) he has been justifiably dismissed for miscon- duct; and 2788 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (ii) the misconduct for which he has been dis- missed occurred prior to the completion of that qualifying period. (5) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this award shall not count for the purpose of determining his right to annual leave. (6) In special circumstances and by mutual consent of the employer, the worker and the Union con- cerned, annual leave may be taken in not more than two periods, but no such period shall be less than one week. (7) A worker shall be given reasonable notice that he is to take his annual leave. (8) The provisions of this clause shall not apply to casual workers. 15.—Sick Leave. (1) (a) A worker who is unable to attend or remain at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accord with the following provisions: (b) Entitlement to payment shall accrue at the rate of one sixth of a week for each completed month of service with the employer. (c) If in the first or successive years of service with the employer a worker is absent on the ground of per- sonal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be ad- justed at the end of that year of service, or at the time the worker's services terminate. If before the end of that year of service, to the extent that the worker has become entitled to further paid sick leave during that year of service. (2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the worker if the absence by reason of personal ill health or injury exceeds the period for which en- titlement has accrued during the year at the time of the absence. Provided that a worker shall not be en- titled to claim payment for any period exceeding 10 weeks in any one year of service. (3) To be entitled to payment in accordance with this clause the worker shall as soon as reasonably practicable advise the employer of his inability to at- tend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circum- stances shall be given to the employer within 24 hours of the commencement of the absence. (4) The provisions of this clause do not apply to a worker who fails to produce a certificate from a medi- cal practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may require provided that the worker shall not be required to produce a certificate from a medical practitioner with respect to absence of two days or less unless after two such absences in any year of service the employer requests that the next and subsequent absences in that year if any, shall be accompanied by such certificate. (5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to a worker who suffers personal ill health or injury during the time when he is absent on annual leave and a worker may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the worker was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medical prac- titioner that he was so confined. Provided that the provisions of this paragraph do not relieve the worker of the obligation to advise the employer in accord- ance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the worker was entitled at the time he pro- ceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a) and (b) of this subclause that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the worker or, failing agreement, shall be added to the worker's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 14.—Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 14.—Annual Leave shall be deemed to have been paid with respect to the re- placed annual leave. (6) Where a business has been transmitted from one employer to another and the worker's service has been deemed continuous in accordance with subclause (3) of Clause (2) of the Long Service Leave provisions published in volume 60 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the worker at the date of transmission from service with the transmitter shall stand to the credit of the worker at the commencement of service with the transmittee and may be claimed in accordance with the pro- visions of this clause. (7) The provisions of this clause with respect to payment do not apply to workers who are entitled to payment under the Workers' Compensation Act nor to workers whose injury or illness is the result of the worker's own misconduct. (8) The provisions of this clause do not apply to casual workers. 16.—Payment of Wages. (1) Wages shall be paid at least weekly. (2) Not more than two days' wages shall be kept in hand by the employer. In respect of those workers who are employed in that area of the State north of latitude 260S an em- ployer may keep not more than three days' pay in hand. (3) When a worker's services are terminated he shall be paid all wages due before leaving the em- ployer's premises or alternatively (except in the case of casual workers) a cheque for the amount due may be forwarded to the worker's last known address within 48 hours of such termination. 17.—Time and Wages Record. (1) The employer shall keep or cause to be kept a record or records containing the following particu- lars:— (a) Full name and address of each worker. (b) Nature of his work. (c) The starting and finishing times and the hours worked each day and each week. (d) The wages and overtime (if any) paid each week. (e) The age of each junior worker. Any system of automatic recording by machine shall be deemed to comply with the provisions to the extent of the information recorded. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2789 (2) The time and wages record shall be open for in- spection by a duly accredited official of the union during the usual office hours at the employer's office, or other convenient place, and the representative may be allowed to take extracts therefrom. 18.—Under-Rate Workers. (1) Any worker who by reason of old age or infirm- ity is unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed upon in writing between the Union and the employer. (2) In the event of no agreement being arrived at, the matter may be referred to the Board of Reference for determination. (3) After application has been made to the Board and pending the Board's decision, the worker shall be entitled to work for and be employed at the proposed lesser rate. 19.—Limitation of Female Work. No female worker under the age of 18 years shall be required to lift or carry weights in excess of 25 lb. and no female worker over 18 years of age shall be re- quired to lift or carry weights in excess of 35 lb. 20.—Inspection by Union. (1) An accredited representative of the Union shall be permitted to interview the workers on the business premises of the employer during non-work- ing times or meal breaks. (2) In the case of a dispute between the Union and an employer which is likely to lead to a cessation of work or to an application to the Commission and which involves the inspection of workers, or machines in the process or production on which such workers are engaged, such Union representative shall have the right of inspection at any time during which the workers or machines concerned are working but this permission shall not be exercised without the consent of the employer more than once in any one week. (3) Provided that the duly accredited representa- tive shall notify the employer beforehand of his intention to exercise his rights under this clause. 21.—Board of Reference. (1) The Commission hereby appoints for the pur- poses of this award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to section 48 of the Industrial Arbitration Act, 1979. (2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or dealing with any matter of difference between the parties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference. 22.—General Conditions. (1) Where and when practicable, suitable seating accommodation shall be provided for female workers unless it is physically impossible to carry out the work required in a sitting position. (2) Where the conditions of work are such that workers are unable to avoid their clothing becoming excessively wet or dirty, they shall be supplied with suitable protective clothing or material. Such protec- tive clothing or material shall remain the property of the employer and shall be returned when required in good order and condition, fair wear and tear ex- cepted. (3) Where the conditions of work are such that workers are unable to avoid their feet becoming ex- cessively wet, the employer shall, on request, supply free of charge, rubber boots, or alternatively the em- ployer may pay the allowance of 40 cents per week. Boots supplied by the employer shall remain the property of the employer and shall be returned when required, in good order and condition, fair wear and tear excepted. Provided that an employer shall not be obliged to supply rubber boots to casual workers but shall pay the allowance referred to above, to any cas- ual worker who regularly wears his own boots and needs to do so to avoid his feet becoming excessively wet. (4) Where the conditions of the work being per- formed require the use of gloves they shall be sup- plied by the employer, free of cost. (5) Adequate first aid equipment shall be provided in each establishment. (6) Any dispute arising out of the clause may be referred to a Board of Reference. 23.—Cold Chambers. (1) A worker required to work in a freezer chamber shall be supplied by the employer upon request with a freezer suit with hood attached, freezer gloves and suitable freezer boots free of cost. Such equipment shall remain the property of the employer. (2) Each freezer chamber shall have an effective safety catch or alarm system fitted. (3) A worker shall receive 30 cents for every hour of which he spends 20 minutes or more in a cold chamber in which the temperature is less than 0° Celsius in addition to his ordinary rate. 24.—Posting of Awards and Union Notices. (1) An employer shall provide a notice board of reasonable dimension to be erected in a prominent position in his establishment upon which an ac- credited union representative shall be permitted to post formal union notices, signed or countersigned by the representative posting them. Any notice posted on such board not signed or countersigned may be re- moved by an accredited union representative or the employer. (2) A copy of this award if supplied by the union shall be allowed to be posted on the notice board referred to in subclause (1) of this clause. 25.—Long Service Leave. The long service leave provisions in Volume 58 of the Western Australian Industrial Gazette at pages 1 to 6 inclusive are hereby incorporated in and shall be deemed to be part of this award. 26.—Casual Provisions Notwithstanding the provisions of Clause 8.—Hours, 9.—Overtime and 28.—Maximum Rate, of this award, casual workers may be employed on the seasonal processing of rock lobster, prawns or mol- luscs subject to the following conditions:— (1) The ordinary working hours may be worked on any day of the week. (2) For all ordinary work performed on days other than Saturday or Sunday or on hol- idays referred to in Clause 13.—Holidays between 8.00 p.m. on one day and 8.00 a.m. the following day 57 cents per hour shall be paid in addition to the ordinary wage as a casual loading of 20 per cent of the ordinary wage. (3) For all ordinary work performed on Saturday—25 per cent, on Sunday—50 per cent, and on holidays referred to in Clause 13.—Holidays—100 per cent shall be paid in addition to the ordinary wage as well as the casual loading of 20 per cent of the ordinary rate. (4) Work performed in excess of 40 hours in any week shall be paid for at the rate of time and a half for the first eight hours and double time thereafter together with the casual loading of 20 per cent. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE, [24thNovember, 1982. 27.—Location Allowances. (1) Subject to the provisions of this clause, in ad- dition to the wages prescribed in Clause 7.—Wages of this Award, a married employee shall be paid the fol- lowing allowances when employed in the towns de- scribed hereunder. Town $ Agnew 17.30 Balladonia 14.90 Boulder 6.50 Broome 26.50 Bullfinch 8.40 Carnarvon 13.40 Cockatoo Island 29.40 Coolgardie 6.50 Cue 17.00 Dampier 22.70 Denham 13.40 Derby 27.70 Esperance 5.90 Eucla 18.80 Exmouth 22.70 Fitzroy Crossing 32.80 Goldsworthy 17.80 Halls Creek 36.00 Kalbarri 5.00 Kalgoorlie 6.50 Kambalda 6.50 Karratha 26.00 Koolan Island 29.40 Koolyanobbing 8.40 Kununurra 41.40 Laverton 16.80 Learmonth 22.70 Leinster 17.30 Leonora 16.80 Madura 16.90 Marble Bar 37.80 Meekatharra 14.60 Mount Magnet 17.60 Mundrabilla 17.90 Newman 16.20 Norseman 13.00 Nullagine 37.50 Onslow 27.00 Pannawonica 21.50 Paraburdoo 21.20 Port Hedland 22.40 Ravensthorpe 9.40 Roebourne 29.60 Sandstone 17.30 Shark Bay 13.40 Shay Gap 17.80 Southern Cross 8.40 Teutonic Bore 17.30 Tom Price 21.20 Whim Creek 25.90 Wickham 25.80 Wiluna 17.80 Wittenoom 33.60 Wyndham 40.00 (2) Except as provided in subclause (4) of this clause, a single employee shall be paid 50 per cent of the allowances prescribed in subclause (1) of this clause. (3) An employee, whose spouse is employed by the same employer and who is entitled to an allowance of a similar kind to that prescribed by this clause shall be paid 50 per cent of the allowance prescribed in subclause (1) of this clause. (4) Where an employee is provided with board and lodging by his employer, free of charge, such em- ployee shall be paid 33 1/3 per cent of the allowances prescribed in subclause (1) of this clause. (5) Junior workers, casual workers, part-time workers, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allow- ance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed. (6) Where an employee is on annual leave or re- ceives payment in lieu of annual leave he shall be paid for the period of such leave the district allow- ance to which he would ordinarily be entitled. (7) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he shall only be paid district allowance for the period of such leave he remains in the district in which he is employed. (8) For the purpose of this clause a married em- ployee includes: (a) A person who has a de facto spouse; and (b) A person who is a sole parent with depend- ant children. (9) Where an employee is employed in a town or lo- cation not specified in this clause the allowance pay- able for the purpose of subclause (1) shall be such amount as may be agreed between Australian Mines and Metals Association, the Confederation of West- ern Australian Industry and the Trades and Labour Council of Western Australia or, failing such agree- ment, as may be determined by the Commission: Provided that, pending any such agreement or deter- mination, the allowance payable for that purpose shall be an amount equivalent to the district allow- ance in force under this award for that town or lo- cation on 1st June, 1980. (10) Nothing herein contained shall have the effect of reducing any "district allowance" currently pay- able to any employee subject to the provision of this award whilst that employee remains employed by his present employer. (11) Subject to the making of a General Order pur- suant to section 50 of the Act, that part of each lo- cation allowance representing prices shall be varied from the beginning of the first pay period commenc- ing on or after the 1st day in July of each year in ac- cordance with the annual percentage change in the Consumer Price Index (excluding housing) for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest 10 cents. 28.—Maximum Rate. Except as provided in Clause 26.—Casual Pro- visions of this award the maximum rate payable under this award shall be double time and double time and a half for holidays prescribed in this award. 29.—Incentive Schemes. (1) The particulars of the basis of any incentive scheme shall be supplied upon request to the Sec- retary of the union. (2) Adjustments or variations of the basis of any incentive schemes shall be subject to mutual agree- ment between the employer and the workers con- cerned. (3) In the event of any disagreement between the employer and the workers concerned, the matter may be referred to the Board of Reference by the em- ployer or the union. 30.—Meal Interval. (1) Not less than 30 minutes nor more than one hour shall be allowed for a meal each day. (2) No worker shall be compelled to work five and a half hours without a break for a meal. (3) When a worker is required for duty during any meal time whereby his meal time is postponed for more than one hour he shall be paid at overtime rates until he gets his meal. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2791 31.—Travelling Facilities. Where a worker is detained at work until it is too late to travel by the last ordinary bus, train or other regular public conveyance to his or her usual place of residence, the employer shall provide proper convey- ance to the worker's usual place of residence free of charge. 32.—Preference to Unionists. No longer in force—see section 117(l)(g) of indus- trial Arbitration Act, 1979. 33.—Junior Workers' Certificate. (1) Junior Workers upon being engaged shall, if re- quired, furnish the employer with a certificate con- taining the following particulars:— (a) Name in full. (b) Age and date of birth. (2) No worker shall have any claim upon an em- ployer for additional pay in the event of the age of the worker being wrongly stated on the certificate. If any junior worker shall wilfully mistate his age in the certificate he alone shall be guilty of a breach of this award, and in the event of a worker having received a higher rate than that to which he was entitled he shall make restitution to the employer. The certificate shall be available for inspection by an accredited representative of the union in the man- ner which the Time and Wages Record is open for in- spection. 34.—Compassionate Leave. (1) A worker shall, on the death within Australia of a wife, husband, father, mother, brother, sister, child or stepchild, be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the worker in two ordinary working days. Proof of such death shall be furnished by the worker to the satisfaction of his employer. (2) Payment in respect of compassionate leave is to be made only where the worker otherwise would have been on duty and shall not be granted in any case where the worker concerned would have been off duty in accordance with his roster, or on long service leave, annual leave, sick leave, workers compen- sation, leave without pay or on a public holiday. 35.—Liberty to Apply. Liberty to apply is granted to the union in respect to Clause 7.—Wages, equal pay for female workers and to Clause 27.—Location Allowance. 36.—Maternity Leave. (1) Eligibility for Maternity Leave. A worker who becomes pregnant shall, upon pro- duction to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer im- mediately preceding the date upon which she pro- ceeds upon such leave. For the purposes of this clause: (a) A worker shall include a part-time worker but shall not include a worker engaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid ma- ternity leave (2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an un- broken period of from 12 to 52 weeks and shall include a period of six weeks' compul- sory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) A worker shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) A worker shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence ma- ternity leave, stating the period of leave to be taken. (d) A worker shall not be in breach of this order as a consequence of failure to give the stipu- lated period of notice in accordance with paragraph (c) hereof if such failure is oc- casioned by the confinement occurring earlier than the presumed date. (3) Transfer to a Safe Job. Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the preg- nancy or hazards connected with the work assigned to the worker make it inadvisable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the worker may, or the employer may require the worker to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of Period of Maternity Leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity Leave. (a) Maternity leave, applied for but not com- menced, shall be cancelled when the preg- nancy of a worker terminates other than by the birth of a living child. (b) Where the pregnancy of a worker then on maternity leave terminates other than by the birth of a living child, it shall be the right of the worker to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the worker to the employer that she desires to resume work. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of a worker not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work; or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly quali- fied medical practitioner certifies as necessary before her return to work. 22201—7 2792 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (b) Where a worker not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical prac- titioner certifies as necessary before her re- turn to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) A worker returning to work after the completion of a period of leave taken pursu- ant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the worker is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly compar- able in status and salary or wage to that of her former position. (7) Maternity Leave and Other Leave En- titlements. Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks. (a) A worker may, in lieu of or in conjunction with maternity leave take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to a worker during her absence on maternity leave. (8) Effect of Maternity Leave on Employment. Notwithstanding any award, or other provision to the contrary, absence on maternity leave shall not break the continuity of service of a worker but shall not be taken into account in calculating the period of service for any purpose of the award. (9) Termination of Employment. (a) A worker on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the em- ployment of a worker on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an em- ployer in relation to termination of employ- ment are not hereby affected. (10) Return to Work After Maternity Leave. (a) A worker shall confirm her intention of re- turning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of ma- ternity leave. (b) A worker, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held im- mediately before proceeding on maternity leave, or in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the worker is qualified and the duties of which she is capable of performing, she shall be en- titled to a position as nearly comparable in status and salary or wage to that of her for- mer position. (11) Replacement Workers. (a) A replacement worker is a worker specifi- cally engaged as a result of a worker pro- ceeding on maternity leave. (b) Before an employer engages a replacement worker under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the worker who is being replaced. (c) Before an employer engages a person to re- place a worker temporarily promoted or transferred in order to replace a worker exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the worker who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement worker. (e) A replacement worker shall not be entitled to any of the rights conferred by this clause except where her employment continues be- yond the 12 months qualifying period. Schedule of Respondents. Markwell Ross Fisheries, Pty. Ltd., 7 Cleaver Street, West Perth 6055. Cray Boats Co-Op Pty. Ltd., 8 Ahoy Road, Coogee. M. G. Kailis Pty. Ltd., Back Beach Road, Dongara. Nor West Whaling Company, 152 High Street, Fremantle. Geraldton Fishermen's Co-Op., Ocean Street, Geraldton. Golden Gleam Fish Processing Co. Pty. Ltd., Augustus Street, Geraldton. James Bowes Pty. Ltd., Marine Terrace, Geraldton. Oyster Beds Pty. Ltd., 14 Mouat Street, Fremantle. Dated at Perth this 4th day of May, 1978. AWARDS—Variation of— ASBESTOS—CEMENT WORKERS. Award No. 23 of 1960. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 912 of 1982. Between the Australian Workers' Union, West Aus- tralian Branch Industrial Union of Workers, Ap- plicant, and James Hardie & Co. Pty. Ltd., Re- spondent. Order. HAVING heard Mr N. Cinquina on behalf of the ap- plicant and Mr A. J. Durack on behalf of the respon- dent, and by consent the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979 hereby orders— That the Asbestos Cement Workers Award No. 23 of 1960 be varied in accordance with the following schedule and that such variation shall have effect with respect to Column "A" as from the beginning of the first pay period commenc- ing on or after the 1st day of September, 1982 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2793 and with respect to Column "B" from the begin- ning of the first pay period commencing on or after the 1st day of February 1983. Dated at Perth this 22nd day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. Schedule. 1. Clause 7.—Overtime: Delete subclause (3)(a)(i) the words "three dollars" and "two dollars and ten cents" and insert in lieu the words "three dollars and sixty five cents" and "two dollars and fifty five cents" respectively. 2. Clause 8.—Wages: Delete this clause and insert in lieu:— 8.—Wages. The following shall be the minimum rate of wage payable to employees under this award. Rate per week "A" "B" $ $ 1. (a) Group 1 251.70 259.40 Group 2 247.30 255.00 Group 3 242.90 250.60 Group 4 239.60 247.30 Group 5 237.10 244.80 Group 6 235.20 242.90 (b) A Fork Lift Driver required to op- erate a vehicle with a lifting ca- pacity in excess of 4 500 kg shall in addition to the rate prescribed in Group 1 be paid an allowance of $3.00 per week. 2. For the purpose of subclause (1) of this clause, each group shall be comprised of the following classifications:— Group 1. Examiner Fork Lift Driver Front End Loader Driver Low Lift Loader Driver Pipe and Sheet Machine Driver Tool Sharpener Group 2. Control Hand Pipe and Sheet Machine Laboratory Assistant Silica Grinding Plant Attendant Group 3. Cement Bulk Handler Extractor Hand Mixing Plant Operator No. 4 Machine Moulder Welded Joints Pipe Lathe Operator Sawyer Dockerman Storeman Group 4. Asbestos Treatment Plant Operator Coupling Borer Operator Flat Sheet Guillotine Operator Mixing Plant Operator Multiple Socket Parter Operator Pipe Dipping Operator Pipe Slotter Pipe Tester Sheet Stacking Operator Group 5. Corrugated Stack Breaker Operator Cratemaker and Crater of Finished Goods Docking Saw Operator Moulder (Other) Group 6. General Hand 3. Junior Male Employees (Percentage of weekly wage for Group 6) Under 16 years of age 35 82.32 85.01 16years of age.. 45 105.84 109.30 17 years of age. 55 129.36 133.59 18 years of age. 65 152.88 157.88 19 years of age . 78.5 184.63 190.67 20 years of age. 93 218.73 225.89 4. A "Casual Employee" being a person who is engaged or employed for a period of less than one week (Inclusive of hours of overtime worked) shall be paid for the time so engaged at the rate of 20 per cent in addition to the rates prescribed herein. 5. Leading Hands: In addition to the ap- propriate rate prescribed in subclause (1) of this clause, a leading hand shall be paid:— (a) if placed in charge of not $ less than three and not more than 10 other workers 12.10 (b) If placed in charge of more than 10 and not more than 20 other workers 18.40 (c) If placed in charge of more than 20 other workers 23.80 3. Clause 9.—Shift Employee: Delete subclause (1) and insert in lieu:— 1. A Shift employee shall, in addition to his or- dinary rate, be paid per shift of eight hours at the rate of $7.30 when on afternoon or night shift. For the purpose of this subclause the ordi- nary mean rate shall be 15 per cent of the average of the maximum and minimum adult wage rate. 2. Provided that as from the 1st February, 1983 the rate mentioned in subclause (1) of this clause shall be $7.53 per shift of eight hours. 4. Clause 23.—Bereavement: After the word "mother" in subclause (1) insert the word "parent-in- law". BUILDING TRADES (S.E.C.). Award No. 1 of 1959. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 745A of 1982. Between Building Trades Association of Western Australia (Association of Workers), Applicant, and State Energy Commission, Respondent. Order. HAVING heard Mr T. H. Henderson on behalf of the applicant and Mr T. A. Lemmon on behalf of the re- spondent and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Ar- bitration Act, 1979 hereby orders— That the Building Trades (State Energy Com- mission) Award No. 1 of 1959 be varied in ac- cordance with the following schedule and that such variation shall have effect as from the be- ginning of the first pay period commencing on or after the 30th day of August, 1982. Dated at Perth this 21st day of October, 1982. (Sgd.) G. A. JOHNSON, fL.S.l Commissioner. 2794 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. Schedule. Clause 27.—Wages: Delete subclause (l)(a) and in- sert in lieu the following:— (a) Tradesmen: Bricklayers, Carpenters, Painters, Plasterers and Plumbers as defined in Clause 5.—Definitions of this award. 1st and 2nd years of service 220.90 50.30 Thereafter 230.90 50.30 3. Clause 17.—Holidays: Add the following subclause to this clause:— (4) Where— (a) a day is proclaimed as a public holiday or as a public half-holiday under section 7 of the Public and Bank Holidays Act, 1972; and (b) that proclamation does not apply throughout the State or to the metro- politan area of the State, that day shall be a whole holiday or, as the case may be, a half-holiday for the purpose of this award within the district or locality specified in the proclamation. 4. Clause 21.—Wages: Delete this clause and insert in lieu thereof the following:— CLUB WORKERS— Award No. 12 of 1976. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No 1979 of 1982. Between: Federated Liquor & Allied Industries Em- ployees Union of Australia, Western Australian Branch, Union of Workers, Applicant, and Kalamunda Club Inc. and Others, Respondents. Order. HAVING heard Mr E. L. Fry on behalf of the appli- cant and Mr B. G. F Boys appearing for the Associ- ation of Licensed Clubs of Western Australia on be- half of various respondents, and Mr K. J. Farrell on behalf of other respondents, and by consent the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby or- ders.— that the Club Workers' Award No. 12 of 1976 be varied in accordance with the following sched- ule and that such variation shall have effect as from the beginning of the first pay period com- mencing on or after the 15th day of October, 1982. Dated at Perth this 18th day of October, 1982. (Sgd.) G. A. JOHNSON, 1L.S.1 Commissioner. Schedule. 1. Clause 13.—Meal Breaks: Delete subclause (1) from this clause and insert in lieu thereof the follow- ing:— (1) Subject to the provisions of subclause (3) hereof, every worker shall be entitled to a meal break of not less than one half-hour nor more than one hour, after not more than five hours of work. Provided that such meal break shall not be taken before completing one hour-thirty minutes of work. Where it is not possible for the em- ployer to grant a meal break on any day, the said meal break shall be treated as time worked and the worker shall be paid at the rate applicable to the worker at the time such meal break is due, plus 50 per cent of the ordinary hourly rate ap- plying to such worker, until such time as the worker is released for a meal. 2. Clause 14.—Meal Money: Delete from this clause the amount of $1.50 and insert the amount of $3.15. ■. 21.—Wages. The following shall be the minimum rates of wages payable to workers covered by this award:— (1) Classifications (total wage per week): $ (1) Chef 225.10 (2) Qualified Cook 206.10 (3) Cook Employed Alone 195.30 (4) Breakfast and/or other Cooks 192.50 (5) Supervisor 211.40 (6) Bar Attendant 194.70 (7) Cellarman 200.70 (8) Head Waiter—Waitress 206.10 (9) Head Steward/Stewardess... 206.10 (10) Hostess 206.10 (11) W aiter/W ai tress 189.50 (12) Steward/Stewardess 189.50 (13) Housekeeper 211.40 (14) Night Porter 187.30 (15) Hall Porter 187.30 (16) Lift Attendant 187.30 (17) Cashier 194.70 (18) Snack Bar Attendant 189.50 (19) Butcher 206.10 (20) Kitchenhand 187.30 (21) Commissionaire and/or Car Parking Attendant 187.30 (22) Security Officer 206.10 (23) Timekeeper 194.70 (24) Storeman 192.50 (25) Housemaid 187.30 (26) Laundress 187.30 (27) Cleaner 187.30 (28) Maintenance Man 206.10 (29) Gardener 187.30 (30) Yardmap 187.30 (31) General Hand 187.30 (2) In-Charge Rates— A worker (other than a Chef or Housekeeper) who is appointed and placed in charge of other workers by the employer shall be paid the following rates in addition to his or her normal wage— (a) if placed in charge of less than 6 workers (b) if placed in charge of 6 to 10 workers (c) if placed in charge of 11 to 20 workers (d) if placed in charge of more than 20 workers 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2795 5. Clause 22.—Junior Workers: Delete subclause (3) from this clause and insert in lieu thereof the fol- lowing:— (3) The minimum weekly rates of wages for work in ordinary time to be paid to junior workers shall be as follows:— Percentage of the Lowest adult male or female total rate Under 18 years of age 70 Between 18 and 19 years of age 80 Full adult At 19 years of age rates Provided that any junior worker employed in classifications (6) and (7) in Clause 21 of this award, shall be paid full adult rates. 6. Clause 28.—Workers' Equipment: Delete from this clause the amount of $2.00 and insert in lieu the amount of $2.50. 7. Clause 42.—District Allowances: Delete this clause and insert in lieu thereof the following:— 42.—District Allowances. (1) Subject to the provisions of this clause, in ad- dition to the wages prescribed in Clause 21.—Wages, of this Award, a married worker shall be paid the fol- lowing allowances per week when employed in the towns described hereunder. Town $ Agnew 17.30 Balladonia 14.90 Barradale 22.70 Boulder 6.50 Bremer Bay 9.40 Broad Arrow 6.50 Broome 26.50 Bulla Bulling 6.50 Bullfinch 8.40 Carnarvon 13.40 Carrabin 8.40 Cocatoo Island 29.40 Cocklebiddy 16.90 Coolgardie 6.50 Cue 17.00 Dampier 22.70 Day Dawn 17.00 Denham 13.40 Derby 27.70 Esperance 5.90 Eucla 18.80 Exmouth 22.70 Fimiston 6.50 Fitzroy Crossing 32.80 Gascoyne Junction 13.40 Gibson 5.90 Goldsworthy 17.80 Grass Patch 5.90 Halls Creek 36.00 Hopetoun 9.40 Kalbarri 5.00 Kalgoorlie 6.50 Kambalda 6.50 Karratha 26.00 Kookynie 9.40 Koolan Island 29.40 Koolyanobbing 8.40 Kumarina 17.80 Kununurra 41.40 Lake Argyle 41.40 Laverton 16.80 Learmonth 22.70 Leinster 17.30 Leonora 16.80 Madura 16.90 Marble Bar 37.80 Marvel Loch 8.40 Meekatharra 14.60 Menzies 16.80 Moorine Rock 8.40 Mount Magnet 17.60 Mundrabillia 17.90 Newman 16.20 Norseman 13.00 Nullagine 37.50 Onslow 27.00 Pannawonica 21.50 Paraburdoo 22.40 Paynes Find 17.60 Port Hedland 22.40 Ravensthorpe 9.40 Roebourne 29.60 Salmon Gums 5.90 Sandstone 17.30 Shark Bay 13.40 Shay Gap 17.80 Southern Cross 8.40 South Hedland 22.40 Teutonic Bore 17.30 Tom Price 21.20 Wannoo 13.40 Westonia 8.40 Whim Creek 25.90 Wickham 25.80 Widgiemooltha 6.50 Wiluna 17.80 Windarra 16.80 Wittenoom 33.60 Wurarga 17.60 Wyndham 40.00 Yalgoo 17.60 (2) A single worker shall be paid 60 per cent of the allowances per week prescribed in subclause (1) of this clause. (3) A worker, whose spouse is employed by the same employer and who is entitled to an allow- ance of a similar kind to that prescribed by this clause shall be paid 50 per cent of the allowance prescribed in subclause (1) of this clause. (4) Junior workers, casual workers, part-time workers, apprentices receiving less than the adult rate and workers employed for less than a full week, shall receive that proportion of the District Allowance as equates with the pro- portion that their wage for ordinary hours for that week is to the adult rate for the work per- formed. (5) Where a worker is on annual leave or re- ceives payment in lieu of annual leave he shall be paid for the period of such leave the District Al- lowance to which he would ordinarily be entitled. (6) Where a worker is on long service leave, or other approved leave with pay (other than annual leave), he shall only be paid the District Allowance for the period of such leave he re- mains in the district in which he is employed. (7) For the purpose of this clause a married worker includes a person who is a sole parent with dependent children. (8) Nothing herein contained shall have the ef- fect of reducing any "district allowance" currently payable to any worker subject to the provisions of this Award whilst that worker re- mains employed by his present employer. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. Award No. 4 of 1985. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 523 of 1982. Between Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant, and Board of Management, Perth Dental Hospi- tal, Respondent. Order. HAVING heard Mr M. A. Jahn and with him Miss N. I. Ferguson on behalf of the Applicant and Mr A. R. Basell on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the In- dustrial Arbitration Act 1979, hereby orders— 1. By consent, that the Nurses (Perth Dental Hospital) Award No. 4 of 1965 be amended in accordance with the following schedule. 2. That the above amendment operate from the beginning of the first pay period com- mencing on or after the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. 1. Clause 4(a).—Definitions: Insert this clause after Clause 4:— 4A.—Definitions. "Clinical Instructor (Dental)" means a registered dental nurse appointed as such who is en- gaged full time in the instruction of student dental nurses in practical nursing. "Dental Charge Nurse" means a registered den- tal nurse appointed as such to be in charge of a department or clinic. "Dental Nurse" means a person who is registered or entitled to be registered in Western Aus- tralia under the Nurses' Act 1968-1980 as a Dental Nurse. "Dental Nurse Educator" a registered dental nurse appointed as such, holding a diploma of nursing education or a qualification ac- ceptable to the employer, who is engaged full time in the education of Student Nurses (Dental). "Principal Dental Nurse Educator" means a dental nurse educator appointed as such who is responsible for the administration of the School of Nursing and the overall planning, organising and implementation of a dental nursing education programme. "Supervisory Nurse (Dental)" means a regis- tered dental nurse appointed as such and who has special or supervisory responsibilities beyond those of a dental charge nurse. "Student Nurse (Dental)" means a pupil undergoing dental nurse training in the School of Nursing. "School of Nursing" means the Registered School of Nursing at Perth Dental Hospital. 2. Clause 19.—Wages: Delete this clause and insert in lieu the following:— 19.—Wages. The minimum rates payable to employees under this Award shall be: per week (1) Student Nurse (Dental) First Year 146.30 Second Year 187.30 (2) Dental Nurse First Year 247.50 Second Year 252.70 Third Year 258.40 Fouth Year 264.30 Thereafter 274.20 (3) Charge Nurse (Dental) or Clini- cal Instructor (Dental) First Year 285.50 Second Year 292.60 Third Year 299.50 Fourth Year 307.30 Thereafter 314.20 Provided that experience as a Charge Nurse (Dental) shall be counted as ex- perience as a Clinical Instructor (Dental) and vice versa. (4) Supervisory Nurse (Dental) First Year 326.10 Second Year 334.50 Thereafter 343.70 (5) Dental Nurse Educator First Year 380.20 Second Year 390.20 Thereafter 400.80 (6) Principal Dental Nurse Edu- cator where the establishment of Dental Nurse Educators is 10 and under 471.00 (7) Provided that in the case of Student Nurses (Dental) the rates shall be varied so as to maintain the percentage relationships between the rate for the first year Dental Nurse and the rates now prescribed for Student Nurses (Dental). (8) A nurse employed for a period of less than two weeks shall be deemed a cas- ual employee and be paid 20 per cent over the rates specified in this award. If a casual employee is still required at the end of two weeks, she may be re- employed as a casual with payment as aforesaid for another two weeks. ENGINEERING TRADES (S.E.C.). Award No. 1 of 1969. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION, No. 731 of 1982. Between: Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch; The Amalgamated Metal Workers and Ship- wrights Union of Western Australia and Electri- cal Trades Union of Workers of Australia, West- ern Australian Branch, Applicants, and State Energy Commission, Respondent. Order. HAVING heard Dr J. Crouch on behalf of the Aus- tralasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch, Mr A. J. Marks on be- half of the Amalgamated Metal Workers and Ship- wrights Union of Western Australia and Mr K. B. Gilbert on behalf of the Electrical Trades Union of Workers of Australia, Western Australian Branch and Mr T. A. Lemmon on behalf of the respondent, 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2797 and by consent the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979 hereby orders— That the Engineering Trades (State Energy Commission) Award No. 1 of 1969 be varied in accordance with the following schedule and that such variation shall have effect on a flat rate basis as from the beginning of the first pay period commencing on or after the 28th day of August 1982, and for all purposes of the award from the beginning of the first pay period com- mencing on or after the 29th day of October, 1982. Dated at Perth this 1st day of November, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. Schedule. Clause 32.—Wages: Delete subclause (1) and insert in lieu:— (1) Subject to the provisions of this subclause, a worker, other than an apprentice or a junior worker, shall be paid the rate per week as- signed to his class of work. Provided that where a worker is— (a) in his third year of service, the rate per week shall be that prescribed in Column "A". (b) in his fourth or subsequent year of service, the rate per week shall be that prescribed in Column "B". Classification Rate per week (v; (vi; (vii, (viif (ix (x; (xt (xii, (xiif (xiv (xv (xvf (xvil (xviil (xix^ (xx; (xxf (xxil (xxiif (xxiv (xxv (xxvf (xxvil (xxviil (xxix' (xxx' (xxxl (xxxif (xxxiii (xxxiv (xxxv (xxxvi) (xxxix) (xl) (xli) (xlii) (xliii) Armature Winder 234.90 244.80 259.30 Blacksmith 234.90 244.80 259.30 Boilermaker and/or structural steel tradesman 234.90 244.80 259.30 Boilermaker who for the greater part of his time is occupied in marking off, making templates or jigs 237.70 247.30 261.70 Cable Ganger 210.50 217.50 220.80 Cable jointer—first class 234.90 244.80 259.30 Cable jointer—second class 223.60 230.60 233.80 Cable jointer—trainee 210.90 Cable jointer's assistant 199.20 206.20 209.50 Cable oil equipment operator 223.60 230.60 233.80 Coil winding machine operator 217.20 224.20 227.50 Electrical fitter 234.90 244.80 259.30 Electrical installation attendant 216.00 223.00 226.20 Electrical installer 234.90 244.80 259.30 Electrical relay maintainer 246.50 256.20 270.50 Electrical tradesman—special class 251.10 260.80 275.20 Fitter 234.90 244.80 259.30 Instrument maker and repairer 246.50 256.20 270.50 Instrument shop assistant 208.00 215.10 218.40 Inspector 246.50 256.20 270.50 Labourer—cable laying 199.20 206.20 209.50 Lineman—first grade 234.90 244.80 259.30 Lineman—second grade 223.60 230.60 Lineman's assistant 199.20 206.20 209.50 Machinist—first class 234.90 244.80 259.30 Machinist—second class 210.90 217.90 221.20 Machinist—third class 203.20 210.30 213.50 Meter fixer 217.20 224.20 227.50 Meter tester—first grade 216.00 223.00 226.20 Meter tester—second grade 208.00 215.10 218.40 Motor Mechanic 234.90 244.80 259.30 Plant Operator 223.60 230.60 233.80 Pole Inspector 223.60 230.60 233.80 Radio Serviceman 234.90 244.80 259.30 Riggers— (aa) Certified rigger 223.60 230.60 233.80 (bb) Rigger (Other) 216.00 223.00 226.20 (cc) A certificated rigger other than a leading hand, who in compliance with the provisions of the regulations made pursuant to the Construction Safety Act, 1972, is respon- sible for the supervision of not less than three workers shall be deemed a leading hand and shall be paid the ad- ditional rate prescribed in paragraph (a) of subclause (2) of this clause. Sheet Metal Worker—first class 234.90 244.80 259.30 Sheet Metal Worker—second class 210.90 217.90 221.20 Shot blast and sand blast dresser— (aa) not protected 208.00 215.10 218.40 (bb) protected 199.20 206.20 209.50 Steam cleaner 200.40 207.50 210.80 Street light patrolman 204.40 211.40 214.70 Substation attendant 210.90 217.90 221.20 Telecontrol attendant 208.00 215.10 218.40 T oolmaker 246.50 256.20 270.50 2798 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. Classification (xliv) Tool and material storeman (xlv) Tradesman's assistant (xlvi) Transformer assembler (xlvii) Turner (xlviii) Tyre and tube attendant (il) Vehicle greaser (1) Welder— first class second class third class fourth class Rate per week Special payment "A" "B" $ $ $ $ 208.00 215.10 218.40 38.10 199.20 206.20 209.50 39.50 217.20 224.20 227.50 38.30 234.90 244.80 259.30 50.30 204.40 211.40 214.70 39.50 204.40 211.40 214.70 39.50 234.90 244.80 259.30 50.30 203.20 210.30 213.50 39.20 200.40 207.50 210.80 39.20 199.20 206.20 209.50 39.50 ENGINEERING TRADES (S.E.C.) Award No. 1 of 1969. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 797 of 1982. Between Amalgamated Metal Workers and Ship- wrights Union of Western Australia and Others, Applicants, and State Energy Commission, Re- spondent. Order. HAVING heard Dr J. Crouch on behalf of the Amal- gamated Metal Workers and Shipwrights Union of Western Australia and the Australasian Society of Engineers, Moulders, and Foundry Workers, Indus- trial Union of Workers, Western Australian Branch, and Mr K. B. Gilbert on behalf of the Electrical Trades Union of Workers of Australia (Western Aus- tralian Branch) Perth, and Mr T. A. Lemmon on be- half of the respondent and by consent, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby or- ders— That the Engineering Trades (State Energy Commission) Award No. 1 of 1969 be varied in accordance with the following schedule and that such variation shall have effect as from the be- ginning of the first pay period commencing on or after the 26th day of October, 1982. Dated at Perth this 27th day of October, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. Schedule. Clause 31.—Special Rates and Provisions. 1. Delete subclause (10) (a) and insert in lieu:— (10) (a) An employee under the direct control of the Chief Manager Power Stations em- ployed in operating power houses of in- stalled capacity of 12.5 megawatts or more, on maintenance or operation of such power houses, shall be paid $19.50 per week. 2. Delete subclause (18) and insert in lieu:— (18) A lineman—live line shall be paid a weekly allowance of $12.10 per week for all pur- poses of the award. The allowance shall be adjusted in accordance with, and in the same manner as any movement in the rate presecribed in subclause (2) (a) of Clause 32.—Wages, of this award. GAOL OFFICERS Award No. 12 of 1968. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 391 of 1981. Between Western Australian Prison Officers Union of Workers Applicant, and Chief Secretary for the State of Western Australia, Respondent. Before Mr Commissioner G. L. Fielding. The 21st day of October, 1982. Mr C. M. Brown and with him Mr T. A. Connolly on behalf of the Applicant. Mr B. J. Boylen on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: Prison officers, as a general rule, work on the basis of a continuous shift roster. The Gaol Officers' Award, by Clause 9 provides, amongst other things:— (1) A four-week duty board shall be posted up by 7.00 am each pay day, to cover shifts for the following two pay periods, and shall only be changed in unforeseen circumstances. The Applicant says that the reference to "unforeseen circumstances" is too vague to impose any effective control over changes in the roster. It permits the rosters to be changed with little or no no- tice. The result is that prison officers can suffer per- sonal and domestic inconvenience because they are, in effect, pro tew "on call" all the time when not at work. The Applicant contends that prison officers have a right to expect, as a general proposition, that they will not have to work other than in accordance with the published roster. A prison officer's en- titlement, in this respect, should be no different from a day worker who can assume with reasonable certainty that he will have to work only during pre- determined hours. To this end, the Applicant seeks to amend the Award to prohibit the roster from being changed in respect of some shifts, and to require reasonable no- tice of change in respect of the other shifts. Prison officers rostered to work an "essential shift", which is to be defined as meaning "a shift that must be filled to facilitate the smooth running of the prison and/or for security reasons", could not be compelled to work ordinary hours different from those shown on the roster unless first given not less than 48 hours' notice of the change. The Applicant seeks also to have the Award amended to provide that prison officers shall not have their days off changed "in any circumstances". The evidence suggests that it is a practice of some standing for the Respondent not to require prison officers to work on their days off, and thus the Appli- cant sees its claim in this respect as formalising the existing practice. Additionally, the Applicant seeks to 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2799 insert into the Award provision entitling prison officers to change their shift by mutual agreement between themselves, except in certain circumstances. In this respect, the evidence is that prison officers are permitted, almost without exception, to exchange shifts. Indeed, the Respondent has available printed forms to facilitate the making and granting of such requests. Apparently, from time to time, superin- tendents at various prisons have threatened to with- draw this privilege. The Union therefore seeks to protect the practice by having the Award make pro- vision for it. Finally, on the question of rosters, the Applicant seeks to have the Award compel the Re- spondent to enter into discussions with it "prior to any alteration being made to the regular structure of the duty board". A claim has also been made by the Applicant to ex- tend the meal break from 30 to 40 minutes. The claim was made principally on the basis that as that time was thought fair and proper for police officers, the same should apply to prison officers. The Respondent acknowledges that there is an ob- ligation on him to act reasonably with respect to any shift changes. He thus agrees that the Award should contain a provision requiring 48 hours' notice of a change in shift where prison officers are required to work the changed shift as part of their ordinary hours of work. In a well-presented argument, Mr Boylen for the Respondent contended that the Applicant's claim with respect to shift changes was unrealistic, and moreover contrary to the established principles re- garding management prerogatives. The claim with re- spect to extended meal times was, he argued, based on a false premise that the meal time prescribed for police officers was one arrived at after detailed con- sideration of the matter. In my view, there is neither principle nor precedent to support the Applicant's proposition that shift workers have a right to work the hours as disclosed in the roster required by the Award to be published each month. Prison officers are presumably required to perform shift work because the nature of the prison service is such as to require it. Further, it is reasonable to suppose that each shift roster is pre- pared having regard to the anticipated needs of the service during each roster period. If, because of the exigencies of the prison service, those needs alter, it is difficult to see why the roster should not be altered, at least on reasonable notice, to meet the actual rather than the anticipated needs of the ser- vice. Prison officers are not employed simply to meet the requirements of a roster, but to assist in the maintenance of an effective prison service. Indeed, it might be said that the nature of the prison service is such that it is at least implicit in the contract of ser- vice of a prison officer that upon reasonable notice he will have his shifts changed to meet the exigencies of the service, (cf: In re Engine Drivers (Public Works, Department, Metropolitan Meat Industry Board and State Dockyard) Award (1976) AILR 52). It does not assist the Applicant's case to draw a distinction between essential and non-essential shifts. In one sense, as the Respondent's advocate as- serts, all shifts are necessary "to facilitate the smooth running of the prison and/or for security reasons". It would otherwise be difficult to see why they should be included in a roster. Much the same criticism, although perhaps to a lesser extent, is open in respect of attempts to identify shifts which are "absolutely essential to maintain security" of the relevant prison, as did the Director of the Western Australian Prisons Department in a memorandum to superintendents, to which the Applicant referred, and on which it placed great weight. In any event, the Applicant's proposal limits, albeit by the requirement to use overtime, the Respondent's right to organise manning requirements as the exigencies of the prison service from time to time may dictate. That is a limi- tation the nature of which industrial tribunals throughout this country have been reluctant to im- pose. It is a limitation which, given the Respondent's statutory duty to maintain an effective prison ser- vice, and the interest of the public in seeing him do so, the Commission ought not to impose unless it is necessary to remove an undue hardship to those em- ployed in the service. The industrial tribunals have consistently recognised that prima facie it is the right of the executive officers of an institution to operate it in the most economic and effective way practicable, and this includes the right to allocate work to best advantage, (see: R v Commonwealth Conciliation and Arbitration Commission; ex parte Melbourne and Metropolitan Tramways Board (1966) 115 CLR 433; In re Courtaulds (Aust) Ltd (1966) AILR 67; In re Iron and Steel Works Employees' (Australian Iron and Steel Limited—Port Kembla) Award (1957) 56 AR (NSW) 429, 444; and see too: R v Portus; ex parte ANZ Banking Group Ltd (1972) 127 CLR 353). It is generally only where intervention is justified, because in the exercise of this right, unjust or unreasonable conditions are imposed or that the action of the em- ployer is taken in bad faith, or amounts to victimisa- tion or oppression or the like, that the Commission will interfere, (see: In re Federated Engine Drivers' and Firemen's Association of Australia (Coast Dis- trict) v Broken Hill Proprietory Company Limited (1950) 50 AR (NSW) 371). These principles have been frequently acknowledged by this Commission, as for example in The Transport Workers' Union of Australia, Industrial Union of Workers v Mount Newman Mining Co Pty Ltd (1981) 61 WAIG 133; Hamersley Iron Pty Ltd v The Australian Workers Union and Others (1981) 61 WAIG 1795, 1804; and see too: Hamersley Iron Pty Ltd v Amalgamated Metalworkers and Shipwrights Union of Western Australia (1982) 62 WAIG 162. The principles have often been discussed in pro- ceedings concerning shift work. Thus, the Australian Conciliation and Arbitration Commission, in the Federated Clerks' Union of Australia v Public Ser- vice Board (1969) 128 CAR 319, rejected a claim to prohibit shift work in connection with certain machinery since it was an interference with the rights of management which could not be entertained, (see too: Riggers' Flying Gang case (1976) AR (NSW) 64). Likewise, this Commission in In re the Barmaids' and Barmen's (South-West Award) case (1960) 41 W.A.I.G. 313, rejected a claim to prevent changes of shift rosters in the hotel industry, and suggested that an employer should not be prevented from effecting such a change if it was essential. In my view, the same considerations apply with much more force to the management of the prison service. This question was in part examined by the Australian Conciliation and Arbitration Commission in 1977, in the Municipal Officers' Association v State Electricity Commission of Victoria (1977) 189 CAR 358, when considering a claim to extend to seven days the period of notice re- quired to be given for a change of shift. The Com- mission recognised that there was an inconvenience to the employees occasioned by shift changes, but re- fused to extend the period of notice beyond the existing 72 hours, suggesting that such a period was "adequate time for any officer to change his private arrangements without significant inconvenience". The Commission thereby recognised that it was reasonable for shift workers to have their shifts altered on notice. It fixed a loading of 50 per cent for work done on shifts changed without such notice, (see too: Sydney Morning Herald v The Printing In- dustry Employees' Union of Australia (1954) 114 IG (NSW) 54; and In re Superphosphate Workers' Award (1954) 34 W.A.I.G. 465). Nothing adduced in these proceedings suggests that the inconvenience suffered by prison officers is any worse than that suf- fered by others in different vocations who are also liable to have their shifts changed. 2800 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. Neither of the parties was able to draw my atten- tion to any Award which contained provisions akin to those now sought, nor have I been able to locate any. On the contrary, there are many Awards of this Com- mission, some of which were mentioned by Mr Boylen, and of the Australian Conciliation and Arbi- tration Commission, in which a right to alter shifts is acknowledged, in some case without any notice at all. The parties appear to accept that in this industry, 48 hours' notice is reasonable for a change of shift and, in any event, there is nothing to suggest that a longer period is warranted. In the Government hospi- tal industry of this State, which, like the present in- dustry, is an industry which is a public service, there is a precedent for rosters being altered at any time, without notice, if the exigencies render any alteration necessary. The Police Award provides for 24 hours' notice to be given "where practicable" of any alter- ation to a rostered shift. In the circumstances, I can- not think that an amendment to this Award in terms similar to those which are commonly found in other Awards of this Commission, but which is based on the existing provision, is other than reasonable. Little of substance was put in support of the Respondent's contention that the Award should incorporate a right for employees to agree to a reduced period of notice. It is not commonly found in other Awards, and in my view could lead to unnecessary uncertainty and ought not therefore be included in the Award. For much the same reasons as outlined with re- spect to the claim relating to the change of shifts, 1 am not prepared to accede to the claim that an officer should not have his days off changed in any circumstances. While it might be custom and practice not to do so, given the nature of a prison service, and in particular the need for prisons to be adequately manned at all times, I do not think it appropriate to include such a provision in this Award. I consider however that the Award should contain a provision with respect to mutual shift changes. The practice is now well-established and it is difficult to see any practical reasons why it should not be recog- nised in the Award. However, I am not convinced that the Award should do more than recognise the current practice. There is precedent for such a pro- vision to be found in the Television Industry Award (1975) (Commonwealth) and that to be followed on this occasion. I am not convinced that the Award should place an obligation on the Respondent to con- sent to such a change, except in certain circum- stances, as is the import of the Applicant's proposal. The Respondent ought to be best placed to know who should or should not man each shift, and moreover there is nothing to suggest that consent has been withheld capriciously such as to justify an interference in his right to make the final decision in respect of this matter. In any change to an Award, it is for the Applicant to show that such change is warranted. In this regard, little or nothing was put beyond a philosophical argu- ment to justify the claim which would compel the Re- spondent to enter into discussions with the Applicant before any alteration was made to the regular struc- ture of the duty board. I should have thought that any sensible person in the Respondent's position would adopt such a course, but I see little point in in- cluding such a provision, which as Mr Brown ac- knowledged, imposes no more than an obligation to discuss. Apart from anything else, the Industrial Ar- bitration Act provides a forum for such an activity if need be. The claim for increased meal time was not pursued with any vigour, and is clearly based on a false prem- ise. The evidence adduced on behalf of the Respon- dent indicates that the meal time fixed under the Police Award resulted not from a detailed assessment of what was fair and proper, but was rather the result of a trade-off. Moreover, it is not satisfactory to argue that simply because others in another unrelated in- dustry have a certain meal time, it should apply to prison officers. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 391 of 1981. Between Western Australian Prison Officers Union of Workers, Applicant, and Chief Secretary for the State of Western Australia, Respondent. Order. HAVING heard Mr C. M. Brown and with him Mr T. A. Connolly on behalf of the Applicant and Mr B. J. Boylen on behalf of the Respondent, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act 1979, hereby or- ders— That the Gaol Officers' Award No. 12 of 1968 be amended in accordance with the following schedule. Dated at Perth this 1st day of November, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. Clause 9.—Duty Roster: Delete subclause (1) and insert in lieu thereof:— (1) (a) A four weekly duty board shall be posted up by 11.00 a.m. each pay day to cover shifts for the following two pay periods and shall only be changed on account of a contingency which the Minister could not have been reason- ably expected to foresee, provided that an officer who receives less than 48 hours' notice of a change of roster shall be paid at the rates specified in clause 11(1) for all time worked which falls outside his rostered shift. (b) Officers shall be allowed to exchange shifts or days off or to perform duty for other employees provided the approval of the Minister or his delegate is first had and obtained. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2801 GAS WORKERS (S.E.C.) Award No. 6 of 1978. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 732 of 1982. Between Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch, Applicant and State Energy Commission Re- spondent. Order. HAVING heard Dr J. Crouch on behalf of the appli- cant and Mr T. A. Lemmon on behalf of the respon- dent, and by consent the Commission, pursuant to the powers conferred on It under the Industrial Arbi- tration Act, 1979 hereby orders— That the Gas Workers (State Energy Com- mission) Agreement No. 6 of 1978 be varied in accordance with the following schedule and that such variation shall have effect on a flat rate basis as from the beginning of the first pay period commencing on or after the 28th day of August 1982, and for all purposes of the award from the beginning of the first pay period com- mencing on or after the 29th day of October, 1982. Dated at Perth this 1st day of November, 1982. (Sgd.) G. A. JOHNSON, [L.S.J Commissioner. Schedule. Clause 22.—Wages: Delete subclause (1) and insert in lieu: (1) Workers shall be paid the rate per week and in addition the special payment assigned to his class of work. Rate per Special week payment Appliance Tester 205.80 37.50 Gas Fitter Class 1 234.60 50.30 Gas Fitter Class 2 224.10 37.20 Gas Fitter's Assistant 196.00 38.20 Gas Meter Tester 221.80 36.30 Gas Meter Repairer— first twelve months 214.40 36.90 thereafter 223.30 33.30 Gas Meter Preparer 198.40 38.00 Holder Attendant (Gas Works) 191.30 38.60 Labourer 185.80 39.00 Mainlayer/Servicelayer 205.80 37.50 Mainlayer/Servicelayer's Assistant 189.90 38.60 Maintenance Man 208.40 37.30 HOSPITAL LAUNDRY AND LINEN SERVICE (Government). Award No. 11 of 1975. TRANSPORT WORKERS (Government). Award No. 2A of 1952. TRANSPORT WORKERS (S.E.C.). Award No. 40 of 1965. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Nos. 451, 452 and 453 of 1982. Between Transport Workers' Union of Australia In- dustrial Union of Workers, Western Australian Branch, Applicant, and No. 451 of 1982, The Hon. Premier for the State of W.A. and Others; No. 452 of 1982, Hospital Laundry and Linen Service and Others; No. 453 of 1982, State Energy Commission, Respondents. Before Mr Commissioner G. A. Johnson. The 29th day of September, 1982. Mr J. Gerritsen on behalf of the applicant. Mr D. Buttel on behalf of the respondents in mat- ters 451 and 452 of 1982. Mr T. A. Lemmon, with him Mr M. Hurley, on be- half of the State Energy Commission of W.A. Reasons for Decision. THE COMMISSIONER: These applications seek to amend three awards which relate to transport em- ployees in Government service; Transport Workers (Government) Award No. 2A of 1952, Hospital Laun- dry and Linen Service (Government) Award No. 11 of 1975 and Transport Workers (S.E.C.) Award No. 40 of 1965. The applications seek amendments to rates of pay, allowances, definitions, meal allowance and location allowances. Some matters are agreed, some are still to be discussed and one matter has been put aside to await determination in the Transport Workers (General) Award No. 10 of 1961. These reasons concern the rates of pay for transport employees in the three awards. For convenience the matters were joined although the argument relating to the S.E.C. award is quite different to that put in relation to the two other awards. The Government award and the Laundry and Linen Service award. These awards were last before the Commission in May 1982 (decision 21/5/82 unreported) when con- sideration was given to the $20.00 wage increase negotiated Federally last year. The union's claim was agreed to by the Commission. Since then further Federal negotiations have produced increases of $5.00 per week from 27th May and $13.00 per week from 1st August, 1982. These two amounts have been passed on to transport employees in this State in the Transport Workers (General) Award No. 10 of 1961 by agreement to operate from 1st August, 1982. Fol- lowing an undertaking given earlier by the union, the $18.00 was offset by an amount of $6.30 from the State Wage Case (61 W.A.I.G. 1894) leaving a net in- crease of $11.70 to be reflected in the award rates. So far as the Government awards are concerned, the $6.30 from the State Wage Case has already been offset in the Government Service and Supplementary Payments Order (62 W.A.I.G. 132), so the union is claiming the full amount of $18.00 to apply from August 1st, 1982. To appreciate fully the employer's objection to the claim, it is necessary to set out briefly some of the history of the Government award. For many years it has reflected the rates shown from time to time in the Transport Workers (General) Award which in its 2802 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. turn has had a relationship with an award of the Aus- tralian Commission. In addition to the award rate, Government transport employees have participated in the Government service pay scheme which pres- ently is regulated by the Government Employees Ser- vice and Supplementary Payments Order. When the scheme was last before the Commission, the following comment was made— It was stated earlier that in determining ser- vice and supplementary payments for Govern- ment employees we thought it proper to have re- gard to the payments made to Government workers elsewhere in Australia and over award payments being made in private industry in this State. This was the view of the Commission in Court Session in 1970, these two factors were ad- vanced by the Council, in a like case in 1978 and are now put by the Government as a proper means by which the fairness of total wages for Government employees may be measured. In the broad, employees of Government in this State Exercise many of the same skills and responsibilities as like employees of other Governments in Australia and their remuner- ation should be seen as being fair by comparison. On the other hand, Government employees should not be expected to perform the tasks re- quired of them by the community in this State for a return below the standard available to that community. Nor. of course, in this context should the community be called upon, by way of taxes and charges, to support a wage level for Government employees which ignores com- munity standards. and further We agree with Government that a preferable method could be to look at the individual case and fix a total wage rate but two scales for ser- vice and supplementary payments have applied since 1965 and we are not inclined at this time to dispense with either scale or to introduce others. Nor, in this context, are we prepared, on the in- formation available, to deprive a substantial number of Government employees of wage in- creases to which they are clearly entitled at this time because under the present concept, forcibly defenced by the Government in 1978, others may continue to benefit to an extent to which they may not otherwise be entitled. Also the concept advanced by the Government raises the question as to whether the standard base rates for Government employees should be as prescribed in the relevant award in force in the private sector with variable service and sup- plementary payments for each classification or whether there should be one or, as now, two scales of service and supplementary payments with base rates different from those in the pri- vate awards to ensure a fair comparable wage. That is a matter which requires discussion be- tween the Government and the Council and, without the assistance of the parties, is a matter upon which we are not prepared to express an opinion. Another question is whether, in de- termining the payment to be made in addition to the "base rate", emphasis should be give only, or substantially, to service. All that may be said at this time is that it appears that there could be a different approach to the fixation of rates for Government wages employees and that, in first instance, this is a matter which should be the subject of discussion. To withhold a wage in- crease pending such discussions would be unfair particularly as if the payments were adjusted in line with "wage indexation", as has been the case since 1974, each of them would be somewhat higher than at present. (62 W.A.I.G. p. 134.) It is from these statements that the employers base their objections. They say that the rates in the pri- vate industry transport employee awards are gener- ally paid rates and as such there is little over award payment. That being so the rates paid by Govern- ment employers are well in excess of community standards. The existing award rates are for example, $220.10 for under 1.3 tns plus service pay of $32.60 (max) total $252.70 and $226.80 for 6 tns plus service pay $43.00 (max) total $269.80 and are compared to the new rates in the Transport Workers (General) Award of $235.00 and $238.50 respectively. For this reason no increase is justified. That attitude is modi- fied to the extent that, as transport employees gener- ally have received increases since wage indexation of $38.00 and as Government transport employees have received $20.00 by award variation and $12.00 in ser- vice pay increases, there is a balance of $6.00 only outstanding. In addition and consistent with the comments of the Commission in Court Session in the Service Pay case, the employers say the award should reflect the total amount to be paid to the Government transport employees. As an alternative to that proposition, the em- ployers submit that, if the rates paid by other govern- ments to their transport employees are examined, a higher amount may be justified but that has to be weighed against the clear statement by the National Wage Bench in May of this year which, as it was put to me, limits increases in that jurisdiction to amounts not exceeding those agreed upon in the Metal Indus- try agreement. (Print E9700 p. 55.) Summarising the employer's submissions, this Commission is required to break the long standing nexus with the Transport Workers (General) Award, facilitate the removal of the Transport Workers (Government) Award from the Service Pay General Order Schedule and fix a fair and equitable total rate for Government transport employees after having re- gard for the total increases granted for transport em- ployees of government organisations elsewhere in Australia. For my part I believe there is in the Commission in Court Session decision previously quoted a require- ment which emphasises the need to have regard for the rates paid to government transport employees elsewhere. If after having done that there is by com- parison with rates applying locally some obvious anomaly then a suitable adjustment should be made. I believe the emphasis should be so placed simply be- cause there has been an acceptance that government employees do not necessarily stand equal in all re- spects to employees in private industry. This is evi- denced by the fact that in each state and the Com- monwealth, government transport employees receive payment in excess of that arising out of the awards applying to transport employees generally in private industry. I have difficulty in accepting that that situ- ation should change in any substantial way and it re- mains to decide on an appropriate increase in rates of pay. I have decided to increase the award rates to equate with those in private industry. The result when added to the service pay scales will produce amounts which fall within the range of total rates paid to transport employees of other governments. So far as the matter of expressing total rates in the award is concerned; whilst I accept that there are good reasons to examine the concept generally for Government awards, there appears to be no reason peculiar to the Transport Workers (Government) Award for this to be done and in any event such a move is opposed by the union. Any move in this re- gard on general grounds should I believe be by appli- cation to amend the General Order. All of the parties to that Order may speak to the proposal and there will be ample opportunity to canvas the future of the 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2803 Order, particularly having regard for recent events in Victoria in the negotiations concerning the Metal In- dustry Government and Instrumentalities Interim Award. The State Energy Commission Award. The rates in this award were last before the Com- mission on 24th May 1982 (62 W.A.I.G. 1762) and consideration was given to the effect of an increase in rates for transport employees of the S.E.C. on the internal relationships with particular attention given to the Metal Trades fitter. The $20.00 increase then sought was not seen by the Commission to disturb significantly the wage relationships between the two groups of employees. Since then the fitter has re- ceived an increase of $19.00. The application now be- fore the Commission seeks an increase of $18.00 on the basis of a similar adjustment to rates for transport employees of the electricity authority of Victoria (S.E.C.V.) and the relationship with the Transport Workers (General) Award of this State. Previously this Commission had established a total rate nexus with the S.E.C.V. rates (62 W.A.I.G. 176) and the increase awarded in May had regard for this relationship. In simple terms the union argues that, if the re- lationship between the 3-6 tn driver and the fitter was not seen to be distorted unreasonably by the award of a $20.00 increase in May, the relationship will be much the same after a further increase of $18.00 having regard for the recent increase of $19.00 in the rate for a fitter. Additionally the union says that the claim for $18.00 completes this round of Federal negotiations for transport employees whereas the S.E.C. fitter still has a claim for a further increase of $14.00 to be dealt with. The S.E.C. in reply says that now is the time to es- tablish a positive relationship with the fitter and, on the basis of past experience when comparing rates of pay, no increase is justified now; an increase of $18.00 would not permit a proper relationship to be main- tained. I take it that while the relationship created by the May decision created no problems in the short term there are dangers in restoring that relationship in the longer term. As a means of calculating the percentage relation- ship that ought to be maintained, the employer has submitted a table showing the relationship since 1966. From the amounts contained in that table, a figure of 94 per cent is suggested by the S.E.C. as being representative of the period examined. That figure represents the simple arithmetic mean of the data contained in the exhibit. There are other methods that might be used; for example a trend line (excluding the wage indexation era) produces a figure of 96 per cent for 1982. But however interesting such mathematical manipulations might be they do not determine the question posed in the May decision, that is, what is the value of the work of an S.E.C. truck driver when compared with the S.E.C. fitter, both at the point of engagement in 1982? Mathemat- ical calculations of that sort are useful tools in either confirming or denying the result of a work value examination carried out by conventional methods but that is all. The union while accepting the general proposition that there should be a reasonable relationship be- tween the rates of respective groups nonetheless de- fends the practice of preserving the identity of the rates of pay for transport employees in the award. That practice does not admit to a positive relation- ship being established with an S.E.C. metal trades classification nor to a total rates award. All that remains is to test the flow on from Victoria to ensure that the result does not create serious dis- tortions in the relativity. Reference was made by the S.E.C. to rates paid to transport employees in private industry where there is little over award payment. Transport employees of the S.E.C. are just as much a part of the organisation as the metal trades and engine driving employees and the statements made to support their level of wages are just as valid for the minority groups. It becomes a question of priorities, the maintenance of a reason- ably internal relationship by whatever means or the pursuant of some other relationship. The basis deter- mined earlier this year has not been shown to be no longer effective and will be maintained. The appli- cation will be granted. The parties are required to submit schedules show- ing those matters agreed upon together with the new rates resulting from these decisions. A date for speak- ing to the minutes and the determination of an op- erative date will be arranged on request. TRANSPORT WORKERS (Government). Award No. 2A of 1952. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 451 of 1982. Between Transport Workers Union of Australia, In- dustrial Union of Workers, Western Australian Branch, Applicant, and The Hon. Premier for the State of W.A. and Others, Respondents. Interim Order. HAVING heard Mr J. Gerritsen and later Mr J. J. O'Connor on behalf of the applicant and Mr D. Buttel on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the In- dustrial Arbitration Act, 1979 hereby orders— That the Transport Workers (Government) Award No. 2A of 1952 be varied in accordance with the following schedule and that such vari- ation shall have effect as from the beginning of the first pay period commencing on or after the 1st day of September, 1982. Dated at Perth this 27th day of October, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. Schedule. 1. Clause 5.—Wages: Delete subclauses 1 and 2 and insert in lieu:— 5.—Wages. 1. Adult Workers: An adult worker shall be paid the total weekly wage prescribed herein, namely— $ (a) Loaders 219.40 (b) Motor Drivers Assistant 223.80 (c) Drivers of motor cycle with side- car or motor tricycle used for the purpose of carting goods 218.40 (d) Motor drivers of vehicles— Not exceeding 1.2 tonnes ca- pacity 232.50 Exceeding 1.2 tonnes capacity but not exceeding 3 tonnes capacity 235.00 Exceeding 3 tonnes but under 6 tonnes capacity 237.90 6 tonnes and over but under 7 tonnes capacity 238.50 2804 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. 240.30 240.80 241.40 242.20 242.90 243.70 244.40 245.00 245.30 245.90 246.50 247.10 248.00 248.80 249.10 249.40 7 tonnes and over but under 8 tonnes capacity 240.00 8 tonnes and over but under 9 tonnes capacity 240.30 9 tonnes and over but under 10 tonnes capacity 240.80 10 tonnes and over but under 11 tonnes capacity 241.40 11 tonnes and over but under 12 tonnes capacity 242.20 12 tonnes and over but under 13 tonnes capacity 242.90 13 tonnes and over but under 14 tonnes capacity 243.70 14 tonnes and over but under 15 tonnes capacity 244.40 15 tonnes and over but under 16 tonnes capacity 245.00 16 tonnes and over but under 17 tonnes capacity 245.30 17 tonnes and over but under 18 tonnes capacity 245.90 18 tonnes and over but under 19 tonnes capacity 246.50 19 tonnes and over but under 20 tonnes capacity 247.10 20 tonnes and over but under 21 tonnes capacity 248.00 21 tonnes and over but under 22 tonnes capacity 248.80 22 tonnes and over but under 23 tonnes capacity 249.10 23 tonnes capacity and over .... 249.40 Driver of motor vehicle (not being a tractor) drawing a trailer, for a loaded single-axle trailer—$1.12 per day extra, or for an empty single-axle trailer—63 cents per day extra. For any other loaded trailer—$1.45 per day extra, or for any other empty trailer—82 cents per day extra. (e) Driver of articulated vehicle— Not exceeding 9 tonnes ca- pacity 244.10 9 tonnes and over but under 10 tonnes capacity 244.90 10 tonnes and over but under 11 tonnes capacity 245.20 11 tonnes and over but under 12 tonnes capacity 245.70 12 tonnes and over but under 13 tonnes capacity 246.00 13 tonnes and over but under 14 tonnes capacity 246.70 14 tonnes and over but under 15 tonnes capacity 247.70 15 tonnes and over but under 16 tonnes capacity 248.10 16 tonnes and over but under 17 tonnes capacity 248.90 17 tonnes and over but under 18 tonnes capacity 249.30 18 tonnes and over but under 19 tonnes capacity 250.10 19 tonnes and over but under 20 tonnes capacity 250.90 20 tonnes and over but under 21 tonnes capacity 251.30 21 tonnes and over but under 22 tonnes capacity 251.80 22 tonnes and over but under 23 tonnes capacity 252.70 23 tonnes and over but under 24 tonnes capacity 253.40 24 tonnes and over but under 25 tonnes capacity 253.80 244.10 244.90 25 tonnes and over but under 26 tonnes capacity 26 tonnes and over but under 27 tonnes capacity 27 tonnes and over but under 28 tonnes capacity 28 tonnes and over but under 29 tonnes capacity 29 tonnes and over but under 30 tonnes capacity 30 tonnes and over but under 31 tonnes capacity 31 tonnes and over but under 32 tonnes capacity 32 tonnes and over but under 33 tonnes capacity 33 tonnes and over 254.10 254.70 255.70 256.20 256.80 257.30 258.20 258.90 259.20 (f) Driver of machinery float— Not exceeding 9 tonnes ca- pacity 246.30 9 tonnes and over but under 10 tonnes capacity 247.00 10 tonnes and over but under 11 tonnes capacity 247.90 11 tonnes and over but under 12 tonnes capacity 248.30 12 tonnes and over but under 13 tonnes capacity 249.00 13 tonnes and over but under 14 tonnes capacity 249.40 14 tonnes and over but under 15 tonnes capacity 250.30 15 tonnes and over but under 16 tonnes capacity 251.00 16 tonnes and over but under 17 tonnes capacity 251.60 17 tonnes and over but under 18 tonnes capacity 252.00 18 tonnes and over but under 19 tonnes capacity 252.80 19 tonnes and over but under 20 tonnes capacity 253.50 20 tonnes and over but under 21 tonnes capacity 253.90 21 tonnes and over but under 22 tonnes capacity 254.40 22 tonnes and over but under 23 tonnes capacity 255.10 23 tonnes and over but under 24 tonnes capacity 255.90 24 tonnes and over but under 25 tonnes capacity 256.50 25 tonnes and over but under 26 tonnes capacity 257.00 26 tonnes and over but under 27 tonnes capacity 257.70 27 tonnes and over but under 28 tonnes capacity 258.30 28 tonnes and over but under 29 tonnes capacity 259.00 29 tonnes and over but under 30 tonnes capacity 259.40 30 tonnes and over but under 31 tonnes capacity 260.00 31 tonnes and over but under 32 tonnes capacity 261.10 32 tonnes and over but under 33 tonnes capacity 261.40 33 tonnes and overv 262.00 (g) Drivers of mechanical horse with or without trailer 219.60 (h) Driver of. fork lift with lifting ca- pacity— $ (i) up to and including 4 500 kg 237.90 (ii) over 4 500 kg and up to 9 000 kg 240.80 (iii) over 9 000 kg 241.40 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2805 (i) Driver of tow motor 228.30 (j) Driver of tractor without power driven attachments 237.10 (k) Straddle carrier driver— (i) who operates within the confines of the em- ployer's property 240.40 (ii) others 243.30 (1) Where two or more mobile cranes or fork lifts are engaged on any one lift, the drivers thereof shall be paid an ad- ditional amount for the time so occu- pied at the rate of $2.20 per week. 2. Leading Hands: A leading hand appointed as such by the employer and placed in charge of— (a) not less than three and not more than 10 other workers shall be paid $13.40 per week extra. (b) more than 10 and not more than 20 other workers shall be paid $20.00 per week extra. (c) more than 20 other workers shall be paid $25.60 per week extra. Clause 12.—Meals: Delete this clause and insert in lieu:— 12.—Meals. (1) A worker required to work overtime for more than one and one half hours, without being notified on the previous day or earlier that he will be so required to work, shall be supplied with any meal required by the employer or paid $3.65 for a meal. (2) If the amount of overtime required to be worked necessitates a second or subsequent meal the employer shall, unless he has notified the worker concerned on the previous day or earlier, that such second or subsequent meal will also be required, provide such meals or pay an amount of $2.55 for such second or subsequent meal. (3) If a worker in consequence of receiving such notice has provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than notified he shall be paid the amount above prescribed in re- spect of the meals not then required. (4) Except as hereinafter all workers shall have a break of one hour for a meal on all the days in the week between 12 noon and 2.00 p.m. (a) Workers employed at State Engineering Works shall have a break for a meal of not less than 30 minutes nor more than one hour between 12 noon and 1.00 p.m. on each day of the week. (b) Workers employed at the Educational Supplies Branch of the Education De- partment shall have a break for a meal of not less than 30 minutes and not more than one hour between 12 noon and 2.00 p.m. each day of the week. 3. Clause 28.—Location Allowance: Delete this clause and insert in lieu— 28.—Location Allowance. (1) Workers in the districts of the State de- scribed in subclause (2) of this clause shall be paid the allowance prescribed for that district. (2) The boundaries of the districts shall be: District: 1. The area within a line commencing on coast; thence east along latitude 28 to a point north of Tallering Peak; thence due south to Tallering Peak; thence south-east to Mt Gibson and Burracoppin; thence to a point south-east at the junction of lati- tude 32 and longitude 119; thence south along longitude 119 to coast. 2. That area within a line commencing on the south coast at longitude 119 then east along the coast to longitude 123; then north along longitude 123 to a point on latitude 30 thence west along latitude 30 to the boundary of No. 1 District. 3. The area within a line commencing on coast at latitude 26; thence along latitude 26 to longitude 123; thence south along longitude 123 to the boundary of No. 2 District. 4. The area within a line commencing on the coast at latitude 24; thence east to the South Australian Border; thence south to the coast; thence along the coast to longi- tude 123; thence north to the intersection of latitude 26; thence west along latitude 26 to the coast. 5. That area of the State situated between the latitude 24 and a line running east from Carnot Bay to the Northern Terri- tory Border. 6. That area of the State north of a line running east from Carnot Bay to the Northern Territory Border. (3) The weekly allowance payable to em- ployees in the districts of the State described in subclause (2) of this clause are as follows: Column A District $ 1 Nil 2 4.80 3 6.80 4 10.70 5 21.40 6 26.20 Provided that the allowances prescribed in Column "A" shall operate from the beginning of the first pay period commencing on or after 1st January, 1982. (4) Workers employed in the towns shown hereunder in the districts referred to in subclause (2) of this clause shall be paid the fol- lowing allowances in lieu of the rates prescribed in subclause (3) of this clause. district Town Column A $ 1. Nil _ 2. Kalgoorlie 1.60 Ravensthorpe 6.40 Norseman 6.40 Salmon Gums 6.40 Marvel Loch 6.40 Esperance 6.40 3. Meekatharra 10.70 Mount Magnet 10.70 Wiluna 10.70 Laverton 10.70 Leonora 10.70 Cue 10.70 4. Warburton Mission 28.80 Carnarvon 10.20 5. Fitzroy Crossing 28.80 Halls Creek 28.80 Turner River Camp 28.80 Nullagine 28.80 Abydos Research Station 26.70 Liveringa (Camballin) 26.70 Marble Bar 26.70 Wittenoom 26.70 PortHedland 23.20 6. Nil — 2806 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. Provided that the allowances prescribed in Column "A" shall operate from the beginning of the first pay period commencing on or after 1st January, 1982. (5) (a) A married male employee whose spouse is not employed by the Government shall be paid double the weekly allowance expressed herein for the district or town in which he is employed. (b) An employee, other than a married male employee, who supplies proof that he or she is the main support of relatives or dependants resi- dent within the State shall be paid double the weekly allowance expressed herein for the dis- trict or town in which he or she is employed. (c) In no circumstance shall the weekly allow- ances paid to a married couple by Government employers exceed double the allowance pre- scribed herein nor be less than that amount. (d) The rates of allowance prescribed herein shall be adjusted every 12 months in accordance with variations in the "Consumer Price Index" for Perth for the period ending December 31st each year. The adjustment to the rates shall be effective from the beginning of the first pay period to commence on or after the 1st day of January in each year. (e) Where an employee is on annual leave, he shall be paid for the period of such leave the dis- trict allowance to which he would ordinarily be entitled. (f) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he shall only be paid district allow- ance for the period of such leave he remains in the district in which he is employed. (g) Liberty is reserved to the Union to make application to amend this clause with respect to towns which attract allowances different from that applying generally to that district. (h) Nothing in this clause shall operate so as to reduce the district allowance being paid at the date of this order to any employee. (i) Where an employee is provided with free board and lodging by the employer the allow- ances prescribed herein shall be reduced to two- thirds of the full allowance. HOSPITAL LAUNDRY AND LINEN SERVICE (Government). Award No. 11 of 1975. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 452 of 1982. Between Transport Workers Union of Australia, In- dustrial Union of Workers, Western Australian Branch, Applicant and Hospital Laundry and Linen Service and Others, Respondents. Order. HAVING heard Mr J. Gerritsen and later Mr J. J. O'Connor on behalf of the applicant and Mr D. Buttel on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the In- dustrial Arbitration Act, 1979 hereby orders— That the Hospital Laundry and Linen Service (Government) Award No. 11 of 1975 be varied in accordance with the following schedule and that such variation shall have effect as from the be- ginning of the first pay period commencing on or after the 1st day of September, 1982. Dated at Perth this 27th day of October, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. Schedule. Clause 28.—Wages: Delete paragraph (e) and in- sert:— (e) Driver of motor vehicle— Under 1.2 tonnes capacity First year of employment 259.50 Second year of employment.... 262.30 Third year of employment and thereafter 265.40 Exceeding 1.2 tonnes capacity but not exceeding 3 tonnes ca- pacity First year of employment 262.00 Second year of employment.... 264.80 Third year of employment and thereafter 267.60 Exceeding 3 tonnes but under 6 tonnes capacity First year of employment 264.90 Second year of employment.... 267.70 Third year of employment and thereafter 270.50 TRANSPORT WORKERS (S.E.C.) Award No. 40 of 1965. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 453 of 1982. Between Transport Workers Union of Australia, In- dustrial Union of Workers, Western Australian Branch, Applicant, and State Energy Com- mission, Respondent. Interim Order. HAVING heard Mr J. Gerritsen and later Mr J. J. O'Connor on behalf of the applicant and Mr T. A. Lemmon on behalf of the respondent the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby or- ders— That the Transport Workers (State Energy Commission) Award No. 40 of 1965 be varied in accordance with the following schedule and that such variation shall have effect on a flat basis as from the beginning of the first pay period com- mencing on or after the 1st day of September, 1982 and for all purposes of the award from the beginning of the first pay period commencing on or after the 25th day of October, 1982. Dated at Perth this 27th day of October, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. Schedule. 1. Clause 19.—Meals: Delete subclause (1) and subclause (2) and insert in lieu thereof:— 19.—Meals. (1) A worker required to work overtime for more than one and a half hours without being notified on the previous day or earlier that he will be so required to work, shall be supplied with any meal required by the employer or paid $3.65 for a meal. (2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he has notified the workers concerned on the previous day or earlier that such second or subsequent meal will also be required, provide such meals or pay an amount of $2.55 for each second or subsequent meal. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2. Clause 29—Wages: Delete Clause 29 and insert in lieu:— 29.—Wages. Weekly wage (1) Truck Drivers (a) of vehicle (not articulated) not exceeding 1.2 tonnes ca- pacity 232.50 exceeding 1.2 tonnes but not exceeding 3 tonnes capacity 235.00 exceeding 3 tonnes but under 6 tonnes capacity 237.90 6 tonnes and over but under 7 tonnes 238.50 7 tonnes and over but under 8 tonnes 240.00 8 tonnes and over but under 9 tonnes 240.30 9 tonnes and over but under 10 tonnes 240.80 10 tonnes and over but under 11 tonnes 241.40 11 tonnes and over but under 12 tonnes 242.20 12 tonnes and over but under 13 tonnes 242.90 13 tonnes and over but under 14 tonnes 243.70 14 tonnes and over but under 15 tonnes 244.40 15 tonnes and over but under 16 tonnes 245.00 16 tonnes and over but under 17 tonnes 245.30 17 tonnes and over but under 18 tonnes 245.90 18 tonnes and over but under 19 tonnes 246.50 19 tonnes and over but under 20 tonnes 247.10 20 tonnes and over but under 21 tonnes 248.00 21 tonnes and over but under 22 tonnes 248.80 22 tonnes and over but under 23 tonnes 249.10 23 tonnes and over 249.40 Driver of motor vehicle (not being a tractor) drawing a trailer, for a loaded single axle trailer—$1.12 per day extra, or for an empty single axle trailer—63 cents per day extra. For any other loaded trailer—$1.45 per day extra or for any other empty trailer—82 cents per day extra. (b) of articulated vehicles not exceeding 9 tonnes capacity. 244.10 9 tonnes and over but under 10 tonnes 244.90 10 tonnes and over but under 11 tonnes 245.20 11 tonnes and over but under 12 tonnes 245.70 12 tonnes and over but under 13 tonnes 246.00 13 tonnes and over but under 14 tonnes 246.70 14 tonnes and over but under 15 tonnes 247.70 15 tonnes and over but under 16 tonnes 248.10 Weekly wage $ 16 tonnes and over but under 17 tonnes 248.90 17 tonnes and over but under 18 tonnes 249.30 18 tonnes and over but under 19 tonnes 250.10 19 tonnes and over but under 20 tonnes 250.90 20 tonnes and over but under 21 tonnes 251.30 21 tonnes and over but under 22 tonnes 251.80 22 tonnes and over but under 23 tonnes 252.70 23 tonnes and over but under 24 tonnes 253.40 24 tonnes and over but under 25 tonnes 253.80 25 tonnes and over but under 26 tonnes 254.10 26 tonnes and over but under 27 tonnes 254.70 27 tonnes and over but under 28 tonnes 255.70 28 tonnes and over but under 29 tonnes 256.20 29 tonnes and over but under 30 tonnes 256.80 30 tonnes and over but under 31 tonnes 257.30 31 tonnes and over but under 32 tonnes 258.20 32 tonnes and over but under 33 tonnes 258.90 over 33 tonnes 259.20 (c) of double articulated vehicle or road train 46 tonnes and over but under 47 tonnes 270.70 (2) (a) Driver of Fork Lift with lifting capacity of (i) up to and including 4 500 kg 237.90 (ii) over 4 500 kg and up to 9 000 kg. 240.80 (iii) over 9 000 kg 241.40 (b) Where two or more mobile cranes or fork lifts are engaged on any one lift, the drivers thereof shall be paid an ad- ditional amount for the time so occupied at the rate of $2.20 per week. (3) Tractor Driver 237.10 (4) In addition to the rates prescribed in subclauses (1), (2) and (3) of this clause, a special payment of $37.00 per week shall be paid for all purposes of the award. 3. Clause 31.—District Allowance: Delete subclause (3) and subclause (4) and insert in lieu thereof: (3) The weekly allowance payable to workers employed in the districts of the State described in subclause (2) of this clause are as follows: District S 1 Nil 2 4.80 3 6.80 4 10.70 5 21.40 6 26.20 Provided that the allowances prescribed in Column "A" shall operate from the beginning of the first pay period commencing on or after 1st January, 1982. 22201—8 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (4) Workers employed in the towns shown hereunder in the districts referred to in subclause (2) of this clause, shall be paid the fol- lowing allowances in lieu of the rates prescribed in subclause (3) of this clause. District Town 1. Nil.. 2. Kalgoorlie 1-60 Ravensthorpe 6.40 Norseman 6.40 Salmon Gums 6.40 Marvel Loch 6.40 Esperance 6.40 3. Meekatharra 10.70 Mount Magnet 10.70 Wiluna 10.70 Laverton 10.70 Leonora 10.70 Cue 10.70 4. Warburton Mission 28.80 Carnarvon 10.20 5. Fitzroy 28.80 Halls Creek 28.80 Turner River Camp 28.80 Nullagine 28.80 Abydos Research Station 26.70 Liveringa (Camballin) 26.70 Marble Bar 26.70 Wittenoom 26.70 PortHedland 23.20 6. Nil Nil Provided that the allowances prescribed in Column "A" shall operate from the beginning of the first pay period commencing on or after 1st January, 1982. HOSPITAL SALARIED OFFICERS. Award No. 39 of 1968. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 814 of 1981. Between Hospital Salaried Officers Association of Western Australia (Union of Workers), Appli- cant, and Royal Perth Hospital and Others, Re- spondents. Order. HAVING heard Mr G. N. Hocking on behalf of the Applicant and Mr J. V. Eftos on behalf of the Re- spondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby orders— That the Hospital Salaried Officers' Award No. 39 of 1968 be amended in accordance with the following schedule. Dated at Perth this 26th day of October, 1982. (Sgd.) G. L. FIELDING, [L.S.l Commissioner. Schedule. Schedule C—Salaries—Professional Division: De- lete Table C12—Audiologists from this Schedule and insert in lieu thereof:— Table C12. Audiologists. Level 1 $ 1st year 14 351 2nd year 15 263 3rd year 16 456 4th year 17 370 5th year 18134 6th year 18 936 7th year 19 891 Level 2 1st year 20 727 2nd year 21 148 3rd year 21649 4th year 22 536 Award No. 39 of 1968. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 697 of 1982. Between Hospital Salaried Officers Association of Western Australia (Union of Workers), Appli- cant, and Royal Perth Hospital and Others, Re- spondents. Order. HAVING heard Mr G. N. Hocking on behalf of the Applicant and Mr J. V. Eftos on behalf of the Re- spondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby orders— That the Hospital Salaried Officers' Award No. 39 of 1968 be amended in accordance with the following schedule. Dated at Perth this 26th day of October, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. Schedule F—Classification and Grading of Workers in Professional Division:— 1. Delete under the heading "Royal Perth Hospi- tal" the items titled "Chief Pharmacist" and "Deputy Chief Pharmacist" and in sert in lieu thereof:— Chief Pharmacist C2 8 Deputy Chief Pharmacist C2 6 2. Delete under the heading "Sir Charles Gairdner Hospital" the item titled "Chief Pharmacist" and in- sert in lieu thereof:— Chief Pharmacist C2 7 3. Delete under the heading "Fremantle Hospital" the item titled "Chief Pharmacist" and insert in lieu thereof:— Chief Pharmacist C2 7 24th November, 1982.] 4. Delete under the heading "Princess Margaret Hospital" the item titled "Chief Pharmacist" and in- sert in lieu thereof:— Chief Pharmacist C2 7 5. Delete under the heading "King Edward Mem- orial Hospital" the item titled "Chief Pharmacist" and insert in lieu thereof:— Chief Pharmacist C2 7 INDEPENDENT SCHOOLS' TEACHERS. Award No. 27 of 1976. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 762 of 1982. Between Independent Schools Salaried Officers' As- sociation of Western Australia, Industrial Union of Workers, Applicant, and Aquinas College and Others, Respondents. Order. HAVING heard Mr W. F. C. Martin on behalf of the Applicant and Mr C. D. Lambert on behalf of the Re- spondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act 1979, and by consent, hereby orders— That the Independent Schools' Teachers' Award No. 27 of 1976 be amended in accordance with the following schedule, with effect on and from 11th October, 1982. Dated at Perth this 21st day of October, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. 1. Delete subclause (1) of Clause 11.—Salaries and insert in lieu thereof:— The minimum annual rate of salary payable to teachers engaged in the undermentioned classifi- cations shall be as set out below. Column 3 Three Column 4 Year Teacher Trained hold- Teacher ing—(1) holding a University Teacher's Degree Certifi- and cate, or Diploma a Teacher of holding a Education; University or (2)_ Degree University (other Degree than and Column 2 Bachelor Teacher's Two Year of Certi- Trained Edu- ficate; Teacher cation) or (3) holding a Teacher's but not a Bachelor Teacher's of Certifi- Certifi- Education cate. cate. Degree. 1st year's experience 11 700 13 387 15 906 17 053 2nd year 12 553 14199 16 830 18174 3rd year 13 371 14 991 17 753 19 285 4th year 14 199 15 906 18 660 20 395 5th year 15 906 16 830 19 565 21 505 6th year 16 830 17 753 20 471 22 453 7th year 17 753 18 660 21 013 23 395 8th year — 19 565 21 554 24 345 9th year — 20 471 — — 10th year — 21013 — — A two year trained teacher holding a Teacher's Certificate and employed as a full time teacher shall be paid a salary of not less than $14 199 per annum. MEAT INDUSTRY (State). Award No. 9 of 1979. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 690 of 1982. Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant and Meat and Allied Trades Federation of Australia (Western Aus- tralian Division) Union of Employers, Perth and Others, Respondents. Order. HAVING heard Mr J. Gerritsen on behalf of the ap- plicant and Mr R. A. Heaperman on behalf of respon- dents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979 hereby orders— That the "Meat Industry (State)" Award No. R9 of 1979 as varied, be further varied in accord- ance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 26th day of October, 1982. Dated at Perth this 26th day of October, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement: Add after the numerals and words 36. Board of Reference, the numerals and words, 37. Maternity Leave. 2. Add after Clause 36.—Board of Reference, a new clause, 37.—Maternity Leave, in the following terms: 37.—Maternity Leave. (1) Eligibility for Maternity Leave: An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medi- cal practitioner stating the presumed date of her con- finement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave. For the purposes of this clause— (a) An employee shall include a part-time em- ployee, but shall not include an employee engaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid ma- ternity leave. (2) Period of leave and commencement of leave: (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an un- broken period of from 12 to 52 weeks and shall include a period of six weeks' compul- sory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) An employee shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to com- mence maternity leave, stating the period of leave to be taken. (d) An employee shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date. 10 w rembi sr, 1982. (3) Transfer to a safe job: (a) Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to con- tinue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. (b) If the transfer to a safe job is not practi- cable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of period of maternity leave: (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of maternity leave: (a) Maternity leave, applied for but not com- menced, shall be cancelled when the preg- nancy of a worker terminates other than by the birth of a living child. (b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of no- tice in writing by the employee to the em- ployer that she desires to resume work. (6) Special maternity leave and sick leave: (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certified as necessary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly quali- fied medical practitioner certifies as necessary before her return to work. (b) Where an employee not then on maternity leave, suffers illness related to her preg- nancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) An employee returning to work after the completion of a period of leave taken pursu- ant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave, or, in the case of an employee who was transferred to a safe job pursuant to subclause (3) to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly compar- able in status and salary or wage to that of her former position. (7) Maternity Leave and other leave entitlements: Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not ex- ceed 52 weeks— (a) An employee may, in lieu of or in conjunc- tion with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on ma- ternity leave. (8) Effect of maternity leave on employment: Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee, but shall not be taken into account in calculating the period of ser- vice for any purpose of the award. (9) Termination of employment: (a) An employee on maternity leave may ter- minate her employment at any time during the period of leave by notice given in accord- ance with this award. (b) An employer shall not terminate the em- ployment of an employee on the ground of her pregnancy or of her absence on ma- ternity leave, but otherwise the rights of an employer in relation to termination of em- ployment are not hereby affected. (10) Return to work after maternity leave: (a) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of ma- ternity leave. (b) An employee, upon the expiration of the no- tice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the em- ployee is qualified and the duties of which she is capable of performing, she shall be en- titled to a position as nearly comparable in status and salary or wage to that of her for- mer position. (11) Replacement Employees: (a) A replacement employee is an employee specifically engaged as a result of an em- ployee proceeding on maternity leave. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2811 (b) Before an employer engages a replacement employee under this subclause, the em- ployer shall inform that person of the tem- porary nature of the employment and of the rights of the employee who is being re- placed. (c) Before an employer engages a person to re- place an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement employee. (e) A replacement employee shall not be en- titled to any of the rights conferred by this clause except where her employment con- tinues beyond the 12 months' qualifying period. MEAT INDUSTRY (W.A. Lamb Marketing Board). Award No. 37 of 1981. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 693 of 1982. Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant and Western Aus- tralian Lamb Marketing Board, Respondent. Order. HAVING heard Mr J. Gerritsen on behalf of the ap- plicant and Mr R. A. Heaperman on behalf of the re- spondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Ar- bitration Act, 1979 hereby orders— That the "Meat Industry (Western Australian Lamb Marketing Board)" Award No. R37 of 1982 as varied, be further varied in accordance with the following schedule and that such vari- ation shall have effect as from the beginning of the first pay period commencing on or after the 26th day of October, 1982. Dated at Perth this 26th day of October, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. MEATINDUSTRY (State). Award No. 9 of 1979. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 668 of 1982. Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Meat and Allied Trades Federation of Australia (Western Aus- tralian Division) Union of Employers, Perth and Others, Respondents. Order. HAVING heard Mr J. Gerritsen on behalf of the ap- plicant, Mr R. A. Heaperman on behalf of the Meat and Allied Trades Federation of Australia (Western Australian Division) Union of Employers, Perth, and Mr J. N. Uphill on behalf of other respondents, and by consent the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the "Meat Industry (State)" Award No. R9 of 1979 as varied, be further varied in accord- ance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 2nd day of November, 1982. Dated at Perth this 2nd day of November, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. Schedule. Clause 9.—Rates of Wages: Delete subclause (2) of this clause and insert in lieu:— (2) Adult employees (supermarkets)— $ (a) Supermarket butcher 274.30 (b) Wrapper/packer/pricer/cabinet attendant 232.30 Schedule. 1. Clause 2.—Arrangement: Add after the numerals and words 25. Breakdowns, the numerals and words 26. Maternity Leave. 2. Add after Clause 25.—Breakdowns, a new clause, 26.—Maternity Leave, in the following terms: 26.—Maternity Leave. (1) Eligibility for Maternity Leave: An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medi- cal practitioner stating the presumed date of her con- finement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave. For the purposes of this clause— (a) An employee shall include a part-time em- ployee, but shall not include an employee engaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid ma- ternity leave. (2) Period of leave and commencement of leave: (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an un- broken period of from 12 to 52 weeks and shall include a period of six weeks' compul- sory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) An employee shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to com- mence maternity leave, stating the period of leave to be taken. (d) An employee shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date. 2812 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. (3) Transfer to a safe job: (a) Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to con- tinue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. (b) If the transfer to a safe job is not practi- cable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of period of maternity leave: (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less that 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of maternity leave: (a) Maternity leave, applied for but not com- menced, shall be cancelled when the preg- nancy of a worker terminates other than by the birth of a living child. (b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of no- tice in writing by the employee to the em- ployer that she desires to resume work. (6) Special maternity leave and sick leave: (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certified as necessary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly quali- fied medical practitioner certifies as necessary before her return to work. (b) Where an employee not then on maternity leave, suffers illness related to her preg- nancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) An employee returning to work after the completion of a period of leave taken pursu- ant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave, or, in the case of an employee who was transferred to a safe job pursuant to subclause (3) to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly compar- able in status and salary or wage to that of her former position. (7) Maternity Leave and other leave entitlements: Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not ex- ceed 52 weeks— (a) An employee may, in lieu of or in conjunc- tion with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on ma- ternity leave. (8) Effect of maternity leave on employment: Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee, but shall not be taken into account in calculating the period of ser- vice for any purpose of the award. (9) Termination of employment: (a) An employee on maternity leave may ter- minate her employment at any time during the period of leave by notice given in accord- ance with this award. (b) An employer shall not terminate the em- ployment of an employee on the ground of her pregnancy or of her absence on ma- ternity leave, but otherwise the rights of an employer in relation to termination of em- ployment are not hereby affected. (10) Return to work after maternity leave: (a) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of ma- ternity leave. (b) An employee, upon the expiration of the no- tice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the em- ployee is qualified and the duties of which she is capable of performing, she shall be en- titled to a position as nearly comparable in status and salary or wage to that of her for- mer position. (11) Replacement Employees: (a) A replacement employee is an employee specifically engaged as a result of an em- ployee proceeding on maternity leave. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2813 (b) Before an employer engages a replacement employee under this subclause, the em- ployer shall inform that person of the tem- porary nature of the employment and of the rights of the employee who is being re- placed. (c) Before an employer engages a person to re- place an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement employee. (e) A replacement employee shall not be en- titled to any of the rights conferred by this clause except where her employment con- tinues beyond the 12 months' qualifying period. MEAT INDUSTRY (W.A. Meat Commission— Robb Jetty Division). Award No. 16 of 1976. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 692 of 1982. Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant and Western Aus- tralian Meat Commission—Robb Jetty Division, Respondent. Order. HAVING heard Mr J. Gerritsen on behalf of the ap- plicant and Mr S. Home on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979 hereby orders— That the "Meat Industry (Western Australian Meat Commission—Robb Jetty Division)" Award No. 16 of 1976 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 26th day of October, 1982. Dated at Perth this 26th day of October, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement: Add after the numerals and words—31.—Mixed Kill—Additional Conditions of Employment, the numerals and words— 32.—Maternity Leave. 2. Add after Clause 31.—Mixed Kill—Additional Conditions of Employment, a new Clause 32.—Maternity Leave, in the following terms: 32.—Maternity Leave. (1) Eligibility for Maternity Leave: An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medi- cal practitioner stating the presumed date of her con- finement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave. For the purposes of this clause— (a) An employee shall include a part-time em- ployee, but shall not include an employee engaged upon casual or seasonal work; (b) Maternity leave shall mean unpaid ma- ternity leave. (2) Period of leave and commencement of leave: (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an un- broken period of from 12 to 52 weeks and shall include a period of six weeks' compul- sory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) An employee shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to com- mence maternity leave, stating the period of leave to be taken. (d) An employee shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date. (3) Transfer to a safe job: (a) Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to con- tinue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. (b) If the transfer to a safe job is not practi- cable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of period of maternity leave: (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of maternity leave: (a) Maternity leave, applied for but not com- menced shall be cancelled when the preg- nancy of a worker terminates other than by the birth of a living child. (b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of no- tice in writing by the employee to the em- ployer that she desires to resume work. (6) Special maternity leave and sick leave: (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certified as necessary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly quali- fied medical practitioner certifies as necessary before her return to work. (b) Where an employee not then on maternity leave, suffers illness related to her preg- nancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) An employee returning to work after the completion of a period of leave taken pursu- ant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave, or, in the case of an employee who was transferred to a safe job pursuant to subclause (3) to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly compar- able in status and salary or wage to that of her former position. (7) Maternity Leave and other leave entitlements: Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not ex- ceed 52 weeks— (a) An employee may, in lieu of or in conjunc- tion with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on ma- ternity leave. (8) Effect of maternity leave on employment: Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee, but shall not be taken into account in calculating the period of ser- vice for any purpose of the award. (9) Termination of employment: (a) An employee on maternity leave may ter- minate her employment at any time during the period of leave by notice given in accord- ance with this award. (b) An employer shall not terminate the em- ployment of an employee on the ground of her pregnancy or of her absence on ma- ternity leave, but otherwise the rights of an employer in relation to termination of em- ployment are not hereby affected. (10) Return to work after maternity leave: (a) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of ma- ternity leave. (b) An employee, upon the expiration of the no- tice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the em- ployee is qualified and the duties of which she is capable of performing, she shall be en- titled to a position as nearly comparable in status and salary or wage to that of her for- mer position. (11) Replacement Employees: (a) A replacement employee is an employee specifically engaged as a result of an em- ployee proceeding on maternity leave. (b) Before an employer engages a replacement employee under this subclause, the em- ployer shall inform that person of the tem- porary nature of the employment and of the rights of the employee who is being re- placed. (c) Before an employer engages a person to re- place an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement employee. (e) A replacement employee shall not be en- titled to any of the rights conferred by this clause except where her employment con- tinues beyond the 12 months' qualifying period. MENTAL HEALTH NURSES CONSOLIDATED. Award No. 13 of 1947. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 832 of 1981. Between West Australian Psychiatric Nurses Associ- ation (Union of Workers), Applicant, and Hon. Minister for Health, Respondent. Before Mr Commissioner G. L. Fielding. The 4th day of November, 1982. Mr R. G. Pike on behalf of the Applicant. Mr A. R. Basell on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: The Mental Health Nurses' Consolidated Award of 1981 by Clause 18 refers to uniforms. It provides:— 18.—Uniforms. (1) A first issue of uniforms for male nurses shall be supplied within three months of being appointed, and thereafter they shall receive issues of uniforms once in every 12 months. (2) Raincoats and hats shall be issued as agreed between the parties. 24th November, 1982.] W iTTE. 2815 The uniform for male nurses comprises of a white shirt and grey trousers and for female nurses of a dress or slack suit. Those items of clothing together with certain other apparel not relevant to these pro- ceedings are supplied by the Respondent. Except for the cape supplied to female nurses, no coat, jacket or cardigan or other top coat is supplied to the nurses. That appears to have always been the case with re- spect to female nurses. Up until approximately a year ago it was not the case so far as male nurses were con- cerned. For many years prior thereto, the uniform for male nurses consisted of a suit and, as such, male nurses were of course supplied with a coat. For vari- ous reasons the suit and in particular the coat were found to be unsatisfactory to the male nurses and after discussions between the parties, the male uni- form was altered to its present form. The Applicant seeks to amend the Award to re- quire that the Respondent issue uniforms to both male and female nurses, and to prescribe an inventory of the clothing making up the uniform in each case. It seeks to have included in that inventory one "coat, jacket or cardigan" for the male uniform and one "cardigan and cape" for the female uniform. This part of the Applicant's claim is put on the basis that the nurses often have to work in very cold con- ditions. Its proposition is that hospitals where the nurses work in the main consist of open, single-storey buildings, which with few exceptions are not air-con- ditioned, and are poorly insulated. As well, the build- ings are scattered over a wide area and nurses often have to work in and around the curtilage of the build- ings. They are thus exposed to the elements of nature in the course of their duties more than are nurses working in other hospitals. Further, there is some- times a need for the nurses to take patients to places where they mix with the public, and it is the desire of the nurses that they be suitably dressed for that pur- pose. In most of the other States, some form of top coat is provided for nurses working in the various Mental Health Services, and that, the Applicant ar- gues, provides a good guide for what is appropriate in this State. The Respondent claims it ought not to have to supply such garments since they are no longer part of the uniform, but are part of the normal working at- tire which ought as in most other industries be the obligation of the employee to provide. In support of its stand in the matter, the Respondent referred to a number of cases in which this Commission and indus- trial tribunals elsewhere in the land have held that there was no obligation on employers to provide working clothes in circumstances such as those under review on this occasion. The attitude of this Commission and of others else- where in the country with respect to the provision of working clothes, is that employers should not be re- quired to supply working clothes or maintain them because provision is contained in the wage structure "for normal and reasonable needs for the clothing of the wage earner". (See: BHP Employees Award (Appeal) Case (1974) 41 SAIR 1, 5.) That view was endorsed in the Water Sewerage and Drainage Em- ployees (Government) Award Case (1977) 57 W.A.I.G. 1417, and more recently in the Wharves and Ships' Watchmen Award Case (1980) 60 W.A.I.G. 376 (See too: In re Swan Brewery Construc- tion Site Case (1977) 57 W.A.I.G. 548); and it is of long standing, as the authorities to which the Re- spondent refers the Commission show. There is little to be gained in setting out those authorities on this occasion. They all clearly indicate that employees are expected to provide their own working attire, unless the nature of the work or the circumstances under which it is to be performed are such as to necessitate the use of particular clothing. Those circumstances have generally been taken to be a requirement by the employer for the employee to wear a uniform, the need to wear special clothing as a protective device, or the need to wear distinctive clothing by reason of the employee's vocation. This claim does not fit eas- ily into any of the categories normally relied upon to justify the provision of working apparel. By any standard, on the information adduced in these proceedings, there is very little to support the Applicant's claim for a cardigan or other jacket. The conditions under which nurses are required to work from time to time may well be cold, but that is so for many employees. It is a normal incident of daily life that people wear clothes to protect against the cold, whether at the workplace or elsewhere. Such clothing is as much a normal part of the wearing apparel as are one's shoes which protect the feet from cold or other disabilities. I suspect that domestic staff, for example, who work about the hospital and its curtilage have to work in the cold from time to time. They, like employees in most other industries, are not provided with a cardigan or the like to protect them from that cold. It is difficult to see why these nurses should be any different. The evidence does not suggest that by reason of their work the atmos- phere is abnormally cold. Although the circum- stances were not identical, the Commission recently refused a claim by some in the building industry, for a "jacket appropriate for work in the winter". (See: In re Wagerup Aluminium Refinery Site (1981) 61 W.A.I.G. 1785, 1787). Nothing put in these proceed- ings indicates that the case for these nurses is any stronger than the case put on this occasion. (See too: In re Commercial Travellers' Award (State) (1977) AR (NSW) 796, 808). There is little or no evidence to support the contention that nurses, by reason of the state of the patients they nurse, frequently find their cardigans damaged or soiled in the course of their duties. Such evidence as there was would not suggest that such a happening occurred often, and when it did the damage is made good by the Respondent. Although it seems that in most other States nurses who work in Mental Health Services are supplied with either coats or cardigans or both, the evidence does not indicate under what circumstances that pro- vision is made. It is not clear, for example, whether those garments are provided because there is a re- quirement that the nurses wear those garments as part of a uniform. Conformity for conformity's sake is not enough on which to base such a claim as this. The evidence is that there is no requirement for any par- ticular cardigan or apparel to be worn, the only re- quirement being that which is common to most workplaces, that nurses should be reasonably attired. The Applicant seeks to retain in the Award pro- vision that uniforms be supplied annually to males and to have the Award provide that they be replaced on an "as condemned" basis for females. That appar- ently accords with the current practice, although the Award is silent as to the requirement with respect to uniforms for females. The Applicant contends that replacement on an annual basis avoids disputes relat- ing to the need or otherwise to replace the garments. Why it should be different for female nurses is not clear. Although the Applicant in the claim asks that uniforms be issued on an annual basis for male nurses, it also asks that "all worn or damaged uni- forms shall be replaced by the employer". Thus in es- sence it seeks that the uniform be replaced on an "as condemned" basis, but any part thereof not con- demned after one year to be replaced in any event. Whether a part of a uniform continues to be in a state suitable to be worn at work is, I should have thought, best determined by the circumstances of usage rather than by the passage of time. It has to be acknowledged that the replacement of uniforms on an annual basis will to some extent prevent argu- ments over the condition of the apparel comprising the uniform, but it will not entirely do so unless the uniform is to be replaced on an annual basis, and on 2816 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. an annual basis only. That is not the Applicant's pro- posal. Such evidence as there was suggested that there had not been any insurmountable problems with respect to the replacement, of the uniforms for the female nurses and that would appear to be borne out by the Applicant's proposal that the existing practice continue. The evidence is also the the male nurses are the only personnel who have their uni- forms replaced on an annual basis. 1 can see little point in the Award providing for dif- fering methods of replacement of the two uniforms. For the reasons outlined, I consider the practice ap- plying in the case of the female nurses to be the most appropriate of the two methods of replacement. However, the Award since its inception has provided for annual replacement of the uniform worn by the male nurses. The matters raised by the Respondent on this occasion would have been valid when the Award was pronounced, yet the Respondent con- sented to it in its present form. Why in the circum- stances that was so is not clear. Whatever might be the practice for other callings in the Mental Health Services of this State, the Hospital Employees (Ward Assistants—Mental Health Services) Award provides in Clause 21 for the annual replacement of uniforms, as to some extent does the Hospital Workers (Government) Award for some callings employed in the Mental Health Services. Because provision already exists for annual replacement of uniforms worn by males, and because different practices for re- placement have existed for some time, I am prepared to incorporate it into the Award, although I do so somewhat reluctantly. The Respondent has not dis- charged the onus it bears to justify the change in the present conditions. The remaining issue between the parties concerns the need for the Award to contain an inventory of the apparel comprising the two uniforms. There is no dis- pute as to what items should comprise the uniform except for the cardigan, nor to the quantity of each item of the uniform to be issued to each nurse. The argument between the parties is as to the extent to which the requirement to issue a uniform should be provided in the Award. The Applicant says it is en- titled to have all of its terms of employment recorded in the fullest details in the Award, whereas the Re- spondent says flexibility is lost if the uniform is itemised in the way in which the Applicant claims. The great bulk of Awards of this Commission and in- deed of other industrial tribunals in this country, simply provide a requirement for the employer to supply a uniform without specifying the items which make up that uniform, and that is the course I pro- pose to follow on this occasion. As the discussions which led to the change of the uniform for males in- dicate, there are obvious benefits in dealing with the matter in that way. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 832 of 1981. Between West Australian Psychiatric Nurses Associ- ation (Union of Workers), Applicant, and Hon. Minister for Health, Respondent. Order. HAVING heard Mr R. G. Pike on behalf of the Ap- plicant and Mr A. R. Basell on behalf of the Respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979, hereby orders— That the Mental Health Nurses' Consolidated Award No. 13 of 1947 be amended in accordance with the following schedule. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. Delete Clause 18.—Uniforms, and substitute in lieu thereof the following:— 18.—Uniforms. (1) A first issue of uniforms for nurses shall be supplied within three months of each nurse being appointed. (2) Uniforms shall be replaced as and when necessary by reason of wear and damage, pro- vided however that in the case of male nurses the uniform shall in any event be replaced once in every 12 months. (3) Raincoats shall be issued as agreed be- tween the parties. MINERAL SANDS MINING AND PROCESSING INDUSTRY. Award No. 38 of 1981 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 801 of 1982. Between Australian Workers' Union, West Aus- tralian Branch, Industrial Union of Workers, Applicant, and Allied Eneabba Pty. Ltd. and Others, Respondent. Order. HAVING heard Mr M. C. Hall on behalf of the appli- cant and Mr. A. J. Collins on behalf of respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979 hereby orders— That the "Mineral Sands Mining and Pro- cessing Industry" Award No. A38 of 1981, be varied in accordance with the following schedule and that such variation shall have effect on and from the 15th day of October, 1982. Dated at Perth this 15th day of October, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. Schedule Clause 16.—Annual Leave: Delete paragraph (c) of subclause (1) of this clause and insert in lieu:— (1) (c) In addition to the payment prescribed in paragraph (b) hereof, an employee shall re- ceive a loading calculated on the rate of wage prescribed by that paragraph. The loading shall be as follows:— (i) Day Workers—an employee who would have worked on day work had he not been on leave—a loading of 17.5 per cent; (ii) Shift Workers—an employee who would have worked on shift work had he not been on leave—a loading of 17.5 per cent. Provided that where the employee would have re- ceived shift loadings prescribed by Clause 10.—Shift Work, Clause 11.—Saturday Work, and Clause 12.—Sunday and Holiday Work, and if applicable payment for work on a regularly rostered sixth shift in not more than one week in any four weeks, had he not been on leave during the relevant period, and such loadings would have entitled him to a greater amount than the loading of 17.5 per cent, then the shift loadings shall be added to the rate of wage pre- scribed by paragraph (b)(ii)(aa) of subclause (1) of this clause, in lieu of the 17.5 per cent loading. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2817 Provided further, that if the shift loadings would have entitled him to a lesser amount than the loading of 17.5 per cent then such loading of 17.5 per cent shall be added to the rate of wage prescribed by para- graph (b)(ii)(aa) of subclause (1) of this clause, in lieu of the shift loadings. The loading prescribed by this paragraph shall not apply to proportionate leave on termination. MOTHERCRAFT HOME AND TRAINING CENTRE NURSES. Award No. 15 of 1965. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 529 of 1982. Between Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant, and Ngal-A Mothercraft Home and Training Centre Inc., Respondent. Order. HAVING heard Mr M. A. Jahn and with him Miss N. I. Ferguson on behalf of the Applicant and Mr R. H. Gifford on behalf of the Respondent, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby orders— That the Nurses' (Mothercraft, Home and Training Centre) Award No. 15 of 1965 be amended in accordance with the following sched- ule, with effect from the beginning of the first pay period commencing on or after the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, fL.S.l Commissioner. Schedule. Clause 22.—Wages: Delete this clause and insert in lieu:— 22.—Wages. (1) Wages shall be paid at least twice per calen- dar month or fortnightly, at the option of the employer, provided that by agreement between the employer and the union, wages may in any particular case be paid once per calendar month. Per week (e) Charge Nurse—Ward partment: 1st year of experience.. 2nd year of experience 3rd year of experience. 4th year of experience. Thereafter or De- 332.80 341.20 349.30 358.40 366.40 In addition to the rates for Charge Nurse a Training School Allowance of $3.00 per week shall be paid (f) Supervisory Nurse: 1st year of experience 2nd year of experience Thereafter (g) Deputy Matron (h) Matron NURSES (Day Care Centres). Award No. 11 of 1976. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 539 of 1982. Between Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant, and Municipality of the City of Nedlands and Others, Respondents. Order. HAVING heard Mr M. A. Jahn and with him Miss N. I. Ferguson on behalf of the Applicant and Mr R. H. Gifford on behalf of the Respondents, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby orders— That the Nurses' (Day Care Centres) Award No. 11 of 1976 be amended in accordance with the following schedule with effect from the be- ginning of the first pay period commencing on or after the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, [L.S.I Commissioner. (2) (a) Trainees: 1st year 2nd year (b) Infant Health Trainee with gen- eral certificate (c) Registered Mothercraft Nurse: 1st year of experience 2nd year of experience 3rd year of experience 4th year of experience Thereafter (d) Registered General Nurse: 1st year of experience.... 2nd year of experience .. 3rd year of experience... 4th year of experience... Thereafter 167.10 183.90 282.90 238.90 244.40 252.30 260.40 268.20 282.90 290.00 300.20 308.60 318.80 Schedule. Clause 20.—Wages: Delete this clause and insert in lieu:— 20.—Wages. Per week $ Registered General Nurse: 1st year of experience after registration 282.90 Thereafter 290.00 Registered Mothercraft Nurse: 1st year of experience after registration 238.90 Thereafter. 2818 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (Dentists Surgeries). Award No. 44A of 1976. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 536 of 1982. Between Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant, and E. A. Adler and Others, Respondents. Order. HAVING heard Mr M. A. Jahn and with him Miss N. I. Ferguson on behalf of the Applicant and Mr R. H. Gifford on behalf of the Respondents, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby orders. That the Nurses' (Dentists Surgeries) Award No. 44a of 1976 be amended in accordance with the following schedule, with effect from the be- ginning of the first pay period commencing on or after the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, [L.S.I Commissioner. Schedule. Clause 21.—Wages: Delete this clause and insert in lieu:— 21.—Wages. The minimum rate of wage payable per week shall be as follows: (1) Registered Dental Nurse: 1st year of experience after registration 247.50 2nd year of experience after registration and thereafter .. 252.80 (2) Registered General Nurse: 1st year of experience after registration 282.90 2nd year of experience after registration and thereafter .. 290.00 NURSES (Doctors Surgeries). Award No. 44 of 1976. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 538 of 1982. Between Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant, and G. M. Bedbrook and Others, Respondents. Order. HAVING heard Mr M. A. Jahn and with him Miss N. 1. Ferguson on behalf of the Applicant and Mr R. H. Gifford on behalf of the Respondents, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby orders— That the Nurses' (Doctors Surgeries) Award No. 44 of 1976 be amended in accordance with the following schedule, with effect from the be- ginning of the first pay period commencing on or after the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, f L.S.I Commissioner. Schedule. Clause 21.—Wages: Delete this clause and insert in lieu thereof the following:— 21.—Wages. The minimum rate of wage payable per week shall be as follows: r. (1) Registered General Nurse: 1st year of experience after registration 282.90 2nd year of experience after registration 290.00 3rd year and thereafter 300.20 (2) Nurse in Charge: 318.80 NURSES (Homes of Peace). Award No. 28 of 1963. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION No. 527 of 1982. Between Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant, and Homes of Peace (Inc.), Respondent. Order. HAVING heard Mr M. A. Jahn and Miss N. I. Ferguson on behalf of the Applicant and Mr R. H. Gifford on behalf of the Respondent, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby orders— That the Nurses' (Homes of Peace) Award No. 28 of 1963 be amended in accordance with the following schedule, with effect from the begin- ning of the first pay period commencing on or after the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, IL.S.l Commissioner. Schedule. Clause 21.—Salaries: Delete this clause and insert in lieu:— 21.—Salaries. (1) Salaries be paid at least twice per calendar month or fortnightly at the option of the employer, provided that by agreement be- tween the employer and the employee con- cerned, the salary may be paid once per cal- endar month. Per week (2) Registered General Nurse: $ 1st year of experience 282.90 2nd year of experience 290.00 3rd year of experience 300.20 4th year of experience 308.60 Thereafter 318.80 Provided that a nurse who is in charge of a ward, department or floor during the off-duty period of a Charge Nurse, in addition to the ap- propriate weekly wage prescribed for the classification of "Registered General Nurse" shall be paid at the rate of $4.00 per week. For the pur- pose of this proviso, "off-duty period" shall mean the period of time between the termination of 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2: 19 duty on one shift and the commence- ment of duty on the next succeeding shift. It shall not include time off on account of meal breaks or rest periods. (3) Charge Nurse: Years of experience as such—1st year 332.80 2nd year 341.20 3rd year 349.30 4th year 358.40 Thereafter 366.40 Provided that a Registered Gen- eral Nurse who is appointed Charge Nurse and who was in receipt of the "thereafter" rate as set out in (2) shall commence on the 2nd year rate as a Charge Nurse. (4) Night Nurse in Charge or Assistant Matron: Average Occupied Beds—171 and under 251 414.40 251 and under 351 427.40 (5) Deputy Matron: (i) Where the daily bed average is under 251 437.50 (ii) Where the daily bed average is 251 or over 454.40 (6) Matron: (i) Where the daily bed average is under 251 521.40 (ii) Where the daily bed average is 251 or over 555.00 Note: Experience for the purpose of subclause (2) of this clause shall mean experience at any registered hospital as a registered nurse. Pro- vided that the employer shall not be required to accept all or any of such experience gained, prior to the requirement of the Nurses Board to undertake a refresher course for the purpose of re-registration when fixing an employee's rate of salary, but shall from then on advance the em- ployee's rate of salary in accordance with the scale in subclause (2) of this clause. NURSES (Independent Schools). Award No. 21B of 1962. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 537 of 1982. Between: Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth Applicant, and Christ Church Grammar School and Others, Re- spondents. Order. HAVING heard Mr M. A. Jahn and with him Miss N. I. Ferguson on behalf of the Applicant and Mr R. H. Gifford on behalf of the Respondents, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby orders— That the Nurses' (Independent Schools) Award No. 21B of 1962 be amended in accord- ance with the following schedule, with effect from the beginning of the first pay period com- mencing on or after the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. Clause 7.—Wages: Delete this clause and insert in lieu:— 7.—Wages. The minimum rate of wages payable to em- ployees covered by this Award shall be as fol- lows: (1) Nurse with less than one year's experience after registration 282.90 (2) Thereafter 290.00 NURSES (Infant and Pre-School Health). Award No. 6 of 1970. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 526 of 1982. Between Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant, and Hon. Minister for Health, Respondent. Order. HAVING heard Mr M. A. Jahn and with him Miss N. I. Ferguson on behalf of the Applicant and Mr A. R. Basell on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the In- dustrial Arbitration Act, 1979, hereby orders— 1. By consent, that the (Nurses' (Infant and Pre-School Health) Award No. 6 of 1970) be amended in accordance with the following schedule. 2. That the above amendment operate from the beginning of the first pay period com- mencing on or after the date hereof. Dated at Perth this 4th day of November 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. Delete Clause 22.—Wages: and insert in lieu thereof the following:— 22.—Wages. $ (1) Supervisor Nursing Services 521.40 (2) Deputy Supervisor 430.80 (3) Nurse in Charge of Correspondence .. 400.80 (4) Senior Correspondence Nurse 390.20 (5) Correspondence Nurse 380.20 (6) Child Health Nurse: 1st Year 341.20 2nd Year 349.30 3rd Year 358.40 4th Year 366.40 Thereafter 374.70 (7) Senior Nurse Educator: 1st Year 427.40 2nd Year 436.50 3rd Year 448.20 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. Award No. 1 of 1966. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 515 of 1982. Between Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant, and Alfred Carson Hospital and Others, Respon- dents. Order. HAVING heard Mr M. A. Jahn and with him Miss N. I. Ferguson on behalf of the Applicant and Mr R. H. Gifford on behalf of the Respondents, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby orders— That the Nurses' (Private Hospitals) Award No. 1 of 1966 be amended in accordance with the following schedule, with effect from the begin- ning of the first pay period commencing on or after the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, [L.S.l Commissioner. Schedule. Clause 28.—Wages: Delete this clause and insert in lieu:— 28.—Wages. The minimum rate of wages per week payable to employees under this award shall be as fol- lows: Per week $ (1) Student Nurse: 1st year 166.30 2nd year 193.90 3rd year 229.50 4th year 247.40 Provided that an enrolled nurse, mothercraft nurse or den- tal nurse undertaking general training shall in the first and second year be paid at the rate prescribed for second year. (2) Registered Midwife or Mid- wifery Trainee with General Certificate 282.90 (3) Registered Mothercraft Nurse— Years of experience: 1st year 238.90 2nd year 244.40 3rd year 252.30 4th year 260.40 Thereafter 268.20 (4) Registered General Nurse— Years of experience: 1st year 2nd year 3rd year 4th year Thereafter Provided that a nurse who is in charge of a ward, department or floor during the off-duty period of a Charge Nurse, in ad- dition to the appropriate weekly wage prescribed for the classifi- cation of "Registered General Nurse" shall be paid at the rate 282.90 290.00 300.20 308.60 318.80 of $4.00 per week. For the pur- $ pose of this provision "off-duty period" shall mean the period of time between the termination of duty on one shift and com- mencement of duty on the next succeeding shift, it shall not in- clude time off on account of meal breaks or rest period. (5) Charge Nurse or Clinical Instructor— Years of experience as such in either classfication: 1st year 332.80 2nd year 341.20 3rd year 349.30 4th year 358.40 Thereafter 366.40 Provided that a registered general nurse who is appointed in charge of an intensive care unit, coronary care unit, or di- alysis unit or of a ward, theatre or department in a teaching hos- pital shall be paid at the rate of $5.00 per week and in a training school at the rate of $3.00 per week in addition to the appro- priate wage rate prescribed for a Charge Nurse. Experience as a Charge Nurse shall be counted as experience as a Clinical Instructor and vice versa. (6) Supervisory Nurse or Nurse Educator— Years of Experience: 1st year 380.20 2nd year 390.20 Thereafter 400.80 (7) Night Nurse in Charge or As- sistant Matron— Average occupied beds: Under 10 332.70 10 and under 31 341.20 31 and under 71 366.40 71 and under 171 400.80 (8) Senior Nurse Educator— Years of experience: 1st year 2nd year Thereafter 427.40 436.50 448.20 (9) Deputy Principal Nurse Edu- cator where the establishment of Nurse Educators is: (i) 10 and under 464.60 (ii) More than 10 491.70 (10) Principal Nurse Educator where the Establishment of Nurse Educators is: (i) 10 and under 504.60 (ii) More than 10 538.40 (11) Deputy Matron— Average occupied beds: Wages per week Hospital $ Group Group A B Under 10 380.10 366.20 10 and under 31 397.30 366.20 31 and under 71 414.10 380.10 71 and under 171 454.40 420.70 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2821 Wages per week Hospital $ Group Group A B (12) Matron— Average occupied beds: Under 10 414.10 397.30 10 and under 31 430.80 414.10 31 and under 71 464.30 430.80 71 and under 171 521.40 487.90 (i) "Experience" shall mean experience at any registered hospital as a registered nurse and shall include midwifery training time. Pro- vided that the employer shall not be re- quired to accept all or any such experience up to the time of engagement when fixing an employee's rate of wage, but shall from then on apply the scale of rates set down in this clause. In the event of a dispute between an employer and the Federation in relation to the method of applying the foregoing the matter shall be referred to the Board of Reference for determination. (ii) The onus of proof of previous experience shall rest on the employee concerned, who shall produce a certificate signed by her pre- vious employer or employers setting out the details of such previous experience. NURSES (Public Health and Industrial). Award No. 25 of 1963. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 525 of 1982. Between Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant and Hon. Minister for Health, Respondent. Order. HAVING heard Mr M. A. Jahn and with him Miss N. 1. Ferguson on behalf of the Applicant and Mr A. R. Basell on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the In- dustrial Arbitration Act, 1979, hereby orders— 1. By consent, that the Nurses' (Public Health and Industrial) Award No. 25 of 1963 be amended in accordance with the following schedule. 2. That the above amendment operate from the beginning of the first pay period com- mencing on or after the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. Schedule. Delete Clause 24.—Wages: a thereof the following:— 24.—Wages. (1) T.B. Nurse; Epidemiology Nurse; School Nurse, Occupational Health Nurse; Mental Health Clinic Nurse and Day Hospital Nurse: 1st year 2nd year Thereafter (2) Community Health Field Nurse: 1st year 2nd year (3) Community Health Regional Super- visor (4) Community Health Assistant Super- visor (5) Community Health Deputy Super- visor; Occupational Health Supervisor (6) Community Health Supervisor (7) Geriatric Services Supervisor (8) School Health Services Supervisor.... (9) (a) A Nurse who is required by her employer to hold a diploma re- lating to her employment shall be paid the following amount: Diploma entailing 12 months' study Diploma entailing 6 months' study (b) A nurse who is required by her employer to hold any of the fol- lowing certificates shall be paid the appropriate allowance per week: Mental Health Midwifery Infant Health Tuberculosis (10) Nurse employed in V.D. Clinics shall be paid an allowance of NURSES (Public Hospitals). Award No. 6 of 1968. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 516 of 1982. Between: Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant, and Minister for Health and Others, Respon- dents. Order. HAVING heard Mr M. A. Jahn and with him Miss N. I. Ferguson on behalf of the Applicant and Mr A. R. Bassell on behalf of the Respondents, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— 1. By consent, that the Nurses (Public Hospi- tals) Award No. 6 of 1968 be amended in ac- cordance with the following schedule. 2. That the above amendment operate from the beginning of the first pay period com- mencing on or after the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. 2822 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. Schedule. Clause 36.—Wages: delete this clause and insert in lieu thereof the following: 36.—Wages. (1) (a) Student Nurse— $ 1st year 166.30 2nd year 193.90 3rd year 229.50 4th year 247.40 (b) Adult Student Nurses. A student nurse who at the commencement is 21 years of age or over shall be paid the next highest rate to that appli- cable to the current year of training, during the training period. A student nurse who turns 21 years of age during a particular year of training shall be paid the next highest rate for the remain- der of that year of training. On completion of that year the student shall be paid, for the following year, the next highest rate to that applicable to the year of training. (c) Provided that a registered nursing aide, mothercraft nurse or dental nurse undertaking general training shall in the first and second year be paid at the rate prescribed for 2nd year. (2) (a) Registered Midwife or Mid- wifery trainee with General Certificate undertaking post basic training in a course ap- proved by the Nurses Regis- tration Board 282.90 (b) Registered General Nurse undertaking post basic training other than midwifery in a course approved by the Nurses Regis- tration Board 290.00 (3) Registered Mothercraft Nurse— 1st year 238.90 2nd year 244.40 3rd year 252.30 4th year 260.40 Thereafter 268.20 (4) Registered General Nurse— 1st year 282.90 2nd year 290.00 3rd year 300.20 4th year 308.60 Thereafter 318.80 Provided that a registered general nurse who is in charge of a ward, de- partment or floor during the off-duty period of a charge nurse, in addition to the appropriate weekly wage pre- scribed for the classification of "Registered General Nurse" shall be paid an allowance equivalent to the difference between the ordinary daily rate of a Registered General Nurse on the thereafter rate and the ordinary daily rate of a first year Charge Nurse. For the purpose of this provision, "off-duty period" shall mean the period of time between the termin- ation of duty on one shift and the commencement of duty on the next succeeding shift. It shall not include time off on account of meal breaks, rest periods or rostered days off duty. (5) Charge Nurse or Clinical Instructor— Years of experience as such in either classification: 1st year 332.80 2nd year 341.20 3rd year 349.30 4th year 358.40 Thereafter 366.40 Provided that a registered general nurse who is appointed in charge of an intensive care unit, coronary care unit or dialysis unit, or of a ward, theatre or department in a teaching hospital shall be paid at the rate of $7.10 per week and in a training school at the rate of $4.30 per week in addition to the appropriate wage rate prescribed for a Charge Nurse. Experience as a Charge Nurse shall be counted as experience as a Clini- cal Instructor and vice versa. (6) Nurse Educator: or Supervisory Nurse 1st year 380.20 2nd year 390.20 Thereafter 400.80 (7) Night Nurse in Charge: or Assistant Matron Average occupied beds— Supervisory 31 and under 71... 71 and under 171. .. 332 70 .. 341 20 .. 366 40 .. 400 80 .. 414 40 .. 427 40 .. 441 00 .. 454 40 (8) Senior Nurse Educator: 1st year 427.40 2nd year 436.50 Thereafter 448.20 (9) Deputy Principal Nurse Educator where the establishment of Nurse Educators is: (i) 10 and under 464.60 (ii) more than 10 491.70 (10) Principal Nurse Educator where the establishment of Nurse Educators is: (i) 10 and under 504.60 (ii) more than 10 538.40 (10A) Nurse in Charge—Bicton Annexe Fremantle Hospital 454.40 (11) Deputy Matron Wages per week Hospital Group ( Average occupied beds— A Under 10 380.10 10 and under 31 397.30 31 and under 71 414.10 71 and under 171 454.40 171 and under 251 471.00 251 and under 351 487.90 351 and under 451 504.60 451 and under 551 521.40 551 and over 538.40 24th November, 1982.] WESTERN AUSTRALIAN IN D U S T RIA L. G A Z ETT E. Wages per week Hospital $ Group Group A B (12) Matron Under 10 414.10 397.30 10 and under 31 430.80 414.10 31 and under 71 464.30 430.80 71 and under 171 521.40 487.90 171 and under 251 555.00 521.40 251 and under 351 588.70 555.00 351 and under 451 622.30 588.70 451 and under 551 655.60 605.60 551 and over 689.30 622.30 Provided that in the case of student nurses the rates shall be varied so as to maintain the per- centage relationship between the rate for the Registered General Nurse first year and the rate now prescribed for a student. (1) Except where otherwise specifically pro- vided, "experience" shall mean experience with any hospital covered by this Award and shall include midwifery and psychiatric training. Provided that experience with hospitals not covered by this Award shall be taken into consideration by the employer in fixing a worker's rate of wage. In the event of a dis- pute between the employer and the Feder- ation in relation to the foregoing, the matter shall be referred to a Board of Reference for determination. (2) The onus of proof of previous experience shall rest on the worker concerned, who shall produce a certificate signed by her pre- vious employer or employers setting out the details of such previous experience. NURSES (Red Cross Blood Transfusion Service). Award No. 16 of 1979. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 530 of 1980. Between Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant, and Red Cross Society, W.A. Division, Respon- dent. Order. HAVING heard Mr M. A. Jahn and with him Miss N. I. Ferguson on behalf of the Applicant and Mr R. H. Gifford on behalf of the Respondent, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby orders— That the Nurses' (Red Cross Blood Transfusion Service) Award No. 16 of 1979 be amended in accordance with the following sched- ule, with effect from the beginning of the first pay period commencing on or after the day hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L FIELDING, [L.S.] Commissioner. Schedule. (3) Clause 19.—Wages: Delete this clause and in- sert in lieu:— 19.—Wages. The minimum rates of pay for employees covered by this award shall be:— Per week $ (1) Enrolled Nurse 1st year of experience after registration 257.60 2nd year of experience after registration 261.30 3rd year of experience after registration 268.90 Special Class 283.00 (The appointment of "Special Class" shall be at the discretion of the em- ployer which may be exer- cised to recognise special skills or resonsibilities not usually required of an en- rolled nurse) (2) Registered General Nurse 1st year of experience after registration 282.90 2nd year of experience after registration 290.00 3rd year of experience after registration 300.20 4th year of experience after registration 308.60 5th year of experience after registration 318.80 (3) Charge Nurse 1st year 332.80 2nd year 341.20 3rd year 349.30 4th year 358.40 5th year 366.40 (4) Director of Nursing 1st year 380.20 2nd year 390.20 3rd year 400.80 Thereafter 412.80 (5) A Registered General Nurse who is re- quired by the employer to perform clinical instruction of nurses shall be paid an allowance per week equal to the difference between the 5th year rate set out in (2) hereof and the 1st year rate set out in (3) hereof. (6) A Registered General Nurse who is re- quired to exercise "In Charge" responsibilities in connection with mo- bile clinics when there is no other Charge or Supervisory Nurse on duty shall be paid an allowance calculated in accordance with (5) hereof. 22201—9 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. Award No. 14 of 1165. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 528 of 1982. Between Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant, and Silver Chain Nursing Association Incorpor- ated, Respondent. Order. HAVING heard Mr M. A. Jahn and with him Miss N. I. Ferguson on behalf of the Applicant and Mr R. H. Gifford on behalf of the Respondent, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, and by consent, hereby orders— That the Nurses' (Silver Chain) Award No. 14 of 1965 be amended in accordance with the fol- lowing schedule, with effect from the beginning of the first pay period commencing on or after the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, [L.S.l Commissioner. Clause 7.- lieu:— Schedule. -Wages: Delete this clause and insert in 7.—Wages. (a) Wages shall be paid at least fortnightly. (b) The minimum rates of wages payable to em- ployees covered by this award shall be as fol- lows:— Per week $ (1) Silver Chain Nurse: First year of service 332.80 Second year of service 341.20 Third year of service 349.30 Fourth year of service 358.40 Thereafter 366.40 (2) Supervisor: First year 380.20 Thereafter 390.20 (3) Assistant Superintendent 451.60 NURSES (Welfare and Corrections). Award No. 3 of 1973. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 524 of 1982. Between Royal Australian Nursing Federation, In- dustrial Union of Workers, Perth, Applicant and Hon. Chief Secretary, Respondent. Order. HAVING heard Mr M. A. Jahn and with him Miss N. I. Ferguson on behalf of the Applicant and Mr A. R. Basell on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the In- dustrial Arbitration Act, 1979, hereby orders— 1. By consent, that the Nurses (Welfare and Corrections) Award No. 3 of 1973 be amended in accordance with the following schedule. 2. That the above amendment operate from the beginning of the first pay period com- mencing on or after the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) G. L. FIELDING, [L.S.l Commissioner. Delete Clause 19.- the following:— Schedule. -Wages and insert in lieu thereof 19.—Wages. The minimum rate of wages per week payable under this award shall be as follows: (1) Classification: Registered General Nurse 1st year 308.60 Thereafter 318.80 Senior Registered General Nurse at Bandyup Female Cor- rection Centre 1st year 332.80 2nd year 341.20 3rd year 349.30 (2) A worker employed for a period of less than two weeks shall be deemed to be a casual worker and be paid 20 per cent on the rates specified in this award. (3) If a casual worker is still required at the end of two weeks she may be re-em- ployed as a casual with payment as aforesaid for another two weeks. SADDLERS AND LEATHER WORKERS. Award No. 7 of 1962. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 814 of 1982. Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers Applicant and Hugo Fischer Pty. Ltd. and Others, respondents. Order. HAVING heard Mr C. Hughes on behalf of the appli- cant and Mr B. P. McCarthy on behalf of respon- dents, and by consent, the Commission, pursuant to the powers conferred on it and the Industrial Arbi- tration Act, 1979 hereby orders— The the "Saddlers and Leather Workers' " Award No. 7 of 1962 as varied, consolidated and varied, be further varied in accordance with the following schedule and that such variation shall have effect from the beginning of the pay periods commencing on or after the dates specified therein. Dated at Perth this 29th day of October, 1982. (Sgd.) G. J. MARTIN, [L.S.l Commissioner. 24th November, 1982.] W 21 ;25 Schedule. -Meal Money: Delete this clause and 8.—Meal Money. A worker required to work overtime for more than two hours without being notified on the previous day or earlier, that he will be so re- quired to work, shall be supplied with any meal required by the employer or paid $3.65 for such meal. If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall unless he has notified the workers concerned on the previous day or earlier, that such a second or subsequent meal will also be required, provide such meals or pay an amount of $3.00 for each second or sub- sequent meal. No such payments need be made to workers living in the same locality as their workshops who can reasonably return home for such meals. If a worker in consequence of receiving such notice has provided himself with a meal or meals and is not required to work overtime, or is re- quired to work less overtime than notified, he shall be paid the amount above prescribed in re- spect of the meals not then required. 2. Clause 9—Wages: Delete this clause and insert in lieu:— 9.—Wages. (1) Adult Employees (total wage per week) Column Column (a) Saddlery and Harness A B Section— $ $ (i) Saddlers— employee manu- facturing and re- pairing saddles 227.10 241.30 (ii) Manufacture and/or repair of harnesses, har- ness, saddles, bridle work and strappings, collars for horses or simi- lar collars, whips. and whipthongs.... 224.70 238.70 (b) Leather Goods Section— All workers engaged in the manufacture of leather goods— First six months of employment on such work 211.80 225.00 Between six and twelve months of employment on such work 215.20 228.60 After twelve months of employment on such work 216.70 230.20 (c) Fibre Goods Section— Manufacture and/or repair or portmanteaux, bags and trunks, suit and attache cases, travel goods, musical instrument and similar cases, covered wireless or radio cases, slither cans, welders and similar in- dustrial masks and other articles as are made of fibre— First six months of employment on such work 210.00 223.10 Between six and 12 months of employ- ment on such work... 211.80 225.00 After 12 months of employment on such work 216.70 230.20 (d) Sporting Goods Sec- tion— Manufacture and/or repair of sporting goods of all descriptions— First six months of employment on such work 211.80 225.00 Between six and 12 months of employ- ment on such work... 215.20 228.60 After 12 months of employment on such work 216.70 230.20 (e) Machine Belting, etc. Section— Manufacture and/or repair of machine belting, gaskets and pump washers or similar articles 211.80 225.00 (f) Sewing Machinist— First six months of employment on such work 211.80 225.00 Between six and 12 months of employ- ment of such work.... 215.20 228.60 After 12 months of employment on such work 216.70 230.20 (g) All Others 210.00 223.10 (2) Junior Employees (per cent of "All Others" Classification)— 16 years of age and under. 17 years of age 18 years of age 19 years of age 20 years of age (3) Apprentices (per cent of Saddler's rate per week) Five-year Term— First year Second year Third year Fourth year Fifth year Four-year Term— First year Second year Third year Fourth year Three and one-half-year Term— First six months Next year Next following year Final year Three-year Term— First year Second year Third year 2826 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. 3. Clause 23.—Leading Hands: Delete this clause and insert in lieu: 23.—Leading Hands. Any worker placed by the employer in charge of other workers shall be paid the following rates in addition to their ordinary rate of wage— $ $ In charge of 1-5 workers 11.00 11.70 In charge of 6-10 workers 13.90 14.80 In charge of 11 or more wor- kers 18.80 20.00 4. Clause 24.—Special Rates: Delete this clause and insert in lieu: 24.—Special Rates. Any worker required to repair goods which are of an unusually dirty or offensive nature shall be paid 20 cents per hour in addition to the ordi- nary rate. Dates of Operation. 5. (1) The rates prescribed in Column A of Clause 9.—Wages, shall operate from the beginning of the first pay period to com- mence on or after 29th October, 1982. (2) The rates prescribed in Column B of Clause 9.—Wages, shall operate from the beginning of the first pay period to com- mence on or after 1st December, 1982. (3) In all other respects, this variation shall have effect as from the beginning of the first pay period commencing on or after the 29th day of October, 1982. AWARDS—Application lor— DEPARTMENT OF MARINE AND HARBOURS HARBOUR MASTERS, RELIEVING HARBOUR MASTERS AND ASSISTANT HARBOUR MASTERS. Award No. 24 of 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. A24 of 1982. Between Merchant Service Guild of Australia, West- ern Australian Section, Union of Workers, Appli- cant, and The Honourable Minister for Marine and Harbours, Respondent. Order. HAVING heard Miss M. H. Kuhne on behalf of the applicant, and Mr S. Home on behalf of the respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be struck out for want of jurisdiction. Dated at Perth this 21st day of October, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. LABORATORY AND TECHNICAL EMPLOYEES (Food and Beverage Industries). Award No. 30 of 1981. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 30 of 1981. Between The Association of Draughting, Supervisory and Technical Employees, Western Australian Branch, Applicant, and Sunnywest Co-Operative Dairies Ltd and Others, Respondents. Before Mr Commissioner B J. Collier. The 14th day of October, 1982. Mr L. J. Irwin on behalf of the applicant. Mr P. R. Member of Counsel, with Mr. D. M. Jones on behalf of the respondents. Mr J. A. McGinty objecting on behalf of the Feder- ated Miscellaneous Workers Union of Australia, West Australian Branch, Union of Workers. Mr B. P. O'Loughlin objecting on behalf of the Food Preservers' Union of Western Australia Union of Workers Reasons for Decision. THE COMMISSIONER: By this application, the As- sociation of Draughting Supervisory and Technical Employees, Western Australian Branch, seeks an award to be known as the Laboratory and Technical Employees' Award (Food and Beverage Industries) of 1981. The scope of the proposed award extends to the following so called industries which, through the eyes of the applicant, constitute the "Food and Beverage" Industries— Dairy and/or Dairy Products Processing and/or Icecream Manufacturing. Smallgoods, Manufacturing and/or Meat Pro- cessing. Soft Drink and/or Fruit Juice Making. Confectionery Manufacturing and/or Distributing. Bakery Products and/or Pastry Products Manu- facturing. Grocery Product Manufacturing, Preparation and/or Distribution. Frozen Foods and/or Frozen Confectionery Manufacturing or Processing. Chemist Sundries and Ingredients Manufactur- ing and/or Supplying. Cereal or Vegetable based Products Manufactur- ing. Sugar Refining, Preparation and/or Distribution. Flour Manufacturing. It is intended by the applicant that the proposed award should cover employees to be known as Laboratory Technical Assistants, Laboratory Tech- nicians and Laboratory Technical Officers/ Developmental Technical Officers/Quality Control Technical Officers for whom definitions have been prescribed in the claim. In addition, the claim ident- ifies types of duties at three prescribed levels which it is proposed should be undertaken by laboratory per- sonnel. The applicant union already holds an award cover- ing similar classifications to those now sought, but re- stricted to areas occupied and controlled by Peters Ice Cream (WA) Pty Ltd. It claims that work similar to that performed in the Peters Ice Cream laboratory is, or is likely to be performed, in laboratories op- erated, or likely to be operated, by the respondents. The application is opposed by a large number of respondents and by the Federated Miscellaneous Workers' Union of Australia, West Australian 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. ^827 Branch, Union of Workers (hereinafter referred to as the MWU) and The Food Preservers' Union of West- ern Australia Union of Workers (hereinafter referred to as the FPU) The claim is quite complicated and the Com- mission has awaited the decision of the Full Bench in the Hamersley Iron—Federated Clerks' Union ap- peal case in the hope that the reasons for the decision in that matter would help in the resolution of the in- stant case. Further reference will be made to that de- cision later. Although the union has cast its net very widely in its endeavour to gc in an award for laboratory person- nel in the "Food and Beverage Industry" it would ap- pear that it has few, if any, members in the employ of the respondents. I have formed the view that the ac- tivity of the applicant union triggered off the efforts of the MWU which resulted in substantial improvements for laboratory personnel in the Dairy Industry. However, notwithstanding this, it would appear that laboratory employees in that industry are content to remain members of the MWU and pre- fer that union to cater for their industrial interests. The applicant union seems to have adopted the ap- proach that all laboratories are separate and distinct from the manufacturing process surrounding them. They are involved in the industry of "science" and there is (or should be) a homogeneity about them which should enable laboratory personnel to move from laboratory to laboratory without loss of money and in furtherence of the promotion prospects of the employee who has chosen this "science" industry as his career, so the applicant argues. Desirable as that may be for quality control, for public health reasons and for the careers of qualified employees, none of those matters are really the concern of this Com- mission in the determination of the matter before it. I turn now to briefly review the evidence. A veterinary surgeon and consulting microbiologist spoke in very general terms and really dealt with a desire of the Australian Society of Microbiology for people with adequate qualifications and experience to carry out microbiological and biological testing in the food industry. His evidence highlighted the dif- ferences which quite obviously exist between the "sophistication" of one so called laboratory and another and reinforced in the Commission's mind the imprudence of attempting to legislate wages and con- ditions in the dark. The quality assurance manager for Peters (WA) Ltd attested that the main laboratory for the Peters Group of Companies was at Peters Ice Cream (WA) Ltd and any work of a more sophisticated nature tended to go there. He was aware of people in Brownes Dairy and Peters Creameries who per- formed work similar to that performed in Peters Ice Cream (WA) Ltd at levels 1 and 2. Three laboratory assistants are employed at Brownes Dairy and of these, one holds a certificate in Laboratory Practices, another is unqualified but has a fairly broadly based industry experience, while the third has completed two years study in Medical Technology. At Peters Creameries there is one laboratory attendant and a second person who has a certificate in Dairy Technology and who plays a dual role of performing certain work in the laboratory and other duties in the plant. The quality controller and laboratory manager for Brownes Dairy said that level 3 duties were not per- formed at his laboratory. Testing was of a routine nature. A lady employed as a laboratory assistant by a manufacturer of starch and gluten which is not a named respondent to the claim said that, although not qualified as a laboratory assistant, she held an Associate Diploma in Agriculture. She performed most of the work specified as level 1 duties in the claim and some of level 2. It would appear that she is responsible to a chemist. No details were given of the laboratory set up. Another witness described his work in a company which packs tea, flour, spices, dried fruits, vinegars and cordials. This man holds an Honours Degree in Science. He saw himself as a food technologist qual- ity control officer. An industrial chemist employed by Watsons Foods Pty Ltd said that the chemical side of food testing was carried out at his laboratory. He had a laboratory assistant who was currently taking a laboratory certificate course and whose duties were en- compassed by the claim at level 1. The Spearwood laboratory in which he is employed tests dairy pro- ducts as well as small-goods and the company also runs another laboratory at Capel which is controlled by a food technologist. He is assisted by a laboratory attendant. A Bachelor of Science who is now classified as a technical officer in the Peters Ice Cream (WA) Ltd laboratory and who is also Treasurer of the applicant union, outlined her involvement in union activity and expressed her concern that the award under which she worked was so limited in its area and scope. Amongst other things she stated that the work per- formed by the quality control officer and laboratory manager at Brownes Laboratory equated with that performed by herself. She stated that she had seen the laboratories operating within the Peters Group of Companies, Brownes Dairy Pty Ltd and Anchor Foods Limited, and indicated her views of the atti- tude of the management of those companies to the concept that a laboratory should be a production centre in its own right. She said— In my observations of the various laboratories, although specific tests may be altered to cater for the needs of the products of that particular company, there are similar levels of sophisti- cation on all three levels being done in this food industry in Perth. A lady who was employed as a laboratory assistant in Brownes Dairy outlined the duties she performed and advised the Commission that the laboratory as- sistants were happy with their award negotiations and preferred to remain with the MWU. The Commission has considered all of the evidence and submissions of the participants in the light of the recent decision of the Full Bench referred to earlier. The Chief Commissioner in that decision said, inter alia— I am of the opinion that the evidence and the submissions viewed as a whole do not reveal the existence of any real "conflict in respect to in- dustrial matters". (See unreported decision dated 24/9/82.) and in my view that opinion is valid also in the in- stant case. The Commission has no evidence at all about laboratory workers in the employ of any named re- spondents in eight of the 11 industries which are said to constitute the food and beverage industry. In the one industry were it does appear, at least in the lower levels, that laboratory work is similar to that per- formed at Peters Ice Cream (WA) Ltd the evidence is to the effect that the applicant union has no mem- bers, the MWU holds an award and laboratory em- ployees who are members of the MWU are content for that union to represent them. There was an insufficiency of evidence for the Commission to de- termine the level of responsibility of positions above those for whom the MWU catered in the dairy indus- try but in any event both Brownes Dairy Company Ltd and Masters Dairy Limited are named respon- dents to the Federal Professional Scientists Award of 1981 and it is quite likely that any employees per- forming duties at the proposed level 3 would be covered by that award. This would also apply to em- ployees at Watsons Foods Pty Ltd—another respon- dent to the Federal Award. The only named respondent in the Flour Manufac- turing section of this log of claims is Great Southern Roller Flour Mills Ltd, a respondent to the Federal Milling Industry Award 1978 in which the classifi- cation Laboratory Assistant appears. It is interesting to note that the wage rate for this classification is $242.70 per week compared with the range $261-295 per week in the Peters Ice Cream (WA) Ltd Award and the rate of $250 per week for an unqualified tech- nical assistant in the Dairy Factory Workers' Award 1982. When one considers that a laboratory technical as- sistant under the Cockburn Cement Limited Em- ployees Award receives $234.60-$293.60 it is not diffi- cult to conclude that the skills which are required of laboratory personnel, particularly those who acquire skills by experience only, differ from laboratory to laboratory. Even if one accepted that the proposed level 1 duties were fair enough for a laboratory tech- nical assistant to undertake it is patent from the evi- dence in the present proceedings that not all level 1 duties are performed by those sought to be embraced by the award. This being so the next question to be asked might well be "How do these 12 duties rank in order of skill and responsibility?" For example, does cleansing of equipment rank equally with media preparation? For all of the above reasons the Commission is of the view that the claim should be dismissed. In those cases where it can be clearly established that a well equipped laboratory exists which is manned by pro- fessional employees and support staff the applicant union might well be entitled to an award if it can con- vince the Commission that "real conflict in respect to industrial matters" exists. It would also need to be shown that laboratory work was the major and sub- stantial component of the workers' employment. The FPU's claim to cater for laboratory personnel would need to be determined in the circumstances of the particular case. I doubt that its influence should extend to persons who spend most of their time in a well equipped laboratory. The claim is dismissed. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 30 of 1981. Between The Association of Draughting, Supervisory and Technical Employees, Western Australian Branch, Applicant, and Sunnywest Co-Operative Dairies Ltd. and Others, Respondents. Order. HAVING heard Mr L. J. Irwin on behalf of the appli- cant and Mr P. R. Momber of Counsel, with Mr D. M. Jones on behalf of the respondents and Mr J. A. McGinty objecting on behalf of The Federated Miscellaneous Workers Union of Australia, West Australian Branch, Union of Workers and Mr B. P. O'Loughlin objecting on behalf of The Food Pre- servers' Union of Western Australia Union of Workers, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the claim herein be dismissed. Dated at Perth this 14th day of October, 1982. (Sgd.) B. J. COLLIER, [L.S.] Commissioner. AWARDS—Application for Variation of— HARBOUR AND LIGHT DEPARTMENT WHARFINGERS, ASSISTANT WHARFIN- GERS and CLERKS. Award No. 20 of 1978. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 551 of 1982. Between: Federated Clerks' Union of Australia, In- dustrial Union of Workers, W.A. Branch, Appli- cant, and The Honourable Minister for Marine and Harbours, Respondent. Before Mr Commissioner G. J. Martin. The 19th day of October, 1982. Mr B. J. Fin lay on behalf of the applicant. Mr S. Home on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: This application seeks to vary the "Harbour and Light Department wharfin- gers, Assistant Wharfingers and Clerks" Award No. R20 of 1978 as varied (59 W.A.I.G. p. 1191), by reducing the hours of duty prescribed in Clause 6.—Hours of Duty, from 37 U to 35: increasing the annual leave loading prescribed in Clause 12.—Annual Leave, from 11V2 per cent to 27 U per cent, and creating for the first time, an entitlement to payment for sick leave not availed of upon retirement or death in Clause 14.—Sick Leave. (The Harbour and Light Department is now the Marine and Harbours Department.) The respondent opposes those claims wholly. Shortly put, the applicant seeks those variations to reflect provisions of the Federal Waterside Workers' Award because other of its members and other em- ployees employed in the Port of Fremantle and other ports in Western Australia enjoy such conditions. It does not rely upon the existence of any inherent merit in the conditions so claimed. The applicant instanced the Fremantle Port Auth- ority as the major employer in the industry of port operation and other areas of Government endeavour associated with such operations, and the extent to which employees of those employers had been ac- corded "wharf conditions". Additionally, my attention was drawn to matter No. 4 of 1981, the "Outstation Pilot Crews—Harbour and Light Department" Award, and in which the conditions claimed herein have been applied to Launch Masters and Deckhands employed by the re- spondent in all ports. (62 W.A.I.G. p. 67.) To that extent, the applicant complains that the respondent is discriminatory in its industrial re- lations attitude by making fish of some and fowl of others, contrary to that principal object of the Act exhorting honest and fair dealing between employers, employees and unions. (Section 6 (a) (ill).) A number of decisions of this Commission were analysed to demonstrate that there was not now any justification for a refusal of the claims made. Both parties canvassed such decisions with par- ticular reference to the historical development of the application of wharf conditions to employees working in close association with waterside workers, or em- ployed in operations connected therewith. When the instant award was issued in 1979, it was the subject of two decisions by the Commission. In the first instance, the Commission determined two preliminary points by reasons for decision dated the 25th day of January, 1979. 24th November, 1982.] W In introducing its decision, the Commission outlined the scope of the then existing award in the following terms:— THE COMMISSIONER: This judgment con- cerns two preliminary points raised in relation to a reference of industrial dispute between the Federated Clerks' Union (F.C.U.) and the Hon. Minister for Works in his function of controlling certain ports and a number of port authorities. The current position is set out so that the pre- liminary points have perspective. Hon. Minister for Works through, the Harbour and Light Department employs a number of clerical officers, being persons eligible to be members of the F.C.U. in outports to provide port services. The work is subject to the Harbour and Light Department Wharfingers, Assistant Wharfingers and Clerks Consolidated Award No. 13 of 1962 (53 W.A.I.G. 951) which has an area and scope clause in these terms: This award shall apply to all workers en- gaged as wharfingers, assistant wharfingers, officers in charge goods sheds and or clerks at the ports under the control of the Har- bour and Light Department in Western Australia. The area of the award shall be the whole of the premises controlled by, vested in, or for the time being occupied by the Harbour and Light Department at ports in Western Australia, and which is applied to employees at those ports not the subject of one or other of the several acts establishing port authorities. The conditions set out in the award are in gen- eral terms a combination of public service and Government wage employee conditions. Rates of pay, higher duties, overtime and district allow- ance follow public service; hours, sick leave and public holidays follow the usual provision for wage employees, while long service leave falls somewhere between with qualifying periods of 10, 7, 7 years against 7, 7, 7 years for public ser- vants and 10, 10, 7 years for wage employees. (59 W.A.I.G. p. 1463) The first preliminary point related to whether or not certain employees, subject of the proceedings, were "Government Officers" and is not relevant to these proceedings. The substance of the second preliminary point is relevant to these proceedings and the Commission's decision thereon is repeated hereunder in full. Turning now to the second preliminary point and its alternative, the union has requested that the question of "wharf conditions" flowing out- side the port of Fremantle be referred to the Commission in Court Session pursuant to the provisions of section 71 (r) of the Act. That re- quest is refused as I see no matter of general im- portance involved in the claim. In summarising the sequence of events so far as they relate to the Fremantle Port Authority, the Commissioner recognised a wage discrepancy in 1970 between the waterside worker and tradesman employed by the Authority but re- fused to extend waterside worker conditions (50 W.A.I.G. 662). The Government and the Auth- ority by subsequent administrative action ex- tended certain waterside worker conditions to those blue collar workers who had benefited from the wage relationship fixed by the Com- missioner. Clerks employed by the Authority were granted the same conditions because the ma- jority of the other employees of the Authority were so favoured, the activity of the Authority was restricted to a small geographic area and it was unfair that one section of the employer's workforce be discriminated against. It is clear that the situation so far as em- ployees of the Harbour and Light. Department in outports are concerned does not parallel the situ- ation occurring at Fremantle. There has been no claim by blue collar workers at those ports and, with minor exception resulting as a spin off from Fremantle, the 'wharf conditions' are restricted to waterside workers. The only question that has to be answered is whether clerks employed by the respondent to these proceedings should re- ceive the 'wharf conditions' because similar workers at Fremantle receive them. That question must be answered in the nega- tive because the outport clerks have never had any link with the Fremantle clerks so far as con- ditions are concerned except to the extent that the public service rates and some conditions have been a common base. The factors giving rise to the Fremantle clerks receiving 'wharf con- ditions' do not exist at outports and I do not be- lieve this Commission should in any way endorse the actions of the Fremantle Port Authority and the Government with respect to actions in 1970 to 1972 by requiring another employer, albeit still within Government, to extend a set of con- ditions which had been refused by the Com- missioner in 1970. The alternative sought by the union is dealt with simply. From the submissions, it would ap- pear that the clerks employed by the Harbour and Light Department are the only clerks in Government who do not enjoy public service type conditions and why they should be dis- criminated against is totally beyond me. No reasonable explanation was given in submissions why this should be so and the union's claim in that respect will be granted. The parties are di- rected to prepare minutes in terms similar to other awards applying to workers employed in Government. Decision Accordingly. (59 W.A.I.G. p.1463 at pp. 1466 and 1467.) In the result, the award is structured as a-mirror of Public Service conditions and rates of pay scales. (59 W.A.I.G. p. 1191 et al.) Other administrative, professional, clerical and general employees of the respondent are officers em- ployed under the provisions of the Public Service Act, 1978. (Public Service List, 1982, p.206.) Under the professional heading thereof, are the callings of Harbour Masters at Geraldton, Port Walcott, Carnarvon, Assistant Harbour Masters at Port Walcott, and Relieving Harbour Masters. Such officers can and do perform the pilotage duties at those ports. (Such is also the case for Albany, Bunbury and Esperance.) They are not accorded "wharf conditions" of em- ployment. The applicant submits that because wharf con- ditions apply to clerical employees of the Fremantle Port Authority—the major employer in the "port in- dustry"—those conditions should also apply to cleri- cal employees in the other ports in the State. Additionally, it claims that its members, clerical employees in those other ports, work in close associ- ation with other employees of the respondent who do receive wharf conditions. That latter situation the applicant suggests, puts the respondent in a situation where it is discriminating unfairly against some of its employees. The applicant referred to a number of de- cisions in which it was said that: Differences in conditions of employment, merely because of a particular union or award coverage are likely to cause industrial unrest 2830 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. The decision of the Commission in matter No. CR240 of 1981 of the 6th day of November, 1981 was relied upon and in which it was said inter alia: The question to be faced is whether shed supervisors working in association with water- side workers and others who have an entitlement to additional leave should be allowed a like privi- lege . . These shed supervisors (but not relieving supervisors), work in such a close and direct as- sociation with waterside workers and others to whom the leave applies, that it would be inequi- table not to extend the leave to supervisors. (61 W.A.I.G. p. 2026.) The applicant sees a number of points of significance in that decision. Firstly, wharfingers under the award now under re- view, do work similarly to shed supervisors; secondly, they work in close association with waterside workers, and thirdly, that decision was given after the instant award was issued. Those points it was submitted, weigh heavily in favour of the applicant on this occasion, and more so when coupled with the provisions of the "Outstation Pilot Crews—Harbour and Light Department" Award, of December, 1981 earlier referred to herein, an award which was also issued after the making of the instant award. The applicant presented evidence from a wharfin- ger of long standing to inform me of the work per- formed by the employees covered by the award, and of the association they had with other employees en- joying wharf conditions. From that material, it was shown that: At Wyndham: The wharfinger supervises the shore side of ship loading and unloading operations and a stevedoring company supervises the shipboard side of those operations. There are 49 registered waterside workers available, one pilot boat coxswain and one or two office personnel who look after wages and ac- counts. The incidence of vessels in the port varies from two to four a week for nine months, and one a fortnight in a three month period. At Derby: Ships are not presently being loaded or un- loaded. Cargo is discharged at Broome and transported by road to Derby where it is sorted in the goods shed. There are 15 registered waterside workers available for that purpose and who are super- vised by the wharfinger. At Broome: The wharfinger operates in a manner similar to Wyndham. The number of registered waterside workers available is also similar to Wyndham. There is an assistant wharfinger and three clerical employees. At Port Walcott: There are no ship loading or unloading oper- ations conducted by the respondent at this port. The wharfinger collects conservancy dues, sells charts and corr ":les wages. There are two pilot boat crew members and a Harbour Master. At Carnarvon: There is a harbour master, a port control officer who oversees the fishing boat harbour and collects conservancy dues, and a caretaker of the lighthouse. There are no registered waterside workers. There is a mooring gang, members of the Aus- tralian Workers' Union with conditions other than "wharf conditions". At Geraldton: There are two harbour masters, two members of the pilot boat crew and a port officer. The port officer mans the office, collects con- servancy dues and sells charts. There is no supervision of waterside workers. In summary, from that material, it is only at the Ports of Wyndham and Broome that ships are actu- ally loaded or unloaded or cargo handled with par- ticipation by wharfingers and their assistants. A shed cargo handling operation is supervised by a wharfinger at Derby. The majority of the employees concerned in these proceedings do not work in close and direct associ- ation with waterside workers. The majority of the employees concerned have as members of the port operation team, employees to whom wharf conditions apply, but not in the sense of association as between shed supervisors and waterside workers and wharfin- gers and waterside workers. I therefore consider that the employees as a whole, subject to this award, can be distinguished from the "shed supervisors case". As to the question raised by the issuance in December, 1981 of the "Outstation Pilot Crews—Harbour and Light Department" Award No. A4 of 1981, I note that the award it replaced, the "Outstation Pilot Crews—Southern Ports" Award No. 54 of 1968 provided in Clause 5.—Hours of Duty and Free Time, for a roster period of four weeks with the ordinary hours of duty not to exceed 160 hours in the period—notionally, a 40 hour week (49 W.A.I.G. p. 260 at pp. 260 and 261). The variation to that award effected by No. 539 of 1976 of the 29th day of June, 1977 reduced the ordi- nary hours of duty for the roster period to 140, no- tionally, a 35 hour week, and included the then "wharf condition" leave loading of 25 per cent and created an entitlement to a payout of sick leave upon retirement (57 W.A.I.G. p. 1039 at p. 1040). It is probably not surprising therefore to find in the next award and the coverage of which is ex- tended, that those provisions were repeated in es- sence (and in the case of the annual leave loading, updated). (62 W.A.I.G. p. 57 at pp. 58, 59 and 60). I do not see in that occurrence of itself any significance for the employees subject to the award under review. It can also be said with a deal of logic that the pro- visions of that award reflect an affinity with the types of conditions which apply to seagoing and maritime employees generally. In the decision of Robinson, J. of the Australian Conciliation and Arbitration Commission in matter C. No. 3822 of 1979 of the 29th May, 1980 there was recited an excerpt from an earlier decision of a Full Bench of that Tribunal dismissing an appeal against a decision of that Commission to apply a salaries only award to pilots employed by the Fremantle Port Authority. That excerpt reads— His Honour in our view came to this con- clusion and also considered that the nature of their calling as pilots made them so far as the in- dustrial world was concerned, more appropriate to be dealt with as members of the marine and 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2831 navigation industry than as civil servants proper. This duality it seems to us is so unusual, involving as it does in the main, a prior career in the maritime industry before becoming a marine pilot that to use an industrial phrase no significant flow on to other State public servants should eventuate. (Print E2982 p.5 being an ex- tract from 136 CAR p.302.) The effect, if there is to be any effect upon those employees, may arise when the totality of the em- ployees at each port is analysed, an exercise which the respondent undertook. It was said on its behalf that: The current situation at the Department of Marine and Harbours is that of 124 employees, 17 or 13.7 per cent, have wharf conditions. These 17 persons are all wages employees and are con- stituted as follows: 11 persons employed under the terms of the Outstation Pilot Crews (Harbour and Light Department) Award, of whom two are at Esperance, two are at Albany, two are at Bunbury, two are at Geraldton, two are at Port Walcott and one is at Wyndham; two persons employed under the terms of the Engin- eering Trades (Fremantle Port Authority) Award; three persons are employed under the Federal Shipwrights' Shore Award and one per- son is employed under the Ship Painters' and Dockers' Award. That makes a total of 17, with the latter six being employed at the Fishing Boat Harbour workshop, and receiving the relativity as the re- sult of their coverage by the same awards as re- spective FPA workers. These figures indicate, on a comparison basis with the exhibit—I think it was exhibit 1—tendered by Mr Finlay, that there is a smaller percentage and, I would submit accordingly, less grounds, for a claim based on a comparison of numbers than there was at that time, and considerably less than in the case of the WA Coastal Shipping Commission in 1976. (Transcript notes of proceedings p.43) The applicant took issue earlier on with Exhibit I referred to in that it did not include the waterside workers at Wyndham, Derby and Broome, but that is not a fatal criticism in talking of the respondents op- erations as a full time operation with full time em- ployees—the waterside workers engaged from time to time not being such. In perspective, we are looking at employees work- ing for a Department whose operations extend throughout the ports around the coastline and who as in the case of the applicant's witness, move about within those ports. It does not seem to me to be equitable to dis- tinguish between those employees by virtue of the nature of the different operations in which they may work from time to time in the conditions now at issue between the parties albeit that such distinctions do arise by virtue of location allowances and the like, but which I consider to be of a different nature to hours of work, annual leaving loadings and "a payout of sick leave". The respondent drew from the analyses of past de- cisions the following criteria which have generated the grant of "wharf conditions" to employees other than waterside workers. The decision last year of the Public Service Arbitrator to pass off conditions to Government officers at the FPA brings us almost to the current state of play of the WWF/FPA relativity. The stated and accepted position of the WA In- dustrial Commission in respect of the relativity which derives from the extensive history and case law, part of which I have just referred to, is as follows: A relativity with wages and/or con- ditions of waterside workers has been granted either by decision or consent to all wages em- ployees of the FPA, to the head office staff and with the exception of the 35 hour week to Government officers employed by the FPA. The small number of employees of other De- partments and instrumentalities have also re- ceived such conditions again either by decision or by consent. In all cases they were justified or granted on either or all of the following grounds: One—the employees were working within the readily definable and confined geographical area of the Fremantle Port Authority and in close proximity to waterside workers; two—the ma- jority of other employees of the employer having such conditions; three—the nature of the em- ployer's business which has had as its first objec- tive the operation and maintenance of a major port placing employees in the same industry has been the same; four—the existence of a historic relationship—that is, prior to 1970—between the employees wages and/or conditions and those of similar employees of the FPA; and five—employees being covered by an identical award to that covering similar employees of the FPA. (Transcript notes of proceedings p. 46.) and concluded that so far as this application is con- cerned: Nothing said by my friend today has shown a departure from these principles by either the WA Industrial Commission or by the employer since Johnson C. considered this like claim in 1978. The situation at the FPA has repeatedly been distinguished and to that extent any comparison on a like for like basis has to bear in mind the special circumstances of the FPA and the fact that it is not as like as it may appear. On the basis of those general principles and whilst conceding that they may not be exhaus- tive, the respondent submits that there are not grounds and there is no merit for the granting of the union's claim for wharf conditions for clerks and wharfingers in the outports. (Transcript notes of proceedings p. 46.) The decision of Robinson J. of the Australian Con- ciliation and Arbitration Commission in C. No. 3822 of 1979, an application by the State Public Services Federation for a Federal award in relation to wages and working conditions for salaried staff at Port Authorities in South Australia and Western Aus- tralia, also dealt with many of the propositions can- vassed during these proceedings, as to whether "wharf conditions" should be applied or not. The decision said inter alia: The very multi faceted nature of the work covered by the claim makes it. difficult to suc- ceed in an argument based on close nexus. The work itself varies widely and its connection with the work of waterside labour runs the gamut from close to tenuous. (Print E2982 p. 9.) The emphasised wording is the situation which has been commented on by me earlier in these reasons for decision and which leads me to conclude that the claims made by the applicant are not appropriate to this award. In dealing with a similar situation in respect to the "Pilots (Fremantle Harbour Trust)" Award No. 3 of 1964 (a conditions of employment only award) in matter No. 46 of 1979, I said on the 30th day of May, 1979: 2. Sick Leave. . Clause 14.—Sick Leave, of the award in so far as it is relevant, provides as follows— (1) (a) A pilot who is incapacitated through sickness or injury other than that arising in the course of 2832 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. his employment may, upon pro- duction of a medical certificate as to his incapacity, be granted sick leave, with pay, for such period and upon such conditions as may be de- termined by the Authority (i.e. the respondent). (b) (55 W.A.I.G. p. 690 at p. 691.) The Commission was told that effect was given to that clause by applying to pilots the sick leave provisions of the Public Service, as was the case also with conditions for Long Service Leave. Accordingly, the respondent submitted that the applicant's claim for change based upon what happened with the respondent's wages em- ployees was illogical and unjust. The affinity the respondent submitted for pilots was with other salaried officers employed by it, and their conditions were the same as for Public Servants. The applicant's submissions went to drawing a comparision with other workers within the port such as deckhands, mooring staff and ship painters and dockers. In the Commission's view it would be illogical to graft on to one set of conditions matters from other sets of conditions. Whilst it may be logical to suggest that all workers concerned with vessels should have the same conditions of em- ployment the existing structure for Pilots cannot be ignored and if they are going to enjoy Public Service conditions for sick leave those conditions should not be varied or added to by reference to unrelated conditions applicable to other workers whose conditions are not similar. Accordingly this claim will not be allowed. (59 W.A.I.G. p. 778 at p. 779.) Like Robinson J. I am not prepared to "fillet out" the claim and apply the claims to some employees and not others who do not do some work associated with waterside workers, or to bring about improved conditions for all because of the work of some at some times. I see no compelling reason to disturb the basis of the award as established when it was issued and for that and the other reasons referred to herein I will not allow the claims and the application will be de- termined by an order dismissing it. Decision accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 551 of 1982. Between Federated Clerks' Union of Australia, In- dustrial Union of Workers, W.A. Branch, Appli- cant, and The Honourable Minister for Marine and Harbours, Respondent. Order. HAVING heard Mr B. J. Finlay on behalf of the ap- plicant, and Mr S. Home on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be dismissed. Dated at Perth this 19th day of October, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. APPEALS COMMITTEE— Long Service Leave— BEFORE THE STATE GOVERNMENT WAGES EMPLOYEES LONG SERVICE LEAVE APPEAL COMMITTEE. In the matter of the Long Service Conditions for State Government Wages Employees and in the matter of the Appeal Committee established thereunder and in the matter of a claim for pay- ment in lieu of pro rata long service thereunder, between Mrs T., Appellant, and Fremantle Hos- pital, Respondent. Before Mr K. Scapin Chairman; Mr K. J. Trainer Employee's Representative; Mr J. A. Spurling Em- ployer's Representative. Miss P. B. Kirwan appeared for the Appellant. Mr N. H. McAullay appeared for the Respondent. 25th October, 1982. Decision. MR SCAPIN: This matter has been referred to the Committee for determination pursuant to Clause 18 of the Long Service Leave Conditions, State Govern- ment Wages Employees. It concerns a claim for pay- ment in lieu of pro rata long service leave arising out of service with the Board of Management, Fremantle Hospital by an employee engaged in work the subject of the "Nursing Aides and Nursing Assistants (Government) Award," No. 7 of 1978. Under Clause 12 of the award, the conditions governing the granting of long service leave to full- time Government wages employees generally shall apply to employees covered by the award. Those gen- eral provisions referred to were published in the Government Gazette on 19th September, 1980 and amended by notice published in the Government Ga- zette on 27th February, 1981. Those provisions pro- vide an entitlement to 13 weeks' long service leave after a period of 10 years' continuous service. The facts are that Mrs T. is the mother of two chil- dren, a 12 year old son and a 9 year old daughter. Her husband is a professional soldier in the Australian Special Air Service. He has been in the Army since 1969. He signs on every three years and his current term has another two years to run. Mr T. served with the Australian forces in Vietnam in 1971 and during his absence Mrs T. worked at Fremantle Hospital for 12 months. She resigned from that position at that time because of her husband's return from Vietnam and his posting to Adelaide, but immediately upon his return to Western Australia she re-applied for her job and recommenced on 3rd May, 1974. She resigned with effect from the close of business on 18 April, 1982. In total, therefore, she has given nine years' service to the Fremantle Hospital, eight years of which were continuous. Mr T's. profession takes him away from home on a regular basis. Usually two or three weeks at a time and sometimes up to six weeks. In addition, about once a fortnight, he works a 24 hour shift which means he does not come home that night. His job takes him inter-State. Mrs T's. duties at Fremantle Hospital as a nursing assistant necessitated shift work and there were two shifts involved, one between the hours of 7.00 a.m. and 4.00 p.m. and the other between 2.30 p.m. and 11.00 p.m. These were not regular shifts in that some days were early and some days were late. Usually on average, there were two late shifts a week. When working the 7.00 a.m. shift Mrs T. left her two children with her mother at about 5.45 a.m. or 6.00 a.m. Mrs T's. mother got the children off to school. The children went to their grandmother's place after school and Mrs T. picked them up from 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2833 her mother's after Mrs T. finished work. If Mr T. was away and Mrs T. was on afternoon shift, then the children would stay overnight at their grandmother's house instead of bringing them home and back again the next morning. When Mrs T. worked weekends and if her husband was away on the weekends then the children stayed with their grandmother for the whole of the weekend. Both children had their own separate bedrooms at their grandmother's house. Mrs T's. mother died on 3rd November, 1981. Her father, who is 67 years of age and lives just around the corner from Mrs T. took his wife's death rather badly and is now dependent on Mrs T. Mrs T. takes him his evening meal, she does his ironing and gener- ally tries to alleviate his loneliness. Between the time of Mrs T's. mother's death and the end of Mr T's. leave from the Forces, namely, end of January 1982, he cared for the family. However on his return to work, the children were cared for, as a temporary measure, by a friend of the family but this lady had two young children of her own, aged 14 and 11, and was unable to accept responsibility for more children as a permanent arrangement. Mrs T. has two sisters both of whom are going through divorce proceedings. They are constantly ringing her and frequently visiting her to discuss their problems and generally looking to her for sup- port. Her brother's wife suffered a stroke and was ad- mitted to Fremantle Hospital shortly before Mrs T. resigned. As a result of his wife's illness Mrs T's. brother shares his problems with Mrs T. because he knows that his other two sisters have enough prob- lems of their own. All of these problems are weighing heavily upon Mrs T. Understandably her own health has suffered. Mrs T. submitted a medical certificate dated 8th April, 1982, (Exhibit A) at the time of her resignation and it reads as follows— I strongly support Mrs T's. resignation due to stress. She has had a lot of anxiety due to her mother's sudden death several months ago. All the family problems now fall on her plus her hus- band is away in the Army most of the time and that the full responsibility for her children also lies with her. She is unable to cope with work as well and it would be detrimental all round for her to continue. Mrs T. was regarded by her employer as being a good worker. In fact the Hospital offered her six months leave without pay for the purpose of pre- venting her resignation and allowing her time to overcome her domestic problems. She chose not to accept that offer. It was conceded by the Union that according to the strict, literal interpretation of the Conditions, Mrs T. is not entitled to payment in lieu of pro rata long ser- vice leave. Those are the agreed facts. However this Com- mittee has been asked to use its discretionary power to recommend an ex-gratia payment to Mrs T. be- cause of the special circumstances in her case which, it was claimed, compelled her to resign. I have had the benefit of conferring with Mr Spurling and I have read his decision. I agree with him, and for the reasons stated by him, in rec- ommending an ex-gratia payment in lieu of long ser- vice leave. I differ, however, from Mr Spurling in relation to the matter of precedent and also with regard to the publication of the Committee's reasons for decision. As regards the matter of precedent I adopt (albeit loosely) in the following paragraph, with respect, the reasoning of the Commission in Court Session in the Draughtsmen's Case 46 W.A.I.G. 483 at pp. 488 and 489. There are occasions when reasonable minds may differ and come to different conclusions on the same facts, and it is in the selection of one rather than another conclusion that the Conditions leave the dis- cretion of the Committee completely unfettered. There is no right of appeal from a Committee de- cision to interfere with the reasonable exercise of that discretion. This being so, how much less so should the discretion of one Committee be fettered by the past-exercised discretion of another. For that reason I would agree with Mr Spurling that this Committee is not a "court of precedent". However, it is apparent that in the past the Committee has been prepared to make ex-gratia recommendations which go beyond the provisions specified in the Conditions where those Conditions produce what appears, in the Com- mittee's opinion, to be an injustice in certain circum- stances, and so to that extent I would have to say that the Committee has established a precedent, which is why I differ from Mr Spurling. In view of the effect of Committee decisions upon employers and employees, I believe that for reasons of common fairness the Committee should publish its reasons for decision. Additionally I would like to add to Mr Spurling's reasons—a comment of my own. Mrs T. gave good service to the Fremantle Hospital and she endeavoured to continue her employment until the very last possible moment in the face of very distressing personal circumstances. At the hearing of this matter she was still visibly upset by her predica- ment. I am satisfied that Mrs T. genuinely desired to continue her employment indefinitely but she was prevented from doing so because domestic circum- stances compelled her to resign. She had no real choice to do anything else but resign. MR SPURLING: This matter is brought to this Committee pursuant to Clause 18 of the Long Service Leave (State Government Wages Employees) Con- ditions. Clause 18 establishes a Committee to hear appeals; by any wages employee in respect of his long ser- vice leave entitlement or the rate to be paid dur- ing long service leave and to deal with any dis- pute arising out of the application of these Con- ditions. During the proceedings it was said on behalf of the applicant There is no denying that according to the strict literal interpretation of the conditions (the ap- plicant) is not entitled to pro rata payment .. . (Page 5 of transcript.) I agree and would add that any interpretation of Clause 11 shows the applicant has no entitlement to pro rata payment of long service leave. In addition to the foregoing, there appears to be no dispute arising out of the application of the con- ditions, it having been conceded that the employer correctly applied same. Such dispute as there is arises only because it is claimed that in the circumstances of the case presented, the application of the con- ditions would be unfair and in equity they should be modified for this applicant. It is beyond this Com- mittee to amend the provisions. However the circumstances of this case as pres- ented on behalf of the applicant are such that it is re- quested the Committee recommend an ex-gratia pay- ment, equal to the amount of a pro rata payment that would in different circumstances be an entitlement. A review of the cases dealt with by this Committee shows that most have been concerned with a request to recommend an ex-gratia payment. I believe that is the real value of this Committee and that such rec- ommendations should continue to be considered. Ac- cordingly, by custom and practice the Committee is required to consider the matter further. 2834 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. It is my view that in considering whether or not to make such a recommendation the Committee should have regard for the circumstances of the case and not be influenced by such matters as the success or otherwise of claims to amend the Long Service Leave provisions, questions of alleged discrimination, or other matters suggested by the witness for the appli- cant in this case. Further, I do not believe the Com- mittee should be unduly influenced by earlier de- cisions, necessarily made in other circumstances. In the function of ex-gratia recommendations I ob- serve from earlier cases that the Committee has at- tempted to make a compassionate consideration of real life situations in the face of rules and conditions intended for general application. This obviously means a different set of circumstances on each oc- casion. I take the view that in this role the Com- mittee is not a "court of precedent" and but for the fact that I think the parties are entitled to know how I arrive at the conclusions I do, I would not publish my reasons. That this Committee should not be one where precedent is an influencing consideration is obvious when its function is considered in the way I have de- scribed. Indeed, to adopt such techniques as binding or to rely on same as authority in reaching con- clusions would be to inhibit and ultimately remove, the value of the Committee. In this judgement we are not dealing with an interpretation of the provisions of an award, we are simply asked to have regard for the set of unqiue circumstances put forward by the applicant and decide, for compassionate reasons, to suggest to the employer to make an ex gratia pay- ment, notwithstanding entitlements, as some com- pensation for the unhappy circumstances of the ap- plicant which were beyond her ability to prevent. Ac- cordingly to point to other cases neither advances nor inhibits this case. In considering the circumstances of this case as de- scribed by and on behalf of the applicant, it would be impossible to be unsympathetic. Notwithstanding, I consider the attitude adopted by the employer to be quite proper and the solution offered a generous one. I believe the stance taken by the employer to be quite correct as individual public employers are necessarily required to comply strictly with rules and regulations in their financial dealings. Their handling of financial matters must be available for public, independent and objective scrutiny given that it is taxpayer funds in which they are dealing. For such employers to in- dividually and independently exercise discretionary judgment would be against public accounting prin- ciples. Accordingly, I appreciate the reluctance of this employer to make the discretionary payment re- quested. The Western Australian Government Industrial Relations Service has been tasked with a co- ordinating role in relation to general Government in- dustrial relations and it is correct that in the first in- stance such matters be referred for their attention with subsequent recourse to this Committee where appropriate. In this case if the applicant had accepted the em- ployer's offer of leave without pay it would have pre- served the contract of employment and afforded her the opportunity for consideration of the employment situation in circumstances more favourable than ex- perienced at present. However the applicant adopted the view that little would change in that time to permit a decision differ- ent to the one taken to resign. The respondent con- tended that the resignation was influenced unduly by some circumstances, especially those relating to the medical certificate, which will be removed by the passage of time and accordingly made the offer of leave without pay for six months. In evidence the em- ployer suggested that payment should only be made, even on an ex-gratia basis, where the employee was forced to leave employment permanently and that the applicant in this case is only inhibited and not prevented in future employment. It was further con- tended that the force of some of those inhibitions will alleviate with time. I agree with the test of being forced to leave em- ployment permanently, being applied in this case and in so doing I agree with the suggestion from the ap- plicant's witness that we should ensure "a fair go all round". In considering what is fair from the em- ployer's point of view it must be appreciated that he is being asked in this case to pay a significant amount of money in circumstances where there is no en- titlement but where the applicant has suffered extra- ordinary circumstances requiring sympathetic con- sideration. All of those circumstances are totally be- yond and unrelated to the employer but he is re- quested to compensate beyond the employment con- tract probably because he is best able to do so. It is easy to allow sympathetic consideration for the appli- cant to ignore these facts. In all of the circumstances of this particular case I find it difficult to reach a definite conclusion but I do note the unfortunate combination of unhappy cir- cumstances in which the applicant finds herself. The applicant has primary school age children, was in em- ployment requiring continuous shift availability, has a regularly absent spouse, is faced with coping with the unexpected death of her mother to whom she was. obviously quite close, has an aging and recently widowed father and has total lack of support from her siblings. I think these circumstances are a lot more complex than the simple inability to find some- one else to care for her children while she is at work. Consequently I accept that because of a combi- nation of circumstances which the applicant could not prevent or change, she was forced to resign from the respondent and employment generally. It appears to me that her absence from the workforce will be quite lengthy if not permanent but in any event in the circumstances described I accept it as permanent for the purposes of recommending to the employer to make an ex-gratia payment. MR TRAINER: I have had the opportunity to read the decision of the Registrar and I agree with the rec- ommendation that an ex-gratia payment should be made to Mrs T. in lieu of pro rata long service leave. I agree that the facts of the case are as set out in the Registrar's decision, but I do not accept the prop- osition adopted by the Registrar from the written de- cision of Mr Spurling in relation to precedent. In my view the Appeal Committee is bound to take account of its previous decisions in determining matters that come before it in satisfaction of its obligation to re- solve all applications in an equitable manner. In the instant case precedent exists for the Committee to examine a claim on the basis of pressing domestic necessity and to determine it upon the basis of the merits of the application. Applicants are in my view entitled to cite previous decisions of the Committee in support of a contention that the Committee should entertain and decide an application. I am also of the view that the Committee in meet- ing its obligations to the parties appearing before it should publish its decisions in order that the process by which a decision has been reached is known to those parties. MR SCAPIN: The unanimous decision of the Committee is that the employer make an ex-gratia payment to Mrs T., equivalent to the amount of pro rata long service leave accrued. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2835 BEFORE THE STATE GOVERNMENT WAGES EMPLOYEES LONG SERVICE LEAVE APPEAL COMMITTEE. In the matter of the Long Service Leave Conditions for State Government Wages Employees and In the matter of the Appeal Committee established thereunder and in the matter of the rate at which the employee shall be paid during long service leave. Between Mrs S. Silkstone, Appellant, and Hon. Minister for Health Re- spondent. Before: Mr K. Scapin, Chairman; Mr K. D. Payne, Employer's Representative; Mr K. J. Trainer, Em- ployee's Representative. 20th October, 1982. Miss N. Ferguson on behalf of the appellant. Mr A. R. Basell on behalf of the repondent. Decision. MR SCAPIN: This matter has been referred to the Committee for determination pursuant to Clause 18 of the "Long Service Leave Conditions, State Government Wages Employees". It concerns a claim by Mrs S. Silkstone upon the Hon. Minister for Health, who is the person responsible for the employ- ment of Mrs Silkstone by the Osborne Park Hospital and arises out of her service in work the subject of the "Nurses (Public Hospitals) Award 1968" No. 6 of 1968. Under clause 12 of the above award, the conditions governing the granting of long service leave to Government Wages employees generally shall apply to employees covered by the award. Those general provisions referred to were published in the Govern- ment Gazette on 19th September, 1980 and amended by notice published in the Government Gazette on 27th February, 1981, which provisions, so far as are material are as follows:— 14. (a) Subject to the provisions of this clause an employee shall be paid during long service leave at his permanent classified rate of pay. (b) Except where otherwise approved by the Minister for Labour and Industry the rate of pay of an employee shall be deemed to be the basic wage and mar- gin, or the equivalent total wage appli- cable to the classification which, for the purpose of this clause is, or is deemed to be his permanent classification. 15. (a) A part time employee shall be paid the proportion of the amount specified in clause 14 hereof that his ordinary hours bear to the ordinary hours of a full time employee in the same classification, (b) If the hours of a part time employee have varied he shall be paid as for those numbers of hours which have made up the greatest proportion of the previous twelve months. (The underlining is mine.) The facts which are not disputed by either party are that Mrs Silkstone commenced employment with the Osborne Park Hospital on 10th September, 1971. She has been ccontinuously employed since that date on permanent night shift. Upon her initial engage- ment she was employed for 16 hours a week. On and from 3rd July, 1980 her hours were increased to 32 per week and from 30th July, 1981 to 34 per week. She commenced long service leave on December 17, 1981 and in accordance with Clause 15 (b) of the long service leave provisions her long service leave was paid as for 32 hours per week. This appeal has been lodged by Mrs Silkstone be- cause her employer has refused payment to her of the shift penalty loading during her long service leave. Clause 14 (b) of the conditions governing the granting of long service leave to Mrs Silkstone allows the rate of pay of an employee to be determined by the Minister for Labour and Industry, although it is no known under what conditions the Minister may determine the rate of pay. Be that as it may, evidence was given that the Minister has not so determined in this instance and therefore Mrs Silkstone's perma- nent classified rate of pay is, in my opinion, the total wage (equivalent to the basic wage and margin) ap- plicable to her permanent classification prescribed by Clause 36.—"Wages" of Award No. 6 of 1968 governing her conditions of employment. Evidence was adduced that Mrs Silkston's classification was, in terms of clause 36, that of Registered General Nurse and she was paid the "thereafter" rate of pay. Despite the fact that she is employed on perma- nent night shift and as a consequence of that she has been receiving the appropriate night shift penalty loading continuously, I do not accept that rate of pay to be her permanent classified rate of pay because there is no classification for, and hence no classified rate of pay for, a position of permanent night shift worker under Clause 36. I believe that the author of the long service leave conditions governing this matter has carefully chosen the phrases "permanent classification" and "permanently classified" to specifically avoid the kind of dispute which this Committee has now been asked to determine. I am encouraged in my belief also by the fact that the phrase "ordinary rate of pay" is not used in Clause 14. The basic principle governing the interpretation of an award is that the language used is to be given its plain and literal meaning. (See re Clothing Trade Award, (1950) 68 C.A.R. 597; The United Furniture Trades Industrial Union of Workers, Perth v. Dale Manufacturing Co. Pty Ltd (1950) 30 W.A.I.G. 539; West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth v. Meat and Allied Trades Federation of Aus- tralia (Western Australian Division) Union of Em- ployers, Perth (1981) 61 W.A.I.G. 1061). In this case there is clearly but one rate which answers to the de- scription of "permanent classification" and "permanent classified rate of pay", namely the rate prescribed for the particular class of employee, that is, Registered General Nurse, in the wages clause of the award—Clause 36, and that rate does not include shift penalty loading. I would dismiss the appeal. MR PAYNE: I have had the opportunity of reading the reasons of the Chairman. I agree with his decsion and have nothing to add. MR TRAINER: I have had the opportunity to read the reasons for decision of the other two members of the Appeal Committee and with respect disagree with those. The facts are as set out in the reasons for decision published by the Chairman of the Appeal Committee. I do not believe that it is sufficient to take a super- ficial view of what is the permanently classified rate of the worker involved for the purposes of de- termining whether an entitlement derives from the existing Long Service Leave Conditions. Mrs Silkstone was employed continuously throughout the period on night duty and no attempt was made by the employer to roster Mrs Silkstone to other shifts. The fact that the night shift was mutually convenient was in my view immaterial. As has been pointed out by the Chairman of the Appeal Committee in relation to other matters, there is no right of appeal against decisions of the Committee. It is on that basis that the Committee must consider both the formal pro- visions of the Long Service Leave Conditions and 2836 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. also the merit of the individual case. It is on the lat- ter basis that the Committee has been moved on pre- vious occasions to make strong recommendations for ex-gratia payments in view of the nature of the indi- vidual case. This is illustrative of my view that the Committee was not constituted simply to administer a set of conditions without regard to the individual merits of particular cases. To do otherwise would cre- ate circumstances in which the Committee operated in an entirely mechanical fashion. Such was clearly not the intention of those who drew up the con- ditions, nor has it been the approach of the Com- mittee to date, for example, in cases of pressing or urgent domestic necessity. In view of the foregoing it is my view that consider- ation should be given to whether the merits of the case advanced on behalf of Mrs Silkstone warrants the recommendation for an ex-gratia payment by the Respondent who, in this case, is the minister for Health. Throughout the period Mrs Silkstone has worked on night shift continuously and as such the payment has become part of the weekly wage for all practical purposes. The Award is silent on the provision of a particular classification of Night Nurse. In circum- stances where that position is rotated between a number of different employees over a prepared roster the conclusion is reasonably open that such is not a fixed position but part of the normal roster system for which particular penalties are paid. However, in this particular instant, that is not the case. I am of the view that Mrs Silkstone is for practical purposes employed in the permanent classification of Night Nurse and that in the nature of the penalties pre- scribed in the Award in other circumstances the amount would be included as a part of the normal payment. As such I believe the Committee should make a recommendation for an ex-gratia payment in the form claimed by the Union. MR SCAPIN: The decision of the Committee is that the appeal be dismissed. (I. A. Act, 1912)— FOREMEN STEVEDORES. Agreement No. 45 of 1960. FOREMEN STEVEDORES (Albany). Agreement No. 51 of 1960. FOREMEN STEVEDORES (Bunbury). Agreement No. 2 of 1961. FOREMEN STEVEDORES (Federal Stevedoring Co.). Agreement No. 8 of 1961. Foremen Stevedores Association, West Australian Branch, Union of Workers" under the Industrial Ar- bitration Act, 1912-1977, with effect as from that date: (1) Agreement No. 45 of 1960 made on 10 June 1960 between— (a) Robert Laurie Proprietary Limited; (b) Nicholls Proprietary Limited; (c) Fremantle Stevedoring Company Pro- prietary Limited; (d) British Phosphate Commissioners; (e) Mcllwraith McEacharn Limited; (f) The Adelaide Steamship Company Limited; (g) Co-operative Bulk Handling Limited and PARTI Australian Foremen Stevedores As- sociation, West Australian Branch, Union of Workers. The Fremantle Harbour Trust and Australian Foremen Stevedores As- sociation, West Australian Branch, Union of Workers PART II (2) Agreement No. 51 of 1960 made on 26th September, 1960 between— (a) Robert Laurie Proprietary Limited; (b) Nicholls Proprietary Limited; (c) Fremantle Stevedoring Company Proprietary Limited; (d) British Phosphate Commissioners; (e) Henry Wills and Company Pro- prietary Limited; (f) C. E. Bolt Proprietary Limited; (g) Albany Harbour Board; and Australian Foremen Stevedores As- sociation, West Australian Branch, Union of Workers. (3) Agreement No. 2 of 1961 made on 21st February 1961 between— (a) Robert Laurie Proprietary Limited; (b) Nicholls Proprietary Limited; (c) Bunbury Stevedoring Company Pro- prietary Limited; (d) British Phosphate Commissioners; (e) Millars Timber and Trading Company Limited; and Australian Foremen Stevedores As- sociation, West Australian Branch, Union of Workers. (4) Agreement No. 8 of 1961 made on 20th April 1961 between — Federal Stevedoring Company Pro- prietary Limited and Australian Foremen Stevedores As- sociation, West Australian Branch, Union of Workers. Dated at Perth this 5th day of November, 1982. K. SCAPIN, Industrial Registrar. IT is hereby notified for general information that the following four Industrial Agreements ceased to be in force on and from 28th September 1979, as a result of the cancellation of the registration of the "Australian 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2837 CANCELLATIONS— COMPLAINTS— Under Section 47— Before Industrial Magistrates— COMMERCIAL TRAVELLERS AND SALES REPRESENTATIVES. Award No. 43 of 1978. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. File No. 76 of 1980 In the matter of the Industrial Arbitration Act, 1979 and in the matter of the Commercial Travellers' and Sales Representatives' Award No. 43 of 1978 and in the matter of an order pursuant to section 47 of the said Act— HAVING read and considered the documents relat- ing to this matter, there being no party desiring to be heard in opposition thereto, and upon being satisfied that the requirements of the abovementioned Act have been complied with, I, the undersigned, Chief Industrial Commissioner of the Western Australian Industrial Commission, acting on my own motion in pursuance of the powers contained in section 47 of the abovementioned Act, do hereby order and de- clare— That from the date of this order, Dasco Farm Supplies Pty. Ltd., 1280 Albany Highway, Kenwick, is struck out of the Schedule of Re- spondents to the Commercial Travellers' and Sales Representatives' Award No. 43 of 1978, and ceases to be a party to that award. Dated at Perth this 22nd day of October, 1982. (Sgd.) E. R. KELLY, [L.S.] Commissioner. ENGINE DRIVERS (General). Award No. 21A of 1977. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. File No. 76 of 1980. In The Matter of the Industrial Arbitration Act, 1979 and in the matter of the Engine Drivers General Award No. 21A of 1977 and in the matter of an order pursuant to section 47 of the said Act— HAVING read and considered the documents relat- ing to this matter, there being no party desiring to be heard in opposition thereto, and upon being satisfied that the requirements of the abovementioned Act have been complied with, I, the undersigned, Chief Industrial Commissioner of the Western Australian Industrial Commission, acting on my own motion in pursuance of the powers contained in section 47 of the abovementioned Act, do hereby order and de- clare— That from the date of this order, Bradford Insulation (W.A.) Pty. Ltd., is struck out of the Schedule of Respondents to the Engine Drivers General Award No. 21A of 1977, and ceases to be a party to that award. Dated at Perth this 22nd day of October, 1982. (Sgd.) E. R. KELLY, [L.S.] Commissioner. BEFORE THE INDUSTRIAL MAGISTRATE AT PERTH. Complaint Nos. 182 to 186 of 1982. Between Hospital Salaried Officers Association of Western Australia (Union of Workers) Com- plainant, and Board of Management, Royal Perth Hospital, Defendant. Before Industrial Magistrate K. F. Chapman Esq. S.M. The 15th day of October, 1982. Decision. THE MAGISTRATE: The facts in this matter were not in dispute, they being agreed as follows: In 1978 the Royal Perth Hospital agreed to submit to a pri- vate arbitration concerning the future work and classification of orthotists. The arbitration rec- ommended that the work of manufacturing othoses should be transferred to orthotic technicians as quickly as possible, having regard for the financial position of the hospital. Differences then arose as to the implementation of the recommendations. Firstly, as at 9th November 1981 the complainants, B. Smith, Severn, Jones and McMurdo, were employed by the Royal Perth Hospital at the Royal Perth Hospital Rehabilitation Hospital as orthotists on the classifi- cation of B2-4/5. The same applies to G. Smith, ex- cept his classification was B2-6. Secondly, all the abovenamed complainants were as at 9th November 1981 required as part of their duties as orthotists to undertake the manufacture of orthoses. Thirdly, on 9th November 1981 all the abovenamed complain- ants refused after a lawful direction and a warning to perform that part of their duties that related to the manufacture of orthoses. Fourthly, each complainant was told that until such time as they carried out their tasks of manufacturing orthoses they were not to per- form any other tasks. Fifthly, the complainants were also advised that unless they carried out the tasks of manufacturing orthoses they would not be paid until such time as they performed that work. Sixthly, each complainant continued to refuse to do the work of manufacturing orthoses up to and including 23rd November 1981, except for the manufacture of special or emergency orthoses. Each complainant at- tended at his place of employment during the said period for the hours specified in the award and were ready, willing and able to perform all their duties ex- cept those relating to the routine manufacture of orthoses. Seventhly, the complainants were not paid from 9th November 1981 to 23rd November 1981, after which latter date the complainants resumed their full duties, including the manufacture of all orthoses and were paid in accordance with the rel- evant award, which at all material times was award 39 of 1968—the Hospital Salaried Officers Associ- ation Award, to which the Board of Management, Royal Perth Hospital was a respondent. They are the agreed facts. In a nutshell the complainant argues that once a contract of employment is entered into between an employer and an employee, whether it be at common law or pursuant to an award, that contract of employ- ment continues to run until it is terminated. Here the employer could have said, "You have failed to per- form an integral part of your duties pursuant to our contract of employment and that gives me a right to summarily dismiss you." The employer did not dis- miss. The contract continued to run and thus the em- ployer is obliged to pay the relevant award rates of pay for the relevant period. 2838 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. The defendant on the other hand argues that there is a principle, put simply, no work as directed, no pay. Applying that principle to the facts of this case the employees were not paid for the relevant period, there being no legal obligation on the employer to pay them. Counsel for the complainant quoted two passages from page 72 of Labour Law in Australia by Sykes and Glasbeek, Butterworths 1972. The first passage deals essentially with the legal doctrine of waiver as it applies to summary dismissal, which question in my view is not relevant here. On the agreed facts it is clear that no dismissal took place, nor was one at- tempted. The second passage deals with the power to sus- pend. The learned authors state there is no such power at common law. In particular they state: In a situation of misconduct he is entitled to dismiss summarily but no halfway house of sus- pension, where the employee is still an employee but does not work and is not paid, is possible. In considering this passage it should be noted that the book was published in 1972 and since that date several significant decisions have been handed down. The complainant relied heavily upon the case of Gapes v the Commercial Bank of Australia Limited (1980), 41 FLR 27. I wish to refer to the facts of that case and a convenient summary is found in the judgment of Deane J. at page 33, wherein he said: In the present case, the bank initially refused the appellant's services altogether by instructing him to leave the bank's premises. When, how- ever, the appellant declined to leave the prem- ises, the evidence indicates that the manager of the Bairnsdale branch had a telephone conver- sation with "head office" and that the bank did not, thereafter, persist in its refusal to permit the appellant to work at all. The appellant was "informed that he may thereafter resume duties" but that, in terms of a bank circular which he had seen, he would not be paid for the work which he did. His keys were returned to him and he was, subsequently, provided with the current combination for the safe. The facts of the matter before me differ in a significant way from those in Gapes case, in that the Hospital did not allow the employees to perform any of their duties whilst they refused to follow the lawful direction of the Hospital—that direction being to manufacture orthoses, such manufacture being significant part of their duties. From a reading of the judgment of Deane J. it is clear that the waiver he referred to very much influ- enced his reasons, and I quote from page 33 and page 34 as follows: In the light of the failure of the bank either to call the manager of the Bairnsdale branch or to explain the failure to call him, it seems to me that the proper inferences to be drawn from all the evidence is that, in respect of the relevant period of three days, the bank waived the direc- tion that the appellant cease work altogether and that the appellant was performing the duties which he in fact performed for the bank, with the consent of the bank. There is a further quote further down on page 34: In the view I take, the critical factors in the present case are that the appellant, being an em- ployee of the bank, actually worked in his job for the three days in question and that he so worked with the knowledge and consent of the bank. The essential question is whether, in those cir- cumstances, the express provision of the award that the appellant is entitled to be paid a salary at a specified rate are to be qualified by an impli- cation that he is only so entitled while he re- mains ready, willing and able to carry out in full the contract of employment between himself and his employer. In my view, the terms of the award cannot properly be read as subject to any such implication. Counsel for the complainant in his address said: ... my learned friend chided me gently in say- ing I was wrong in calling the decision of Smithers and Evatt J. J. the majority decision. He says the primary decision was handed down by Mr Deane J. I am not going to decide which of the two argu- ments is correct, but I raise the matter because of the curious way in which the judgments were handed down. In considering the issues before me one may initially find oneself in a dilemma as to what the ma- jority view is. However, if one looks at the joint judgment of Smithers and Evatt J. J. one sees they state at page 28 as follows: We have had the advantage of reading the reasons for judgment in this matter of our brother Deane J. We agree with his conclusion that on the facts of this case, which are set out in his reasons, nothing had occurred which entitled the respondent to make a deduction from the salary of the appellant in respect of the three days during which he refused to perform certain of his duties of his employment category. Ac- cordingly the appeal must be allowed. We agree also with the reasons which led Deane J. to interpret the award in the way he did. We desire, however, to make the following observations because we are unable to satisfy ourselves that had the respondent rejected part performance of the duties of the appellant and excluded him from carrying out such part per- formance cl. 12 (c) of the award would have been applicable. This is because we feel that cl. 12 (c) is directed to circumstances where the absence of the employee is essentially his own voluntary act. What their Honours have to say after that should, in my view, be read with that passage in mind. I have come to the conclusion that their Honours have, when deciding the matter before them, been very much influenced by the fact that the bank allowed the employee to return to work and to carry out part of his duties. I quote from page 29: In this case the state of employment in the rel- evant category was in existence at all relevant times because while the employee was per- forming duties appropriate to his classification, although not all of such duties, and the employer was accepting such performance, it could not be said that the relevant state of employment did not exist. Further at page 31 we see: Whether when an employee refuses to perform a significant part of his duties and the employer rejects performance of the remaining part of the duties and excludes the employee from render- ing such part performance, the state of employ- ment upon which the relevant obligations under the award depend, has come to an end or is sus- pended is a question that does not arise here. Such a situation is in substance that which existed in Australian National Airlines Com- mission v. Robinson (4). The decision in that case played a significant part in the judgment of the learned judge. But in this case the employer did not reject part performance. Accordingly the state of employment upon which the obligations of the award depended continued at all times. It can also be said that one judge—Deane J.—expressly agrees with the defendant, for he would say that where an employee refuses to do a significant part of his work the employer can direct the employee to refrain altogether from working in 24th November, 1982/ ZETTE. 2; 139 his job and the employee is not entitled to be paid his salary during any period in which the employee was absent from his duties in accordance with that direc- tion or in which he performed some of his duties in defiance of the employer's direction. Although it may be argued that the other members of the bench do not themselves specifically say this they at least acknowledge that a case such as the one before me may be decided in a way different from their judgment in Gapes case. In my opinion, there- fore, Gapes case can and should be distinguished from the facts of the case before me. If anything the obiter dicta of Gapes case support the argument of the defendant. The defendant on the other hand relied mainly on two decisions—namely, the Electricity Commission of New South Wales v. the Federated Engine Drivers and Firemen's Association of Australia, New South Wales, (1975) A. R. 504, and New South Wales Teachers Federation v. the Department of Edu- cation, Industrial Arbitration Service Current Re- view, December 1980, at page 767, case B178. Of those decision counsel for the complainant said: ... those cases are industrial decisions. They are not decisions of a competent court of law .. . you are not bound by, nor are you to be, with great respect, persuaded in any way by industrial decisions. It is what the law is that is the only concern to your Worship. I do not propose to comment on that statement other than to say that even if it be correct in the later case the Industrial Commission of New South Wales in full session stated, which statement is borne out by a reading of the decision, that they approached their decision as if the teacher had made an application before an Industrial Magistrate. I quote from page 771: The question whether the deductions from salaries were lawfully made can be put in another way, namely: "If a teacher applied to an industrial magistrate pursuant to s. 92 (2) of the Act for an order directing the Board to pay the amount deducted as a balance due under the award, or sued in any district court or court of petty sessions pursuant to s. 92 (3) of the Act for the amount deducted as a balance due under the award, and the parties admitted that the rel- evant facts were as agreed, should the tribunal concerned find for or against the teacher?" I further quote from page 778: For these reasons we are of the opinion that, if a teacher applied to an industrial magistrate pursuant to s. 92 of the Industrial Arbitration Act for an order directing the Board to pay the amount deducted as a balance due under the award, or sued in any district court or court of petty sessions pursuant to s. 92 (3) of the Act for the amount deducted as a balance due under the award, and the parties admitted that the rel- evant facts were as agreed, the tribunal con- cerned should find against the teacher. Whilst I acknowledge that these decisions are not binding upon me I find the latter in particular to be helpful, mainly due to the approach which was adopted by the Commission in full session. I accept that I need to approach this case on the basis of what the law is. Having done so, I am not persuaded that in view of the provisions of Clauses 9 and 10 of the award and the fact that the employment of these em- ployees was not terminated these workers of necess- ity are entitled to the salary as claimed. Whilst the award in and of itself does not provide for the suspension or the like of a worker without sal- ary I am not satisfied that its terms preclude such ac- tion. It is true on the agree facts that the Hospital could have dismissed the employees summarily. They chose not to and in my view no criticism could or 22201—10 should be levelled at them for that. What they did do was say: If you will not carry out our lawful direction and fulfil the tasks you are employed to perform we do not accept the work you are prepared to perform, and as long as you refuse to perform the duties as per our lawful direction we will not pay you. Having carefully considered the cases cited, which my research confirms are the relevant cases in the area, albeit I have discovered a further case in the area—namely re Electrical Trades Union of Aus- tralia, New South Wales Branch, (1982) 1 I.R. 257—together with the agreed facts, I am satisfied that the Hospital was legally entitled ro take the course it did, and further that the employees are not entitled to the salary for the period they refused to carry out the lawful instructions, albeit they were ready and willing to perform all their duties except those relating to the routine manufacture of orthoses. BEFORE THE INDUSTRIAL MAGISTRATE AT PERTH. Complaint Nos. 252 to 281 of 1982. Between Hospital Salaried Officers Association of Western Australia (Union of Workers) Com- plainant and Hon. Minister for Health, Defend- ant. Before Industrial Magistrate K. F. Chapman Esq. S. M. The 15th day of October, 1982. Decision. THE MAGISTRATE: The facts in this case are clear and are not really in dispute. In January 1980 Heather Marie Knight commenced work at the Osborne Park Hospital as a physiotherapist. Her hours of work were Monday to Friday from 8 a.m. to 4 p.m. In July 1981 Mrs Knight was approached by the then assistant administrator of the Hospital and was asked to work the same hours per day, however from Tuesday to Saturday, to which she agreed. The first Saturday worked was 18th July 1981 and this ar- rangement continued until May this year. The Hos- pital has paid Mrs Knight for the Saturdays worked in accordance with Clause 29 and they argue that that is the correct mode of payment. The Association on the other hand argues that the Saturday work should be paid for in accordance with Clause 14 sub-paragraph (1) as Mrs Knight is a day worker. They say this is so because no agreement has been reached between themselves and the Hospital as is required pursuant to Clause 13 sub-paragraph (2)(a). It is quite clear on the evidence that no such agree- ment was reached, nor is there any evidence to satisfy me that any action was taken pursuant to Clause 13 sub-paragraph (2)(c). When one looks at the defi- nitions clause—namely Clause 6—one sees that "day worker" is defined as follows: "Day worker" means a worker who works his ordinary hours from Monday to Friday inclusive and who commences work on such days after 6 a.m. and before 12 noon. When Mrs Knight commenced her employment with the Hospital she came within that category. However, when the new arrangement commenced in July 1981 it is clear upon an examination of only Clause 6 that she was not a day worker, as she did not work her ordinary hours from Monday to Friday in- clusive. If she were not a day worker then the only other category of work provided for in the award relevant to Mrs Knight is a shift worker—which is defined as: "Shift worker" means a worker who is not a day worker as defined. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. 2840 A third category is provided in Clause 37, namely "casual worker", but Mrs Knight would not fall into that category. The Association argues that she cannot be a shift worker as there has been no agreement between itself and the Hospital, in accordance with the provisions of Clause 13 sub-paragraph (2)(a), that the hours on Saturday may be worked. I do not accept that argu- ment. There are only two categories of workers pro- vided for under the award relevant to Mrs Knight, they being day worker and shift worker. In my view it is clear that Mrs Knight is not a day worker and thus it follows she is a shift worker. To say that because the Association has not agreed with the Hospital as to the Saturday work she cannot be a shift worker and must be a day worker is, in my view, not sustainable unless the award specifically so provides. I have not been referred to any such provision, nor am I aware of any. The ordinary hours worked were worked from Tuesday to Saturday inclusive, thus taking Mrs Knight out of the day worker category. If any of those days were worked contrary to Clause 13 sub-paragraph (2) (a) that is another matter, but not such, on the wording of this award, that would change the category of worker. In my view, therefore, Mrs Knight was a shift worker and was correctly paid in accordance with Clause 29 sub-paragraph (2). Accordingly I am of the view that Clause 14 sub-paragraph (1) does not apply here, as the Saturday work was worked within Mrs Knight's ordinary working hours. The payment pur- suant to Clause 14 sub-paragraph (1) only applies to hours outside the worker's ordinary working hours. Certain argument was raised relating to Clause 13. As it is not necessary for me for the purposes of these matters to consider that argument I do not wish to make any further comment in that regard. DISPUTES— Orders made under Section 29— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 730 of 1982. Between Kevin Francis Plummer Applicant, and ITP—Income Tax Professionals—Perth Zone, Respondent. Order. HAVING heard Mr K. F. Plummer in person and Mr R. J. Viol (of Counsel) on behalf of the Respondent, and subsequent to a conference on the matter pursu- ant to the powers conferred on it by subparagraph (a) of subsection 8 of section 44 of the Industrial Arbi- tration Act 1979, the Commission by consent hereby orders— That the Respondent pay to the Applicant a sum of $1 000 within seven days of this date, in full and final settlement of the claim Dated at Perth the 28th day of October, 1982 (Sgd.) G. L. FIELDING, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 661 of 1982. Between Natalie Ann O'Brien Applicant and Pillay & Co., Barristers and Solicitors, Respondent. Before Mr Commissioner B. J. Collier. The 13th day of October, 1982. Miss N. A. O'Brien on her now behalf. Mr A. S. Stavrianou of Counsel, on behalf of the re- spondent. Reasons for Decision. (Given extemporaneously at the conclusion of the submissions, taken from the transcript as edited by the Commissioner.) THE COMMISSIONER: In this case, I find as a fact that a condition of Miss O'Brien's contract of service was that one week's notice of termination of employ- ment was required by either side. I find also that the circumstances associated with her dismissal were such as not to justify termination without notice or the withholding of proportionate annual leave to which she was entitled. The payment made to her falls short of that en- titlement. Miss O'Brien should be paid a sum equiv- alent to one week's pay in lieu of notice and two weeks' annual leave, less the sum of $58.40 already paid to her. An order will issue accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 773 of 1982. Between John Lawrence Flanagan Applicant and Mr G. J. Hawkins and Lobamo Pty Ltd trading as Big Bell Hotels, Respondent. Order. HAVING heard Mr J. L. Flanagan on his own behalf and Mrs M. Cake and Mr G. J. Hawkins on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the In- dustrial Arbitration Act, 1979 hereby orders— That Big Bell Hotels shall pay to John Lawrence Flanagan the sum of $2,709.00 within seven days of the date of this order. Dated at Perth this 29th day of October, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 661 of 1982. Between Natalie Ann O'Brien, Applicant and Pillay & Co., Barristers and Solicitors, Respondent. Order. HAVING heard Miss N. A. O'Brien on her own be- half and Mr A. S. Stavrianou (of Counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979, hereby orders— That Pillay & Co., Barristers and Solicitors, shall pay to Natalie Ann O'Brien the sum of $397.09 within 14 days of the date of this Order. Dated at Perth this 13th day of October, 1982. (Sgd.) B. J. COLLIER, [L.S.] Commissioner. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2841 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 699 of 1982. Between Sandra Morgan, Applicant, and Pillay & Co., Barristers & Solicitors, Respondent. Before Mr. Commissioner B. J. Collier. The 13th day of October, 1982. Miss S. Morgan on her own behalf. Mr. A. S. Stavrianou of Counsel, on behalf of the respondent. Reasons for Decision. (Given extemporaneously at the conclusion of the submissions, taken from the transcript as edited by the Commissioner.) THE COMMISSIONER: The Commission finds as a fact that a condition of Miss Morgan's contract of service was that one week's notice of termination of employment was required by either side. While I am not satisfied that the services of this lady were satis- factory and consider that the employer had every right to terminate the employment such termination should have been effected by the giving of one week's notice or payment in lieu thereof. The complaints made about the lady were insufficient to justify sum- mary dismissal for misconduct. Other matters raised in the hearing did not consti- tute part of the reason for termination and are not relevant. This lady is entitled to one week's pay in lieu of no- tice and one week's pay representing pro rate annual leave less an amount of $26.43 already paid. An overpayment of sick leave due was adjusted at ter- mination. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 699 of 1982. Between Sandra Morgan, Applicant, and Pillay & Co., Barristers & Solicitors, Respondent. Order. HAVING heard Miss S. Morgan on her own behalf and Mr A. S. Stavrianou (of Counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— That Pillay & Co., Barristers and Solicitors, shall pay to Sandra Morgan the sum of $202.73 within 14 days of the date of this Order. Dated at Perth this 13th day of October, 1982. (Sgd.) B. J. COLLIER, [L.S.] Commissioner. DISPUTES— Orders made under Section 44— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR336 of 1982. Between Amalgamated Metal Workers and Ship- wrights Union of Western Australia and others, Claimants, and C.B.I. Constructors Pty Ltd and others, Respondents. Before Mr Senior Commissioner D. E. Cort. The 8th day of October, 1982. Mr D. W. Skipworth on behalf of the Amalgamated Metal Workers and Shipwrights Union of Western Australia and the Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth. Mr C. E. Mumme on behalf of the Federated En- gine Drivers and Firemen's Union of Workers of Western Australia. Mr G. R. Gillies on behalf of the respondents. Reasons for Decision. THE COMMISSIONER: The claim before the Com- mission pursuant to section 44 of the Industrial Arbi- tration Act, 1979 is one by the Amalgamated Metal Workers and Shipwrights Union of Western Aus- tralia, the Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth and the Federated Engine Drivers and Firemen's Union of Workers of Western Australia that the travelling al- lowances payable to employees of C.B.I. Constructors Pty Ltd and other employers engaged at Wagerup and Pinjarra on the alumina refineries of Alcoa of Australia Ltd be increased by 20 per cent. The travelling allowances which now apply may be found in several orders of the Commission (refer 61 W.A.I.G. 1787, 62 W.A.I.G. 173, 62 W.A.I.G. 662 and 62 W.A.I.G. 1031). For convenience reference is made to the order applicable to workers eligible to belong to the Amalgamated Metal Workers Union and the Electrical Trades Union employed at Pinjarra. That Order (62 W.A.I.G. 662) applies to employees of the employers named therein on construction work at the Pinjarra Alumina Refinery operated by Alcoa of Aus- tralia Limited. (The Wagerup Order applies to em- ployees on construction work at the Wagerup Alumina Refinery Site). Travelling allowances are prescribed therein and have been so prescribed since 1970 (at Wagerup since 1980). Since 1970 those al- lowances have been reviewed from time to time but in more recent times annually. The respondent employers object to the claim stating that the work at Pinjarra is not construction work in the true sense and that construction work at Wagerup is all but completed. It follows, so it is said, that travelling allowances of the kind applicable to construction workers should no longer be prescribed. What is said in relation to the work being performed may well be so although the material before the Com- mission is hardly sufficient to enable a conclusion to be reached for example as to the work at Pinjarra but the real question is whether workers are engaged pur- suant to the Orders. Each is said to apply to con- struction work. The answer to that question must be in the affirmative and it follows that the allowances prescribed therein should be reviewed. If in time that is not the case the order with any amendment will lapse. In the Order the allowance that may be termed the "base travelling allowance" has been that to be found from time to time in the Metal Trades (General) Award No. 13 of 1965. That practice should be con- tinued. It is also evident that the other allowances in 2842 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. the Order have not moved in line with that base al- lowance. With respect to such allowances each will be adjusted in line with the movement in the Consumer Price Index. The minutes of the proposed Order will issue. A speaking to the minutes, if required, will be held at 10.15 a.m. on Wednesday, 13th October, 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR336 of 1982. Between Amalgamated Metal Workers and Ship- wrights Union of Western Australia; Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth; and Federated Engine Drivers and Firemen's Union of Workers of Western Australia, Claimants, and Amec Pty Ltd; Babcock (Australia) Ltd; Bains Harding Insulation; Brambles Manford; C.B.I. Construc- tors Pty Ltd; Citra Constructions Ltd; Concrete Constructions (W.A.) Pty Ltd; Consolidated Constructions; Electric Power Transmissions Pty Ltd; J. 0. Clough (Constructions) Pty Ltd; Kilpatrick Green Pty Ltd; Macmahon Construc- tion Pty Ltd; O'Donnell Griffin Pty Ltd; P.D.M. Johns Perry; Ralph M. Lee (W.A.) Pty Ltd; Sabemo (W.A.) Pty Ltd; Steelmains Pty Ltd; the Bell Group; Transfield (W.A.) Pty Ltd; Tujon Pty Ltd; Waroona Contracting; Watts Construc- tion Division Pty Ltd and Western Construction Co. (1978) Pty Ltd, Respondents. Order. HAVING heard Mr D. W. Skip worth on behalf of the Amalgamated Metal Workers and Shipwrights Union of Western Australia and the Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth, Mr C. E. Mumme on behalf of the Federated Engine Drivers and Firemen's Union of Workers of Western Australia and Mr G. R. Gillies on behalf of the respondents, the Commission, pursu- ant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That notwithstanding the provisions of the Metal Trades (General) Award No. 13 of 1965, the Electrical Contracting Industry Award No. 22 of 1978 and the Engine Drivers (Building and Steel Construction) Award No. 20 of 1973 the provisions of the following schedule shall apply. Dated at Perth this 13th day of October, 1982. (Sgd.) D. CORT, fL.S.l Senior Commissioner. (ii) 32 km—50 km radius from the job site 12.90 (iii) Over 50 km radius from the job site 16.00 (c) Notwithstanding the foregoing an employee who is not provided with transport by his employer to travel to and from the job and who is required to travel, by the shortest possible route, a distance of more than 60 kilometres from his home to the job shall be paid an allowance of not less than $16.00 per day and such an employee who is required to travel, by the shortest possible route, a distance of more than 80 kilometres from his home to the job shall be paid an allowance of $22.50 per day. 2. That the order known as the Metal Trades (Wagerup Alumina Refinery) Construction Order No. CR117A of 1981 be amended by deleting para- graphs (a), (b) and (c) of Clause 6.—Travelling Al- lowance and inserting in lieu thereof— (a) For those employees residing in the Waroona township (including a cara- van park) or the construction camp... 4.90 (b) Employees other than provided for in subparagraph (a) and who travel from a point— (i) Up to 32 km radius from the job site 9.70 (ii) 32 km—50 km radius from the job site 12.90 (iii) 50 km—68 km radius from the job site 16.00 (iv) Over 68 km radius from the job site 22.50 (c) Notwithstanding the foregoing an employee who is not provided with transport by his employer to travel to and from the job and who is required to travel, by the shortest possible route, a distance of more than 60 kilometres from his home to the job shall be paid an allowance of not less than $16.00 per day and such an employee who is required to travel, by the shortest possible route, a distance of more than 80 kilometres from his home to the job shall be paid an allowance of $22.50 per day. Schedule. 1. That the order known as the Metal Trades (Pinjarra Alumina Refinery) Construction Order No. CR117B of 1981 as amended by Order No. 942 of 1981 be further amended by deleting paragraphs (a), (b) and (c) of Clause 5.—Travelling Allowance and inserting in lieu thereof— Per day $ (a) Employees residing in the Pinjarra township shall be paid as provided for in the Award 4.90 (b) Employees other than provided for in subparagraph (a) and who travel from a point— (i) Up to 32 km radius from the job site 9.70 3. That the Order known as the Engine Drivers (Pinjarra Alumina Refinery) Construction Order No. C552 of 1981 be amended by deleting paragraphs (a), (b) and (c) of Clause 5.—Travelling Allowance and inserting in lieu thereof— Per day $ (a) Employees residing in the Pinjarra township shall be paid as provided for in the Award 4.90 (b) Employees other than provided for in subparagraph (a) and who travel from a point— (i) Up to 32 km radius from the job site 9.70 (ii) 32 km—50 km radius from the job site 12.90 (iii) Over 50 km radius from the job site 16.00 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 21 3 (c) Notwithstanding the foregoing an employee who is not provided with transport by his employer to travel to and from the job and who is required to travel, by the shortest possible route, a distance of more than 60 kilometres from his home to the job shall be paid an allowance of not less than $16.00 per day and such an employee who is required to travel, by the shortest possible route, a distance of more than 80 kilometres from his home to the job shall be paid an allowance of $22.50 per day. 4. That the Order known as the Engine Drivers (Wagerup Alumina Refinery) Construction Order No. C553 of 1981 be amended by deleting paragraphs (a), (b) and (c) of Clause 6.—Travelling Allowance and inserting in lieu thereof— (a) For those employees residing in the Waroona township (including a cara- van park) or the construction camp... 4.90 (b) Employees other than provided for in subparagraph (a) and who travel from a point— (i) Up to 32 km radius from the job site 9.70 (ii) 32 km—50 km radius from the job site 12.90 (iii) 50 km—68 km radius from the job site 16.00 (iv) Over 68 km radius from the job site 22.50 (c) Notwithstanding the foregoing an employee who is not provided with transport by his employer to travel to and from the job and who is required to travel, by the shortest possible route, a distance of more than 60 kilometres from his home to the job shall be paid an allowance of not less than $16.00 per day and such an employee who is required to travel, by the shortest possible route, a distance of more than 80 kilometres from his home to the job shall be paid an allowance of $22.50 per day. 5. That the variation to paragraph (a) in each Order shall operate from the beginning of the first pay period to commence on or after the 17th day of June, 1982 and that otherwise the variation shall op- erate from the beginning of the first pay period to commence on or after the 1st day of May, 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR513 of 1982. Between Australian Workers' Union West Australian Branch Industrial Union of Workers, Claimant, and Hamersley Iron Pty. Limited, Respondent. Before Mr Commissioner B. J. Collier. This 26th day of October, 1982. Mr C. Butcher on behalf of the claimant. Mr J. J. Christian on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: The matter referred for hearing and determination under section 44 of the Act is a claim by the Australian Workers' Union, West Australian Branch, Industrial Union of Workers that Hamersley Iron Pty Ltd should allocate one of its houses in Paraburdoo to a trades assistant Mr A. R. Thomson. The claim is opposed by the Company. The evidence reveals that Mr Thomson walked into the respondent's office in Perth during February, 1981 and sought a position. He completed an application form and was told that he would be contacted in due course. A telegram arrived a few weeks later, he was medically examined, interviewed and also signed "a lot of papers". One of these papers, entitled "Hamersley Iron—Conditions of Employment" was tendered by the respondent. Clause 25.—Acknowledgement reads as follows:— I have read and accept the conditions of em- ployment offered to me on 23rd February, 1981 by Hamersley Iron Pty Limited and acknowl- edge that I am appointed as Trades Assistant at Paraburdoo. I also accept that the type of ac- commodation allocated to me will not be changed except at the sole discretion of Hamersley Iron Pty Limited. For Single Persons I acknowledge and I have been offered single accommodation. I further understand that an application for married accommodation will not be considered until I have completed six (6) months service with the Company and then only if the position I am in attracts married accom- modation. The general acknowledgement was signed by Mr Thomson and his initials also appear opposite the ac- knowledgement "For Single Persons". Mr Thomson was adamant that he specifically asked his interviewer about his prospects of married accommodation and was told "You have to be there six months before you can apply for married accom- modation". At no time was he told that the classifi- cation, trades assistant, did not attract married ac- commodation. According to Mr Thomson he had been living with a partner in a permanent relationship for some three years at the time of his application. At December 1981, he returned to South Australia and brought his partner back to Perth, hoping that he would be able to obtain married accommodation in Paraburdoo. Shortly before this he had made an oral request for a house to his supervisor and received a negative reply. Arising from that conversation he spoke also to the Superintendent of Production who stated that although he might be able to obtain a transfer into that area he would not necessarily obtain a house as a result. Some short time after his first application for a house Mr Thomson was dismissed and was later re- instated by order of the Commission. Although it was suggested during the proceedings that this incident had an effect on the respondent's decision to refuse Mr Thomson a house I am quite satisifed that it formed no part of the consideration given. Indeed, I am satisfied that the decision taken at Paraburdoo was in keeping with a long standing policy of the Company that as a general rule the classification "trades assistant" should not attract married accom- modation but that special cases would be considered on their merits. It would apper that since Mr Thomson brought his partner to Perth he has been commuting regularly to Perth to visit her and the inconvenience and expense involved prompted him to make another oral appli- cation to his supervisor in August or September this year. His account of that approach is as follows:— I walked into his office and he asked what he could do for me. I said I would like to see him about housing. He just gave me the thumbs down signal. I was a bit disgusted at his attitude and I just walked out. 2844 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. Mr Thomson then approached an Employee Re- lations Officer concerning the matter. At an interview with her on 31st August, 1982 he was informed that she would recommend him for housing because of the situation which he had outlined. Exhibit 3 shows that the Employee Relations Officer did make the rec- ommendation but that the recommendation was op- posed by his supervisor. In supporting the super- visor's opposition the Department Head stated "Refer Foreman's remarks—no allocation available at this time for this category". A further note on the Exhibit shows that the Mine Manager refused the application on the basis of the Department Head's recommendation. The Commission has given consideration to all matters raised in these proceedings. It has no doubt that the general policy of the Company has been well known to most employees for a long time. Yet it does appear that the "special cases" or "exceptions to gen- eral rule" have increased in recent times and this has not gone unnoticed by employees. Indeed an exhibit tendered by the Union clearly showed that trades as- sistants employed in Dampier had in comparatively recent times been allocated housing and 10 had per- manent partners but no children. Of these, five were living in a de facto relationship. I am satisfied from the material before the Com- mission that a decision to allocate married accommo- dation to Mr Thomson would cause the Company no serious inconvenience either now or in the foresee- able future. I am also satisfied that not only do mem- bers of the applicant union believe that Mr Thomson's case has merit in the overall scene of housing allocations but also do representatives of other unions whose members also have a real interest in the priorities of allocations. Also significant in the overall merit question is the fact that the Employee Relations Officer who interviewed Mr Thomson saw fit to favourably rec- ommend his application. The Commission is usually reluctant to interfere in matters of this nature. However, after much con- sideration, and not without some doubt, it has de- cided that when all is weighed in the balances the scales favour the plea of the applicant. I have not discussed the arguments advanced by the respondent on matters of law. Much of Clause 3 in Division 2 of the Hamersley Iron Pty Limited Interim Award 1982 relates to housing and many of those matters were agreed by the parties and were in- corporated in that award at their request. From what was advanced to the Commission in the instant pro- ceedings I am satisified that the Commission has power to determine the claim on its merits. An order requiring the Company to offer married accommodation to Mr Thomson will issue. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR513 of 1982. Between: Australian Workers' Union West Aus- tralian Branch Industrial Union of Workers, Claimant, and Hamersley Iron Pty. Limited, Re- spondent. Order. HAVING heard Mr C. Butcher on behalf of the claimant and Mr J. J. Christian on behalf of the re- spondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— That Hamersley Iron Pty Limited offer mar- ried accommodation at Paraburdoo to Mr A. R. Thomson within 14 days of the date hereof. Dated at Perth this 4th day of November, 1982. (Sgd.) B. J. COLLIER, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR421 of 1982. Between Federated Engine Drivers and Firemen's Union of Workers of Western Australia, Claim- ant, and G. K. W. Construction Co. Pty Ltd; Astek Contracting Pty Ltd; Best J. J. & Son Holdings Pty Ltd; Vickers Keogh Pty Ltd; Gardner Bros & Perrott W.A. Pty Ltd; Jaxon Construction Pty Ltd; Pearson Bridge (W.A.) Pty Ltd; Leighton Contractors Pty Ltd; Comtesse Contracting Services Pty Ltd; Clough Engineering Group; Fabricated Products Pty Ltd; McFee Construction Engineering Pty Ltd; Silla-Careba Pty Ltd; Pilbara Industries Pty Ltd; International Combustion Australia Pty Ltd, Respondents. Before Mr Senior Commissioner D. E. Cort. The 20th day of September, 1982. Mr C. E. Mumme on behalf of the claimant. Mr K. J. Farrell on behalf of the respondents. Reasons for Decision. THE COMMISSIONER: This is a claim by the Fed- erated Engine Drivers and Firemen's Union of Workers of Western Australia that crane drivers em- ployed on construction work being carried out at Muja by International Combustion Australia Ltd and others for the State Energy Commission of Western Australia be paid a site allowance of 82.5 cents per hour. The matter is before the Commission pursuant to section 44 of the Industrial Arbitration Act, 1979. The crane drivers are covered by the Engine Drivers (Building and Steel Construction) Award No. 20 of 1973 but, insofar as is relevant to these proceed- ings, the rates of pay to which these crane drivers are entitled and the site allowance which is now appli- cable to the construction work at Muja may be found in the Memorandum of Agreement between the par- ties published on the 30th day of April, 1982 in mat- ter No. C200 of 1982 (62 W.A.I.G. 1072). In view of what is to follow it is as well to state that the memor- andum is to be read in conjunction with the Crane Drivers (On-site Construction) Order No. C168 of 1982 (62 W.A.I.G. 1032) and also, it is as well to give an outline to the background to the several orders that the Commission has been called upon to issue in recent times to cover crane drivers on construction work. First, what will be referred to, for convenience, as Order No. C200 of 1982 is binding on all the em- ployers (bar one) respondent to this matter and it has a term of 12 months from the beginning of the first pay period to commence on or after the 7th day of February, 1982. Clause 9.—Special Projects of that Order in paragraph (d) of subclause (2) prescribes a site allowance of 10.5 cents for any worker engaged on construction work for the State Energy Com- mission at Muja. To all intents the terms of Order No. C200 of 1982 are no different from those of Order No. C168 of 1982, which was issued on the 6th April, 1982, as amended with respect to the Muja construc- tion site on the 30th April, 1982 on which date a Memorandum of Agreement was published to pre- scribe the aforementioned allowance of 10.5 cents (62 W.A.I.G. 1075). Next Order No. C168 of 1982 issued from a conference held pursuant to section 44 of the Act at which the parties reached agreement on all matters in dispute. That order replaced the Crane Drivers (On-site Construction) Order No. CR123 and CR205 of 1981 which was issued by the Commission in September 1981 following a lengthy dispute in the industry involving strike action by crane drivers on construction sites generally. The events leading up to and the judgement of the Commission in that matter 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2845 is of importance in order to place the present claim in perspective, but before referring thereto it is desir- able to outline the claim which is now before the Commission. Briefly stated the union contends that the wage rates for crane drivers as set out in Order No. C200 of 1982, but only insofar as those rates are comprised of a base rate and a special payment, have a fair and reasonable comparison with rates generally appli- cable to other construction workers in this State and in particular builders labourers and that, in addition to those wage rates, such drivers should be paid the site allowance applicable to those other workers on the Muja construction job, namely 82.5 cents per hour. It was in April 1982 that the union agreed to a site allowance of 10.5 cents for crane drivers at Muja, and in view of the claim, it is necessary to state that it was by decision of the Australian Conciliation and Arbi- tration Commission dated the 16th December, 1981 that the allowance of 82.5 cents per hour was granted to builders labourers. However, in these proceedings the union maintains that when it agreed to the site allowance of 10.5 cents it was not aware of that de- cision of the Australian Commission although it ac- knowledged that at the time it knew that metal trades workers on site were entitled to an allowance of 82.5 cents (the Metal Trades (General) Award No. 13 of 1965 was amended to that effect in February 1982 (62 W.A.I.G. 271)). In this context it is import- ant to note that the decision of the Australian Com- mission in December 1981 increased the Muja allow- ance for builders labourers from 47.5 cents to 82.5 cents per hour and to place on record that according to the union that allowance of 47.5 cents had op- erated from October 1980 and was known to the union in April 1982. Accepting that the union was not aware of the December 1981 decision of the Australian Com- mission, it still follows that it agreed to an allowance of 10.5 cents when it thought the site allowance was 47.5 cents per hour for builders labourers and knew it was 82.5 cents for metal workers on site. When viewed against the submissions now put to the Com- mission that agreement seems difficult to explain but is easily understood having regard to the events lead- ing up to and the judgement of the Commission in matter No. CR123 and CR205 of 1981. To gain an appreciation of that comment it is necessary to look at the background against which crane drivers were granted higher rates of pay in 1981 and, in what is to follow, an endeavour has been made to summarise events at the time together with the judgement of the Commission, and in particular those parts relating to the construction of large in- dustrial undertakings. In addition, in view of matters raised in the proceedings, emphasis has been given to certain aspects of the judgement. Less the summary be incomplete in any respect, and particularly in order that crane drivers on site will gain a better ap- preciation of the position, there is appended hereto relevant extracts from the judgement of the Com- mission dated the 11th August, 1981 (61 W.A.I.G. 1599) and from remarks made by the Commission at the delivery of the Interim Order on the 4th September, 1981 (61 W.A.I.G. 1445). The summary follows— in 1981 by reason of union practice and policy a number of different rates of pay applied to crane drivers engaged on construction work dependent upon the type of work on which they were em- ployed and the particular construction site; on large industrial projects a pattern had emerged whereby there were stoppages of work and claims for higher rates and, in the proceed- ings then undertaken, the union stated "that crane drivers are 'fed up' with that policy and practice and wish to establish a different means by which wage rates may be established"; in 1981 a lengthy dispute developed involving prolonged strike action by crane drivers and, notwithstanding that the union had sought and obtained various rates of pay on construction sites, the union complained of confusion among crane drivers and claimed that it was desirable for the Commission to prescribe "the one rate of pay for the one class of work, no matter the con- struction site"; on the construction of multi-storey buildings the Commission fixed a rate of wage which should not be compared in the manner now suggested by the union with that applicable to a builders labourer in that an increase "somewhat higher than would otherwise be the case" was allowed "in the knowledge that the 'somewhat higher' amount may be absorbed in wage increases to which riggers will be entitled in November 1981 and in increases to which riggers may otherwise become entitled in the future". on other construction work where over the years a relationship had been recognised between the wage of a crane driver and that of an engineering tradesman the Commission endorsed that ap- proach, but, in view of the "somewhat higher" amount allowed to other crane drivers, the Com- mission granted an additional amount which brought the wage for these drivers "so close to that to be applied to work on multi-storey build- ings that the same wage will be prescribed"; the total wage (including site allowance) of a crane driver in receipt of a higher wage than that determined by the Commission was not to be in- creased. To give effect to that one suggestion, being the one that was implemented, was that the wage fixed by the Commission should be pre- scribed for work on each site but with a reduction in the site allowance then being paid; notwithstanding the fear of employers that to fix a lower site allowance for crane drivers than for others on site would "cause confusion and indus- trial disputation" the Commission accepted what was said by the union and also the concept involved which was to remove, at least as far as possible, differing rates of pay on construction sites. The Commission asked the union whether if a site allowance applicable to workers gener- ally on a site, and Wagerup was exampled, were reduced for crane drivers as compared to the others, "how long would crane drivers sit... without contending that their rate was un- fair". A problem was foreseen but Mr Mumme, on behalf of the union, replied— It is not much of a problem with us, Sir, be- cause they (the crane drivers) quite clearly understand that the whole intent and purpose of the exercise was to get their hourly rates and base rates up and levelled out across the industry. That was the real intent of the whole thing. They do not expect to have an in- crease—on Wagerup for instance, they do not expect to have an increase on those terms. an Interim Order issued to prescribe the rates determined by the Commission but not for drivers on those sites on which the total rate of pay, including site allowance, exceeded those rates. In those cases, the previous rate of pay was maintained together with the site allowance gen- erally applicable, for example, to builders labourers. The matter was finalised sub- sequently when the rates determined by the Commission were extended to all crane drivers, but, in relation to the aforementioned sites, the varying allowances were reduced. By way of example, in the Interim Order, the wage of a tower crane driver at Wagerup was $255.40—the existing wage at the time—to which there was added a site allowance of 85 cents per hour together with other allowances totalling 20 cents per hour. In the final Order the wage became $280 per week but the site allowance was reduced to 23.5 cents per hour with the other al- lowances remaining unaltered. It is evident that to accept the argument now put by the union would be to return to the policy and practice which in 1981 the Commission was told had created confusion and industrial discontent among crane drivers who, it was said, moved from one con- struction site to another and were not able to differ- entiate between sites to the extent shown by the varying rates of pay. The Commission acted to lessen the differences in wage rates. In some cases by com- pletely removing wage differentials. For example at the time crane drivers at Muja were in receipt of a site allowance in line with that applicable to engin- eering workers (see 61 W.A.I.G. 220) but with the in- crease in the rate of wage to $280 per week that al- lowance was absorbed as were allowances on other sites and to that extent uniformity was created with the more substantial wage increases flowing to crane drivers on those sites on which no allowance was ap- plicable. At the time the allowance at Muja for builders labourers was 47.5 cents per hour. It would seem that if it had been 82.5 cents per hour, as it is at present for others on site, then on what happened at Wagerup where the allowance was reduced by 61.5 cents the site allowance at Muja would have become 21 cents for crane drivers. In the words of Mr Mumme "the whole intent and purpose of the exer- cise was to get their hourly rates and base rates up and levelled out across the industry. That was the real intent of the whole thing. They do not expect to have an increase". What then has happened which should cause a change in the concept thought to be so desirable in 1981, and which brought about a substantial increase in wage rates for those crane drivers not in receipt of substantial site allowances? To my mind very little, unless the claim is nothing more than a ploy directed at recreating the confusion and industrial discontent which the Commission sought to remedy and on the union's assurance that the overwhelming desire of crane drivers was to remove wage differentials be- tween construction sites. It is not correct to suggest that in August 1981 the Commission created a certain "relationship" between the "ordinary wage rates" of crane drivers and builders labourers. The comparison made by the union in Exhibit 9 is not a correct one and in the proceedings the union conceded that was so. Certainly no such nexus was created for crane drivers on large industrial undertakings. In 1981 it was no more than fortuitous that the assessed rate was so close to another that it was fixed at the same level. One change is to be found in the terms of the Memorandum of Agreement published on the 30th April, 1982 in matter No. C200 of 1982. Whilst in Clause 9.—Special Projects the Memorandum main- tains the concept whereby part of the site allowance generally payable at Wagerup (and Worsley) is in- cluded in or absorbed into the base rate of pay and the special payment that is not the case on building construction multi-storey sites (Clause 6). The allow- ances there stated are those for builders labourers but as I have said, for the union to seek such allow- ances is to create different rates between sites and was the situation which gave rise to a prolonged strike in 1981, and yet the employers agreed to such allowances. That is an action which should not be to the prejudice of the employers in these proceedings. In fact, if the claim in this matter were granted the Commission may have created inequities of the kind which in 1955 contributed to a review of the rate_ of pay for metal tradesmen engaged on construction work (refer 55 W.A.I.G. 1827). In the proceedings mention was made of a construction site upon which rates other than those prescribed in the several Or- ders are being paid. If that be so the employers con- cerned are in breach of those Orders. On the other hand the Commission is aware of in- stances where it is the practice to pay crane drivers the same site allowance as applicable to other workers on site but the wage comprised of base rate and special payment for those crane drivers is not the same as that applicable to these drivers. For reasons stated the claim and more particularly the basis upon which it is founded is rejected. I am far from satisfied that the concept approved in 1981 should be set aside. It remains to determine the extent to which, if at all, the existing allowance of 10.5 cents per hour should be increased. As has been mentioned that al- lowance was agreed in 1982 and according to the terms of the Memorandum of Agreement was to re- main in force until February 1983. That agreement cannot be ignored. Should it be accepted—and be- cause the employers are prepared to increase the present allowance I am prepared to do so—that in April 1982 the union thought—quite wrongly—that the site allowance for builders labourers was 47.5 cents per hour then it could be equitable to add the increase of 35 cents (to 82.5 cents per hour) to the agreed allowance. The resultant 45.5 cents per hour would seem to be all that could be expected in any order of the Commission. However, information made available to the Commission reveals that the employers, in an endeavour to settle the dispute, suggested an allowance of 47.5 cents but to apply from July 1982. That was not acceptable to the union nor was a recommendation put by a Commissioner presiding over a conference between the parties. The Commission, as presently constituted, is told that that recommendation lapsed but in any event it involved a degree of retrospectivity which, by reason of the provisions of the Act, this Commission is pre- cluded from awarding. The Commission is enjoined by section 26 of the Act to act according to equity, good conscience and the substantial merits of the case and in the circum- stances of the 1981 Order of the Commission and the agreement reached between the parties in April 1982 it is considered that the site allowance of 47. 5 cents per hour suggested by the employers is neither unfair nor unreasonable. The minutes of a proposed Order will be drawn accordingly and the parties are re- quired to discuss the date from which that allowance should operate in the knowledge that unless the par- ties so agree the Commission is precluded from fixing a date prior to that upon which he matter was referred to the Commission. Appendix. Nos. CR123 and CR205 of 1981. Extracts from reasons for decision dated the 11th day of August, 1982 (61 W.A.I.G. 1599). The base upon which the foregoing claim was erected was that, in lieu of the multiplicity of rates which now exist, the driver of a tower crane, or, sub- ject to lifting capacity, of a mobile crane should be paid the one rate of pay irrespective of the particular construction job upon which he is engaged and also that, having regard to wages payable on certain con- struction sites in Victoria, the level of the wage in this State should be increased. (At p. 1599.) In view of the protracted nature of the strike it is desirable to outline the background against which the claim of the union was formulated as it is felt that by 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2847 so doing the issues raised by the claim may be seen in perspective. Additionally, it will become evident that for some time, and on the application of the union, different rates of pay have been fixed for crane drivers on construction work until now there is the multiplicity of rates about which the union is critical. (At p. 1599.) ... It may be said with respect to large industrial projects in particular, and seemingly by reason of the volume of such projects, that pattern of a stoppage of work and a claim for higher rates than those pre- scribed by the principal award has been followed by this union albeit in association with other unions. Now, however, the union states that crane drivers are "fed up" with that policy and practice and wish to es- tablish a different means by which wage rates may be established. (At p. 1599.) The pattern of wage fixation established by the 1974 award for crane drivers on multi-storey build- ings has continued with the common consent of the union and the employers until the union developed the present claim. During that period of seven years it may be said that there has been good industrial re- lations in that part of the industry. Unfortunately, as has been mentioned previously, industrial action of one kind or another has been taken on other construction sites and particularly on those involving large industrial undertakings. It is in that circumstance that the number of differing rates has increased. That development will be discussed later, but, on the surface, there would seem to be no reason why industrial relations could not improve be- tween crane drivers on such industrial projects and their employers if, as is now stated by the union, crane drivers wish to establish their own wage rates without recourse to site industrial action. Strangely, the protracted nature of the strike may well indicate a real desire by crane operators to change past prac- tice and policy but, in view of events since 1974, it is far from certain that if the Commission were to fix the one rate of pay that rate would be maintained in the face of the kind of pressures which have existed in the past and which may well arise in the future. (At p. 1600.) Thus, on 26th February, 1981 six different rates of pay were sought and obtained by the union, yet two months later a strike commenced with the union complaining of confusion among crane drivers as to the position and the desirability of prescribing the one rate of pay for the one class of work no matter the construction site. (At p. 1600.) In the circumstances it is proposed to fix a rate of wage by reference to that building construction which may be identified and distinguished from other construction work, namely multi-storey build- ing work. However, at the speaking to minutes the parties will be given an opportunity to be heard on this question. There may well be a means by which a clear line may otherwise be drawn between sectors of the construction industry, but in the meantime I will proceed to determine an appropriate rate for the con- struction of multi-storey buildings throughout the State. In this respect it is desirable to make several obser- vations. First, it is common ground that the one rate should apply throughout the State and that the rate could be different from the rate on other construc- tion sites whether involving large industrial projects or otherwise. Next, whilst in relation to the level of wages in this State the main thrust of the union's case had regard to rates in Victoria, the information presented was with respect to large industrial under- takings and the like and not for the construction of multi-storey buildings. Thirdly, in 1974, the union and the employers agreed upon a rate of wage having regard to the wage applicable to builder's labourers (riggers) on building sites and it may be said that that wage was in proper relationship with rates appli- cable to building workers at large who form the much greater proportion of the work force on such sites. That is really the only information now before the Commission and also it is important to ensure that wage relativities as between employees on the one construction site will not be thought to be unfair. Finally, to my knowledge and speaking generally, good industrial relations have existed on building sites on which the aforementioned 1974 relationship has operated. The recommendation by the Commission which is now reflected in the employers' answer had regard to the 1974 relationship, the extent to which that re- lationship had not been maintained since November 1980 and the anticipated wage movements. Those factors remain although the employers, by exhibit "8" have suggested that tower crane operators are en- titled to a somewhat greater amount than that first suggested to the Commission as being necessary to maintain the 1974 relationship. That may be so although the nature of wage movements in 1974 was such that to so adjust the wage may be to disturb the proper relativity with builders labourers. In the cir- cumstances of this-case a conclusion need not be reached oh that question as it is intended to deter- mine a wage along the lines which formed the basis of the recommendation to the parties. That was to allow an increase somewhat higher than would otherwise be the case in order to compensate for additional moneys not paid to tower crane operators since November 1980. This to be done in the knowledge that the "somewhat higher" amount may be ab- sorbed in wage increases to which riggers will be en- titled in November 1981 and in increases to which riggers may otherwise become entitled in the future. It may be that at that time the question posed earlier herein will need to be answered. The amount to be awarded in the short term should be based on that reflected in exhibit "8" although for the reason mentioned, but subject to further discussion, I would not be prepared to endorse that "calculation" in the long term. (At p. 1601-2.) It is with respect to crane drivers on construction sites, other than multi-storey buildings, that there has been the considerable industrial disputation which the union desires to avoid in the future. It is understandable why on such sites a relation- ship had become recognised between the wage of an engineering tradesman and that of a crane driver when the union has acted in combination with engin- eering unions on these construction sites for about 20 years. It is also understandable why the wage of a crane driver has been determined in the light of wages payable to other workers on the same site who form by far the greater majority of the work force. Subject to the skills and responsibilities of a crane operator being properly recognised such a "relationship" on site is of more importance than having "uniformity" as between rates on a number of construction sites and certainly when those sites are situated in other States. (At p.1602) The rates of pay now applicable to crane operators are as a consequence of a recent review by the Com- mission of construction rates in the matter of an ap- plication to amend the Metal Trades (General) Award No. 13 of 1965. In reasons for decision dated the 14th day of January, 1981 (61 W.A.I.G. 384 at pp. 386-390) the Commission: reviewed the basis upon which rates of pay for construction workers had been determined in this State; endorsed the concept that rates on construction work should be determined in the wage environ- ment in this State and not having regard to rates payable on certain projects in other States; 2848 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. recognised that construction workers, unlike workers on production and maintenance, cannot expect long-term employment; found that, in the context of rates payable to production and maintenance workers in large in- dustrial undertakings, construction rates should be increased; reviewed the higher rates payable on certain con- struction sites at Wagerup, Kwinana, Pinjarra and Muja and recognised that such rates sup- ported the earlier stated view that construction rates should be increased; accepted, in relation to large projects, that it was desirable for the same wage to be prescribed for workers on all sites and moved to increase the wage prescribed in the award but not on those sites where additional allowances of one kind or another were applicable; increased the special payment on other construc- tion sites to an amount applicable generally to building workers by way of an additional pay- ment and a special allowance; accepted a contention that construction work at Muja and Kwinana carried out for the State Electricity Commission of Western Australia should be distinguished from construction work at large and allowed a higher wage. Subject to what is to follow I am not persuaded that the broad principles outlined in January 1981 should be set aside and the order to issue will con- tinue to recognise different wage levels as between large projects and "other construction" work. In relation to "other construction" work the ad- ditional payment applicable to building workers has been increased since January 1981 and, together with the special allowance, an amount of $43.60 per week is now payable to such workers. That increase will be reflected in the minutes of the proposed order and, in equity, I consider that having regard to what is pro- posed for tower crane operators on multi-storey buildings, recognition should also be given to the "additional amount" allowed to those operators in- cluding that which will apply to building workers in November 1981. On large projects the total wage should be adjusted also to reflect that "additional amount". In the result the wage would become so close to that to be applied to work on multi-storey buildings that the same wage will be prescribed. In each case it is intended that the rates set out will be the maximum rate to be paid, including any allowance whether prescribed by Order or paid by ar- rangement unless a higher total rate is presently ap- plicable. It is not intended that the wage of those tower crane operators in receipt of a higher total rate of wage will be increased except for indexation and thus differences between rates will be lessened. (At p.1602) It will be necessary to discuss the extent to which, if at all, the Order is to apply to construction sites upon which additional amounts are now payable where the total wage, including those amounts, is in excess of the wage now to be prescribed. The parties are better informed than the Commission in that re- spect as it will be known which sites are involved and the payments being made. One course open would be to prescribe, for example, that the Order shall not apply to crane drivers engaged on work at Burrup Peninsula, Wagerup, Pinjarra and any other plance where higher rates apply. That would mean that the award would remain to provide the base rate to which the existing additional amounts would be attached. That approach would require a continual review of the award and could be confusing. Another approach would be to replace the wage rates in the award and where necessary to adjust the extra rates on the par- ticular construction sites to maintain the existing total wage on those projects upon which a higher wage is now payable. (At p.1603) Extract from remarks made at delivery of the interim order on the 4th September, 1981 (61 W.A.I.G. 1445). The principal question to be determined is the form of the order. The union considers that it should apply to all construction work throughout the State and recognises that on the construction project at Wagerup, for example, the increase in the base rate for crane drivers which is reflected in the minutes should be absorbed into the site allowance presently applicable. However, a somewhat different approach is adopted with respect to the North West Shelf Proj- ect and the Worsley Alumina Refinery. Perhaps it is best said that the union wishes to keep all its options open with respect to drivers on the Burrup Peninsula and at Worsley. On the other hand, the employers take the view that the order should not apply to those projects on which rates of pay in excess of those to be prescribed in the order are presently payable. Those higher rates comprise the relevant award rate and additional payments applicable to other workers on site and with absorption it is felt that to have a lower "site allowance" for crane drivers than for others would be likely to cause confusion and indus- trial disputation. That may be so, but not if the con- cept pressed so strongly by the union in the proceed- ings is reflected in the attitude of the crane drivers on site. In this respect attention is drawn to an extract from the transcript when I stated— The $64 question which needs to be answered is if at Wagerup, for example, the $1.05 (the site al- lowance) or whatever it is was reduced down to 50 odd cents, how long would crane drivers sit (we would hope forever) without contending that their rate was unfair. That is my problem, Mr Mumme. Really it is. and Mr Mumme, on behalf of the union replied— It is not much of a problem with us, Sir, because they quite clearly understand that the whole intent and purpose of the exercise was to get their hourly rates and base rates up and levelled out across the industry. That was the real intent of the whole thing. They do not expect to have an increase—on Wagerup for instance. They do not expect to have an increase in those terms. In the long term I consider the approach of the union is to be preferred to that of the employers .. . (at p.1445) BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR421 of 1982. Between The Federated Engine Drivers and Firemen's Union of Workers of Western Aus- tralia, Claimant, and G.K.W. Construction Co. Pty Ltd; Astek Contracting Pty Ltd; Best J. J. & Son Holdings Pty Ltd; Vickers Keogh Pty Ltd; Gardner Bros & Perrott W.A. Pty Ltd; Jaxon Construction Pty Ltd; Pearson Bridge (W.A.) Pty Ltd; Leighton Contractors Pty Ltd; Comtesse Contracting Services Pty Ltd; Clough Engineering Group; Fabricated Products Pty Ltd; McFee Construction Engineering Pty Ltd; Silla-Careba Pty Ltd; Pilbara Industries Pty Ltd and International Combustion Australia Ltd, Respondents. Order. HAVING heard Mr C. E. Mumme on behalf of the claimant and Mr K. J. Farrell on behalf of the re- spondents, the Commission, pursuant to the powers 24th November, 1982.] WESTERN AUSTRALIAN IN D U ST RIA L G A Z ETT E. 2849 conferred on it under the Industrial Aribtration Act, 1979 hereby orders— 1. That the Crane Drivers (On-site Construc- tion) Order No. C168 of 1982 be amended by deleting subparagraph (ii) of paragraph (d)—applicable to any worker engaged on the State Energy Commission of Western Australia site at Muja—of subclause (2) of Clause 9.—Special Projects and inserting in lieu thereof— (ii) a site allowance of 47.5 cents per hour for each hour worked. 2. That the Crane Drivers (On-site Construc- tion) Supplementary Order No. C200 of 1982 be amended by deleting subparagraph (ii) of paragraph (d)—applicable to any worker engaged on the State Energy Com- mission of Western Australia site at Muja—of subclause (2) of Clause 9.—Special Projects and inserting in lieu thereof— (ii) a site allowance of 47.5 cents per hour for each hour worked. 3. That this Order shall operate on and from the 26th day of July, 1982. Dated at Perth this 13th day of October, 1982. (Sgd.) D. CORT, [L.S.] Senior Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. C478 of 1982. In the matter of the Industrial Arbitration Act, 1979; and in the matter of a conference pursuant to section 44 of the said Act between Federated Liquor and Allied Industries Employees Union of Australia, Western Australian Branch, Union of Workers, Applicant, and Chateau Commodore Hotel, Respondent. Order. WHEREAS a conference was held in Perth on the 22nd day of September, 1982, and the 5th day of October, 1982 pursuant to section 44 of the Industrial Arbitration Act, 1979; and whereas an agreement was reached between the parties to that conference: Now therefore I, the undersigned, a Commissioner of the Western Australian Industrial Commission before whom the conference was held, do hereby order— That Chateau Commodore Hotel pay to Mrs May Esther McCoombe the sum of $2 306.40 within seven days of the date of this order. Dated at Perth this 15th day of October, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Nos. CR286 and CR319 of 1982. Between Liquor and Allied Industries Employees Union of Australia, Western Australia Branch, Union of Workers, Claimant, and No. 286 of 1982, Poon Brothers (W.A.) Pty Ltd.; No. 319 of 1982, Nationwide Field Catering Pty. Ltd., Re- spondents. Before Mr Commissioner G. A. Johnson. The 13th day of October, 1982. Mr E. L. Fry on behalf of the claimant. Mr G. R. Gillies on behalf of the respondents. Reasons for Decision. THE COMMISSIONER: These matters come before the Commission from conferences held pursuant to the provisions of section 44 of the Industrial Arbi- tration Act, 1979, and the matters in dispute arise this way. A number of companies are engaged in the business of supplying meals and services to em- ployees of companies carrying out their operations in remote areas where ordinary accommodation is not available. The iron ore mining and processing oper- ations in the Pilbara are typical. Contracts for the supply of meals and services are usually for fixed terms of two or three years. Usually the company requiring the supply provides the build- ings and fixtures and the supplier provides the moveable appliances, consumables and labour. Ten- ders are invited from the group of supplying companies and it is not unusual for an existing con- tractor to be unsuccessful in its tender for the follow on contract. The supply of meals and services is necessarily a continuous operation which does not admit to any break in the supply at a time of change over between one supplier and another, and it is not unusual for the new supplier to take over the moveable ap- pliances, consumables and labour from the old sup- plier so ensuring the supply of a continuous service. So far as the employees are concerned, their contract of service with the old supplier terminates and they are engaged by the new supplier for a fresh contract of service. There is no consideration as between the two suppliers with respect to the contract to supply the services and any arrangement entered into be- tween them in respect to plant and consumables is after that event. These circumstances do not appear to fall within the meaning of transmission as it is contained in the Long Service Leave General Order (58 W.A.I.G. 1). I make no finding in this regard as the parties chose not to argue the question at this time. Turning now to the specific circumstances of the disputes now before the Commission. Poon Brothers (W.A.) Pty. Ltd. held the contract to supply Goldsworthy Mining Limited with meals and services at its operations at Goldsworthy. Poons had been successful tenderers ever since the Goldsworthy oper- ation commenced in 1966. That contract expired on 30th April, 1982 and, in accordance with the usual practice, tenders were invited from a number of in- dustrial catering firms. After some delay the new contract was entered into between Goldsworthy Mining Limited and Nationwide Field Catering Pty. Ltd.; the successful tenderer to commence on 1st June, 1982. A meeting between employees of Poons and officials of Poons and Nationwide took place on 5th May and the change over was discussed. From that meeting came an offer by Nationwide to employ those members of the existing workforce in their then present capacities if they so desired. Three members of the workforce were transferred by Poons to other centres of its operations and the rest, 35 employees, were engaged by Nationwide. 2850 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. Notices of termination were issued by Poons on 13 May and those engaged by Nationwide did so on the basis of the conditions contained in the Industrial Catering Workers Award No. 29A of 1974, an award of this Commission. It transpires that Poons pro- vided a number of benefits to its employees over and above the award and there have been a number of discussions between the applicant union and Nation- wide over a continuation of these benefits. As part of the discussions, attention was directed to three mat- ters which have arisen as a consequence of the change over and agreement could not be reached. They are the matters referred to the Commission for determi- nation and they are set out— Poon Brothers (W.A.) Pty. Ltd. The applicant union claims that employees of Poon Brothers (W.A.) Pty. Ltd. at Goldsworthy as at the date of the cessation of business under the contract to Goldsworthy Mining Limited and whose services were terminated because of the cessation of business under the contract shall be paid an amount equivalent to the sum calculated by reference to pro rata long service leave. Or alternatively that the employees referred to be entitled to the benefits of the General Order relating to long service leave by deeming the ser- vice with Poon Brothers (W.A.) Pty. Ltd. to be continuous with that of the employer which im- mediately succeeds Poon Brothers (W.A.) Pty. Ltd. in the contract to supply services to Goldsworthy Mining Limited at Goldsworthy. The employer objects to the claim. Nationwide Field Catering Pty. Ltd. The applicant union claims that:— (i) The services of employees of Nation- wide Field Catering Pty. Ltd. at Goldsworthy who were employed by Poon Brothers (W.A.) Pty. Ltd. im- mediately preceding the commence- ment of the contract to supply services to Goldsworthy Mining Limited shall be deemed to be continuous with their ser- vice with Poon Brothers (W.A.) Pty. Ltd. for the purposes of long service leave and the payment of service pay as provided by the Industrial Catering Award No. 29A of 1974. (ii) the employees referred to in (i) hereof who were entitled to travel assistance in accordance with Clause 30 of the award with respect to their employment by Poon Brothers (W.A.) Pty. Ltd. shall be deemed to be employees who have been engaged in Perth, for the purpose of Clause 30 of the award. The employer objects to the claim. I am pleased to record that during proceedings agreement was reached as between Nationwide and the union with respect to item (ii) travel assistance. The two remaining matters are long service leave and service pay. Long Service Leave. The applicant union's argument centres on the concept that the process of change over as described in these reasons has all the essential characteristics of a transmission as contemplated by the Long Service Leave General Order. That being so and accepting for the debate that it is not a transmission, equity de- mands that it be deemed to be a transmission. Such action would, according to the applicant, permit an employee to consider employment under successive contracts as being continuous and to look to the latest employer when entitlements relating to long service leave arise. The union emphasised the point that employees were deprived the opportunity of qualifying for long service leave because of changes in the employer as successive contracts were negotiated with respect to the supply of services at particular sites. A number of cases were referred to, the most im- portant being the St. John's Case in which benefit was extended to employees when the old employer (the hospital) arranged with the new employer (a cleaning contractor) to take over the cleaning staff when the hospital passed over the cleaning work to the contractor (61 W.A.I.G. 782). For the employers it was argued that the industry is not a career industry and by the very nature of the industry it cannot promise long service. If the em- ployees in such an industry are seen to be at a disad- vantage by comparison with other employees, the remedy lies in specific legislation and reference was made to the Long Service Leave General Order Case (58 W.A.I.G. 116 at p. 119). So far as the claim that the change over contains all of the essential elements of the transmission, it was submitted that either it was a transmission or it was not and benefits should accrue accordingly. There is I believe one element which distinguishes the change over described in these reasons from a transmission and that is that the two employers are at no time parties to the same contract. There is therefore no opportunity to agree to terms and con- ditions with respect to the entitlements of persons who have been or who will be employees. When each of the tenderers calculates the offered price for the services there is no reasonable way in which allowance may be made for the entitlements of employees of the old contractor so that in this case the value of the service of employees with the old contractor will not have been allowed for. Alternatively, if there is a requirement to recognise prior service before the offered price is calculated then the chances are that those employees with longer service will not be offered employment with the successful tenderer. In this case it is not possible to determine whether the long service leave earnings of Poon's employees was a reasonable consideration to meet the desire on the part of Nationwide to have experienced employees on site capable of providing a continuous service at the change over time. The in- ference was that it was not. In the absence of an obli- gation on the part of the successful tenderer to em- ploy the workforce of the old contractor it does not seem possible to prevent employees losing their em- ployment just because they have long service. Whilst it is possible in this case to negate that situ- ation, in so doing it would provide no solace for em- ployees in the future who are engaged in this indus- try. A situation in which the applicant wins the battle but loses the war. It is far better in my view to look at this situation as a simple case of redundancy because that is what it is. So far as service with Poons is concerned, the loss of the contract meant that the jobs no longer existed and termination of employment occurred. With the exception of the three employees who were transferred to other sites, all employees re- mained on site and gained employment with the new employer. Whilst certain benefits arising out of extra award agreements between Poons and the union were lost the only award loss occurred in the inability of the employees to qualify for long service leave as pro rata payment on termination. It is fair comment I think so say that most em- ployees would not qualify for long service leave simply because it is a high turnover industry. Poons have held the Goldsworthy contract for some 15 years yet only five of the 34 employees have served for more than three years. In all the circumstances I believe it proper to make an order compensating those with reasonable service for the fact that their chance of using that service to 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2851 accrue long service leave has disappeared and pay- ment in lieu will be ordered for those with more than three years' service. Service Pay. The award provision contains reference to service with the one employer. The provision was designed specifically for this industry in the knowledge that contracts change. An order in the terms sought would effectively negate that provision which has appli- cation to all employers bound by the award. For that reason the application is refused. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR286 of 1982. Between Liquor and Allied Industries Employees Union of Australia Western Australian Branch Union of Workers, Claimant, and Poon Brothers (W.A.) Pty. Ltd., Respondent. Order. HAVING heard Mr E. L. Fry on behalf of the claim- ant and Mr G. R. Gillies on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That Poon Brothers (W.A.) Pty. Ltd. pay to Andrew Hong, Maria Popic, Fatimah Penny, Ahmet Mrkaljevic and Thi Hong amounts equal to pro rate long service leave in respect to their completed years of service within 21 days of the date of this order. Dated at Perth this 2nd day of November, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR319 of 1982. Between Liquor and Allied Industries Employees Union of Australia Western Australian Branch Union of Workers, Claimant, and Nationwide Field Cater- ing Pty. Ltd., Respondent. Order. HAVING heard Mr E. L. Fry on behalf of the claim- ant and Mr G. R. Gillies on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That (1) The employees whose names are set out in the schedule below shall for the purposes of Clause 30 of the Industrial Catering Award No. 29A of 1974 be deemed to be employees engaged in Perth. (2) Schedule of Names Andrew Hong. Ahmet Mrkaljevic. Fernando Machadinho. Peter Govers. Phat Tran. Van Long Bui. William Bayliss. Arslan Sulejmani. Lubjen Dimitrijevic. Krst Terzioski. Dated at Perth this 2nd day of November, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR356 of 1982. Between Federated Miscellaneous Workers Union of Australia Western Australian Branch Union of Workers, Claimant, and Board of Governors, Hale School, Respondent. Before Mr Commissioner G. A. Johnson. The 13th Day of October, 1982. Miss P. B. Kirwan on behalf of the claimant. Mr J. Birman on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: This matter has been referred for determination pursuant to the provisions of section 44 of the Industrial Arbitration Act, 1979 and concerns a claim that the services of an employee were terminated unfairly. The employee commenced with the school in 1966 as a pantry maid. In 1968 she became a cook and re- signed in 1969 at the death of her husband. She re- commenced in 1972 and with two minor breaks in service continued in employment to the time of her termination on 19th January, 1982. During 1981 the school decided to review its cater- ing service and advertised for a Boarding Service Manager as a part replacement for the then vacant job of Matron which had, amongst other things, the responsibility of providing meals for students and staff. The employee was an unsuccessful applicant and she was advised of this in a letter dated 17th November, 1981. The letter concluded by saying "—we value your services to the school and trust you will continue in your present capacity under the new manager —" (Ex.C.) The school year concluded and the employee went on annual leave. Several days before she was due to recommence work she received a letter dated 19th January, 1982 in the following terms. Owing to changes in the Catering System at Hale School we find that we have no position available to you in the immediate future. Please find enclosed a cheque for pay in lieu of notice (Ex. D.) It transpires that the new manager saw the em- ployment of trained cooks as a major requirement in the reorganisation of the school's catering service and had engaged two qualified persons to commence work for the beginning of the school year. The facts outlined above are, I believe, sufficient to base a conclusion. There is I believe no argument with the general proposition advanced by the employer that a week's notice or payment in lieu is sufficient to effect a ter- mination of a contract of service and the action of the employer in this case is in accordance with that gen- eral proposition. There is however a general attitude in this day and age that the process of termination requires something more than the impersonal ser- verance contemplated by law. The suggestion put to me that the parties stand equally in a contract of ser- vice, whilst legally so, is patently wrong in the real world. One has only to contemplate the respective positions of the parties when one or the other termin- ates the contract in accordance with the award and there is really no need for me to trace the develop- ment of the practices of industrial tribunals which recognise that fact when dealing with "unfair termin- ation" cases. The insensate action in this case has totally ignored these practices. There were a number of things which may have re- lieved the employer from the accusation of having acted in the manner described. For example, no at- tempt was made to offer the employee an alternative but lower paid position in the kitchen. No attempt 2852 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. was made to discuss the changes and their impli- cations with the employee. Nor was any attempt made to phase in the new arrangements so giving the employee a reasonable opportunity to look for suit- able alternative employment. There was nothing in the evidence to suggest that the employee could not have carried out the task of cooking under the direction to the satisfaction of the employer. There is nothing to suggest that her abili- ties were totally extended by the limited range of the menu followed by the previous occupant. The em- ployee was discharged not because she could not cook but because she was not qualified. Paradoxically the third cook (sweets) engaged by the employer is not qualified. I suppose there are benefits to be obtained by a clean sweep but in this case those benefits will have to be weighed against the decision in this matter. I do not see anything to be gained by ordering the em- ployer to re-engage the employee, a conclusion which leads to the matter of appropriate compensation. I am conscious of the fact that the employee was able to get employment shortly after termination but that was temporary and completed some time ago. The amount I fix is the sum calculated by reference to the employee's weekly wage for six weeks. The parties are to calculate that amount and fol- lowing a speaking to the minutes an order will issue. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION No. CR356 of 1982. Between Federated Miscellaneous Workers Union of Australia, Western Australian Branch Union of Workers, Applicant, and Board of Governors, Hale School, Respondent. Order. HAVING heard Miss P. B. Kirwan on behalf of the applicant and Mr J. Birman on behalf of the respon- dent, the Commission pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the respondent herein shall pay to Lucin Cromb the amount of $1 492.56 within seven days of the date of this Order. Dated at Perth this 21st day of October, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR633 of 1981. Between The Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Claimant, and The Metropolitan Water Supply, Sewerage and Drainage Board, Respondent. Before Mr Commissioner G. G. Halliwell. The 5th day of April, 1982. Mr J. A. McGinty on behalf of the Claimant. Mr G. H. Cole on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: The matter referred to the Commission for hearing and determination, pursuant to section 44 of the Act, is:— The Union claims that employees whilst en- gaged on the annual maintenance of the Perth main sewer should receive an additonal allow- ance for all such time worked and seeks an Order from the Commission to that effect. .The Respondent opposes the claim and ob- jects to any Order being granted. The allowance sought by the Union was described as:— The proposition I will be putting to the Com- mission is that the ordinary work of a sewerage maintenance man is adequately compensated for by the allowance of the figure of $10.00 per week. This work is of an exceptional nature and conse- quently in lieu of the $10.00 allowance, what should be paid to these sewerage maintenance workers engaged on the maintenance of the Perth main sewer is the Offensive Allowance, contained in Clause 10 (5)(b), in other words, a loading of 25 per cent. (Transcript page 3.) The Respondent's basic opposition to the claim is best summarised in Mr Cole's own words:— The argument, very broadly, is that the com- posite allowance was designed and accepted by the union (the acceptance of the Union is of im- portance) to cover all employees, whether they suffer or not. Nothing is changed by the deletion of the schedule as to the typical working con- ditions. The mere fact of the matter is that the employer has, in many instances, given a bonus to the workers. In fact, they now receive $10.00 per week and need not necessarily come in con- tact with any degree of work which would have previously allowed them $2.10 per day. It is contended that the matter sought by the Union places in jeopardy the intent of the agree- ment reached as to a composite allowance. The composite allowance seems explicit as to its term and as to its effect. To tamper with allowances such as that and say that one part of the work is different and should therefore be treated differ- ently really opens Pandora's box as to what is different and what is the norm. (Transcript page 8.) The Respondent also traced the history of what the Commission refers to as the Offensive Work Allow- ance (OWA) from 1938 until the present time, in- cluding the background to the agreement reached in relation to the "composite allowance" of $10.00 per week. Mr R. G. Carruthers, a long-standing employee of the Respondent gave evidence as to the duties per- formed during the cleaning of the Perth main sewer:— During the course of a day when the job is set up, gates are put into the main sewer so that the flow can be cut off and stored. The work is done at night, purely because of the high flows we have to store. The main pumping station is shut off and stored again. That is done prior to the main group of men coming in. You have your men who come forward intitially—the gangers—who test the sewer, drop the gates and prepare the work ahead of the main group. In the case of cleaning the men have trolleys which we lower down. These trolleys have kibbles mounted into them. They push them down into the main sand or whatever we are cleaning out; the kibbles are filled up and then they push them back up again, by hand, to the man-hole. The crane or Foco trucks, whichever may be used, lowers down; he picks up these kibbles, takes them up and puts them onto the truck, empties them out and then returns those empty kibbles to the trolleys, which are again pushed down by hand. MR McGINTY: Regarding the work on the Perth main sewer, could you tell the Commission what amounts of time are involved for the people who are actually in the sewer; how long they are in the sewer for before they are relieved and things of that nature?—Approximately two hours at a time but again this depends entirely on the foreman and on certain conditions of the job. Some individuals prefer to work down than 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2853 up top but, basically, we try to work on about two hours, to give each man a fair crack down the pipe; he comes up and straightens his back in the man-hole—that sort of thing. When we went on the inspection of the Perth main sewer we were down the sewer with sewage flowing through, just beneath our knees, and we were told that the workers are there, on average, for two hours in a stint. What I am trying to es- tablish is that in the normal work they would otherwise be doing, the same measure of contact with sewage is not there—is that a fair prop- osition?—Yes. (Transcript pages 9, 10, 12 and 13. From the evidence given and from the inspections undertaken by the Commission it is plain that the cleaning of the Perth main sewer, done as it is be- tween 11.00 p.m. and the early morning hours, with raw sewage knee deep, in very confined conditions, is a most unpleasant task. Further, this particular work has been recognised, over past years, as something "different" from the general run of sewage mainten- ance work in that volunteers have been called for to do the work and overtime rates paid. Thus, it has come to be regarded by both parties as "special" and it is therefore difficult for one party to accept that it should suddenly cease to be so regarded by the other party. The Commission accepts Mr Cole's submissions that the agreement between the Respondent and the Union, which provides for a composite payment of $10.00 per week, should not be interfered with by the Commission. It was freely bargained and circum- stances have not changed to such an extent since it was negotiated that it is no longer fair or reasonable. However, as outlined herein the Commission accepts that the cleaning work carried out on the Perth Main sewer is, due to the conditions under which it is per- formed, together with the time the cleaning is carried out, reasonably considered special or different from the "norm" and should be so treated for payment purposes. In the result, the Commission considers that payment at the rate prescribed in subclause (5)(b) of Clause 10.—Special Rates and Provisions of the Award should apply to the work in question. The OWA of $10 per week would not apply when the higher rate is paid. The parties are directed to confer on the appropriate form of the Order and advise the Commission in due course of the result. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR633 of 1982. Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers, Claimant, and The Metropolitan Water Supply, Sewerage and Drainage Board, Respondent. Order. HAVING heard Mr J. A. McGinty on behalf of the claimant and Mr N. R. Whitehead on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That notwithstanding the provisions of Clause 10 of the Government Water Supply, Sewerage and Drainage Employees Award, 1981, a sewer- age maintenance worker engaged in de-sanding of the Perth Main Sewer between the 29th of November and the 11th December 1981 and March and April 1982, shall be paid an offensive work allowance for eight hours at the rate pre- scribed in Clause 10(5) (b) of the Government Water Supply, Sewerage and Drainage Em- ployees Award 1981 in lieu only of the allowance prescribed in Clause 10(28) of the award, whilst they were so employed. Dated at Perth this 26th day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR300 of 1982. Between: Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers, Claimant, and West Australian News- papers Limited, Respondent. Interim Order. HAVING heard Mr N. H. S. Clarke of Counsel and later Mr L. W. Giles on behalf of the claimant, Mr P. R. Momber of Counsel and later Mr C. D. Stanley on behalf of the respondent and Mr B. J. Finlay on be- half of the Federated Clerks' Union of Australia, In- dustrial Union of Workers, W.A. Branch (objector) and by consent of all of those parties, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders in the terms of an interim agreement between all of those parties as follows:— SYSTEM 5500 WORK PRACTICES. 1. Classified advertisements received by tele- phone shall be put into the system together with any instructions as to style and layout exclusively by members of the Federated Clerks' Union of Australia, Industrial Union of Workers, W.A. Branch. 2. Limited display advertisements shall be ac- cessed by members of the Printing and Kin- dred Industries Union, Western Australian Branch, Industrial Union of Workers, who shall call up the text of those advertisements onto VDT screens and insert format and spacing commands in accordance with the instructions. 3. A "limited display advertisement" means a classified advertisement received by tele- phone requiring: (a) format and spacing commands to be given to the computer; and (b) a base font text type size of 7 points; and (c) the inclusion of type of greater than 10 points. 4. This order shall have effect on and from the 18th day of October, 1982 until the 20th day of April, 1983 and thereafter from day to day unless brought to an end by an order of this Commission or the Australian Coun- ciliation and Arbitration Commission. 5. No party to this order shall make any appli- cation to this Commission with regard to the subject matter of this order prior to the 20th day of April, 1983. 6. This order is without prejudice to the claims of any party to the dispute in this matter. Dated at Perth this 18th day of October, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. 2854 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR404 of 1982. Between West Australian Shop Assistants and Ware- house Employees Industrial Union of Workers, Perth, Applicant, and Boans Ltd., Respondent. Before Mr Commissioner G. L. Fielding. The 15th day of October, 1982. Mr T. McCormack and with him Mr T. M. Bishop on behalf of the Applicant. Mrs P. E. Bentley on behalf of the Respondent . Reasons for Decision. THE COMMISSIONER: The Respondent Company employed Miss Floriana Daniele as a shop assistant in its department store at Perth from the beginning of 1976 until March of this year. Until the same time, it also employed at the same store a friend of hers. They worked in the same department, but in differ- ent sections. Miss Daniele worked in the crystal retail section, and her friend in the glassware retail section. Both apparently had access to a storeroom, in which was stored, inter alia, crystal and glassware. Miss Daniele's friend, having noticed a damaged crystal jewellery box in the storeroom, took it to her on or about Friday, 26th February, with a view to purchas- ing it. The Respondent, not surprisingly, has a rule that when staff are purchasing merchandise they must do so through another shop assistant, and not process the sale themselves. Further, there is a rule that when damaged goods are sold to the staff, they are sold at a reduced price determined by the responsible buyer. In this case, the buyer for the crystalware and glassware sections of the department was the same individual. The jewellery box was left with Miss Daniele by her friend, so that she could obtain the necessary sale price from the buyer. This Miss Daniele apparently agreed to do, but she was too busy on the Friday to attend to it. On Saturday, her friend came to her in the crystal retail section, apparently to complete the sale. Because she had not seen the buyer to have the price determined, Miss Daniele was unable to process the sale. She however gave the jewellery box to her friend, suggesting that she take it to the buyer and have the price determined and thereafter process the sale in the routine manner. Before she gave the jewellery box to her friend, Miss Daniele wrapped it in newspaper because, as she said, it would provide protection to her friend against any cuts and abrasions which might result from the sharp, exposed portions of the glass, where it was defective. Her friend did not do as Miss Daniele suggested she should do. Instead, her friend took the jewellery box out of the store, without paying for it, and was sub- sequently dealt with for stealing in the courts of petty sessions. The Respondent's managers, on discovering these events, thought that Miss Daniele, in effect, had con- spired with her friend to steal the jewellery box. In consequence of that, on or about 3rd March, after she had been interviewed by a store security officer, she was summarily dismissed. She, too, was charged on the complaint of a police officer with stealing the box, but was acquitted of that charge on or about July last. Thereafter, the Respondent's personnel manager wrote to her, indicating that he had amended the Respondent's records and "changed your termination of employment from one of dis- missal to one of termination of employment". In- cluded with that letter was a cheque for $215, being the equivalent of one week's wage in lieu of the mini- mum period of notice required by the Award to ter- minate the contract of employment, and "other pro rata entitlements". The Applicant, on behalf of Miss Daniele, claims that the dismissal was unfair and seeks an order from the Commission that she be re-employed and com- pensated as if she had not been dismissed. The Ap- plicant's case is, in short, that she-was dismissed for doing something which she did not do, that is, con- spire with her friend to steal the jewellery box in question. The Respondent, for the purposes of these proceedings at least, accepts that Miss Daniele did not transgress in the way in which it initially thought she had. It, however, says that it was entitled to ter- minate Miss Daniele's contract of employment be- cause she breached the Respondent's rules by giving the jewellery box to her friend to carry out a task which was essentially hers, and by wrapping the box in newspaper rather than in the wrapping paper pro- vided by the Respondent. Further, she told an un- truth, as she now admits was the case, to the Respon- dent's security officer when he was investigating the theft. The Respondent in effect says that by acting in this way Miss Daniele made it possible for her friend to steal the box, even though that was not the intention of Miss Daniele. The Respondent's conten- tion is that the breaches of procedure in the circum- stances were not trifling, and the untruthful state- ment a breach of faith. Having heard and observed Miss Daniele, I have not the slightest doubt that the events happened as she has outlined them, and that her intentions were as she has indicated. In particular, I am far from con- vinced that she intended in any way to assist her friend's misconduct or that she intended by her ac- tions that the Respondent should suffer any loss thereby. I accept her evidence that there was nothing sinister in the fact that she wrapped the jewellery box in newspaper rather than the proper wrapping paper before handing it to her friend. Had she not given evidence in the way in which she did in these pro- ceedings, there might have been some force in the suggestion to the contrary. However, it is clear that it was her genuine desire to see not only that her friend's hand was not cut by the box, but that the Re- spondent's wrapping paper was not wasted, expecting that it would have to be opened by the buyer to de- termine the price, and that was her motive for using the wrapping paper she did. Those being the circumstances, it would follow that the summary dismissal could not be justified for the reasons given, as the Respondent now apparently concedes. There was no evidence of any other gross misconduct such as would justify summary dismissal. In all the circumstances her dismissal was unfair. This is not to say that a person acquitted of a crimi- nal charge may not be considered to have been fairly dismissed for reasons arising out of the circumstances which led to that charge (cf: Plumbers' Union v. BHP Co Ltd (1961) OILR 271). The considerations which govern proceedings before the criminal courts are dif- ferent from those applying in this forum in matters of this nature. Nor is that to say that in testing the fair- ness or otherwise of a summary dismissal, circum- stances other than those relied on the time of dis- missal cannot be taken into account, (see: Finch v Sayers (1976) 2 NSWLR 540; but cf: Devis & Son Ltd v. Atkins 1977 3 All ER 40). The dismissal in this case is unfair because the evidence before this tribunal indicates that she was not guilty of any gross misconduct justifying summary dismissal. The Respondent did not suggest that Miss Daniele's alleged breach of its rules, coupled with her dishonest statement, justified summary dismissal. Rather, its claim was that the dismissal was fair in light of the payment in lieu of notice given sub- sequently. There were, it it said, good grounds for termination by notice. However, her contract was not so determined. It was terminated summarily. The fairness or otherwise has to be determined in light of the actual dismissal, not some hypothetical dismissal. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2855 The dismissal once effected cannot be undone, and no amount of money paid in lieu of notice thereafter can remedy that, (cf: Consolidated Wool Services Pty Ltd v Federated Storeman and Packers Union of Australia (Australian Industrial Commission Print C6550)). It is at best a factor to be taken into account in determining the appropriate remedy. I accept that circumstances may be such that, although the summary dismissal is unfair, equity- would be satisfied with payment of wages in lieu of notice, although I do not accept that the nature of the dismissal changes, (cf: The West Australian Shop Assistants and Warehouse Employees Industrial Union of Workers v. Boans Ltd (1980 60 W.A.I.G. 1578). However, I do not accept that such were the circumstances on this occasion. Mrs Bentley argued that an employer is entitled to expect its employees to abide by its procedures, and as well, to expect its employees will be truthful in their dealings with it. I would not think anyone could reasonable question either of those propositions. There is little substance in the Respondent's complaint that its rule against wrapping goods in other than proper wrapping paper at the point of sale was breached. When Miss Daniele handed the jewellery box to her friend, it was not the point of sale, nor was it intended by Miss Daniele that it should be. The suggestion that Miss Daniele was guilty of misconduct by passing the box from one department to another without the appropriate paperwork was at the most a technical breach, although I do not accept that it was a breach at all. In this respect, I accept the evidence of Miss Daniele that at the time in question, the glassware section where her friend worked, and the crystalware section in which she worked, were one and the same depart- ment, and that it was not necessary for any paper- work to be done when crystalware was taken to the glassware section for sale, as was the intention. More- over, it was not so much intended that the box be transferred from one section to another, but rather that it be taken by a fellow employee in the same de- partment to the buyer responsible for that depart- ment to authorise a sale at the appropriate price. I accept that the maintenance of security in large de- partment stores calls for little or no latitude in the administration of the relevant rules, but on this oc- casion I do not accept that there has been any breach of those rules. The Respondent takes objection, and rightly so, to the false information given by Miss Daniele to its se- curity officers when they were investigating the inci- dent which gave rise to her dismissal. Amongst other things, Miss Daniele indicated that she had not seen the jewellery box since Tuesday or Wednesday the 23rd or 24th of February, when in fact she had seen it on the following Friday. But such a statement has to be looked at in the context in which it was made. She made this statement because she was frightened of being wrongly implicated in the whole affair. If it had led to her getting away with that which she ought not to have got away with, that might be no excuse, but that was not the consequence of her actions. On the contrary, it appears to have either led to, or con- firmed, the Respondent's suspicion that she was somewhat implicated in the affair, to the extent that she was charged with stealing. The misleading state- ment did not it seems prevent the wrongdoer from being apprehended and properly dealt with. Overall, I doubt that Miss Daniele's conduct in this respect was such as to warrant her contract of employment being terminated therefor, even if, which was not the case, it had been. What Miss Daniele did wrong was to assume that her friend was a law-abiding shop as- sistant, and having found that her assumption was not valid, panicked into making a false statement which in the end does not appear to have caused the Respondent any inconvenience or loss. She had it seems worked satisfactorily in the Respondent's mind for almost six years and I find it difficult to ac- cept that the gravity of her misdeed warranted ter- mination of her contract (G J Coles & Co Ltd.v Howett (SA Ind Ct Print 34/1980)). A more difficult aspect of this claim is the claim for reinstatement. Miss Daniele says she bears no malice towards the Respondent, but the Respondent's per- sonnel controller, on the other hand, is quite ada- mant that he does not want Miss Daniele in its em- ploy because of her untruthful statement and con- duct which, although not malicious, he sees as having led to goods being stolen from it by another em- ployee. It would obviously be an exercise in futility to order that an employee, although unfairly dismissed, be reinstated if the Commission can see no good working relationship coming therefrom, (cf: In re Loty and Holloway v The Australian Workers Union (1971) 71 AR (NSW) 95). Clearly, however, an em- ployer cannot avoid an order for reinstatement simply by the assertion that the relationship of em- ployer and employee has completely broken down, (cf: Cliffs Western Australian Mining Co Pty Ltd v The Association of Architects, Engineers, Surveyors and Draughtsmen of Australia, Union of Workers (1978) 58 W.A.I.G. 1067, 1070). Having heard Mr Higham, I am left with a distinct impression that he holds a genuine belief of distrust in Miss Daniele and regards her as an unsatisfactory employee thereby. Although he did not make anything of it in these pro- ceedings, it appears that some months before these events, she clocked her friend on for work when she should not have. However misguided the Respon- dent's suspicions of her might be, I cannot think in the circumstances that a proper working relationship could be reinstated, however conciliatory Miss Daniele might be. Further, she has been out of the Respondent's employ for seven months, five of which transpired before the matter was first brought to the Commission, due largely to the need to await the out- come of the court proceedings, the institution of which would not have been discouraged by Miss Daniele's false statement. In all the circumstances I do not consider it sen- sible or practical to order that Miss Daniele be re- instated. Rather, I think the most appropriate rem- edy is to order that the Respondent compensate her by payment of $750, in addition to the payment already made by the Respondent. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR404 of 1982. Between West Australian Shop Assistants and Ware- house Employees Industrial Union of Workers, Perth, Applicant and Boans Ltd, Respondent. Order. HAVING heard Mr T. A. McCormack and with him Mr T. M. Bishop on behalf of the Applicant and Mrs P. E. Bentley on behalf of the Respondent, the Com- mission, pursuant to the powers conferred on it under the Industrial Arbitration Act 1979, hereby:— Declares that Miss F. M. Daniele was unfairly dismissed from her employment by the Respon- dent, and orders that the Respondent pay to the Applicant on account of Miss Daniele the sum of $750 within seven days of the date of this order, as and by way of compensation arising out of such dismissal. Dated at Perth this 15th day of October, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. 22201—11 2856 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR395 of 1982. Between The West Australian Timber Industry In- dustrial Union of Worker, South West Land Div- ision, Claimant, and R. & N. Palmer Pty. Ltd., Respondent. Before Mr Commissioner G. G. Halliwell. The 13th day of October 1982. Mr K. C. Caimanos on behalf of the Claimant. Mr B. P. McCarthy on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: The matter referred to the Commission pursuant to Section 44 of the Act is as follows: "The Union claims that Mr Shane Rudd is en- titled to pro rata long service leave as a result of the termination by the Respondent of his con- tract of employment on or about 6th July, 1982. The Respondent denies that any entitlement is due and objects to the claim. The facts are that Mr S. Rudd commenced em- ployment with the Respondent on or about 14th July, 1976, and his services terminated on 16th July, 1982. The termination of his services was through no fault at all on Mr Rudd's behalf but was caused by the loss of one contract, which had been held by the Respon- dent for some twenty seven (27) years, when the con- tract was taken over by Bunning Bros. Pty. Ltd. Mr Rudd was then employed by Bunning Bros, in a like position to that which he held with the Respondent. Simply put, he ceased work with the Respondent on a Friday and commenced with Bunning Bros, on the following Monday. It was submitted by the Union that the line of authority in cases of this type, viz. compensation for the loss of service towards long service leave, should be followed here. The cases relied upon are the Ingle case (59 W.A.I.G. 401), the Butler case (59 W.A.I.G. 1747) and the Civil Flying Services case (60 W.A.I.G. 164) in each of which half the period of completed service for long service leave purposes, was awarded as a monetary amount where the employee's termin- ation was through no fault of his own. Mr McCarthy first submitted that due to the nature of the claim made, the matter should be left to the award constituted special board of reference (for long service leave), rather than determination by the Commission. However, it is plain from the provisions of the Timber Workers Award No. 36 of 1950 (58 W.A.I.G. 116) that no entitlement arises under those provisions to the type of compensation sought by the Union for its member. There is nothing that is capable of being referred to the special long service leave board. Mr McCarthy, in his second submission, argued inter alia that— We further say that the circumstances in this matter are not on all fours either with the Ingle case or with any other cases of this commission, bar perhaps one to which I will refer you later. The other set of circumstances which have re- sulted in decisions of this commission has been where retrenchments have been made through no fault of the worker. In this latter circum- stance there have been, on occasions, redundancy payments (in a very broad term) or- dered by the commission, by the dismissing em- ployer. However, what the commission has done on every occasion, and what employers have done on every occasion is to examine the circum- stances surrounding the case to see whether extra payments are warranted or not. Of the five persons who were terminated, four, including Rudd, were re-employed by Runnings. In the case of Rudd, he in fact finished with Palmers on 16 July, but started with Runnings on 19 July. I have not checked but I would suggest that that was probably a situation of fin- ishing on Friday with one company and starting again with another company on the Monday. For the Respondent, the Western Glass case appeal (60 W.A.I.G. 287) is said to be appropriate to the cir- cumstances of this case and should be followed here. The Commission has carefully studied the abovementioned decision but concludes on balance that the circumstances here more closely align with those of the Ingle and other cases (supra), which should be followed on this occasion. Draft minutes of an Order for half (Vt) the amount of long service leave i.e. 3 years pro rata should be drawn up by the Union and submitted to the Com- mission. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION No. CR395 of 1982. Between The West Australian Timber Industry In- dustrial Union of Workers, South West Land Division, Claimant, and R. & N. Palmer Pty. Ltd., Respondent. Order HAVING heard Mr K. C. Caimanos on behalf of the Claimant and Mr B. P. McCarthy on behalf of the re- spondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the respondent pay to the claimant the sum of $674.44 within 21 days of the date hereof. Dated at Perth this 21st day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. DISPUTES— Matters dealt with under Section 23— BEFORE THE WESTERN AUSTRALIA INDUSTRIAL COMMISSION. No. 666 of 1982. Between Adrian Austin Kenyon Applicant and Cap- tain Benbow Pty. Ltd trading as "Bretts" Res- taurant, Respondent. Before Mr Commissioner G. A. Johnson. The 29th Day of October, 1982. Mr A. P. Woodward on behalf of the applicant. Mr P. E. Bently on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: This matter concerns the unfair termination of an employee engaged as a pian- ist at a restaurant. It arises out of an application made pursuant to the provisions of section 23 of the Industrial Arbitration Act, 1979. The restaurant is open for business for six nights per week and it was the desire of the employer to hire a pianist to provide suitable background music for three hours each night. The first pianist engaged car- ried out this work to the satisfaction of the employer. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2857 He resigned and the employer was unable to hire a person to work the six nights and a period followed when two people were employed. In November 1981 the applicant in these proceedings was engaged to play for six nights and this he did until he resigned on December 31,1981. His intention was to work full time as an editor of a newspaper for a short period and then return to piano playing and he advised the employer accord- ingly- They arranged for the employee to make con- tact when he finished the job as editor and that con- tact was made in late January. Meanwhile the em- ployer had not been able to get a person to work the six nights and had to make do with two pianists. The employee advised the employer that he would not be available to work six nights as he had a continuing journalist commitment. When one of the part time pianists left the employee was re-engaged in the part time capacity. That occurred in April. His journalist's work ceased in June. On July 26th his services were terminated on the ground stated before me that the employer had been successful in engaging a person to work the six nights and that allowed him to dispense with the services of the two part time pianists. The description of the sequence of events so far as they relate to the termination has been condensed somewhat but I believe it contains the essential points. One other matter was introduced and that is a dis- pute concerning the payment of wages which arose out of the refusal of the employer to pay the em- ployee on a night when the employee's services were not required. It is the contention of the applicant that this latter matter was the real reason for the ter- mination; a desire on the part of the employer to be rid of an employee who sought union assistance to press a claim. It is further contended by the em- ployee that the employer failed to make an offer of full time employment to the employee who at that time would have been free to accept. Hence the claim for compensation because of the unfair termination of his services. For the employer it was submitted that the argu- ment over the payment of wages had nothing to do with the termination; that the action of termination was consistent with the employer's stated objectives of employing only one person to play the piano. No offer was made to the employee because he had made it quite clear at the time of engagement that he was not prepared to work the six nights. The applicant says that on the basis of previous decisions of this Commission he was entitled to look for a continuity of employment with the employer, there being no default on the part of the employee in his conduct during his service and there being no other intervening matter to alter the situation of the employer. Reference was made to the Wongan Hills Case in general terms (59 W.A.I.G. 11) and to the Food Preservers' Case (60 W.A.I.G. 1278) in particu- lar terms when it was said— Workers do have right to anticipate and ex- pect continuity of employment provided there is no conduct or intervening circumstance which contravenes the contract of service or the ability to employ (p. 1279). It is necessary to clear away one aspect of this case before examining the remaining and more important issue. I am not satisfied that the contract was termin- ated because the employee sought union assistance in pursuing his claim for non payment of wages. While the employee may have a reasonable suspicion that such action contributed to his termination that in no way discharges the onus placed upon him to prove that the termination resulted from such action. In the discussions leading up to the casual (part- time) contract of service in April, it was made quite clear by both parties what each wanted. The em- ployer wanted a regular pianist for six nights each week and the employee wanted a more flexible ar- rangement for about four nights a week. The contract was entered into on the basis of the employee's lim- ited availability. Two events changed that situation. First, the em- ployee put aside his external interest and so became available for full-time work in July but he did not ad- vise his employer of the change. Second, the em- ployer was able to secure a person to work full-time and saw himself free to dispense with the service of the employee and the other casual. The problem is resolved by looking to the obli- gations on both parties. First, the employer had not wavered in his desire to hire a full-time employee, a desire well known to the employee and his actions are consistent with that desire. His obligation to the em- ployee to provide employment on a casual basis (part-time) until a full-time employee became available was discharged in a proper manner. Second the employee, knowing the employer's de- sires, should have advised the employer when he be- came available for full-time work. It would then have been open to the parties to explore the possibility of a change in the contract. This he failed to do and in my opinion failed in his obligation to the employer. The application is dismissed. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 666 of 1982. Between Adrian Austin Kenyon Applicant and Cap- tain Benbow Pty. Ltd. Trading as "Bretts" Res- taurant, Respondent. Order. HAVING heard Mr A. P. Woodward on behalf of the applicant and Mrs P. E. Bentley on behalf of the re- spondent the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application herein be dismissed. Dated at Perth this 29th day of October, 1982. (Sgd.) G. A. JOHNSON, [U.S.] Commissioner. 2858 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. DISPUTES— ^ Matters dealt with under Section 29— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Nos. 655 of 1982, 656 of 1982, 657 of 1982, 658 of 1982, 659 of 1982, 674 of 1982 and 676 of 1982. Between Antonio Bella and Others, Applicants, and Poon Bros. (W.A.) Pty. Ltd. and Others, Respon- dents. Before Mr Commissioner G. G. Halliwell. The 7th day of October, 1982. Mr C. E. Butcher on behalf of the applicants. Mr J. Rinnan on behalf of the respondents. Reasons for Decision. (The following reasons have been extracted from the transcript of the proceedings.) THE COMMISSIONER: These are seven appli- cations pursuant to section 29 of the Act which each allege unfair dismissal by the respondent, who is the same in each of the applications. The background to the applications is that on Monday, 5th July, 1982, some 32 employees of the re- spondent went on strike in support of claims for re- instatement of a dismissed employee, one Savic, together with a demand for payment of meal allow- ance in another matter. On Wednesday, all 32 employees were asked to re- turn to work by the respondent and, when they re- fused, were given written notices that their services were terminated forthwith. On 9th July, 1982, the striking employees, in the presence of an official of the Federated Liquor and Allied Industries Union, one Baxter, were advised that re-employment was available to all but seven of them in their former positions. Some 18 of the employees accepted this offer and were re-employed in their former positions without loss of entitlements accruing under the award for the period of the strike. Fourteen of the employees re- jected the offer of re-employment, apparently upon the grounds that it was unfair that of their number seven would not be re-employed. They remained on strike. On Saturday, 10th July, 1982, these 14 employees had formed a picket line outside the premises of Mt. Newman Mining Co. They were not successful in pre- venting the entry to those premises of the employees who had returned to work. Mr Johnson, a staff employee of the respondent, approached the 14 employees outside the gate and al- legedly offered all 14 employees re-employment then and there. Some seven employees accepted and seven refused, remaining on strike. It is these latter seven who have filed the applications now before the Com- mission. The preliminary point raised is whether, if as al- leged by the respondent, the 14 were all offered re- employment and seven chose to refuse that offer, it could be said now that their dismissal had been un- fair. The agents for the employer and the former em- ployees argued this point and called evidence to sup- port their respective positions. After hearing the evi- dence of four of the seven dismissed employees the Commission, pursuant to section 93 of the Act, di- rected Mr K. Dodd, an Officer of the Commission, to investigate by interview those employees who, on Saturday 10th July, had accepted re-employed with the respondent and whether the offer made had been to all 14 or to only seven of the 14. The report from Mr Dodd is that the employers offer was to all 14 and the report is now adopted by the Commission. The evidence of the respondents, the four appli- cant employees, has been considered by the Com- mission together with the report mentioned earlier herein and, upon balance of probabilities, the Com- mission is, from that material, compelled to the con- clusion that all 14 of the dismissed employees were offered re-employment on Saturday, 10th July, 1982 at or about 6.00 p.m. The seven applicant employees here who chose, for what-ever reason, to refuse that offer cannot now demonstrate that their dismissal was unfair. Even if the respondent had unfairly dismissed them orig- inally, the two subsequent offers of re-employment in their former positions would, T accepted, have redressed any original unfairness in their dismissals. The seven applications are, for the above reasons, hereby dismissed. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 655 of 1982. Between Antonio Bellu, Applicant, and Poon Bros. (WA.) Pty Ltd., Respondent. Order. HAVING heard Mr C. E. Butcher on behalf of the applicant and Mr J. Birman on behalf of the respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be dismissed. Dated this 7th day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 656 of 1982 Between Ilidio Goncalves, Applicant, and Poon Bros. (W.A.) Pty. Ltd., Respondent. Order. HAVING heard Mr C. E. Butcher on behalf of the applicant and Mr J. Birman on behalf of the respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be dismissed. Dated this 7th day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 657 of 1982. Between Luis Alves Varbalheiro, Applicant, and Poon Bros. (W.A.) Pty. Ltd., Respondent. Order. HAVING heard Mr C. E. Butcher on behalf of the applicant and Mr J. Birman on behalf of the respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be dismissed. Dated this 7th day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2859 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 658 of 1982. Between Jose Afonso, Applicant, and Poon Bros. (W.A.) Pty. Ltd., Respondent. Order. HAVING heard Mr C. E. Butcher on behalf of the applicant and Mr J. Birman on behalf of the respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be dismissed. Dated this 7th d„y of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 659 of 1982. Between Jose Rodragues, Applicant, and Poon Bros. (W.A.) Pty. Ltd., Respondent. Order. HAVING heard Mr C. E. Butcher on behalf of the applicant and Mr J. Birman on behalf of the respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be dismissed. Dated this 7th day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 674 of 1982. Between Milijaka Babic, Applicant, and Poon Bros. (W.A.) Pty. Ltd., Respondent. Order. HAVING heard Mr C. E. Butcher on behalf of the applicant and Mr J. Birman on behalf of the respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be dismissed. Dated this 7th day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 676 of 1982. Between Mile Babic, Applicant, and Poon Bros. (W.A.) Pty. Ltd., Respondent. Order. HAVING heard Mr C. E. Butcher on behalf of the applicant and Mr J. Birman on behalf of the respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be dismissed. Dated this 7th day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 589 of 1982. Between Denis John Clarke, Applicant, and Peter Fredericks and Helene Fredericks trading as "Fredericks Freight", Respondent. No. 618 of 1982. Between Gregory Joseph Nichol, Applicant, and Peter Fredericks and Helene Fredericks trading as "Fredericks Freight", Respondent. Before Mr Commissioner G. J. Martin. The 14th day of October, 1982. The applicants appeared on their own behalves. Mr P. Fredericks appeared on behalf of the respon- dent. Reasons for Decision. THE COMMISSIONER: These two applications which were heard together by me on the 12th day of October, 1982 seek orders for the payment of moneys allegedly due to the applicants under contracts of service with the respondent, pursuant to subsection 2(b) of section 29 of the Industrial Arbitration Act, 1979. The basic issue becomes whether or not the appli- cants were employees as defined by the Act in the course of their relationship with the respondent. That relationship came into being in the case of the first applicant, on the 31st March, 1982 and in the case of the second applicant, on the 26th January, 1982. The applicants arranged with the respondent to drive its vehicles for the purpose of transporting freight from Perth to other capital cities in Australia, and between those other capital cities. The nature of the trips between other capital cities was dependent upon the ability of the applicants to secure their own loads, or to transport loads secured by the respondent. From the inception of the relationship, it was clearly established that the applicants would be re- munerated on a trip basis. For example, a trip from Perth to Adelaide would produce the sum of $500 for the applicants, with a sliding scale according to the distance of a particular capital city from Perth. The applicants regarded themselves as subcontractors, and had been such in the past with other freighters. Both of the applicants and the respondent ex- ecuted agreements which set out their respective responsibilities and liabilities each to the other, and in which the applicants are described as subcontractors and the respondent the prime con- tractor. The first applicant complains that he performed work prior to departing on his first trip interstate and for which work he did not receive any reward at all, but there is nothing to show that there was any arrangement for extra remuneration for such work and that claim cannot be sustained. He and the second applicant then complained that they did not receive all of the moneys due for each of the trips undertaken by them. The first applicant requests reimbursement of de- ductions made from his trip moneys which were not authorised by his contract with the respondent, an amount of $130, and the second applicant seeks an order for $1 025 on the basis of trips made and moneys received. 2860 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (The applicants activities for the respondent do not appear to fall within the Federal Transport (Interstate Drivers) Award, as varied (103 CAR p. 571), as the Commission's researches do not show the respondent to be a party to that award.) It seems to me that the applicants were not em- ployees as defined by the Act, in that they were not subject to the types of control which are usually re- garded as the test for such a relationship, and for that reason their claims cannot, in my view, succeed. Whether or not they have further redress by seeking the enforcement of their contracts for service, is not within my power to determine and I make no further observations on the details of their particular griev- ances against the respondent. Accordingly, for the reasons expressed, the appli- cations are not allowed and will be formally deter- mined by orders dismissing them. Decision accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 589 of 1982. Between Denis John Clarke, Applicant, and Peter Fredericks and Helene Fredericks trading as "Fredericks Freight", Respondent. Order. HAVING heard the applicant on his own behalf, and Mr P. Fredericks on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby or- ders— That the application be dismissed. Dated at Perth this 14th day of October, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 618 of 1982. Between Gregory Joseph Nichol, Applicant, and Peter Fredericks and Helene Fredericks trading as "Fredericks Freight", Respondent. Order. HAVING heard the applicant on his own behalf, and Mr P. Fredericks on behalf of the respondent, the Commission pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby or- ders— That the application be dismissed. Dated at Perth this 14th day of October, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 717 of 1982. Between Eric George Currie Applicant, and Worsley Alumina Pty. Ltd., Respondent. Before Mr Commissioner G. J. Martin. The 2nd day of November, 1982. Mr D. R. Mansfield on behalf of the applicant. Mr M. P. Fruin on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: In this application, the ap- plicant contends that the termination of his employ- ment by the respondent was harsh, unjust and lacking in substance and accordingly the applicant seeks an order that he be reinstated in employment in his last held position with the respondent, and that his contract of employment be deemed to be continuous notwithstanding the termination. Alternatively, the applicant seeks monetary com- pensation. (Transcript notes of proceedings p.4) The applicant requested by letter dated the 19th October, 1982 that the matter be heard and deter- mined by the Commission and I heard the Parties' submissions and evidence on the 29th October, 1982 and reserved decision. In the letter of request for hearing and determi- nation, the applicant envisaged that a pre-hearing conference may be beneficial in resolving the matter of disagreement, but abandoned that suggestion in the initial stages of the hearing as it appeared to the parties that such a process would be unproductive of a mutually acceptable resolution of the matter of dis- agreement. The applicant is a qualified engineer with con- siderable experience in construction and mainten- ance, and with particular experience in the mining industry and ore handling equipment. In March 1980, the applicant responded to an ad- vertised vacancy with the respondent for a Project Engineer (Mechanical), at its bauxite mining and alumina refining development at Worsley. (Exhibit A, Folio 4) That position related to the construction phase of the development with a transition envisaged to the operational stage. His application for that position was accepted by the respondent. The applicant commenced employment with the respondent on the 3rd June, 1980 and the contract of employment is set out in Exhibit A, Folio 3. On the 2nd August, 1982 the applicant was in- formed that his services were terminated and he was paid all due salary and other entitlements. The ter- mination was by means of salary in lieu of notice and that obligation was in fact exceeded by the respon- dent in monetary terms. (Exhibit A, Folios 2 and 3) It is common ground between the parties that the termination of the contract of employment was in ac- cordance with the contract entered into between the parties. It was submitted on behalf of the applicant that the termination was brought about, apparently, by the fact that the applicant was supposedly looking for alternative employment, reluctant to relocate his family and residence from Perth to areas adjacent to the refinery site, a disenchantment with the respon- dent's style of operation and professional short- comings. From all of the material before the Commission, I can see no grounds upon which to reach the con- clusion that the applicant could be described as in- competent or negligent, or acting in any other way which would impugn his reputation as a qualified and experienced engineer. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE, It does appear that he did not complete one par- ticular assignment but he may well have done were it not for the termination, having regard to the time span involved in the assignment and the require- ments slightly vague as they were, of the respondent. The respondent laid a deal of stress on the appli- cant's apparent unwillingness to relocate his family to site, but the applicant's reasons were not illogical and he lived on site Monday to Friday each week without complaint. The reference to the seeking of alternative employ- ment was not denied, but seems to be not unusual in the generality in the work situation and from my ex- perience, not unusual amongst the mining fraternity. The respondent also laid stress on criticisms by- words or phrases that could be considered as criti- cisms levelled by the applicant at some of the prac- tices of the respondent and its engineering construc- tion contractor. (Exhibit A, Folio 20). Whilst such constructions could be valid, it cannot be said from the material before me that they were other than objective and without in any way suggesting disloyalty to the respondent. From the last appraisal by the respondent of the applicant's performance in June 1982, (Exhibit A, Folios 5 to 10), it is clear that performance was in no way questioned and that the only criticism, namely communication, was in the context of a development in technique. I do not see in the applicant's work performance, any ground for criticism by the respondent and the real task which confronts me is to identify just what it was between the parties which led to the termin- ation of their relationship. From the demeanour of the principals and their evidence, I could not describe any of them as being incompatible and I could not detect any animosity one to the other, nor does it appear to me that the ap- plicant's reinstatement would be "a recipe for disas- ter". They all seemed to get along quite well together notwithstanding sincerely held differences of opinion on professional matters. What I do discern is that the applicant did not like the style, which is the best word I can lay hands to, of the respondent's oper- ation and the way the respondent and others carried it out, and that the respondent in turn did not like the applicant's style of operation. (The respondent's defence to the applicant's claim as revealed by the answering statement was "the ap- plicant's attitude to work and the respondent".) I think the transfer of the applicant by the respon- dent to another part of the operations engendered a little resentment in the applicant and I have the feel- ing, and I put it no higher than that, that the appli- cant was not really looking forward to employment in his allotted part of the operational side of the devel- opment as he seems to like construction or trouble shooting maintenance on a short term basis. Putting it all together, I come to the conclusion that the respondent exercised its right under the con- tract of service, as it has the right to do, the same as the applicant had the right to do as and when he felt so disposed, for the reason that it did not feel that the applicant was really going to be part of the oper- ations family, or part of that family as the respon- dent sees the family. There is nothing in my view, unfair or unjust in making such a decision and it was based on valid grounds which have been demonstrated to me and to which I have referred in these reasons for decision. I will not allow the application for those reasons and for the additional reason that I feel that is in the mutual best interests of the parties that the relation- ship has been terminated and allowing as it does for the respondent to recruit a person with the "style" it is looking for and allowing the applicant to pursue his 2861 career without blemish in areas which are more suited to his style, and with more autonomy and to which he has been used to and exercised well, than is apparently open to him with the respondent. Decision Accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 717 of 1982. Between Eric George Currie, Applicant, and Worsley Alumina Pty. Ltd., Respondent. Order. HAVING heard Mr D. R. Mansfield on behalf of the applicant and Mr M. P. Fruin on behalf of the re- spondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be dismissed. Dated at Perth this 2nd day of November, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 623 of 1982. Between Gerald Edward Bowles, Applicant, and Robertsons Haulage, Respondent. Order. HAVING heard the applicant on his own behalf, and Mr W. J. Robertson on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby order— That the application be dismissed for want of jurisdiction. Dated at Perth this 3rd day of November, 1982. (Sgd.) G. J. MARTIN, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 675 of 1982. Between Mica Savic, Applicant, and Poon Bros. (W.A.) Pty. Ltd., Respondent. Before Mr Commissioner G. G. Halliwell. The 7th day of October, 1982. Mr C. E. Butcher on behalf of the applicant. Mr J. Birman on behalf of the respondent. Reasons for Decision. (The following reasons have been extracted from the transcript of the proceedings.) THE COMMISSIONER: This is application No. 675 of 1982 by Mr Mica Savic. It seeks, pursuant to sec- tion 29 of the Act, his reinstatement of employment with Poon Bros. (W.A.) Pty. Ltd. The commission is satisfied, having observed all the witnesses, that the evidence given by the appli- cant himself and Mr Bellu, where it conflicts with other evidence, deserves little, if any, credibility. The evidence of Mr Dobrodinszki I accept as accu- rate, as far as his memory permits, given the lapse of time since the events which led to the termination of the employment. 2862 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. The evidence given by Dr Somogyi is that he ac- cepted Mr Savic's word that for the 1st and 2nd July, 1982, he, Mr Savic, had influenza and was too sick to attend the surgery, that on 3rd July Mr Savic had the symptoms of a common cold including headaches and therefore was given a medical certificate covering the period 1st July to 4th July, 1982 inclusive. Dr Somogyi further testified that on 5th July, 1982, he received a telephone call from Poon Bros., who queried the medical certificate and informed Dr Somogyi that Mr Savic had been seen in a hotel. Dr Somogyi's evidence is that had he known Mr Savic was capable of driving a vehicle and was further capable of being outside his home and drinking alcohol, he would not have issued the medi- cal certificate he had. Be that as it may, I prefer the doctor's evidence on the point that Mr Savic told the doctor that he, Savic, was too ill to come to the doc- tor's surgery. It was for that reason that Dr Somogyi backdated the medical certificate in the manner he did. Mr Johnson, who gave evidence for the respondent, was an impressive witness and I accept his evidence that he did not tell Mrs Savic on the Friday evening that Mr Savic's services were terminated but merely advised her to tell Mr Savic to see him, Mr Johnson, on Monday, 5th July, 1982. Further, I accept that Mr Johnson terminated Mr Savic's services on 5th July, 1982 and not, as Mr Savic claims, on Friday, 2nd July, 1982. Finally, I am satisfied that the reason for the ter- mination was as given by Mr Johnson and not be- cause of any conspiracy on behalf of the company di- rected at Mr Savic. In all the circumstances, the Commission does not consider that the employers reasons for the termin- ation were unfair and the termination of Mr Savic's services will not therefore be interfered with by this Commission. Order accordingly. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 675 of 1982. Between Mica Savic, Applicant, and Poon Bros. (W.A.) Pty. Ltd., Respondent. Order. HAVING heard Mr C. E. Butcher on behalf of the applicant and Mr J. Birman on behalf of the respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the application be dismissed. Dated this 7th day of October, 1982. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. DISPUTES— ^ Matters dealt with under Section 44— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR344 and CR345 of 1982. Between: Australian Workers' Union, West Aus- tralian Branch, Industrial Union of Workers, Amalgamated Metal Workers and Shipwrights Union of Western Australia and Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth, Applicants, and Dampier Salt (Operations) Pty Limited, Respon- dent. Before Mr Commissioner B. J. Collier. The 4th day of November, 1982. Mr J. Crimmins on behalf of the Australian Workers' Union, West Australian Branch, Industrial Union of Workers. Mr P. Procter on behalf of the Amalgamated Metal Workers and Shipwrights Union of Western Aus- tralia. Mr T. Rynn on behalf of the Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth. Mr A. J. Collins on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: The matter before the Commission for hearing and determination was referred by Martin C. in the following terms— The claimants seek an order that employees, members of or eligible to be members of their in- dustrial union, and employed by the respondent at its Lake MacLeod operations, be paid an ad- ditional 21/2 per cent loading from the 1st day of October, 1981 as was the case for employees em- ployed by the respondent at its Dampier oper- ations. The respondent objects to and opposes the issuance of any such order on the grounds that the reasons for the payment of the additional 21/2 per cent loading to its employees at its Dampier operations, did not exist at the Lake MacLeod operations. An unregistered agreement between four unions and Dampier Salt (Operations) Pty Limited governs the wages and conditions of employees of the respon- dent Company working at Dampier and Lake MacLeod—the two centres of the Company's oper- ations. Clause 3 of the agreement is expressed as follows— (1) This Agreement shall operate for a term of two years commencing on 1st July, 1980. (2) The wages, leading hand rates, shift allow- ances and experienced tradesmen allow- ances shall be increased in accordance with the indexation decision of the Western Aus- tralian Industrial Commission applying from the first pay period commencing on or after 14th July, 1980. These amounts shall be further inpreased by 3 per cent each three months thereafter and shall apply from the first pay period commencing on or after 1st October, 1980, 1st January, 1981 and 1st April, 1981. Provided that if indexation de- cisions of the Commission exceed 6 per cent for a six monthly period then the higher per- centage increase shall be applied. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2863 (3) Leave is reserved to the Unions to apply to the Company to review wages and money al- lowances after 1st July, 1981. (4) Leave is also reserved to the parties to apply for a re-opening of the Agreement in re- lation to any matters of substantial merit which may arise, and if such application is refused by either party, the matter may be referred to the Western Australian Indus- trial Commission for determination. (5) The provisions of the Agreement and any amendments thereto shall continue to apply until such time as it is replaced by another Agreement. It would seem that prior to the negotiations lead- ing to this unregistered agreement workers at Dampier were employed on a ten hour per day five day week basis while those at Lake MacLeod worked five days of eight hours. The latter project however, had been made inoperable by a cyclone in March 1979 and it was not until October 1980 that pro- duction recommenced. In May, 1981 three factors combined to bring about a shortfall in production and the unions reluctantly agreed to increase the work day to nine hours until the end of July. Because of other adverse circumstances that interim arrange- ment was extended until 30th September, 1981. The unions took advantage of the leave reserved to them in 3(3) above for a review of wages. Wage in- creases were negotiated and it was agreed that the rates should be indexed by 21/2 per cent from 1st October, 1981,1st January, 1982 and 1st April, 1982. In September, 1981 a declining market forced the Company to reduce the hours of work at Dampier and it gave notice that from 6th October, 1981 a nine and a half hour day would be worked and from 4th January a nine hour day would be introduced. The full time local union representatives and on site rep- resentatives were advised by the Company's Dampier Manager as follows:— "In order that workers may plan for the above change with a minimum disruption to their per- sonal affairs, I propose that a reduction to a nine and a half hour shift take effect from 6th October, 1981, to coincide with the 1st October base pay increase of 21/2 per cent and that the 2!/2 per cent base pay increase due in 1st January 1982, be brought forward to October also. A further reduction to 9 hours will take place on 4th January, 1982 with the April 1982, base increase of 2 'A per cent brought forward to that date. Although this will provide an income below a worker's expectation of the 50 hour basis, the proposal ensures that the income re- ceived in 1981-82 for shorter hours is greater than that received in 1980-81 for a 10 hour day. The unions now claim that this special advancing of the indexation arrangements for Dampier em- ployees should also apply to employees at Lake MacLeod. Although from the evidence and submissions there is a lack of clarity about who agreed with whom about what it seems clear to the Commission that the Company was prepared to apply an "over-agree- ment" provision to the Dampier personnel simply in an endeavour to mitigate the effect of reducing reg- ular working hours which had been of long standing. The same reason was not present at Lake MacLeod and the Commission considers that the substantial merits of the case rest with the respondent. The claim is accordingly dismissed. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR344 and CR345 of 1982. Between Australian Workers' Union, West Aus- tralian Branch, Industrial Union of Workers, Amalgamated Metal Workers and Shipwrights Union of Western Australia and Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth, Applicants, and Dampier Salt (Operations) Pty Limited, Respon- dent. Order. HAVING heard Mr J. Crimmins on behalf of the Australian Workers' Union, West Australian Branch, Industrial Union of Workers, Mr P. Procter on behalf of the Amalgamated Metal Workers and Shipwrights Union of Western Australia, Mr T. Rynn on behalf of the Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth and Mr A. J. Collins on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the In- dustrial Arbitration Act, 1979 hereby orders— That the claim herein be dismissed. Dated at Perth this 4th day of November, 1982. (Sgd.) B. J. COLLIER, [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR462 of 1982. Between Federated Brick Tile and Pottery Industrial Union of Australia, (Union of Workers) Western Australian Branch, Claimant, and Bristile Ltd, Respondent. Before Mr Commissioner G. A. Johnson. The 13th day of October, 1982. Mr B. P. O'Loughlin on behalf of the claimant. Mr J. Birman on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: This matter has been referred for determination from a conference held pursuant to the provisions of section 44 of the Indus- trial Arbitration Act, 1979. The facts are substan- tially agreed and are set out. The employer manufactures a number of building products and for economic reasons found it necessary to close down a section of its works involved in the manufacture of fired clay products. Negotiations were commenced with the union on a redundancy scheme and agreement was reached. On 30th July the Managing Director addressed all the employees and told them of the impending closure of the works on 13th August. He observed that some four or five em- ployees would definitely be transferred to other sec- tions of the company's operations, that every effort would be made to place as many employees as poss- ible in alternative work in the company's sections and the balance would be retrenched. At this stage the employer had not completed a survey of the possible alternative positions in other sections and the four or five positions were the only known transferals. As part of the process of facilitating the desire of management to effect the closure with as little hardship to employees as poss- ible, a list was prepared showing those to be transferred, those who would be suitable for reten- tion and those to be retrenched. Many of the employees had been with the em- ployer for many years. Many were elderly and many were of foreign extraction with language difficulties. Naturally enough local managment was aware of the personal attributes of the employees and advice was 2864 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. sought in the compilation of the list. The factors taken into account were age, length of service, place of living, health and any particular personal prob- lems that might be of influence. In short, effort was made to reduce the impact of the closedown by a sen- sible assessment of the workforce. Following the address by the Managing Director, the Factory Manager interviewed each of the em- ployees in turn with the purpose of gauging em- ployees' reactions to the company's proposals. It is unfortunate that in the interview with the em- ployee the subject of these proceedings and I suspect with others as well the seeds were sown for the dis- pute which finally emerged. The description of the interview by the Factory Manager, as recorded on transcript, is in these terms. As with all the employees, I had a very short conversation about his feelings about the factory closing. For some of them, it was quite an emot- ive thing. They had been there a long time. I was concerned about trying to find their reactions and what they would like to do. In the case of Mr Verevis, I asked him what he would like to do. I had known for some time that he probably wanted to retire, because his brother, Manuel, had retired a couple of years earlier. Then I pointed out to him—or he actually said he would like to retire; he would like to finish—that the company wanted to retain his services. Mr Verevis answered me virtually—"No; I want to finish" and he pointed out that he had been at Brown Street for some 26 years; that he had been moved to Belmont after the closure of Brown Street; it took him a while to settle in; and he felt he did not want to go through the whole thing again and have to get used to another location and another manager. I told him that whilst I could not make the decision, I would pass his feelings on to the company and they would de- cide what would finally happen. But I said I would do what I could for him. I reported his feelings, as I did with all the other people, to the company, (pp. 34-35 Transcript.) Having regard for the form of the Managing Direc- tor's statement and the obvious limitations in the English of the employee it requires no real effort to conclude that there was clearly an option open to em- ployees with respect to the acceptance or rejection of the offer of continued employment. This conclusion is reinforced by the failure on the part of the two officers of the company to make clear to employees that there were three lists and that a failure to accept an offer by an employee on the retain list would jeop- ardise the entitlement to the company's redundancy payment. The initial conclusion is further reinforced by the practice of the company officials to refer to the alternative position as being an offer requiring ac- ceptance. I have no doubt that the niceties of con- tract law probably required such action particularly where the alternative position was in another locality or was significantly different from the old position. I suspect that those niceties were completely lost on the employee who persisted throughout the sub- sequent interviews in making it quite clear that he wanted to finish up with the others and was not pre- pared to accept an offer. Before the closedown he was asked by the Factory Manager to stay on for two weeks to help clean up; this he did and during this time he was offered the position of caretaker by the Divisional Manager, which he refused. His refusal was taken as a notice of termination and he finished up and was paid a pro- portion only of the employer's redundancy payment. He was not told until the last moment that his refusal meant a reduced payment. The employee is 64 years 2 months of age. He had been employed for some 34 years as a machine oper- ator. He expressed before the Commission some ap- prehension in doing the job of caretaking although it does not appear that he made his feelings in this re- spect known to the employer. There was still an opportunity to recover the situ- ation after the employee has made his request to fin- ish up quite clear but the careful preparation for the closedown seems to have been destroyed by a lack of flexibility. The decision to include an employee in the retain list was final in the absence of very good reason. There was no ability within the plan for em- ployees on the retrenched list to exchange with em- ployees on the retain list. It seems that it was a case of retaining an unwilling employee when there were probably other employees quite happy to fill the pos- ition of caretaker, particularly those that gained little from the redundancy scheme payout. The union applicant in these proceedings requests the Commission to order the employer to pay to the employee the full amount of the redundancy pay- ment. That action I believe is not open to the Com- mission. The agreement for the redundancy pay- ments between the union and the employer was for retrenched employees. The decision to retrench em- ployees was a matter for the employer and its de- cision to retain this or that employee is not a matter in which this Commission would normally interfere. That decision, having been taken with respect to the employee the subject of these proceedings, cannot be challenged successfully. Nor can the simple act of resignation be changed as there appears to be no evi- dence to suggest that the termination was contrived by a deliberate act of the employer. The employee cannot participate in the scheme which after all is supposed to compensate employees to some extent for the loss of employment. The employee chose to resign, albeit under a misapprehension, and that I be- lieve is the end of the matter. The application is dismissed. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION No. CR462 of 1982. Between Federated Brick Tile and Pottery Industrial Union of Australia, (Union of Workers) Western Australian Branch, Claimant and Bristile Ltd., Respondent. Order. HAVING heard Mr B. P. O'Loughlin on behalf of the claimant and Mr J. Birman on behalf of the respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979 hereby orders— That the claim herein be dismissed. Dated at Perth this 13th day of October, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2865 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR365 of 1982. Between State Energy Commission of Western Aus- tralia, Applicant, and Federated Engine Drivers and Firemens Union of Workers of Western Aus- tralia, Respondent. Before Mr Commissioner G. L. Fielding. The 8th day of October, 1982. Mr T. A. Lemmon on behalf of the Applicant. Mr R. A. Keegan on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: A dispute has arisen be- tween the State Energy Commission and some of its employees at the Kwinana Power Station concerning the remuneration to be paid for certain cleaning work performed thereat. In short, there are two problems, and they both concern the rate of pay to be paid to plant cleaners while cleaning the area around the coal burners and oil guns attached to the boilers, and the rate to be paid while cleaning coal spillages in the transfer house and reclaim tunnels. The same prob- lems to varying degrees occur or have the potential to occur at the State Energy Commission's other ther- mal power stations and these proceedings have been embarked upon in an effort to solve the problems. The Engine Drivers' (State Energy Commission) Award No. 15 of 1977, which governs the employ- ment of the individuals in question, provides separ- ate rates of pay, amongst other things, for a plant cleaner, boiler cleaner and bunker attendant. The work of all three classifications is at the heart of this problem. The Award defines the classifications of boiler cleaner and bunker attendant as follows:— "Boiler Cleaner" means a worker who performs any work pertaining to the cleaning of a boilder or economiser including:— (a) The removal of dirt from inside or outside the boiler casings; (b) The breakings and making of drum manhole door joints and handhole door joints; (c) The searching for leaking tubes or faults; (d) The cleaning of scale or rust by hand or machine; (e) The turbining of any tubes with machines; or (f) The erection and dismantling of stagings around the boilers. "Bunker Attendant" means a worker whose duties are to operate the belt trippers over the station bunkers, attend to the magnetic separators, attend to the running, lubri- cation and cleaning of the rubber belt con- veyor system, crushers and screens. It is accepted that the duties of a plant cleaner, though not defined in the Award, are, in broad terms, to perform general cleaning functions of the plant at large. As might be expected, the Award also contains a mixed functions clause, which entitles a worker who is required to perform duties carrying a higher rate of pay than his classified rate to be paid at that higher rate. The State Energy Commission's case was sup- ported by evidence from Mr Strong, its acting man- ager of power stations and its operations engineer. The Union adduced evidence from a number of em- ployees representing the various classifications rel- evant to these proceedings. In addition, inspections were made of the Commission's operations at the Bunbury, Muja, Kwinana and South Fremantle Power Stations. Only at the South Fremantle Power Stations does the State Energy Commission still employ boiler cleaners as such. Elsewhere, the work which by defi- nition is the work of boiler cleaners is performed by plant cleaners, who are paid at the rate for a boiler cleaner while doing that work. This arrangement was apparently arrived at between the State Energy Commission and the Union in or about 1959, when the Bunbury Power Station was first brought into op- eration, and is an arrangement which has been fol- lowed in all other power stations brought into oper- ation since then. The problem now is that when plant cleaners are called to clean the area in and around the coal burners and oil guns, they have in some circum- stances not been paid boiler cleaning rates. The State Energy Commission says that this is because there is no longer any justification for regarding the work in question differently from other plant cleaned by the plant cleaners as part of their ordinary duties. The State Energy Commission contends that the basis for the additional rate of pay for boiler cleaning is as compensation for the arduous nature of the task aris- ing from a work environment of heat, confined space and dirt in the form of combustion residue. None of these disabilities, it is said, attach to the work in question since as a general proposition it is done at ground level or, if not, in places above ground level which are readily accessible and where there is no undue heat or dirt caused by the combustion of fuel not found elsewhere in the power station. Addition- ally, regard should be had to the power station allow- ance and the payments for experience which the em- ployees are now entitled to, but which was initially not the case. Furthermore, the State Energy Com- mission questions whether the plant in question can properly be said to be "boiler casing" within the defi- nition of the tasks delineated for a boiler cleaner. In general, the State Energy Commission contends that the definition of the tasks of a boiler cleaner as they now stand in the Award are outmoded. The defi- nition was formulated in 1938, on the basis of boilers which are very different from most in service now. In short, the boilers of today are larger and therefore their internal space not so confined as it once was, they are not constructed so close to other boilers or plant as they once were, nor do they require cleaning as frequently as they once did. Indeed, the more modern boilers are not erected indoors, but are so constructed that their outer casing is largely, but not entirely, cleaned by the elements of nature. The defi- nition includes a number of functions, for example turbining, which are not now performed in the cleaning process, and it omits other tasks such as the cleaning of the precipitators which are an essential part of the modern-day boiler. The State Energy Commission's solution is to suggest that for the pur- poses of any additional payment, the task of boiler cleaning should be limited as a general proposition to all internal cleaning of boilers, and the outside casing at and above the firing level. The Union's contention is that the area about the coal burners and oil guns is very much part of the outer casing of the boiler, and the cleaning thereof ought to be paid at boiler cleaning rates. Indeed, it contends that in refusing to make the payment on that basis for the work in question, the State Energy Commission is in breach of the Award. Moreover, the Union claims that the definition in its general form is as relevant today as it was when first formulated in 1938. The Union says that the basis of the present differential in the rates of pay for the classifications of boiler cleaner and plant cleaner is not so much due to the disabilities of the work as to the difference in 2866 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. the skills required for each. Mr Keegan for the Union drew attention to the differing margin above the basic wage for each classification before the concept of a basic wage was abolished and to the concurrent disability allowance for boiler cleaning of one shilling a day, in support of this argument. Having regard to what I saw on inspections, and the evidence I heard, I consider on balance that the best solution to this problem is to adopt the arrange- ment which is followed in the Bunbury Power Station at the present time, and which was outlined in some detail by Mr McSweeney, a boiler controller who has worked at the Bunbury Power Station since its inception: that is, that all cleaning done internally and externally on a boiler, with the exception of minor surface cleaning done by hand with a duster as part of the routine daily plant cleaning process, be paid at boiler cleaning rates. I should be very sur- prised if such a solution produced any of the admin- istrative nightmares suggested by Mr Strong. Although on paper such a solution might seem fraught with such difficulties, having heard the wit- nesses and observed the arrangement in practice, I find it difficult to accept that it is an impractical sol- ution. That does not seem to have been so at Bunbury, where the practice of plant cleaners doing the work of boiler cleaners commenced, nor at South Fremantle, where employees of both classifications work satisfactorily side by side. What I saw and heard suggests that this light cleaning or "feather dusting" as it was referred to, of the area in question, is not so much a special task, but part of a routine cleaning process involving not just the boiler front but other plant. The time spent cleaning the boiler as part of this process is, as I suspect and as the evi- dence in part suggests, almost incapable of accurate measurement in time. The other boiler cleaning tasks are not so indefinite. It is one thing to have a vacuum cleaner or steam cleaning apparatus operating to clean the external boiler parts in and around the area in question, but it is quite another to dust by hand the same areas as part of the normal everyday cleaning process. Common sense dictates that such work by its nature be regarded as part of the contin- ual cleaning process, rather than as a special boiler- cleaning operation, and so long as it continues to be looked at in that light, as it appears to have been at least to Bunbury and South Fremantle, I should be most surprised to find that it led to any difficulties. There is a lot to be said for the view of the State Energy Commission, expressed at some length by Mr Strong, that the cleaning of the external parts of boilers at or below the firing levels has few, if any, of the disabilities to which he referred. From what I saw on the inspections, it is hard to recall any instances where the work involved cleaning the areas in question was in nature any more obnoxious than any other work normally falling within the category of plant cleaning. Indeed, I saw other aspects of plant cleaning which appeared more difficult and ob- noxious than seemed the cleaning in question. How- ever, I think it unsatisfactory and simplistic to for- mulate a solution, as has the State Energy Com- mission, based largely on the premise that the ad- ditional payment of boiler cleaning is for the disabilities referred to by Mr Strong. Such a premise is not supported by the history of this Award or its predecessors. When the definition of "boiler cleaner" was first inserted into the relevant Award, there existed in that Award both a margin which was higher than that fixed for a plant cleaner, and an allowance for internal boiler cleaning, and an allowance for con- fined space work. The power station allowance has since absorbed the disability allowances, but the wage differentials between the two classifications re- main. It is reasonable to suppose, therefore, that the Award even now recognises a difference in skill, and there is a separate recognition for the disabilities involved. Moreover, the evidence of a number of the employees indicates that there is a margin of differ- ence between the skill and knowledge required of a boilder cleaner as against a plant cleaner, and that was something acknowledged by Mr Strong. Neither party suggested that the classification of boiler cleaner need be abolished. While it remains, it is more sensible to include all boiler cleaning in that job classification, not just the more difficult aspects of boiler cleaning, which is the import of the State Energy Commission's proposals. In my opinion the fitment into which the burning equipment and the fuel lines go, is for these purposes part of the boiler. It gives the appearance to an independent bystander of being such, and of being part of the container in which the combustion takes place. Such a conclusion is not inconsistent with the technical evidence ad- duced by the State Energy Commission, for Mr Strong acknowleged that, while there might be some doubt as to whether the apparatus in question is aptly described as "casing", it would be "stretching the imagination too far to say that it was not" part of the boiler. Clearly, with the passage of time, the structure of boilers has altered, so that the task of cleaning them externally at least is somewhat easier and less diffi- cult to distinguish from other plant so far as disabilities are concerned than it once was. However, if there is to be a job function of boiler cleaning, as both parties agree at this time there should, then it is preferable that the function be defined by reference to the boiler apparatus as a whole, rather than in re- lation to the difficulties of the work to be performed. There may be good grounds to abolish the classifi- cation of boiler cleaner and to look to certain aspects of boiler cleaning as justifying by reason of heat, dirt and confined spaces an extra allowance, as appears to be the case in Victoria. If one were looking at an al- lowance for disabilities on that basis, then the State Energy Commission's proposal would have more force. But it does not wish that to be done, and per- haps not surprisingly in view of the warnings de- livered in 1978, when the question of allowances and special provisions was last reviewed in some detail. (Cf: (1978) 58 W.A.I.G. 1341.) If nothing else, this dispute highlights the short- comings of an "all in" allowance, such as is the nature of the power station allowance payable under this Award. I have not the slightest doubt that, as Mr Strong suggested, there is "an expectancy that, de- spite the awards being made across the board to cover the general conditions in power stations", there is an entitlement to further allowances because em- ployees are doing a range of work which is at times more onerous than their fellow workers. I entirely agree with the views expressed in 1978 in respect of both this Award and the Engineering (SEC) Award and the Boilermaking (SEC) Award, that as a matter of principle, it is preferable to compensate for a dis- ability when it is suffered, rather than to include it in an "all in" allowance. (Cf: (1978) 58 W.A.I.G. 1104, lllOj (1978) 58 W.A.I.G. 1341.) Having seen what is required in cleaning boilers, I can well understand that there would be an expectation that at least some of that work would attract a payment in addition to that paid for normal plant cleaning. But I remain to be convinced that the most apt solution is to place a somewhat artificial definition on the task of boiler cleaning, as I suggest is the effect of the State Energy Commission's proposal. It might make more sense to regard all the work as plant cleaning, with some at- tracting a disability allowance by reason of its ardu- ous nature, but it is not sensible to regard some cleaning of boilers as boiler cleaning, and some cleaning of boilers as not. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2867 To put the matter at rest, I suggest that a new defi- nition of "Boiler cleaner" taking the following form might be inserted into the Award:— "Boiler cleaner" means a worker who performs any work pertaining to the cleaning of a boiler, precipitator or economiser, includ- ing:— (a) the removal of dirt from inside or outside the boiler casings, but exclud- ing the light surface cleaning done solely by hand in and around the areas of the burners as part of rou- tine plant cleaning; (b) the breakings and making of drum manhole door joints and handhole door joints; (c) the searching for leaking tubes or faults; and (d) the cleaning of scale or rust by hand or machine. The second area of dispute concerns the cleaning tasks performed by plant cleaners in the transfer house and reclaim tunnel. At the Kwinana Power Station at least, this problem arises on a Monday and a Friday because on those days one of two bunker at- tendants working in the coal plant are away from the station as part of the arrangements to facilitate the nine-day working fortnight. From time to time, there can be a build-up on the floor of coal spillage from the conveyor system, and, in some places, as for example the belt transfer station, it can build up to such an extent to cause the moving conveyor belts to come to a halt. It is part of a bunker attendant's duties to attend to coal spillages in order that this does not happen. On Mondays and Fridays, the re- maining bunker attendant is so involved with other duties that he is away from the transfer house and so unable to attend to this problem on those days. When a build-up of coal occurs, the practice at the Kwinana Power Station at least is for a plant cleaner to be sent to clean it up, and this generally takes in the region of two hours. The Union says the plant cleaner performs this cleaning work in the bunker area, that much of a bunker attendant's work is cleaning, and so plant cleaners ought to be paid at bunker attendants' rates for doing this work. Indeed, it contends that it is the custom and practice for all plant cleaners who work in the bunker area to be paid bunker attendants' rates. The State Energy Commission says on the other hand that cleaning is but a part of the bunker attendant's work, his general function being to keep the machinery moving. It does not see in the circum- stances why plant cleaners should be paid as bunker attendants when all they are doing is removing a build-up of coal from the floors. I had the opportunity of examining by inspections the various bunker areas, and the work required of bunker attendants, and of seeing a build-up of coal at the transfer house at the Kwinana Power Station. I can only say if all that a plant cleaner is required to do is to remove coal spillages from on and around the floor, then I can see no real difference between that work and the work required of him elsewhere as a plant cleaner. I could not see any real difference be- tween collecting coal from the floor there, and cleaning the floor in other places of the plant. Whether it is in the bunker area or in the region of the boilers, it is all part of the plant. It is clear too that bunker attendants have a good deal more to do than remove coal spillages from their workplace. Their responsibility is to keep an eye on the moving conveyor system for potential malfunctioning and generally ensure that the bunker area is functioning properly. That is not only apparent from the defi- nition of a bunker attendant set out in the Award, but was evident from the inspections, as well as from the evidence adduced from the employees during the course of these proceedings. Of course, if a plant cleaner is expected to do more than merely remove the coal spillage, such as for example to examine the conveyor belts for any malfunctioning or to check the coal levels in the bunkers, he should be entitled to be paid as a bunker attendant, as he is in effect performing the functions of a bunker attendant. Indeed, that was acknowl- edged by Mr Strong. It is not to the point to say that it may be that all of a bunker attendant's day would be taken up with cleaning coal, for as well as doing that he does not lose his other responsibilities. The evidence as to custom and practice suggests more than anything else that plant cleaners relieve bunker attendants, and when they do they are paid as bunker attendants, and not surprisingly so. In places such as Bunbury and Muja, at least, the evidence in- dicates that in fulfilling this role, plant cleaners are not merely sent to clean up a coal spillage, but are sent there for the whole of the day with a general re- sponsibility expected of a bunker attendant. Such is not the case under review; rather, a plant cleaner is simply sent to do some cleaning and then expected to move on. Some of the employees who gave evidence in these proceedings raised the question of the need for two bunker attendants to man the bunker areas on Mondays and Fridays at Kwinana Power Station, but that is not in issue in these proceedings, and it is a view which might be hard to sustain given the con- ditions under which the shorter working week was al- lowed by the Commission, as Mr Keegan rightly ac- knowledged. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR403 of 1982. Between West Australian Shop Assistants and Ware- house Employees Industrial Union of Workers, Perth, Applicant, and Boans Ltd, Respondent. Before Mr Commissioner G. L. Fielding. The 15th day of October, 1982. Mr T. McCormack on behalf of the Applicant. Mrs P. E. Bentley on behalf of the Respondent. Reasons for Decision. THE COMMISSIONER: The material facts in this matter are not in dispute. The Respondent employed Mrs Instone as a shop assistant from 30th March, 1976, until 20th May, 1982. Initially, her employment was on a full-time basis, but with effect from on or about 7th May, 1982, she was employed part-time. This change was not of her choosing, but made on the Respondent's initiative after due notice, because of a down-turn in its business. Mrs Instone's personal cir- cumstances were such that she needed a higher in- come than part-time employment offered her. She therefore sought out and obtained a full-time job elsewhere. Having done that, she gave notice terminating her contract which by agreement became effective on and from 20th May, 1982. The Applicant, on Mrs Instone's behalf, seeks an order that she be paid compensation for loss of po- tential long service leave benefits. The Applicant ac- cepts that Mrs Instone has no legal entitlement under the revelant Award to pro rata long service leave, but says that the probabilities were that she would have remained in the employment of the Re- spondent for at least another four years, and so quali- fied for pro rata long service leave under the Award. It claims she was denied that opportunity because of the Respondent's action in terminating her full-time contract; the part-time contract was no substitute. The Respondent, on the other hand, says in essence that Mrs Instone's continuity of service was broken, not by it, but by her own voluntary act, and she is not therefore entitled to anything in respect of long ser- vice leave. 2868 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. Assuming, as one ought, that Mrs Instone's full- time contract was terminated, it seems common ground that it was done so by reason of a down-turn in the Respondent's trade. She was immediately re- employed, albeit on a part-time basis, and it follows, by reason of Clause 2(6) of the Commission's stan- dard Long Service Leave Conditions, which are incor- porated into the Shop and Warehouse (Wholesale and Retail Establishments) Award No. 32 of 1976, that for the purpose of long service leave her service with the Respondent is deemed continuous. Long service leave is, by its nature, a contingent benefit, and until the contingencies are met, there is no benefit. Whether a benefit accrues or not depends on the effluxion of time, and whether that time ar- rives depends largely on the vagaries of life. It does not help to speculate on what the future might have held, either for the employee or the employer. An em- ployee may say that he or she has the intention of re- maining in the employment of the employer for the full qualifying period, but unless or until he or she does, there is no leave entitlement. Termination of service by notice is as much a fact of life as is termination for other reasons. The possi- bility of such a happening must have been recognised when the qualifying periods were fixed. Indeed the Award makes special provision where notice is given solely for this purpose of defeating the entitlement to long service leave. The plain fact is that by its award the Commission has determined that it is after ten years' continuous service that pro rata entitlement for long service leave arises. If that is thought to be unfair or unsatisfactory, the solution is not to award a personal benefit under the guise of compensation for an entitlement which has not yet accrued, and which may never accrue, but to amend the Con- ditions. If claims for pro rata a long service leave are to be considered on an ad hoc basis, there is little point in having the standard Conditions as they are. I accept the general proposition, often repeated in cases of this nature, that, as with any award con- ditions, the Commission's standard Long Service Leave Conditions set minimum standards only. But in my view the Commission should be slow to depart from those minimum standards. There ought to be special circumstances before it does so. The Com- mission has presumably determined that the stan- dard Conditions, and in particular the qualifying periods, are fair and reasonable, otherwise it would not have made the award in those terms. From time to time, there may be inequities arising thereunder, in which case the Commission, in accordance with the charter given it by section 26 of the Industrial Arbi- tration Act, might think it proper to make an extra award or order to cover the particular circumstances. However, in my view, it would be wrong to conclude that simply because, through no fault of her own, an employee is unable to qualify for pro rata long service leave, the Commission should thereby award her compensation. That appears also to have been the view of the Commission in Court Session in Western Glassworks Pty Ltd v. Federated Clerks Union of Australia, Industrial Union of Workers (1980) 60 W.A.I.G. 287. This is particularly so where the termination is brought about by economic factors over which the employer has little or no control. Moreover, the fact that "slackness of trade" may result in the termin- ation of employment and thereby break the conti- nuity of service for these purposes, is contemplated in the Award, and it seems strange that the termin- ation of service for that reason alone should be re- garded as justifying compensation not provided for in the Award. The Respondent terminated Mrs Instone's ser- vices, not with the intention of defeating any long service leave entitlement which may accrue to her in time, but because it was suffering a downturn in its business. Moreover it offered to, and immediately did, re-employ her, so that there was no break in the continuity of her service for these purposes. In this respect, the circumstances are different to those re- viewed in Amalgamated Metalworkers and Ship- wrights Union of Western Australia and the Aus- tralasian Society of Engineers Industrial Union of Workers v. H. J. Ingle Pty Ltd (1979) 59 W.A.I.G. 400, or in Federated Clerks Union of Australia, In- dustrial Union of Workers v. Boans Ltd (1980) 60 W.A.I.G. 1571 to which the Applicant referred. Furthermore, as Mrs Instone acknowledges, it was in- dicated to her by the Respondent that, if a full-time position became available, she would at least be con- sidered for it, albeit that she was given no guarantee that she would be so re-employed. Despite the down- turn in trade, all was not lost for her as it might have been. She was able to maintain continuity of service and there was a chance of her being employed full- time in the future. It is difficult to see what else the Respondent could have done. Mrs Instone was not satisfied with those arrangements because of her per- sonal circumstances, and she chose to exercise her right to look for full-time employment elsewhere. Having done that, I cannot think that she has any valid claim for compensation for the loss of any po- tential entitlement to long service leave. BEFORE THE WESTERN AUSTRALIAN INDUS- TRIAL COMMISSION. No. CR403 of 1982. Between West Australian Shop Assistants and Ware- house Employees Industrial Union of Workers, Perth, Applicant and Boans Ltd, Respondent. Order. HAVING heard Mr T. A. McCormack on behalf of the Applicant and Mrs P. E. Bentley on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act 1979, hereby orders— That the Application be dismissed. Dated at Perth this 15th day of October, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. DISPUTES— Memorandum of Agreement under Section 44— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. C500 of 1982. In the matter of the Industrial Arbitration Act, 1979; and in the matter of a conference pursuant to section 44 of the said Act. Between Amalga- mated Metal Workers and Shipwrights Union of Western Australia, and Direct Engineering Ser- vices Pty Limited. WHEREAS a conference was held in Perth on 11th October, 1982 pursuant to section 44 of the Industrial Arbitration Act, 1979; and whereas an agreement was reached between the abovenamed parties at the said conference; now therefore, I, purusant to the powers conferred under the said Act, do hereby publish a memorandum of the terms of the agreement. Dated at Perth this 13th day of October, 1982. (Sgd.) D. CORT, [L.S.] Senior Commissioner. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2869 Schedule. 1. The living out allowance payable to certain em- ployees of Direct Engineering Services Pty Limited at Port Hedland shall be increased to $100 per week from the beginning of the first pay period commenc- ing on or after the 11th October, 1982. 2. It is understood that employees of Direct Engin- eering Services Pty Limited at Port Hedland will work such overtime as may be required up to the "customary" 60 hour week and that in the event of available work not increasing the number ■ of em- ployees may be reduced. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. C509A of 1982. In the matter of the Industrial Arbitration Act, 1979; and in the matter of a conference held pursuant to section 44 of the said Act, between C.B.I. Con- structors Pty Ltd and Others, and The Feder- ated Engine Drivers and Firemen's Union of Workers of Western Australia. WHEREAS a conference was held in Perth on 11th and 27th October, 1982 pursuant to section 44 of the Industrial Arbitration Act, 1979; and whereas an agreement was reached between the abovenamed parties at the said conference; now therefore, I, pur- suant to the powers conferred under the said Act do herby publish a memorandum of the terms of the agreement which shall operate on and from the 21st July, 1982. Dated at Perth this 27th day of October, 1982. (Sgd.) D. CORT, (L.S.) Senior Commissioner. Schedule. Clause 9.—Special Projects of the Crane Drivers (On-Site Construction) Order No. C168 of 1982 shall be amended by deleting sub-paragraph (ii) of para- graph (c) of subclause (2) of this clause and inserting in lieu:— (ii) a site allowance of 94.25 cents per hour for each hour worked. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. C509B of 1982. In the matter of the Industrial Arbitration Act 1979; and in the matter of a conference held pursuant to section 44 of the said Act. Between C.B.I. Constructors Pty Ltd and Others and The Fed- erated Engine Drivers and Firemen's Union of Workers of Western Australia. WHEREAS a conference was held in Perth on 11th and 27th October, 1982 pursuant to section 44 of the Industrial Arbitration Act, 1979; and whereas an agreement was reached between the abovenamed parties at the said conference; now therefore, I, pur- suant to the powers conferred under the said Act do hereby publish a memorandum of the terms of the agreement which shall operate on and from the 21st July, 1982. Dated at Perth this 27th day of October, 1982. (Sgd.) D. CORT, [L.S.] Senior Commissioner. Schedule. Clause 9.—Special Projects of the Crane Drivers (On-Site Construction) Order No. C200 of 1982 shall be amended by deleting subparagraph (ii) of para- graph (c) of subclause (2) of this clause and inserting in lieu:— (ii) a site allowance of 94.25 cents per hour for each hour worked. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION No. C531 of 1982. In the matter of the Industrial Arbitration Act, 1979; and in the matter of a conference held pursuant to section 44 of the said Act. Between The Fed- erated Engine Drivers and Firemen's Union of Workers of Western Australia and C.B.I. Con- structors Pty Ltd and Others. WHEREAS a conference was held in Perth on 27th October, 1982 pursuant to section 44 of the Industrial Arbitration Act, 1979; and whereas an agreement was reached between the abovenamed parties at the said conference; now therefore, I pursuant to the powers conferred under the said Act do hereby publish a memorandum of the terms of the agreement. Dated at Perth this 27th day of October, 1982. (Sgd.) D. CORT, [L.S.] Senior Commissioner. Schedule. This Order shall be known as the "Crane Drivers (Worsley Alumina Refinery) Construction Order" and, subject to its terms, shall supplement the En- gine Drivers (Building and Steel Construction) Award No. 20 of 1973 and operate in conjuction with the Crane Drivers (On-Site Construction) Order No. C168 of 1982 and C200 of 1982 and shall replace the Crane Drivers (Worsley Alumina Refinery) Construc- tion Order No. C332 of 1982. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. General Conditions of Employment. 5. Living Out Allowance. 6. Allowance for Travelling and Employment. 7. Site Allowance. 8. Safety Footwear Allowance. 9. Weekend Travel Allowance. 10. Additional Weekend Travel Allowance. Schedule of Respondents. 3.—Area and Scope. This Order shall apply to those employees who, ex- cept for the terms of this Order, would be bound by the Engine Drivers (Building and Steel Construction) Award No. 20 of 1973 and who are employed by any of the employers named in the schedule attached to this Order on Construction work at the Worsley Alumina Refinery Project site of Worsley Alumina Pty Ltd. 4.—General Conditions of Employment. Except as provided in Clause 5.—Living Out Al- lowance, Clause 6.—Allowance for Travelling and Employment, Clause 7.—Site Allowance and Clause 2870 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. 8.—Safety Footwear Allowance, the terms and con- ditions of employment of each employee covered by this Order shall be as prescribed in the award by which the employee would be bound if not for this Order and as prescribed in Order No. C168 of 1982 and C200 of 1982. 5.—Living Out Allowance. (1) An employee to whom the provisions of Clause 22.—Travelling Allowance of the Engine Drivers (Building and Steel Construction) Award No. 20 of 1973 applies and who elects not to live in the Worsley Construction Camp shall, subject to subclause (2) of this clause, be paid a living out allowance at the rate of $121.80 per week to meet the expenses reasonably incurred by him for board and lodging. (2) (a) The allowance prescribed in subclause (1) shall only apply and continue to apply to an em- ployee living with his family in accommodation pro- vided by himself. (b) The accommodation shall be of a reasonable standard. (c) The employee shall satisfy the employer upon request that the requirements of this subclause have application to his circumstances. (d) Any dispute as to the application of this clause shall be subject to discussions between the employer and the union and, failing agreement, shall be referred to a Board of Reference for determination. 6.—Allowance for travelling and employment. (1) In lieu of the provisions of Clause 22.—Travelling Allowance and subclause (5) of Clause 23.—Distant Work of the Engine Drivers (Building and Steel Construction) Award No. 20 of 1973 each employee who is not provided with transport by his employer to travel to and from the job shall be paid the allowance prescribed in subclause (2) of this clause according to where the employee is required by his employer to work each day. (2) An employee, residing within an area measured by radius from the refinery site or the mine site car park; Per day $ (a) Up to 30 km radius 8.40 (b) 30 km to 50 km radius 11.90 (c) Over 50 km radius 14.25 (3) In addition to the allowance prescribed in subclause (2) of this clause an employee required to report for duty on a daily basis for work anywhere on the conveyor line between the perimeters of the refinery and mine sites shall be paid an allowance of one half hour per each attending day at ordinary rates of pay to compensate for the additional time spent in travelling compared to work at the refinery and mine sites. 7.—Site Allowance. (1) An additional allowance as prescribed in the Crane Drivers (On-Site Construction) Order No. C168 of 1982 and C200 of 1982 shall be paid for each hour worked. (2) Such allowance is specifically prescribed to cover all disabilities associated with construction work at the Worsley Alumina Refinery Project. 8.—Safety Footwear Allowance. (1) A payment as prescribed in the Crane Drivers (On-Site Construction) Order No. C168 of 1982 and C200 of 1982 shall be paid to all employees to com- pensate them for the requirement to wear approved safety footwear which the employees are to ensure are maintained in sound condition. (2) Further, it is agreed between the parties, failure to wear such footwear or to maintain it in sound con- dition as determined by the employer will render the offending employee liable to dismissal. 9.—Weekend Travel Allowance. In lieu of the allowance payable pursuant to subclause (2) of Clause 23.—Distant Work of the En- gine Drivers (Building and Steel Construction) Award No. 20 of 1973, a worker who works as re- quired during the ordinary hours of work on the working day before and the working day after a week- end and who notifies the employer or his representa- tive no later than Tuesday of each week of his intention to return home at the weekend and who re- turns home for the weekend, shall be paid an allow- ance of $9.80 for each such occasion. The allowance prescribed in this clause shall not apply to an em- ployee who is receiving the payment prescribed in subclause (1) of Clause (5) of this Order in lieu of board and lodging being provided by the employer. 10.—Additional Weekend Travel Allowance. In addition to the provisions of Clause 9.—Weekend Travel Allowance of this Order a worker shall be paid $8 on each occasion upon which he returns home at the weekend but only if— (1) he has completed three months' continuous service with the employer at the Worsley Project; (2) he is not required for work during the week- end; (3) he returns to the job on the first working day following the weekend; (4) the employer does not provide or offer to provide suitable transport and such payment shall be deemed to compen- sate for a periodical return home at the em- ployer's expense. Schedule of Respondents. C.B.I. Constructors Pty Ltd. Citra Constructions Ltd. Clough Engineering Group. Hornibrook Group (W.A.) Pty Ltd. James Watt (Electrical) Pty Ltd. P.D.M. Johns Perry Pty Ltd. J. F. Thompson Pty Ltd. Electric Power Transmission Pty Ltd. Western Construction (1978) Pty Ltd. Transfield (W.A.) Pty Ltd. Babcock (Australia) Pty Ltd. UNIONS— Alteration of Rules—■ FIRE BRIGADE EMPLOYEES UNION. Application No. 718 of 1982. In the matter of the Industrial Arbitration Act, 1979, and in the matter of an application by the "West Australian Fire Brigade Employees' Industrial Union of Workers" Decision. HAVING read the application, and less than five per centum of the members of the union having objected to the proposed alterations after consulting with the President, and upon being satisfied that the require- ments of the abovementioned Act and the regulations made thereunder have been complied with, I have this day registered an alteration to rules 5, 6, 17, 18, 20(1), 31, 32, 44, 45, 47 and added a new rule 12A to the registered rules of the applicant union in the terms of the application as filed on 17th August 1982. Dated at Perth this 5th day of November, 1982. T. POPE, Deputy Registrar. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2871 Schedule. 1. Rule 5(1)—Delete the existing Rule and insert in lieu thereof the following:— The officers of the Union shall consist of the following, The Secretary, The President, The Senior Vice President, The Junior Vice Presi- dent, The Assistant Secretary, The Treasurer, and Twelve Committeemen. 2. Rule 5(5)—Delete the existing Rule and insert in lieu thereof the following:— The positions of Senior Vice President, Junior Vice President, Assistant Secretary, Treasurer and Trustees shall be filled by an election con- ducted by and at the first Committee Meeting of the newly elected officers held following the dec- laration of the result of the Annual Elections. 3. Rule 6(1)—Delete the existing Rule and insert in lieu the following:— The whole of the business and affairs of the Union shall be under the management and con- trol of the Committee of Management (hereinafter) referred to as the Committee), con- sisting of all of the officers of the Union as set out in Rule 5. 4. Rule 6(5)—Delete the existing Rule and insert in lieu thereof the following:— The Committee may suspend any member who has been absent from three meetings in any one year provided that: (a) attendance on Brig- ade or Union business shall not consistute an ab- sence. (b) members may apply for leave of ab- sence for annual or long service leave periods or such other absences accepted by the Committee, (c) all apologies for meetings shall be by way of notification to the Secretary. 5. Rule 6(6)—Insert after Rule 6(5) a new Rule to be numbered Rule 6(6) as follows:— The Committee may of its own motion or upon the receipt of a complaint from members of the Union, enquire as to whether a member of the Committee has been neglectful of his duty to the Committee and/or to his allocated areas of re- sponsibility. If a member of the Committee is found to be in neglect of duty the matter shall be reported to the next Annual General Meeting or Special General Meeting for the purposes of that meeting declaring the office vacant. 6. Rule 6(6)—Renumber this Rule 6(7). 7. After Rule 12, insert a new Rule 12A as follows; 12A.—Duties of Assistant Secretary. The duties and responsibilities of the Assist- ant Secretary shall be by resolution of and sub- ject to the direction of the Committee from time to time. 8. Rule 17(1)—Delete the existing Rule and insert in lieu thereof the following:— General Meeting of the Union shall be held in the month of December, and July of each year. The December meeting shall be the Half Yearly Meeting and July Meeting shall be the Annual Meeting. Such meetings will be called by in- serting a notice in the press seven (7) days prior to the date of the said meeting, or if the meeting is not for the purpose of amending the Rules, posting a notice at all places of work fourteen (14) days prior to the date of the said meeting, stating the time, place and the business to be transacted. Where the purpose of the meeting is to amend the Rules, notices shall also be posted at all places of work at least seven (7) days prior to the date of the said meeting, stating the time, place and the business to be transacted. 9. Delete the existing Rule 18(1) and insert in lieu thereof the following:— Special General Meetings of the Union may be convened by resolution of a General Meeting or Committee Meeting of the Union. All financial members shall be notified by circular forwarded to their address registered with the Union, at least seven (7) clear days prior to the holding of such meeting. Provided always that where in the opinion of the Committee the matter to be de- cided is of sufficient urgency, the above require- ments may be waived, such waiver must be ap- proved by the Special General Meeting and if not so approved the meeting must be recalled in accordance with the requirements of this Rule. 10. After existing Rule 18(2) insert a new Rule 18(3) to read as follows:— Special General Meetings shall have the power to decide any issue or resolve any matter that comes before that meeting provided only that the matter has been placed as an item on the agenda or arises from any such item on the agenda. 11. Delete the existing Rule 20(1) and insert in lieu thereof the following:— The Union may at any time levy upon the members by the decision of a General or Special General Meeting. If the Committee by resolution has placed the matter on the agenda all members of the Union shall be advised in writing at their registered home address of the reasons for and the amount of the levy at least seven (7) days prior to the meeting. 12. Delete the existing Rule 31(2) and insert in lieu thereof the following:— Each application for membership of the Union shall be deemed to include an acceptance on the part of the applicant that all dues, levies or fines will upon advice from the Secretary be deducted from the member's pay by the W.A. Fire Brig- ades Board or any other duly appointed agent of the Union provided that the said W.A. Fire Brig- ades Board or agent agrees to make the said procuration. 13. To the heading of the Clause 32 add the words "and Retired Members". 14. Insert a new Rule 32(3) to read as follows:— Members of the Union who retire may upon the payment of an amount of one dollar and five cents ($1.05) per annum be admitted to honorary membership of the Union. Honorary members shall not be entitled to vote on any question rel- evant to finance or elections or matters pre- scribed in Rules 25 and 26 of these Rules. 15. Delete the existing Rule 44. 16. Delete the existing Rule 45 and insert in lieu thereof the following:— Unless otherwise specified in these Rules, on all questions before any meeting of the Union or Committee, the vote of the members present shall be taken, by a show of hands. The presiding officer shall declare as to whether the question has been carried or negatived; two members may then demand a division be now taken. The pre- siding officer shall possess and exercise a deliber- ative vote only. In the event of an equality of votes the presiding officer shall declare the questions before the Chair resolved in the nega- tive. 22201—12 2872 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th November, 1982. 17. After Rule 45 insert a new Rule 45(2) to read as follows:— Where two members demade a division be now taken in accordance with these Rules, the presid- ing officer shall appoint two members from the body of the meeting as tellers for the purpose of counting the vote. Unless permanently ap- pointed tellers are in attendance the presiding officer shall select from the meeting two mem- bers to count for votes being equally representa- tive members speaking for or against the question before the Chair. 18. Delete the existing Rule 47(2) and insert in lieu thereof the following:— No discussion shall take place, except on a mo- tion or an amendment, moved and seconded and put in writing. A motion or amendment must be relevant and must affirm. A direct negative to a motion is not a legitimate amendment. An amendment may not be proposed by the mover or seconder of the motion. A mover must obtain the permission of the meeting without a time being specified. 19. Delete the existing Rule 47(3) and insert in lieu thereof the following:— The presiding officer may accept any number of amendments to a motion but only one amend- ment shall be discussed at any one time. When the debate has concluded on the first amend- ment it shall be put to the meeting. If lost, further amendments can be moved to be dealt with as above. If the amendment under dis- cussion is put and carried it will become the sub- stantive motion. Before the motion or the final amended motion is put to the meeting, the ori- ginal mover of the motion has the right of reply. Amendments may be foreshadowed without dis- cussion during the debate. The order of placing amendments before the meeting shall be first moved, first debated. 20. Delete the existing Rule 47(5) and insert in lieu thereof the following:— The motion that "the motion be put" must be moved and seconded. The motion that "the mo- tion be put" may be moved at any time, but when a speaker is addressing the meeting or has received the call from the presiding officer ad- dress the meeting, that motion shall not be put to the meeting until the speaker has concluded. The motion that "the motion be put" may be moved at any time provided that the speaker has at least called for two speakers for and two speakers against the motion. Provided always that it shall be at the discretion of the presiding officer to refuse to accept the motion on the basis that there has not been sufficient debate on the subject. If the motion "that the motion be put" is defeated, the debate shall proceed in ac- cordance with Standing Order No. 3. If the mo- tion that "the motion be put" is carried, the pre- siding officer shall call upon the mover of the original motion to exercise a right of reply which must be brief and does not introduce new mat- ter. The motion and all amendments shall then be put to the meeting in the order determined elsewhere in Standing Orders. The motion that the "motion be put" may be moved any number of times during a debate, but the same two per- sons who have once moved and seconded the mo- tion cannot move or second it a second time in respect to the same question. The person who has moved or seconded or spoken on the question before the Chair, cannot move "that the motion be put". PAINTERS AND DECORATORS UNION. Application No. 879 of 1982. In the matter of the Industrial Arbitration Act, 1979 and in the matter of an application by The Op- erative Painters and Decorators Union of Aus- tralia, West Australian Branch, Union of Workers for an alternation of its rules. Decision. HAVING read the application, there being no person desiring to be heard in opposition thereto, after con- sulting with the President, and upon being satisfied that the requirements of the abovementioned Act and the regulations made thereunder have been com- plied with, I have this day registered alterations to rule 7 of the registered rules of the applicant union in the terms of the application as filed on 5th October, 1982. Dated at Perth this 12th day of October, 1982. T. POPE, Deputy Registrar. CONFERENCES— Vickers Hoskins—Division of Vickers Australia Limited and Amalgamated Metal Workers and Shipwrights Union of Western Australia and Another. No. C492 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 27th September, 1982 to deal with a stoppage over the dis- missal of a worker. The conference was concluded. Amalgamated Metal Workers and Shipwrights Union of Western Australia and Direct En- gineering Services Pty Limited. No. C500 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australia Indus- trial Commission, 815 Hay Street, Perth on 11th October, 1982 to deal with a living away allowance. The conference was concluded. Amalgamated Metal Workers and Shipwrights Union of Western Australia and Electric Power Transmission Pty Ltd. No. C522 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 21st October, 1982 to deal with over award payments. Agreement was not reached and the matter was referred for hearing and determination. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2873 Amalgamated Metal Workers and Shipwrights Union of Western Australia and George Moss Pty Ltd. No. C532 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 27th October, 1982 to deal with a claim for long service leave entitlement. The conference was concluded. Saphire Creek Pty Ltd as Trustee for the Risa Trust Trading as Furey Constructions and The Australian Builders Labourers Feder- ated Union of Workers Western Australian Branch and Another. No. C498 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 1st October, 1982 to deal with a ban over termination of services. The conference was concluded. Amalgamated Metal Workers' and Shipwrights' Union of Western Australia and Hamersley Iron Pty. Limited. No. C539 of 1982. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Com- mission, Welcome Road, Karratha on Monday 25th October 1982, to deal with a dispute concerning stand downs at Tom Price. A recommendation was made to the parties and the conference concluded. Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth, and City of Belmont. No. C464 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 14th September and 1st October, 1982 to deal with the reduced wage of an employee. The conference was concluded. Amalgamated Metal Workers' and Shipwrights Union of Western Australia and Hon. Minis- ter for Works and Water Resources No. C473 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 17th September, 1982, to deal with a claim that certain employees em- ployed on the Kalgoorlie Pipe Line were entitled to the benefits of an allowance prescribed by the appro- priate Award. The matter was referred for hearing and determi- nation. Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth, and Hon. Minister for Works and Water Re- sources. No. C539 of 1981. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 27th October, 1981 to deal with a log of claims for district electrical technicians. The conference was concluded. Amalgamated Metal Workers and Shipwrights Union of Western Australia and Humes Plastic Division. No. C534 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 26th October, 1982 to deal with the dismissal of a worker. The conference was concluded. Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth and In- dustrial Switchboard Manufacturers. No. C 523 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 22nd October, 1982 to deal with dismissal of workers. The conference was concluded. Hamersley Iron Pty. Limited and The Australian Workers Union, West Australian Branch, In- dustrial Union of Workers. No. C513 of 1982. A conference was held before the Assistant Registrar, Mr R. Laing, at the direction of Mr Commissioner B. J. Collier, and before Mr Commissioner B. J. Collier at the Western Australian Industrial Commission, Welcome Road, Karratha on the 13th and 18th October, 1982, to deal with a dispute concerning housing for Trades Assistants in Paraburdoo. The parties failed to reach agreement and the mat- ter was referred for hearing and determination. Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth and Public Works Department—Architectural Division. No. C185 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 21st April and 10th September, 1982 to deal with a claim for an environmental allowance. Agreement was not reached and the matter was referred for hearing and determination. 2874 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. Federated Clerks Union of Australia, Industrial Union of Workers, W.A. Branch and Target Supermarkets Pty Ltd. No. C526 of 1982. A conference was held before Mr Commissioner G. L. Fielding at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 27th October, 1982, to deal with continuity of employment. Agreement was reached and the conference con- cluded. The Federated Liquor and Allied Industries Em- ployees Union of Australia Western Aus- tralian Branch, Union of Workers and Chateau Commodore Hotel. No. C478 of 1982. A conference was held before Mr Commissioner G. A. Johnson at the Western Australian Industrial Com- mission, 815 Hay Street, Perth on 22nd September and 5th October, 1982, to deal with an unfair dis- missal. The conference was concluded. C.B.I. Constructors Pty Ltd and Others and The Federated Engine Drivers and Firemens Union of Workers of Western Australia. No. C509 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 11th and 27th October, 1982 to deal with a stoppage of work over a claim for site allowance. The conference was concluded. Federated Liquor and Allied Industries Em- ployees Union of Australia Western Aus- tralian Branch Union of Workers and Mounts Bay Lodge. No. C510 of 1982. A conference was held before Mr Commissioner G. A. Johnson at The Western Australian Industrial Com- mission, 815 Hay Street, Perth on 15th October, 1982 to deal with a dismissal. The conference was referred to the Commission for hearing and determination. The Federated Engine Drivers and Firemens Union of Workers of Western Australia and C.B.I. Constructors Pty Ltd and Others. No. C531 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 27th October, 1982 to deal with a proposed new order. The conference was concluded. FremantJe Port Authority and Maritime Workers' Union of Western Australia, Union of Workers. No. C506 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on the 8th and 11th October, 1982 to deal with a refusal by mooring assistants to moor vessels in Cockburn Sound. The conference was concluded. P.D.M. Johns Perry Pty Ltd and The Federated Engine Drivers and Firemens Union of Workers of Western Australia. No. CISC of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 22nd September, 1982 to deal with a stoppage over wage rates. The conference was concluded. West Australian Branch, Australasian Meat In- dustry Employees' Union, Industrial Union of Workers, Perth and Bunbury Beef Ex- ports Pty. Ltd. No. €529 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on the 22nd October, 1982 to deal with stand-downs. The conference was concluded. Hospital Employees' Industrial Union of Workers and Mandurah Nursing Home. No. C475 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at Perth on 15th October, 1982 to deal with a dismissal. The parties were unable to reach an agreement and the matter was referred for hearing and determi- nation. West Australian Branch, Australasian Meat In- dustry Employees' Union, Industrial Union of Workers, Perth and Derby Meat Pro- cessing Co. Ltd. and Norwest Beef Industries Ltd. No. C544 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on Tuesday, 2nd November, 1982 to deal with Long Service Leave entitlements. The conference was concluded. 24th November, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2875 Federated Miscellaneous Workers' Union of Aus- Transport Workers' Union of Australia, Indus- tralia, Western Australian Branch and Drum trial Union of Workers, Western Australian Services Pty. Ltd. Branch, and Chamberlain John Deere. No. €530 of 1982. No. C397 of 1982. A conference was held before Mr Commissioner G. G. A conference was held before Mr Commissioner G. J. Halliwell at the Western Australian Industrial Com- Martin at Perth on 3rd August, 1982, to deal with the mission, 815 Hay Street, Perth, on 26th October, dismissal of a worker. 1982 to deal with a dispute over the refusal of the The conference was concluded, company to negotiate redundancy payments for three workers. The conference was concluded. Hon. Minister for Works and Water Resources and Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers. No. €511 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at the West Australian Industrial Com- mission, 815 Hay Street, Perth, on 19th October, 1982 to deal with work bans. The parties failed to reach an agreement and the matter was referred for hearing and determination. W.A. Municipal, Road Boards, Parks and Race- course Employees Union of Workers, Perth and Shire of Chapman Valley. No. C 225 of 1982. A conference was held before Mr Commissioner G. L. Fielding at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 12th May, 1982, to deal with the dismissal of a worker. The Applicant subsequently indicated that it did not wish to pursue the matter, and the conference concluded. The Operative Painters and Decorators Union of Australia, West Australian Branch, Union of Workers, and A.P.R. Contractors. No. C525 of 1982. A conference was held before Mr Senior Com- missioner D. E. Cort at the Western Australian In- dustrial Commission, 815 Hay Street, Perth on 26th October, 1982 to deal with wages and conditions. The conference was concluded. Royal Australian Nursing Federation Industrial Union of Workers, Perth, and Sky Hospital and Anne-Marie Nursing Home. No. €518 of 1982. A conference was held before Mr Commissioner G. L. Fielding at the Western Australian Industrial Com- mission, 815 Hay Street, Perth, on 19th October, 1982, to deal with payment of wages. Agreement was reached and the conference con- cluded. CORRECTIONS- BUILDING TRADES (STATE ENERGY COMMISSION) AWARD. No. 1 of 1959. WHEREAS an error occurred in the Order No. C460 of 1982, published in the Western Australian Indus- trial Gazette on 27th October, 1982. Volume 62—Part 2, Sub-Part 4; Pages 2614-2615, the follow- ing is a replacement Order. K. SCAPIN, Industrial Registrar. 9th November, 1982. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. C460 of 1982. In the matter of the Industrial Arbitration Act, 1979; and in the matter of a conference pursuant to section 44 of the said Act. Between Building Trades Association of Unions of Western Aus- tralia (Association of Workers), Applicant, and State Energy Commission, Respondent. Order. WHEREAS a conference was held in Perth on the 22nd day of September, 1982 pursuant to section 44 of the Industrial Arbitration Act, 1979; and whereas an agreement was reached between the parties to that conference: Now therefore I, the undersigned, a Commissioner of the Western Australian Industrial Commission before whom the conference was held do hereby order— (1) That notwithstanding the provisions of the Building Trades (State Energy Commission) Award No. 1 of 1959, the following con- ditions shall apply to the carpenter em- ployed by the State Energy Commission on the Muja construction site: (a) The rate of pay and leading hand al- lowances applicable shall be those prescribed by the National Building Trades Construction Award 1975, provided that the employee shall not be entitled to payment of the service allowance payable to other State Energy Commission employees. (b) Where a concrete pour has been com- menced prior to the commencement of a period of rain, the employee may be required to complete the concrete pour to a practical stage in the rain and for such work shall be paid at the rate of double time calculated to the next hour and shall also be supplied with adequate wet weather gear. 2876 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thNovember, 1982. (2) That this Order shall have effect on a flat basis as from the beginning of the first pay period commencing on or after 2nd May, 1982, and for all purposes from the begin- ning of the first pay period commencing on or after 27th June, 1982. Dated at Perth this 23rd day of September, 1982. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. TRANSPORT WORKERS (GOVERNMENT) Award No. 2A of 1952. WHEREAS an error occurred in Order No. 474 of 1980 published in the Western Australian Industrial Gazette on the 26th November 1980, Volume 60, Part 2, Sub-Part 6, Page 2280, the following correction is made: 6.—Extra Rates. Delete subclause (3) and insert in lieu:— (3) Dirty material's—Workers carting any of the following dirty materials shall be paid 13 cents extra per hour when loaded or un- loaded by the driver (except by tip- ping)—Coal, coke, briquettes, plummage, graphite, ferro, or iron manganese, lime., "Comaidai" lime, tallite, limil, plaster, plaster of paris, red oxide, zinc oxide, superphosphate (in second hand and/or farmer's own bags) dicalcic phosphate, yellow ochre, red ochre, charcoal, empty flour bags, supercel in jute bags, stone dust refuse and/or garbage from ships in port, street sweepings, when carted as a full load, and any materials or a particular load thereof which the Board of Reference may decide to be dirty. The Board of Reference may delete any material from this defi- nition. This allowance shall not apply to any package goods from which the material does not leak or seep or to any worker who is not required to handle any of the materials named. K. SCAPIN, Industrial Registrar. 26th October, 1982. JOINDER OF PARTIES— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 626 of 1982. Between West Australian Shop Assistants and Ware- house Employees Industrial Union of Workers, Perth, Applicant, and Western Australian Po- tato Marketing Board, Respondent. Order. HAVING heard Mr R. E. Archer on behalf of the Ap- plicant and Mr J. D. Miller on behalf of the Respon- dent, the Commission, pursuant to the powers con- ferred on it under the Industrial Arbitration Act, 1979, hereby orders— That The Western Australian Potato Market- ing Board be joined as a party to the Storemen (Government) Award No. 20 of 1969 with effect on and from 3rd September, 1982. Dated at Perth this 13th day of October, 1982. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. EDITORS NOTE: For details of decision in this matter dated 17th September, 1982, please see W.A.I.G. Vol. 62 Part 2, Sub-Part 4, page 2589. PUBLIC SERVICE ARBITRATION— Agreements Filed—■ PERTH DENTAL HOSPITAL DENTISTS SALARIES. Agreement No. 12 of 1982. Public Service Arbitration. Agreement Filed. PUBLIC SERVICE ARBITRATION ACT 1966. PURSUANT to the provisions of Regulation 8 of the Public Service Arbitration Act Regulations 1978 the following Agreement is published for general infor- mation. S. M. ARMSTRONG, Registrar. Western Australia. Public Service Arbitration Act 1966. PERTH DENTAL HOSPITAL DENTIST'S SALARIES AGREEMENT 1982. No. 12 of 1982. THIS agreement made pursuant to the provisions of the Public Service Arbitration Act, 1966-1982 of Western Australia this 27th day of October 1982, be- tween the Civil Service Association of Western Aus- tralia Incorporated (hereinafter referred to as the As- sociation) of the one part and the Perth Dental Hos- pital (hereinafter referred to as the Hospital) of the other part witnesseth that the parties hereto mutu- ally covenant and agree the one with the other as fol- lows: 1.—Title. This Agreement shall be known as the Perth Den- tal Hospital Dentists Salaries Agreement 1982 and shall supersede and replace the Perth Dental Hospi- tal Dentists Salaries Agreement 1977, No. 4 of 1977. 24thNovember, 1982.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2877 2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Salaries. 5. Adjustment of Salary Rates. 6. National Wage Case Adjustment. 7. Annual Increments. 8. Copies of Agreement. 9. Term of Agreement. 3.—Scope. This agreement shall apply to Government Officers eligible for registration with the Dental Board of Western Australia and who are employed as dentists by the Hospital. 4.—Salaries. 1 Staff Dentist— First Year 23 263 Second Year 23 913 Third Year 25 241 Fourth Year 26 654 Fifth Year 28118 Sixth Year 28 847 Seventh Year 29 955 Provided that the Outstations Dental Officer, King Edward Mem- orial Hospital for Women shall be paid an allowance to $31 360. 2 Outstations Dental Officer (other than King Edward Memorial Hospi- tal) Senior Staff Dentist Dentist in Charge, Road Dental Clinic Dentist in Charge Annex Clinic Grade II— First Year 31360 Second Year 32 767 Provided that the Dentist in Charge, Annex Clinic at Kalgoorlie shall be paid an allowance to $35 564 3 Dentist in Charge, Outstations Head of Department Dentist in Charge Dental School Patients Dentist in Charge Annex Clinic Grade I— First Year 36 969 Second Year 39 333 4 Specialist Dentist— First Year 36 969 Second Year 39 333 Third Year 41045 Fourth Year 42 761 5 Senior Specialist Orthodontics 43 730 Regional Specialist 6 Co-ordination Head—Orthodontics.. 44 700 —Restorative 7 Deputy Director of Hospital Dental Services 46 756 8 Director of Hospital Dental Services. 49 476 An officer employed on a part-time basis shall be paid a salary calculated in accordance with the fol- lowing formula: Hours Worked per Fortnight Full Time Fortnightly Salary 5.—Adjustment of Salary Rates. The salary rates expressed herein shall be automatically varied to conform to any variations which are made from time to time in the equivalent salary rates applying to offices covered by the Public Service Administrative and Clerical Divisions Salaries Award 1982, No. 1 of 1982. Any such vari- ation shall apply from the date that the variations have been effected in respect to offices covered by that Award. 6.—National Wage Case Adjustment. The salary rates prescribed by this Agreement shall be varied to the extent necessary to give effect to any decision of the Australian Conciliation and Ar- bitration Commission in a National Wage Case made during the currency of this Agreement and expressed to be on general economic grounds and which has general application. 7.—Annual Increments. Subject to good conduct, diligence and efficiency, an officer shall proceed from the minimum to the maximum of the salary rate, where so provided, ac- cording to the increments in such salary range. 8.—Copies of Agreement. Every officer covered by this Agreement shall be entitled to have access to a copy of this Agreement. Sufficient copies shall be available for this purpose. 9.—Term of Agreement. This Agreement shall operate as from and includ- ing the eighteenth day of December 1981 and shall remain in force for a period of three years, provided that at any time after the expiration of the first 12 months from the date of operation of this Agreement or of the expiration of any period of 12 months from the date of any variation thereof, either of the parties may negotiate with the other party to amend or add to this Agreement or approach the Public Service Ar- bitrator for an amendment to this Agreement. In Witness Whereof the parties hereto have here- unto set their hands and seals the day and year be- fore written. The Common Seal of the Civil Ser- vice Association of Western Australia Incorporated was hereunto affixed in the pres- ence of— O. S. MIDDLETON, Trustee. D. J. KINNIMONTH, Trustee. ANTHONY BLACK, General Secretary. The Common Seal of the Perth Dental Hospital Board was hereunto affixed in the pres- ence of JOHN S. YULL, Chairman. K. J. LAMB, [L.S.l Administrator. [2911] PUBLISHED BY AUTHORITY Single Copy $2.50 Annual Subscription $50.00 Sub-Part 6 WEDNESDAY, 22nd DECEMBER, 1982 Vol. 62—Part 2 wasTiiM zaosfimiLi PURSUANT TO SECTION 16, SUBSECTION (2) (b) OF THE INDUSTRIAL ARBITRATION ACT, 1979 22731 —1 CONTENTS The Western Australian Industrial Commission 2913 The