Benchmark WA Industrial Relations Case Database

Electrical Trades Union WA v CAI Fences Pty. Ltd., DBS Fencing, Woodford Gatemakers Pty. Ltd

[2015] WAIRC 1003 Single Commissioner (WAIRC) 2015-11-11 File: APPL 138/2015
Source
Commissioner Kenner
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Electrical Trades Union WA
Respondent: CAI Fences Pty. Ltd., DBS Fencing, Woodford Gatemakers Pty. Ltd

Ratio

The Commission granted the application by the Electrical Trades Union WA to vary the Gate, Fence and Frames Manufacturing Award by updating overtime meal allowances, special rates (dirt money, confined space, first aid), leading hand penalties, and tool allowances to take effect from the first pay period on or after 5 November 2015.

Outcome

For applicant granted

Authority signal

Not yet cited by other cases Signal-weighted score: 0.8
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 4

  • Application by Electrical Trades Union WA to vary the Gate, Fence and Frames Manufacturing Award
  • No appearance by respondents (CAI Fences Pty. Ltd., DBS Fencing, Woodford Gatemakers Pty. Ltd.)
  • Variations concerned overtime meal allowances, special rates/allowances, leading hand penalties, and tool allowances
  • Effective date: first pay period on or after 5 November 2015

Factors

For
  • Application brought by union party to the award
  • No opposition from respondents
Against

Concept tags · 4

[P]Award (WA state system) [P]Award variation [S]Wages — payment obligations [S]Overtime and penalty rates

Subsequent treatment · 1

Cited / considered· 1

Cited
(2015) 95 WAIG WAIRC — Single Commissioner — NOVEMBER 2015
Archived text (684 words)
GATE, FENCE AND FRAMES MANUFACTURING AWARD WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Electrical Trades Union WA APPLICANT -v- CAI Fences Pty. Ltd., DBS Fencing, Woodford Gatemakers Pty. Ltd. RESPONDENT CORAM Commissioner S J Kenner DATE WEDNESDAY, 11 NOVEMber 2015 FILE NO/S APPL 138 OF 2015 CITATION NO. 2015 WAIRC 01003 Result Award varied Representation Applicant Mr J Murie Respondent No Appearance Order HAVING heard Mr J Murie on behalf of the applicant and there being no appearance by the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Gate, Fence and Frames Manufacturing Award be varied in accordance with the following schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period on or after 5 November 2015. Commissioner S J Kenner SCHEDULE 1. Clause 7. – Overtime: Delete paragraph (f) of subclause (3) of this Clause and insert in lieu thereof the following: (f) Subject to the provisions of paragraph (h) of this subclause, an employee required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $12.00 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $8.30 for each meal so required. 2. Clause 14. – Special Rates and Provisions: A. Delete subclauses (1) and (2) of this Clause and insert in lieu thereof the following: (1) Dirt Money: An employee shall be paid an allowance of 59 cents per hour when engaged on work of an unusually dirty nature where clothes are necessarily unduly soiled or damaged or boots are unduly damaged by the nature of the work done. (2) Confined Space: An employee shall be paid an allowance of 74 cents per hour when, because of the dimensions of the compartment or space in which the employee is working, the employee is required to work in a stooped or otherwise cramped position or without proper ventilation. B. Delete subclause (4) of this Clause and insert in lieu thereof the following: (4) An employee, holding a Third Year First Aid Medallion of the St. John Ambulance Association appointed by the employer to perform first aid duties, shall be paid $12.10 per week in addition to the ordinary rate. 3. First Schedule - Wages: A. Delete subclause (2) of this Schedule and insert in lieu thereof the following: (2) Leading Hand: In addition to the appropriate rate of wage prescribed in subclause (1) of this clause a leading hand shall be paid: (a) : $31.70 (b) : $48.70 (c) : $62.80 B. Delete subclause (6) of this Schedule and insert in lieu thereof the following: (6) (a) Where an employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that tradesperson or apprentice in the performance of their work as a tradesperson or as an apprentice, the employer shall pay a tool allowance of - (i) $17.70 per week to such tradesperson, or (ii) In the case of an apprentice a percentage of $17.70 being the percentage which appears against the year of apprenticeship in subclause (a) of subclause (3) of this Schedule. For the purpose of such tradesperson or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson or apprentice. (b) Any tool allowance paid pursuant to paragraph (a) of this subclause 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 tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments. (d) A tradesperson or apprentice shall replace or pay for any tools supplied by the employer, if lost through their negligence. 4. Fourth Schedule – Named Parties to the Award: Delete this Schedule and insert in lieu thereof the following: FOURTH SCHEDULE - NAMED PARTIES TO THE AWARD Union party Electrical Trades Union WA