AN160112 - Electronics Industry Award No. A22 of 1985
This
Fair Work Australia consolidated award reproduces the former State award
Electronics Industry Award No. A22 of 1985 as at 27 March 2006.
Note: This award was terminated on 19
January 2012 (see PR518977) in accordance with item 3 of Schedule 5 of the
Fair Work
(Transitional Provisions and Consequential Amendments Act)
2009.
|
About
this
Award:
Formerly
award ELE007 of the Western Australian Industrial Relations
Commission.
Printed
by authority of the Commonwealth Government
Printer.
Disclaimer:
Please
note that this consolidated former State award is believed to be accurate but no
warranty of accuracy or reliability is given and no liability is accepted for
errors or omissions or loss or damage suffered as a result of a person acting in
reliance
thereon.
AN160112
[Notional FWA Consolidation]
Electronics Industry Award No. A22 of 1985
1.
- TITLE
This
award shall be known as the "Electronics Industry Award" No. A22 of
1985.
1B. - MINIMUM ADULT AWARD WAGE
(1) No
adult employee shall be paid less than the Minimum Adult Award Wage unless
otherwise provided by this
clause.
(2) The
Minimum Adult Award Wage for full time adult employees is $484.40 per week
payable on and from 7th July
2005.
(3) The
Minimum Adult Award Wage of $484.40 per week is deemed to include all arbitrated
safety net adjustments from State Wage Case
decisions.
(4) Unless
otherwise provided in this clause adults employed as casuals, part time
employees or pieceworkers or employees who are remunerated wholly on the basis
of payment by result shall not be paid less than pro rata the Minimum Adult
Award Wage according to the hours
worked.
(5) Juniors
shall be paid no less than the wage determined by applying the percentage
prescribed in the junior rates provision in this award to the Minimum Adult
Award Wage of $484.40 per
week.
(6) (a) The
Minimum Adult Award Wage shall not apply to apprentices, employees engaged on
traineeships or Jobskill placements or employed under the Commonwealth
Government Supported Wage System or to other categories of employees who by
prescription are paid less than the minimum award
rate.
(b) Liberty
to apply is reserved in relation to any special categories of employees not
included here or otherwise in relation to the application of the Minimum Adult
Award
Wage.
(7) Subject
to this clause the Minimum Adult Award Wage shall
-
(a) apply
to all work in ordinary
hours.
(b) apply
to the calculation of overtime and all other penalty rates, superannuation,
payments during any period of paid leave and for all purposes of this
award.
(8) Minimum
Adult Award
Wage
The
rates of pay in this award include the minimum weekly wage for adult employees
payable under the 2005 State Wage Case Decision. Any increase arising from the
insertion of the minimum adult award wage will be offset against any equivalent
amount in rates of pay received by employees whose wages and conditions of
employment are regulated by this award which are above the wage rates prescribed
in the award. Such above award payments include wages payable pursuant to
enterprise agreements, consent awards or award variations to give effect to
enterprise agreements and over award arrangements. Absorption which is contrary
to the terms of an agreement is not
required.
Increases
under previous State Wage Case Principles or under the current Statement of
Principles, excepting those resulting from enterprise agreements, are not to be
used to offset the minimum adult award
wage.
(9) Adult
Apprentices
(a) Notwithstanding
the provisions of this clause, an apprentice, 21 years of age or over, shall not
be paid less than $406.70 per
week.
(b) The
rate paid in paragraph (a) above is payable on superannuation and during any
period of paid leave prescribed by this
Award.
(c) Where
in this award an additional rate is expressed 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 actual year of
apprenticeship.
(d) Nothing
in this clause shall operate to reduce the rate of pay fixed by this award for
an adult apprentice in force immediately prior to
5th
June
2003.
2.
- ARRANGEMENT
1B. Minimum Adult Award Wage
4A. Division of Award
Appendix
- Resolution of Disputes Requirements
First
Schedule -
Respondents
Second
Schedule -
Exemptions
Third
Schedule - Memorandum of
Understanding
Fourth
Schedule - Named Parties to the
Award
Appendix
- S.49B - Inspection Of Records Requirements
3.
- AREA AND
SCOPE
This
award relates to the Electronics Industry within the State of Western Australia
and to all work done by employees (except those employees employed or engaged on
research and development) employed in the classifications shown in Clause 33. -
Wages of Part I - General or Clause 10. - Wages of Part II - Construction Work
and employed by the respondents in connection with the making, installing,
repairing and altering, assembling, testing, aligning, fault locating, of
electronic componentry, instruments, equipment and/or systems provided that this
award shall not replace or extend to cover the operations of any respondent to
the Metal Trades (General) Award No. 13 of 1965 as amended, the Radio and
Television Employees' Award No. 14 of 1974 as amended, the Draughtsmen,
Tracers, Planners and Technical Officers' Award No. 11 of 1979 as amended or
the Electrical Contracting Industry Award R22 of 1978 as
amended.
4.
- TERM
The
term of this award shall be for a period of 2 years and 3 months from the
beginning of the first pay period to commence on or after the lst day of
November, 1988.
4A. - DIVISION OF AWARD
This
award shall be divided
into:
(i) PART
I - GENERAL which shall apply to all employees covered by this award except to
the extent that PART II - CONSTRUCTION WORK applies to employees engaged on
construction work,
and
(ii) PART
II - CONSTRUCTION WORK which shall apply to employees engaged on construction
work defined in Clause 5. - Definitions of Part I - General of this
award.
PART
I. -
GENERAL
This
Part of the award, Clause 5. - Definitions to Clause 36. - No Extra Claims
inclusive, shall apply to all employees covered by this award except to the
extent that PART II - CONSTRUCTION WORK applies to employees engaged on
construction
work.
5.
-
DEFINITIONS
(1) "Electronic
Serviceperson" means an employee, other than an apprentice, who has successfully
completed an electronic servicing apprenticeship or another appropriate trade
course or has otherwise reached an equivalent standard of skills and knowledge
and applies general trade skills on work carried out by the employer as
described in Clause 3. - Area and Scope of this
award.
(2) "Electronic
Technician (Grade I)" means an employee, other than an apprentice, who applies
knowledge and skills in the conduct of work carried out by the employer as
described in Clause 3. - Area and Scope of this award;
and
(i) has
at least one year's on-the-job experience as an Electronic Serviceperson or
equivalent, and also has successfully completed units in an appropriate post
trade course which constitutes at least one year's part time study;
or
(ii) has
reached an equivalent standard of skills and knowledge through other
means.
(3) "Electronic
Technician (Grade II)" means an employee, other than an apprentice, who applies
knowledge and skills in the conduct of work carried out by the employer as
described in Clause 3. - Area and Scope of this
award.
To be
classified as an Electronic Technician (Grade II), a
technician:
(i) must
have at least one year's on-the-job experience as an Electronic Technician
(Grade I) in electronic systems utilising integrated circuits and have
successfully completed units in an appropriate post trades course (in
electronics or another appropriate course) which constitutes at least two years
part time study;
or
(ii) has
reached an equivalent standard of skills and knowledge through other
means.
In
addition, to be classified as an Electronic Technician (Grade II), a technician
must be capable
of:
(i) Maintaining
and repairing multi-function printed circuitry using circuit diagrams and test
equipment.
(ii) Working
under minimum supervision and technical
guidance.
(iii) Providing
technical guidance within the scope of the work described in this
definition.
(iv) Preparing
basic reports on specific tasks or assignments as directed and within the level
of the work described in this
definition.
(4) "Electronic
Technician (Grade III)" means an employee, other than an apprentice, who applies
knowledge and skills in the conduct of work carried out by the employer as
described in Clause 3. - Area and Scope of this
award.
To be
classified as an Electronic Technician (Grade III), a
technician;
(i) must
have at least three years on-the-job experience as an Electronic Technician
(Grade II) in electronic systems utilising integrated circuits and in addition
must have satisfactorily completed a post trades course in electronics (such as
the advanced Certificate in Microcomputer Technology or the Advanced Certificate
in Engineering) or at least three years part time study;
or
(ii) has
reached an equivalent standard of skills and knowledge through other
means.
In
addition, to be classified as an Electronic Technician (Grade III), a technician
must be capable
of:
(i) Maintaining
and repairing multi-function printed circuitry using circuit diagrams and test
equipment.
(ii) Working
without supervision and technical
guidance.
(iii) Providing
technical guidance within the scope of the work described in this
definition.
(iv) Preparing
reports of a technical nature on specific tasks or assignments as directed and
within the scope and level of the work described in this
definition.
(5) "Assembler"
means an employee engaged in or in connection with the manufacturing or
assembling of electronic componentry, instruments, equipment or systems, or on
any repetitive hand processes in connection
therewith.
(6) "Assembler
1" means an employee engaged in or in connection with the manufacturing or
assembling of electronic componentry, instruments, equipment or systems, or on
any repetitive hand processes in connection therewith and who conducts limited
testing, aligning and fault finding which does not require the skill of
servicepeople and
above.
(7) "Junior
Employee" means an employee under the age of twenty-one years who is not
employed as an
apprentice.
(8) "Installer"
means an employee who is engaged in connection with the installation or wiring
of electronic equipment, provided that any work in the nature of fault
diagnosis, testing, adjusting and commissioning which is complex in nature shall
be the work of servicepeople and
above.
(9) "Trainee
Installer" means an employee engaged as such and who is being trained in
connection with the installation or wiring of electronic equipment, provided
that:
(i) any
work in the nature of fault diagnosis, testing, adjusting and commissioning
which is complex in nature shall be the work of servicepeople and
above;
(ii) no
trainee installer less than 18 years of age shall be engaged on construction
work as defined in subclause (9) hereof without the unions' written
permission.
(10) "Construction
Work" means work on site in or in connection with
-
(a) the
construction of a large industrial undertaking or any large civil engineering
project;
(b) the
construction or erection of any multi-storey building;
and
(c) the
construction, erection or alteration of any other building, structure, or civil
engineering project which the employer and the union or unions concerned agree
or, in the event of disagreement, which the Board of Reference declares to be
construction work for the purposes of this
award.
(11) "Casual
Employee" means an employee who is engaged and paid as
such.
6.
- CONTRACT OF
SERVICE
(1) A
contract of service to which Part I - General of 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 employer's right to dismiss a worker without notice for misconduct and
a worker so dismissed shall be paid wages for the time worked up to the time of
dismissal
only.
(2) Subject
to the provisions of this clause, a party to a contract of service may, on any
day 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
terminates 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 monies owing to him under this award except to
the extent that those monies exceed his ordinary wages for the period of notice
which should have been
given.
(b) In
a case to which paragraph (a) of this subclause
applies:
(i) the
contract of service shall, for the purposes of this award, be deemed to have
terminated at the time of 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 equivalent to the worker's ordinary wages for the period of notice which
should have been
given.
(5) The
period of notice referred to in subclause (2) of this clause
is:
(a) in
the case of a casual worker, one
hour;
(b) in
any other case
-
(i) during
the first month of employment under the contract, one day;
and
(ii) after
the first month of such employment, one
week.
(6) (a) On
the first day of engagement a worker shall be notified by his employer or by the
employer's representative whether the duration of his employment is expected to
exceed one month and, if he is hired as a casual worker, he shall be advised
accordingly.
(b) A
worker shall, for the purposes of this award, be deemed to be a casual worker
-
(i) if the
expected duration of the employment is less than one month;
or
(ii) if
the notification referred to in paragraph (a) of this subclause is not given and
the worker is dismissed through no fault of his own within one month of
commencing
employment.
(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 when such absence
from is due to illness and comes within the provisions of Clause 11. - Sick
Leave or such absence is on account of holidays to which the worker is entitled
under the provisions of this
award.
7.
- HIGHER
DUTIES
An
employee engaged on duties carrying a higher rate than his ordinary
classification shall be paid the higher rate for the time he is so engaged but
if he is so engaged for more than two hours of one day or shift he shall be paid
the higher rate for the whole day or
shift.
8.
-
HOURS
(1) (a) The
provisions of this subclause apply to all employees other than those engaged on
continuous shift
work.
(b) Subject
to the provisions of subclauses (3) and (4) 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 exceeding seven consecutive days;
or
(ii) 76
hours within a work cycle not exceeding fourteen consecutive days;
or
(iii) 114
hours within a work cycle not exceeding twenty-one consecutive days;
or
(iv) 152
hours within a work cycle not exceeding twenty-eight consecutive
days.
(v) For
the purposes of paragraph (g) of subclause (3) of this clause any other work
cycle during which a weekly average of 38 ordinary hours are worked as may be
agreed in accordance with paragraph (g) of subclause
(3).
(c) Subject
to the provisions of subparagraph (ii)
hereof:
(i) 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 6.30 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.
(ii) In
the case of employees in retail shops, the week's work may be performed in five
and one-half days between 8.00 am and 1.00 pm on the weekly half holiday and
between 6.00 am and 6.00 pm on the other days of the
week.
(d) Where
the first night shift in any week commences 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.
(e) The
ordinary hours of work shall not exceed 10 hours on any
day.
Provided
that in any arrangement of ordinary working hours where such ordinary hours are
to exceed 8 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.
(f) The
ordinary hours of work shall be consecutive except for a meal interval which
shall not exceed one hour,
and
(i) an
employee shall not be compelled to work for more than five hours without a meal
interval except where an alternative arrangement is entered into as a result of
discussions as provided for in subclause (4) of this
clause.
(ii) When
an employee is required for duty during the employee's usual meal interval and
the employee's meal interval is thereby postponed for more than half an hour,
the employee shall be paid at overtime rates until the employee gets the meal
interval.
(g) (i) 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.
(ii) 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.
(iii) Refreshments
may be taken by employees during the rest period but the period of seven minutes
shall not be exceeded under any
circumstances.
(iv) An
employer who satisfies the Commission that any employee has breached any
condition expressed or implied in this paragraph may be exempted from liability
to allow the rest
period.
(v) In
an establishment in which the majority of employees are not subject to this
award, the provisions of this paragraph do not apply but any employee to whom
this award applies shall be entitled to the rest period, if any, which may be
allowed to the aforesaid
majority
(h) (i) In
an establishment in which the majority of employees are not subject to this
award, the ordinary working hours of an employee who is employed on maintenance
work may be worked from Monday to Saturday noon, inclusive, but only if
-
(aa) the
employee is paid at the rate of time and one quarter for ordinary hours worked
on Saturdays up to 12.00
noon;
(bb) the
ordinary hours of the aforesaid majority may include work on Saturdays;
and
(cc) the
business of that establishment is carried on on
Saturdays.
(ii) Notwithstanding
the provisions of this award contained elsewhere than in this paragraph, when
New Year's Day, Anzac Day, Christmas Day or Boxing Day falls on a Saturday an
employee who does not work on that Saturday is nevertheless entitled to be paid
for each of the two weeks preceding that Saturday the ordinary weekly wage and
the starting and/or finishing time on any day or days in those two weeks may be
varied by the employer so that the ordinary hours usually worked by an employee
between Monday and Friday (both inclusive) may be increased in each of those
weeks by the ordinary hours usually worked by that employee on
Saturday.
This
paragraph does not apply to a casual
employee.
(i) In
the week commencing on the Monday immediately preceding Good Friday, the
ordinary working hours of any employee employed by an employer who is bound by
an Award applying to Shop Assistants in the area in which the business is
carried on, shall be increased on each of the days Monday to Thursday inclusive
by 1/5th of the ordinary hours usually worked by that employee on the Saturday
following Good
Friday.
(2) (a) The
provisions of this subclause apply only to employees engaged on continuous shift
work.
(b) Subject
to the provisions of subclause (3) and (4) of this clause the ordinary hours of
continuous shift employees shall average 38 per week (inclusive of crib time)
and shall not exceed 152 hours in twenty-eight 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 38 ordinary hours is
achieved over a period which exceeds 28 consecutive
days.
(c) The
ordinary hours of work prescribed herein shall not exceed 10 hours on any day.
Provided that in any arrangement of ordinary 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.
(3) (a) Except
as provided in paragraph (d) of this subclause the method of implementation of
the 38 hour week may be any one of the
following:
(i) by
employees working less than 8 ordinary hours each day;
or
(ii) by
employees working less than 8 ordinary hours on one or more days each week;
or
(iii) by
fixing one day of ordinary working hours on which all employees will be off duty
during a particular work cycle;
or
(iv) by
rostering employees off duty on various 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.
(v) Except
in the case of continuous shift employees where the ordinary hours of work are
worked within an arrangement as provided in subparagraphs (iii) or (iv) of this
paragraph, any day off duty shall be arranged so that it does not coincide with
a holiday prescribed in subclause (1) of Clause 10. - Holidays and Annual Leave
of this
Award.
(b) 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 objective being to reach agreement on the method of
implementation prior to November 1,
1988.
(c) In
the absence of an agreement at plant level, the procedure for resolving special,
anomalous or extraordinary problems shall be as
follows:
(i) Consultation
shall take place within the particular establishment
concerned.
(ii) If
it is unable to be resolved at establishment level, the matter shall be referred
to the State Secretary of the union concerned or Assistant Secretary, at which
level a conference of the parties shall be convened without
delay.
(iii) In
the absence of agreement either party may refer the matter to the Western
Australian Industrial Relations
Commission.
(d) Different
methods of implementation of a 38 hour week may apply to various groups or
sections of employees in the plant or establishment
concerned.
(e) Notice
of Days Off
Duty
Except
as provided in paragraphs (f) and (g) of this subclause in cases where, by
virtue of the arrangement of ordinary hours an employee, in accordance with
subparagraphs (iii) and (iv) of paragraph (a) of this subclause, is entitled to
a day off duty during the work cycle, then such employee shall be advised by the
employer at least four weeks in advance of the day to be taken off duty provided
that a lesser period of notice may be agreed by the employer and the majority of
employees in the plant or section or sections
concerned.
(f) (i) An
employer, with the agreement of the majority of employees concerned, may
substitute the day an employee is to take off in accordance with subparagraphs
(iii) and (iv) of paragraph (a) subclause (3) 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.
(ii) An
employer and employee may by agreement substitute the day the employee is to
take off for another
day.
(g) Flexibility
in relation to rostered days
off
Notwithstanding
any other provision in this clause, where the hours of work of an establishment,
plant or section are organised in accordance with subparagraphs (iii) and (iv)
of paragraph (a) of subclause (3) having an employer, the union or unions
concerned and the majority of employees in the establishment, plant, section or
sections concerned may agree to accrue up to a maximum of five (5) rostered days
off in special circumstances such as where there are regular and substantial
fluctuations in production requirements in any
year.
Where
such agreement has been reached the accrued rostered days off must be taken
within 12 months from the date of agreement and each 12 months
thereafter.
It
is understood between the parties that the involvement of the union or unions
concerned would be necessary in cases where it or they have members in the
plants concerned and not in non-union
establishments.
(4) (a) Procedures
shall be established for in-plant discussions, the objective being to agree on
the method of implementing a 38-hour week in accordance with Clause 8. - Hours
and shall entail an objective review of current practices to establish where
improvements can be made and
implemented.
(b) The
procedures should allow for in-plant discussions to continue even though all
matters may not be resolved by November 1,
1988.
(c) 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.
(d) The
procedures should allow for the monitoring of agreements and understandings
reached
in-plant.
(e) In
cases where agreement cannot be reached in-plant in the first instance or where
problems arise after initial agreements or understandings 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 paragraph (c) of subclause (3) of this
clause.
9.
-
OVERTIME
(1) (a) The
provisions of this subclause apply to all employees other than those engaged on
continuous shift
work.
(b) Subject
to the provisions of this subclause, 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.
For
the purposes of this subclause, ordinary hours shall mean the hours of work
fixed in an establishment in accordance with Clause 8. -
Hours.
(c) (i) Work
done on Saturdays after 12.00 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 a
half.
(d) Work
done on Saturdays prior to 12.00 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 (d) or (h) of subclause (1) of
Clause 8. - Hours
applies.
(e) 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.
(b) Subject
to the provisions of paragraph (c) 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, except where an employee is
called upon to work a sixth shift in not more than one week in any four weeks,
when the employee shall be paid for such shift at time and a half for the first
four 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 subclauses (3) and (4) of Clause 8.
-
Hours.
(c) 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 employee 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) Except
in the case of shifts to which Clause 3. - Shift Work in PART II - CONSTRUCTION
WORK of this award applies 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
arranged that an employee has at least ten consecutive hours off duty between
the work of successive
days.
(ii) An
employee (other than a casual employee) who works so much overtime between the
termination of the employee's ordinary work on one day and the commencement of
the employee's ordinary work on the next day that the employee has not had at
least ten consecutive hours off duty between those times shall, subject to this
paragraph, be released after completion of such overtime until the employee has
had ten consecutive hours off duty without loss of pay for ordinary working time
occurring during such
absence.
(iii) If,
on the instructions of the employer, such an employee resumes or continues work
without having had such ten consecutive hours off duty, the employee shall be
paid at double rates until released from duty and shall then be entitled to be
absent for such period of ten 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 continuous
shift work) is called into work on a Sunday or holiday prescribed under this
award preceding an ordinary working day, the employee shall, wherever reasonably
practicable, be given ten consecutive hours off duty before the employee's usual
starting time on the next day. If this is not practicable, then the provisions
of sub-paragraphs (ii) and (iii) of this paragraph shall 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 ten
hours when overtime is
worked-
(aa) for
the purpose of changing shift rosters;
or
(bb) where
a shift employee does not report for duty;
or
(cc) where
a shift is worked by arrangement between the employees
themselves.
(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) the
employee shall be paid for at least three hours at overtime
rates:
(ii) time
reasonably spent in getting to and from work shall be counted as time
worked.
(e) When
an employee is instructed by the employer to hold in readiness at the employee's
place of residence or other agreed place of residence for a call to work after
ordinary hours, the employee shall be paid at ordinary rates for the time the
employee so holds in
readiness.
(f) Subject
to the provisions of paragraph (g) 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 $9.40 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 each such meal by the employer or be paid $6.35 for each meal so
required.
(g) The
provisions of paragraph (f) of this subclause do not
apply:
(i) in
respect of any period of overtime for which the employee has been notified of
the requirement on the previous day or
earlier.
(ii) to
any employee who lives in the locality in which the place of work is situated in
respect of any meal for which the employee can reasonably go
home.
(h) If
an employee to whom sub-paragraph (i) of paragraph (g) of this subclause applies
has, as a consequence of the notification referred to in that paragraph,
provided a meal or meals and is not required to work overtime or is required to
work less overtime than the period notified, the employee shall be paid, for
each meal provided and not required, the appropriate amount prescribed in
paragraph (f) of this
subclause.
(i) (i) An
employer may require any employee to work reasonable overtime at overtime rates
and such employee shall work overtime in accordance with such
requirement.
The
assignment of overtime by an employer to an employee shall be based on specific
work requirements and the practice of "one in, all in" overtime shall not
apply.
(ii) No
union or association party to this award, or employee or employees covered by
this award, shall in any way, whether directly or indirectly, 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.
(4) 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 prescribed under this
award, for any work except and to the extent that the provisions of Clause 20. -
Special Provisions of this award apply to that
work.
10.
- HOLIDAYS AND ANNUAL
LEAVE
(1) (a) The
following days or the days observed in lieu shall, subject to this subclause and
to paragraph (c) of subclause (l) of Clause 9. - Overtime of this award, 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.
Provided
further that for an employee employed north of the 26th parallel of south
latitude or within the area previously covered by Award No. 26 of l950,
Australia Day, Easter Monday, Foundation Day, Sovereign's Birthday and Boxing
Day shall not be holidays but in lieu thereof there shall be added one week to
the annual leave to which the employee is entitled under this
clause.
(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 on 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 holiday under this award, the employer's
establishment or place of business may be closed, in which case an employee need
not present for duty and payment may be deducted, but if work be done, ordinary
rates of pay shall
apply.
(3) (a) Except
as hereinafter provided a period of four consecutive weeks leave with payment as
prescribed in paragraph (b) hereof shall be allowed annually to an employee by
the employer after a period of twelve months continuous service with that
employer.
(b) (i) An
employee before going on leave shall be paid the wages the employee would have
received in respect of the ordinary time the employee would have worked had the
employee not been on leave during the relevant
period.
(ii) Subject
to paragraph (c) hereof an employee 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 the employee as prescribed in Clause 33. - Wages of PART I -
GENERAL or Clause 10. - Wages of PART II - CONSTRUCTION WORK of this award and
the rates prescribed by subclause (8) of Clause 20. - Special Provisions and
Clause 24. - Location Allowances of this award
and;
(bb) Subject
to paragraph (c) (ii) hereof the rate prescribed for work in ordinary time by
Clause 27. - Shift Work of the award according to the employee's roster or
projected roster including Saturday and Sunday
shifts;
(cc) The
rate payable pursuant to Clause 7. - Higher Duties calculated on a daily basis,
which the employee would have received for ordinary time during the relevant
period whether on a shift roster or
otherwise;
(dd) Any
other rate to which the employee is entitled in accordance with the contract of
employment for ordinary hours of work; provided that this provision shall not
operate so as to include any payment which is of a similar nature to or is paid
for the same reasons as or is paid in lieu of those payments prescribed by
Clause 9. - Overtime, Clause 20. - Special Provisions (Clause 5. - Special Rates
and Provisions in PART II - CONSTRUCTION WORK), Clause 13. - Car Allowance,
Clause 14. - Fares and Travelling Time (Clause 6. - Allowance for Travelling and
Employment in Construction Work in PART II - CONSTRUCTION WORK) or Clause 15. -
Distant Work (Clause 7 - Distant Work in PART II - CONSTRUCTION WORK) of this
award, nor any payment which might have become payable to the employee as
reimbursement for expenses
incurred.
(c) In
addition to the payment prescribed in paragraph (b) 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
Employees - An employee who would have worked on day work had the employee not
been on leave - a loading of 17.1/2 per
cent.
(ii) Shift
Employees - An employee who would have worked on shift work had the employee not
been on leave - a loading of l7.1/2 per cent. Provided that where the employee
would have received shift loadings prescribed by Clause 27. - Shift Work and, if
applicable, payment for work on a regularly rostered sixth shift in not more
than one week in any four weeks had the employee not been on leave during the
relevant period and such loadings and payment would have entitled the employee
to a greater amount than the loading of l7.1/2 per cent, then the shift loadings
and, if applicable, the payment for the said regularly rostered sixth shift
shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) hereof
in lieu of the l7.1/2 per cent loading. Provided further, that if the shift
loadings and, if applicable, the payment for the said regularly rostered sixth
shift would have entitled the employee to a lesser amount than the loading of
l7.1/2 per cent then such loading of l7.1/2 per cent shall be added to the rate
of wage prescribed by paragraph (b) but not including paragraph (b) (ii) (bb)
hereof in lieu of the shift loadings and the said
payment.
Except
as provided in subclause (6) of this clause and Clause 8.- Annual Leave Loading
of PART II - CONSTRUCTION WORK of this award, the loading prescribed by this
paragraph shall not apply to proportionate leave on
termination.
(4) (a) A
seven day shift employee, i.e. a shift employee who is rostered to work
regularly on Sundays and holidays shall be allowed one week's leave in addition
to the leave to which the employee is otherwise entitled under this
clause.
(b) Where
an employee with l2 months' continuous service is engaged for part of a
qualifying twelve-monthly period as a seven day shift employee, the employee
shall be entitled to have the period of annual leave to which the employee is
otherwise entitled under this clause increased by one twelfth of a week for each
completed month the employee is continuously so
engaged.
(5) If
any award holiday falls within a 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 there shall be added to that period one day being an ordinary
working day for each such holiday observed as
aforesaid.
(6) (a) An
employee whose employment terminates after the employee has completed a twelve
monthly qualifying period and who has not been allowed the leave prescribed
under this clause in respect of that qualifying period shall be given payment as
prescribed in paragraphs (b) and (c) of subclause (3) of this clause in lieu of
that leave or, in a case to which subclauses (9), (10) or (11) of this clause
applies, in lieu of so much of that leave as has not been allowed unless
-
(i) the
employee has been justifiably dismissed for misconduct;
and
(ii) the
misconduct for which the employee has been dismissed occurred prior to the
completion of that qualifying
period.
(b) If,
after one month's continuous service in any qualifying twelve monthly period an
employee lawfully leaves the employment or the employment is terminated by the
employer through no fault of the employee, the employee shall be paid 2.923
hours pay at the rate of wage prescribed by paragraph (b) of subclause (3) of
this clause, divided by thirty-eight, in respect of each completed week of
continuous
service.
(7) Any
time in respect of which an employee is absent from work except time for which
the employee 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
the employee's right to annual
leave.
(8) In
the event of an employee being employed by an employer for portion only of a
year, the employee shall only be entitled, subject to subclause (6) of this
clause, to such leave on full pay as is proportionate to the employee's length
of service during that period with such employer, and if such leave is not equal
to the leave given to the other employees the employee shall not be entitled to
work or pay whilst the other employees of such employer are on leave on full
pay.
(9) 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 an 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.
Provided
further that an employee may, with the consent of his/her employer, take short
term annual leave not exceeding five days in any calendar year, at a time or
times separate from any periods determined in accordance with this subclause.
The employer will endeavour to meet such requests for short term leave wherever
possible.
(l0) Where
an employer closes down the business, or a section or sections thereof, for the
purposes of allowing annual leave to all or the bulk of the employees in the
business, or section or sections concerned, the following provisions shall
apply:-
(a) The
employer may by giving not less than one month's notice of the intention so to
do, stand off for the duration of the close down all employees in the business
or section or sections
concerned.
(b) An
employer may close down the business for one or two separate periods for the
purpose of granting annual leave in accordance with this subclause. If the
employer closes down the 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 the 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.
(ll) (a) An
employer may close down the 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.
Provided
that by agreement with the majority of employees an employer may close down the
plant for a period of at least 14 consecutive days including non-working days
and grant the balance of the annual leave due to an employee by mutual
arrangement.
(b) An
employer may close down the 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 accordance 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 respectively
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
details of the annual leave
roster.
(l2) The
provisions of this clause shall not apply to casual
employees.
The
rates of pay in this award include arbitrated safety net adjustments available
since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent
amount in the rate of pay received by employees since 1 November 1991 above the
rate prescribed in the Award, except where such absorption is contrary to the
terms of an industrial agreement. Increases in rates of pay otherwise made
under the State Wage Case Principles, excepting those resulting from enterprise
agreements, are not to be used to offset arbitrated safety net
adjustments.
11.
- SICK
LEAVE
(1) (a) An
employee who is unable to attend or remain at the 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 accordance with the provisions of
this
clause.
(i) Employee
who actually works 38 ordinary hours each
week
An
employee whose ordinary hours of work are arranged in accordance with
subparagraph (i) or (ii) of paragraph (a) of subclause (3) of Clause 8. - Hours
so that he actually works 38 ordinary hours each week shall be entitled to
payment during 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
subparagraph (iii) or (iv) of paragraph (a) of subclause (3) of Clause 8. -
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
|
X
|
appropriate
weekly rate
|
ordinary
hours normally worked that day
|
|
5
|
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
subparagraphs (iii) or (iv) of paragraph (a) of subclause (3) of Clause 8. -
Hours.
(b) Notwithstanding
the provisions of paragraph (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 one-sixth 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 ten 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 illness 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 commencement 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 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.
(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 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 consecutive 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
sub- clause (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 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 accordance with the provisions of Clause 10. - 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 10. - 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 employee's
service has been deemed continuous in accordance with subclause (3) of clause 2
of the Long Service Leave provisions published in volume 68 of the Western
Australian Industrial Gazette at pages 1-4, the paid sick leave standing to the
credit of the employee at the date of transmission from service with the
transmittor shall stand to the credit of the employee at the commencement of
service with the transmittee and may be claimed in accordance with the
provisions 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' Compensation Act nor to employees
whose injury or illness is the result of the employee's own
misconduct.
(8) The
provisions of this clause do not apply to casual
employees.
12.
- BEREAVEMENT
LEAVE
(l) An
employee, other than a casual employee, 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 employee in two ordinary working days. Proof of
such death shall be furnished by the employee to the satisfaction of the
employer.
(2) Payment
in respect of compassionate leave is to be made only where the employee
otherwise would have been on duty and shall not be granted in any case where the
employee 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 public
holiday.
(3) For
the purposes of this clause the pay of an employee employed on shift work shall
be deemed to include any usual shift
allowance.
13.
- CAR
ALLOWANCE
(1) 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 not less than that provided
for in the table set out hereunder. Notwithstanding anything contained in this
subclause the employer and the employee may make any other arrangement as to car
allowance not less favourable to the
employee.
(2) Where
an employee 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 separate areas
traversed.
(3) A
year for the purpose of this Clause shall commence on 1 July and end on 30 June
next following.
RATES
OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLE ON EMPLOYER'S BUSINESS
|
|||
|
|
||
MOTOR
CAR
|
|
||
|
|
||
AREA
AND DETAILS
|
ENGINE
DISPLACEMENT
|
||
|
(IN
CUBIC CENTIMETRES)
|
||
|
|
|
|
Rate
per kilometre (cents)
|
Over
2600cc
|
1600cc-2600cc
|
1600cc
& Under
|
|
|
|
|
Metropolitan
Area
|
68.5
|
61.2
|
53.2
|
South
West Land Division
|
70.0
|
62.6
|
54.6
|
North
of 23.5o South Latitude
|
76.8
|
69.1
|
60.2
|
Rest
of the State
|
72.1
|
64.8
|
56.2
|
|
|
||
MOTOR
CYCLE (IN ALL AREAS)
|
23.4
cents per kilometre
|
(4) "Metropolitan
Area" means that area within a radius of fifty kilometres from the Perth Railway
Station.
"South
West Land Division" means the South West Land Division as defined by Section 28
of the Land Act l933-1971 excluding the area contained within the Metropolitan
Area.
14.
- FARES AND TRAVELLING
TIME
(1) (a) An
employee, who, on any day, or from day to day is required to work at a job away
from the accustomed workshop or depot shall, at the direction of the employer,
present for work at such job at the usual starting
time.
(b) An
employee to whom paragraph (a) of this subclause applies shall be paid at
ordinary rates for time spent in travelling between the employee's home and the
job and shall be reimbursed for any fares incurred in such travelling, but only
to the extent that the time so spent and the fares so incurred exceed the time
normally spent and the fares normally incurred in travelling between the
employee's home and the accustomed workshop or
depot.
(c) An
employee who with the approval of the employer uses a personal means of
transport for travelling to or from outside jobs shall be paid the amount of
excess fares and travelling time which the employee would have incurred in using
public transport unless the employee has an arrangement with the employer for a
regular
allowance.
(2) For
travelling during working hours from and to the employer's place of business or
from one job to another, an employee shall be paid by the employer at ordinary
rates. The employer shall pay all fares and reasonable expenses in connection
with such
travelling.
15.
- DISTANT
WORK
(1) Where
an employee is directed by the employer to proceed to work at such a distance
that the employee cannot return home each night and the employee does so, the
employer shall provide the employee with suitable board and lodging or shall pay
the expenses reasonably incurred by the employee for board and
lodging.
(2) The
provisions of subclause (l) of this clause do not apply with respect to any
period during which the employee is absent from work without reasonable excuse
and in such a case, where the board and lodging is supplied by the employer, the
employer may deduct from moneys owing or which may become owing to the employee
an amount equivalent to the value of that board and lodging for the period of
the
absence.
(3) (a) The
employer shall pay all reasonable expenses including fares, transport of tools,
meals and, if necessary, suitable overnight accommodation incurred by an
employee who is directed by the employer to proceed to work pursuant to
subclause (1) of this clause and who complies with such
direction.
(b) The
employee shall be paid at ordinary rate of pay for the time up to a maximum of
eight hours in any one day incurred in travelling pursuant to the employer's
direction.
(4) An
employee, to whom the provisions of subclause (1) of this Clause apply, shall be
paid an allowance of $28.90 for any weekend that the employee returns home from
the job, but only if
-
(a) The
employee advises the employer or the employer's agent of the employee's
intention no later than Tuesday immediately preceding the weekend in which the
employee so
returns;
(b) The
employee is not required for work during that
weekend;
(c) The
employee returns to the job on the first working day following the weekend;
and
(d) The
employer does not provide, or offer to provide, suitable
transport.
(5) Where
an employee, supplied with board and lodging by the employer, is required to
live more than 800 metres from the job the employee shall be provided with
suitable transport to and from that job or be paid an allowance of $12.65 per
day, provided that where the time actually spent in travelling either to or from
the job exceeds 20 minutes, that excess time shall be paid for at ordinary rates
whether or not suitable transport is supplied by the
employer.
16.
- PAYMENT OF
WAGES
(1) Each
employee shall be paid the appropriate rate shown in Clause 33. - Wages of PART
I - GENERAL or Clause 10. - Wages of PART II - CONSTRUCTION WORK 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 ordinary hours of work are arranged in accordance with
subparagraph (i) or (ii) of paragraph (a) of subclause (3) of Clause 8. - Hours
of this award so that the employee 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 arranged in accordance with subparagraph (iii) or (iv) of
paragraph (a) of subclause (3) of Clause 8. - Hours of this award, so that the
employee works an average of 38 ordinary hours each week during a particular
work cycle, wages shall be paid weekly or fortnightly according 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
the wage on the basis of an average of 38 ordinary hours so as to avoid
fluctuating wage payments each week. An explanation of the averaging system of
paying wages is set out
below:
(i) Clause
8. - Hours in subclause (3) paragraph (a) subparagraphs (iii) and (iv) provide
that in implementing a 38-hour week the ordinary hours of an employee may be
arranged so that the employee 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 implemented 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 consecutive weeks) the employee's ordinary hours were
arranged on the basis that for three of the four weeks the employee worked 40
ordinary hours each week and in the fourth week worked 32 ordinary hours. That
is, the employee would work for 8 ordinary 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 a 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 33. - Wages of PART I -
GENERAL or Clause 10. - Wages of PART II - CONSTRUCTION WORK of this award, and
shall be paid each week even though more or less than 38 ordinary hours are
worked that
week.
In
effect, under the averaging system, the employee accrues a "credit" each day the
employee works actual ordinary hours in excess of the daily average which would
otherwise be 7 hours 36 minutes. This "credit" is carried forward so that in
the week of the cycle that the employee works on only four days, the actual pay
would be for an average of 38 ordinary hours even though, that week, the
employee works a total of 32 ordinary
hours.
Consequently,
for each day an employee works 8 ordinary hours the employee accrues a "credit"
of 24 minutes (0.4 hours). The maximum "credit" the employee may accrue under
this system is 0.4 hours on 19 days; that is, a total of 7 hours 36
minutes.
(iv) As
provided in subclause (3) of this clause, an employee will not accrue a "credit"
for each day the employee 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 subparagraph (iii)
or (iv) of paragraph (a) of subclause (3) of Clause 8. - Hours of this award 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 the employee is so absent, lose average
pay for that day calculated by dividing the employee's 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 the employee is absent by dividing the employee's average daily pay
rate by
8.
(b) Provided
when such an employee is absent from duty for a whole day the employee will not
accrue a "credit" because the employee would not have worked ordinary hours that
day in excess of 7 hours 36 minutes for which the employee would otherwise have
been paid. Consequently,during the week of the work cycle the employee is to
work less than 38 ordinary hours the employee 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" the employee does not accrue for each whole day during the work
cycle the employee is
absent.
The
amount by which an employee's average weekly pay will be reduced when the
employee 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) 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 arranged so that the employee works 8 ordinary
hours on five days of each week for 3 weeks and 8 ordinary hours on four days of
the fourth
week).
1 Employee
takes one day off without authorisation in first week of cycle.
Week
of Cycle
|
|
Payment
|
|
|
|
|
|
1st
week
|
=
|
average
weekly pay less one day's pay (i.e. 1/5th)
|
|
|
|
|
|
2nd
and 3rd weeks
|
=
|
average
weekly pay 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 4 days off without authorisation in the 4th
week.
Week
of Cycle
|
|
Payment
|
|
|
|
|
|
1st,
2nd and 3rd weeks
|
=
|
average
pay each week
|
|
|
|
|
|
4th
week
|
=
|
average
pay less 4/5ths of average pay for the four days absent less total of credits
not accrued that week
|
|
|
|
|
|
|
=
|
1/5th
average pay less
|
4
x 0.4 hours x average weekly pay
|
|
|
|
38
|
|
|
|
|
|
=
|
1/5th
average pay less
|
1.6
hours x average weekly pay
|
|
|
|
38
|
(4) Alternative
Method of
Payment:
An
alternative method of paying wages to that prescribed 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 arrangement of the employee's 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 or Electronic Fund
Transfer:
Where
an employee and the employer agree, the employee's wages may be paid by cheque
or direct transfer into the employee's bank (or other recognised financial
institution) account. Notwithstanding this provision, if the employer and the
majority of employees agree, all employees may be paid their wages by cheque or
direct transfer into an employee's bank (or other recognised financial
institution)
account.
(7) Termination
of
Employment:
An
employee who lawfully leaves the employment or is dismissed for reasons other
than misconduct shall be paid all monies due at the termination of service with
the
employer.
Provided
that in the case of an employee whose ordinary hours are arranged in accordance
with subparagraph (iii) or (iv) of paragraph (a) of subclause (3) of Clause 8. -
Hours of this award and who is paid average pay and who has not taken the day
off due to the employee during the work cycle in which the 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 following
paragraph (b) of subclause (2) of this
clause.
Provided
further, where the employee has taken a day off during the work cycle in which
the 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 the employer to state in writing with respect to each
week's wages the amount of wages to which the employee is entitled, the amount
of deductions made therefrom, the net amount being paid, 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 provided in subclause (3) of this clause the ordinary rate per hour shall be
calculated by dividing the appropriate weekly rate by
38.
17.
- TIME AND WAGES
RECORD
(1) Each
employer shall keep a time and wages record showing the name and address of each
employee and 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 inspection by a duly accredited official
of the union, during the usual office hours, at the employer's office or other
convenient place and the official shall be allowed to take extracts therefrom.
Before exercising a power of inspection the representative shall give reasonable
notice of not less than 24 hours to the employer. 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 twelve hours either
at the employer's office or at the
works.
18.
- POSTING OF AWARD AND UNION
NOTICES
The
employer shall keep a copy of this award in a convenient place in the workshop
and the employer shall also provide a notice board for the posting of union
notices.
19.
- BOARD OF
REFERENCE
(1) There
shall be a Board of Reference consisting of a Chairman and an equal number of
employers' and employees' members who shall be appointed pursuant to section 48
of the Industrial Relations Act 1979 and regulation 16 of the Industrial
Commission Regulations
1980.
(2) The
Board of Reference may allow, approve, fix, determine, or deal with
-
(a) any
matter or thing that, under the award, may require to be allowed, approved,
fixed, determined or dealt with by a Board of Reference;
and
(b) any
matter or thing arising under or out of the provisions of an award, not
involving the interpretation of any such provision, which the Commission may at
any time, by order, authorise a Board of Reference to allow, approve, fix,
determine or deal
with,
in the
manner and subject to the conditions specified in the award or order, as the
case may
be.
20.
- SPECIAL
PROVISIONS
(1) Dirt
Money: An employee shall be paid an allowance of 44 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 55 cents per hour when, because
of the dimensions of the compartment or space in which they are working, the
employee is required to work in a stooped or otherwise cramped position or
without proper
ventilation.
(3) HotWork:
An employee shall be paid an allowance of 44 cents per hour when working in the
shade in any place where the temperature is raised by artificial means to be
between 46.1 and 54.4 degrees
celsius.
(4) Height
Money: An employee shall be paid an allowance of $2.15 for each day on which the
employee works at a height of 15.5 metres or more above the nearest horizontal
plane.
(5) (a) Where,
in the opinion of the Board of Reference the conditions under which work is to
be performed are, by reason of excessive heat, exceptionally oppressive, the
Board
may:
(i) Fix
an allowance, or allowances, not exceeding the equivalent of half the ordinary
rate;
(ii) Fix
the period (including a minimum period) during which any allowance so fixed is
to be paid;
and
(iii) Prescribe
such other conditions, relating to the provision of protective clothing or
equipment and the granting of rest periods, as the Board sees
fit.
(b) The
provisions of paragraph (a) of this subclause do not apply unless the
temperature in the shade at the place of work has been raised by artificial
means beyond 54.4 degrees
celsius.
(c) An
allowance fixed pursuant to paragraph (a) of this subclause includes any other
allowance which would otherwise be payable under this
clause.
(6) Diesel
Engine Ships: The provisions of subclauses (1) and (2) hereof do not apply to an
employee when the employee is engaged on work below the floor plates in diesel
engine ships, but the employee shall be paid an allowance of 74 cents per hour
whilst so
engaged.
(7) Percussion
Tools: An employee shall be paid an allowance of 28 cents per hour when working
pneumatic riveter of the percussion type and other pneumatic tools of the
percussion
type.
(8) Chemical,
Artificial Manure and Cement Works: An employee, other than a general labourer,
in chemical, artificial manure and cement works, in respect of all work done in
and around the plant outside the machine shop, shall be paid an allowance
calculated at the rate of $11.20 per week. The allowance shall be paid during
overtime but shall not be subject to penalty additions. An employee receiving
this allowance is not entitled to any other allowance under this
clause.
(9) An
employee who is sent to work on any gold mine shall be paid an allowance of such
amount as will afford the employee a wage not less than the employee would be
entitled to receive pursuant to the award which would apply if the employee was
employed by the gold mine
concerned.
(10) An
employee who is required to work from a ladder shall be provided with an
assistant on the ground where it is reasonably necessary for the employee's
safety.
(11) Special
Rates Not Cumulative: Where more than one of the disabilities entitling an
employee to extra rates exist on the same job, the employer shall be bound to
pay only one rate, namely - the highest for the disabilities so prevailing.
Provided that this subclause shall not apply to Confined Space, Dirt Money,
Height Money or Hot Work, the rates for which are
cumulative.
(12) Protective
Equipment:
(a) An
employer shall have available a sufficient supply of protective equipment (as
for example, goggles (including anti-flash goggles), glasses, gloves, mitts,
aprons, sleeves, leggings, gumboots, ear protectors, helmets or other efficient
substitutes thereof) for use by his employees when engaged on work for which
some protective equipment is reasonably
necessary.
(b) An
employee shall sign an acknowledgment when issued with 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) An
employee to whom an article of protective equipment has been issued shall not
lend that article to another employee and if he does both he and that other
employee shall be deemed guilty of wilful
misconduct.
(d) An
article of protective equipment which has been used by an employee shall not be
issued by the employer to another employee until it has been effectively
sterilised but this paragraph only applies where sterilisation of the article is
practicable and is reasonably
necessary.
(e) Adequate
safety gear (including insulating gloves, mats, and/or shields where necessary)
shall be provided by employers for employees required to work on live electrical
equipment.
(13) (a) The
employer shall, when practicable, provide a waterproof and secure place, on each
job, for the safe-keeping of an employee's tools when not in
use.
(b) The
employer shall indemnify an employee in respect of any tools of the employee
stolen, if the employer's failure to comply with this subclause is a material
factor in contributing to the stealing of the
tools.
(14) An
employee holding either a Third Year First Aid Medallion of the St. John
Ambulance Association of a "C" standard Senior First Aid Certificate of the
Australian Red Cross Society, appointed by the employer to perform first aid
duties shall be paid $8.70 per week in addition to their ordinary
rate.
(15) Where
an employee is required to carry out soldering or similar work, the employer
shall be responsible to ensure that the work place is well
ventilated.
(16) Where
an employee is required to carry out intricate or finite work the employer shall
be responsible to ensure that the work place has sufficient lighting and the
necessary equipment to assist viewing of the
work.
(17) No
employee shall be requested or compelled to lift an object of more than 30kg
without assistance being
rendered.
21.
-
APPRENTICES
Apprentices
may be taken in the ratio of one apprentice for every two or fraction of two
(the fraction being not less than one) service people and technicians and shall
not be taken in excess of that ratio unless
-
(a) the
union concerned so agrees;
or
(b) the
Commission so
determines.
22.
- JUNIOR
EMPLOYEES
(1) Unapprenticed
juniors may be employed in the ratio of one junior to every adult employee in
all occupations for which an apprenticeship is not
provided.
(2) Junior
employees, upon being engaged, shall, if required, furnish the employer with a
statement containing the following particulars
-
(a) Name
in
full;
(b) Age
and date of
birth;
(c) Name
of each previous employer and length of service with such
employer;
(d) Class
of work performed for each previous
employer.
Such
of the foregoing particulars as are within the knowledge of an employer shall be
endorsed on the statement and signed by the employer, upon request of the
employee.
(3) No
employee shall have any claim upon an employer for additional pay, in the event
of the age or length of service of the employee being wrongly stated on the
statement. If any junior employee shall wilfully mis-state his age in the above
statement he shall be guilty of a breach of this
award.
23.
- UNDER-RATE
EMPLOYEES
(1) Any
employee 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 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
employee shall be entitled to work for and be employed at the proposed lesser
rate.
24.
- LOCATION
ALLOWANCE
(1) Subject
to the provisions of this clause, in addition to the rates prescribed in the
wages clause of this award, an employee shall be paid the following weekly
allowances when employed in the towns prescribed hereunder. Provided that where
the wages are prescribed as fortnightly rates of pay, these allowances shall be
shown as fortnightly allowances.
TOWN
|
PER
WEEK
|
|
|
Agnew
|
$17.30
|
Argyle
|
$45.60
|
Balladonia
|
$17.40
|
Barrow
Island
|
$29.70
|
Boulder
|
$7.20
|
Broome
|
$27.70
|
Bullfinch
|
$8.20
|
Carnarvon
|
$14.20
|
Cockatoo
Island
|
$30.40
|
Coolgardie
|
$7.20
|
Cue
|
$17.70
|
Dampier
|
$24.00
|
Denham
|
$14.20
|
Derby
|
$28.80
|
Esperance
|
$5.20
|
Eucla
|
$19.40
|
Exmouth
|
$25.00
|
Fitzroy
Crossing
|
$34.80
|
Goldsworthy
|
$15.40
|
Halls
Creek
|
$39.90
|
Kalbarri
|
$6.00
|
Kalgoorlie
|
$7.20
|
Kambalda
|
$7.20
|
Karratha
|
$28.60
|
Koolan
Island
|
$30.40
|
Koolyanobbing
|
$8.20
|
Kununurra
|
$45.60
|
Laverton
|
$17.60
|
Learmonth
|
$25.00
|
Leinster
|
$17.30
|
Leonora
|
$17.60
|
Madura
|
$18.40
|
Marble
Bar
|
$43.80
|
Meekatharra
|
$15.20
|
Mount
Magnet
|
$19.00
|
Mundrabilla
|
$18.90
|
Newman
|
$16.60
|
Norseman
|
$14.90
|
Nullagine
|
$43.70
|
Onslow
|
$29.70
|
Pannawonica
|
$22.40
|
Paraburdoo
|
$22.30
|
Port
Hedland
|
$23.90
|
Ravensthorpe
|
$9.20
|
Roebourne
|
$32.90
|
Sandstone
|
$17.30
|
Shark
Bay
|
$14.20
|
Shay
Gap
|
$15.40
|
Southern
Cross
|
$8.20
|
Telfer
|
$40.50
|
Teutonic
Bore
|
$17.30
|
Tom
Price
|
$22.30
|
Whim
Creek
|
$28.40
|
Wickham
|
$27.60
|
Wiluna
|
$17.60
|
Wittenoom
|
$38.70
|
Wyndham
|
$42.90
|
(2) Except
as provided in subclause (3) of this clause, an employee who
has:
(a) a
dependant shall be paid double the allowance prescribed in subclause (1) of this
clause;
(b) a
partial dependant shall be paid the allowance prescribed in subclause (1) of
this clause plus the difference between that rate and the amount such partial
dependant is receiving by way of a district or location
allowance.
(3) Where
an
employee:
(a) is
provided with board and lodging by his/her employer, free of charge;
or
(b) is
provided with an allowance in lieu of board and lodging by virtue of the award
or an order or agreement made pursuant to the
Act;
such
employee shall be paid 662/3 per cent of the allowances prescribed in subclause
(1) of this
clause.
(4) Subject
to subclause (2) of this clause, junior employees, casual employees, part time
employees, 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.
(5) Where
an employee is on annual leave or receives payment in lieu of annual leave
he/she shall be paid for the period of such leave the location allowance to
which he/she would ordinarily be
entitled.
(6) Where
an employee is on long service leave or other approved leave with pay (other
than annual leave) he/she shall only be paid location allowance for the period
of such leave he/she remains in the location in which he/she is
employed.
(7) For
the purposes of this
clause:
(a) "Dependant"
shall mean
-
(i) a
spouse or defacto partner;
or
(ii) a
child where there is no spouse or defacto
partner;
who
does not receive a location allowance or who, if in receipt of a salary or wage
package, receives no consideration for which the location allowance is payable
pursuant to the provisions of this
clause.
(b) "Partial
Dependant" shall mean a "dependant" as prescribed in paragraph (a) of this
subclause who receives a location allowance which is less than the location
allowance prescribed in subclause (1) of this clause or who, if in receipt of a
salary or wage package, receives less than a full consideration for which the
location allowance is payable pursuant to the provisions of this
clause.
(8) Where
an employee is employed in a town or location not specified in this clause the
allowance payable for the purpose of subclause (1) of this clause shall be such
amount as may be agreed between Australian Mines and Metals Association, the
Chamber of Commerce and Industry of Western Australia and the Trades and Labor
Council of Western Australia or, failing such agreement, as may be determined by
the
Commission.
(9) Subject
to the making of a General Order pursuant to s.50 of the Act, that part of each
location allowance 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
accordance 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 ten
cents.
25.
- LONG SERVICE
LEAVE
The
Long Service Leave provisions set out in Volume 68 of the Western Australian
Industrial Gazette at pages 1-4, both inclusive, are hereby incorporated in and
form part of this
award.
26.
- REPRESENTATIVE INTERVIEWING
EMPLOYEES
Consistent
with the terms of the Labour Relations Legislation Amendment Act 1997 and
S.23(3)(c)(iii) of the Industrial Relations Act a representative of the Union
shall not exercise the rights under this clause with respect to entering any
part of the premises of an employer unless the employer is the employer, or
former employer, of a member of the
Union.
(1) On
notifying the employer or his representative an accredited representative of the
union shall be permitted to interview an employee during the recognised meal
hour 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 anticipated concerning any of the
provisions of this award, an accredited representative of the union, on
notifying the employer or his representative, shall be permitted to enter the
business premises of the employer or other premises where the employee is
employed to view the work the subject of any such disagreement but shall not
interfere in any way with the carrying out of such
work.
27.
- SHIFT
WORK
(1) The
provisions of this clause apply to shift work whether continuous or
otherwise.
(2) An
employer may work the 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 employees 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, for such shift
fifteen per cent more than his ordinary rate prescribed by this award. For the
purposes of this award any shift finishing after 6.30 p.m. shall be deemed an
afternoon
shift.
(6) (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
-
Saturday
|
- at
the rate of time and one half
|
Sunday
|
- at
the rate of time and three quarters
|
Holidays
|
- at
the rate of double time.
|
(b) These
rates shall be paid in lieu of the shift allowances prescribed in subclause (5)
of this
clause.
(7) A
continuous shift employee 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
annual leave or taken at some other time if the employee so
agrees.
28.
- STANDING DOWN OF
EMPLOYEES
(a) The
employer is entitled to deduct payment for any day upon which a worker
(including an apprentice) cannot be usefully employed because of a strike by any
of the unions party to this award, or by any other association of
union.
(b) The
provisions of paragraph (a) of this subclause also apply where the worker cannot
be usefully employed through any cause which the employer could not reasonably
have prevented 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
determines.
(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 duration of the stoppage and endeavours
made by the employer to repair the
breakdown.
29.
- 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 purposes 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 twelve 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.
(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 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 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 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 ground 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 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 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 entitled to any of the rights conferred by
this clause except where her employment continues beyond the twelve months
qualifying
period.
30.
- AVOIDANCE OF INDUSTRIAL
DISPUTE
(1) A
procedure for the avoidance of industrial disputes shall apply in establishments
covered by this
award.
The
objectives of the procedure shall be to promote the resolution of disputes by
measures based on consultation, co-operation and discussion; to reduce the level
of industrial confrontation; and to avoid interruption to the performance of
work and the consequential loss of production and
wages.
It is
acknowledged that in some companies or sectors of the industry, disputes
avoidance/settlement procedures are either now in place or in the process of
being negotiated and it may be the desire of the immediate parties concerned to
pursue those mutually agreed
procedures.
(2) In
other cases, the following principles shall
apply:
(a) Depending
on the issues involved, the size and function of the plant or enterprise and the
union membership of the employees concerned, a procedure involving up to four
stages of discussion shall apply. These
are:
(i) discussions
between the employee/s concerned (and shop steward if requested) and the
immediate
supervisors;
(ii) discussions
involving the employee/s concerned, the shop steward and the employer
representative;
(iii) discussions
involving representatives from the state branch of the union(s) concerned and
the employer
representatives;
(iv) discussions
involving senior union officials (state secretary) and the senior management
representative(s);
(v) There
shall be an opportunity for any party to raise the issue to a higher
stage.
(b) There
shall be a commitment by the parties to achieve adherence to this procedure.
This should be facilitated by the earliest possible advice by one party to the
other of any issue or problem which may give rise to a grievance or
dispute.
(c) Throughout
all stages of the procedure all relevant facts shall be clearly identified and
recorded.
(d) Sensible
time limits shall be allowed for the completion of the various stages of the
discussions. At least seven days should be allowed for all stages of the
discussions to be
finalised.
(e) Emphasis
shall be placed on a negotiated settlement. However, if the negotiation process
is exhausted without the dispute being resolved, the parties shall jointly or
individually refer the matter to the Western Australian Industrial Relations
Commission for assistance in resolving the
dispute.
(f) In
order to allow for the peaceful resolution of grievances the parties shall be
committed to avoid stoppages of work, lockouts or any other bans or limitation
on the performance of work while the procedures of negotiation and conciliation
are being
followed.
(g) The
employer shall ensure that all practices applied during the operation of the
procedure are in accordance with safe working practices and consistent with
established custom and practices at the
workplace.
31.
- PART-TIME
EMPLOYMENT
(1) A
part time employee may be engaged to work for a constant number of hours each
week which having regard to the various ways of arranging ordinary hours shall
average less than 38 hours per
week.
(2) An
employee so engaged shall be paid per hour one thirty-eighth of the weekly wage
prescribed for the classification in which the employee is
engaged.
(3) An
employee engaged on a part time basis shall be entitled in respect of annual
leave, holidays, sick leave and bereavement leave arising under this award
payment on a proportionate basis calculated as
follows:
(a) Annual
Leave
Where
a part time employee is entitled to a payment, either on termination or for the
purpose of annual leave or at a close down, for continuous service in any
qualifying twelve monthly period then the payment of 2.923 hours' pay prescribed
by paragraph (b) of subclause (6) of Clause 10. - Holidays and Annual Leave
shall be in respect of each cumulative period of 38 ordinary hours worked during
the qualifying
period.
(b) Holidays
A
part time employee shall be allowed the holidays prescribed by Clause 10. -
Holidays and Annual Leave without deduction of pay in respect of each holiday
which is observed on a day ordinarily worked by the part time
employee.
(c) Absence
Through
Sickness
Notwithstanding
the provisions of paragraph (a) of subclause (1) of Clause 11. - Sick Leave the
accrual of one-sixth of a week for each completed month of service shall be
calculated on the average number of ordinary hours worked each week for every
completed month of
service.
(d) Bereavement
Leave
Where
a part time employee would normally work on either or both of the two working
days following the death of a close relative which would entitle an employee on
weekly hiring to bereavement leave in accordance with Clause 12. - Bereavement
Leave of this award the employee shall be entitled to be absent on bereavement
leave on either or both of those two working days without loss of pay for the
day or days
concerned.
(e) Overtime
A
part time employee who works in excess of the hours fixed under the contract of
employment shall be paid overtime in accordance with Clause 9. - Overtime of
this
award.
32.
-
TRAINEES
NOTE: It
is the intention of the parties for the award to contain provisions which
regulate the employment conditions of
trainees.
Provisions
will be inserted into the award as soon as agreement is reached between the
parties.
33.
- WAGES
The
minimum rates of wages payable weekly to employees covered by this award shall
be as follows
-
(1) (a) Adults
|
Rate
Per Week
|
Arbitrated
Safety Net Adjustment
|
Total
Rate Per Week
|
|
|
|
|
Electronic
Technician (Grade III)
|
537.50
|
159.00
|
696.50
|
Electronic
Technician (Grade II)
|
463.30
|
159.00
|
622.30
|
Electronic
Technician (Grade I)
|
442.20
|
161.00
|
603.20
|
Electronic
Serviceperson
|
418.90
|
161.00
|
579.90
|
Installer
|
375.90
|
159.00
|
534.90
|
Serviceperson’s
Assistant
|
357.90
|
159.00
|
516.90
|
Assembler
(1)
|
352.60
|
159.00
|
511.60
|
Assembler
|
331.50
|
159.00
|
490.50
|
Trainee
Installer (90% of Installer)
|
338.30
|
143.10
|
481.40
|
(b) The
rates of pay in this award include arbitrated safety net adjustments available
since December 1993, under the Arbitrated Safety Net Adjustment
Principle.
These
arbitrated safety net adjustments may be offset against any equivalent amount in
the rate of pay received by employees since 1 November 1991 above the rate
prescribed in the Award, except where such absorption is contrary to the terms
of an industrial
agreement.
Increases
in rates of pay otherwise made under the State Wage Case Principles, excepting
those resulting from enterprise agreements, are not to be used to offset
arbitrated safety net
adjustments.
(2) Leading
Hands:
In
addition to the appropriate rate of wage 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 ten other
employees
|
$23.00
|
(b)
|
If
placed in charge of more than ten but not more than twenty other
employees
|
$35.00
|
(c)
|
If
placed in charge of more than twenty other employees
|
$45.20
|
(3) Apprentices:
(Wage
per week expressed as a percentage of the rate per week for an "Electronic
Serviceperson" set out in subclause (1) of this clause).
(a)
|
Four
Year Term -
|
%
|
|
First
Year
|
42
|
|
Second
Year
|
55
|
|
Third
Year
|
75
|
|
Fourth
Year
|
88
|
|
|
|
(b)
|
Three
and A Half-Year Term -
|
%
|
|
First
Six Months
|
42
|
|
Next
Year
|
55
|
|
Following
Year
|
75
|
|
Final
Year
|
88
|
|
|
|
(c)
|
Three
Year Term
|
%
|
|
First
Year
|
55
|
|
Second
Year
|
75
|
|
Third
Year
|
88
|
(4) (a) Junior
Employees
-
(Wage per
week expressed as a percentage of the "Assembler" rate as shown in subclause (1)
of this clause).
|
%
|
|
|
Under
16 years of age...........
|
35
|
Between
16 and 17 years of age...
|
45
|
Between
17 and 18 years of age...
|
55
|
Between
18 and 19 years of age...
|
65
|
Between
19 and 20 years of age...
|
78.5
|
Between
20 and 21 years of age...
|
93
|
(b) Junior
Employees -
Installers
(Wage
per week expressed as a percentage of the "Installer" rate as shown in subclause
(1) of this clause).
|
%
|
|
|
Under
17 years of age...........
|
45
|
Between
17 and 18 years of age...
|
55
|
Between
18 and 19 years of age...
|
65
|
Between
19 and 20 years of age...
|
75
|
Between
20 and 21 years of age...
|
90
|
(5) Tool
Allowance
(a) Where
an employer does not provide a technician, serviceperson, installer or an
apprentice with the tools ordinarily required by that person in the performance
of work as a technician, serviceperson, installer or an apprentice the employer
shall pay a tool allowance of
-
(i) $12.80
per week to such technician, serviceperson, installer;
or
(ii) In
the case of an apprentice a percentage of $12.80 being the percentage which
appears against their year of apprenticeship in subclause (3) of this clause for
the purpose of such technician, serviceperson, installer or apprentice applying
and maintaining tools ordinarily required in the performance of work as a
technician, serviceperson, installer 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
clause.
(c) An
employer shall provide for the use of technicians, servicepeople, installers or
apprentices all necessary power tools, special purpose tools and precision
measuring
instruments.
(d) A
technician, serviceperson, installer or apprentice shall replace or pay for any
tools supplied by the employer if lost through his
negligence.
(6) Casual
Employees:
A
casual employee shall be paid twenty per cent of the ordinary rate in addition
to the ordinary rate prescribed for the classification in which that employee is
employed.
(7) Structural
Efficiency:
(a) Arising
out of the decision of 8 September 1989 in the State Wage Case and in
consideration of the wage increases resulting from the first structural
efficiency adjustment in Application No. 1756 of 1989, employees are to perform
a wider range of duties including work which is incidental or peripheral to
their main tasks or
functions.
(b) The
parties to this award are committed to co-operating positively to increase the
efficiency, productivity and competitiveness of the electronics and information
technology industry and to enhance the career opportunities and job security of
employees in the
industry.
(c) At
each plant or enterprise a consultative mechanism may be established by the
employer, or shall be established upon request by the employees or their
relevant union or unions. The consultative mechanism and procedure shall be
appropriate to the size, structure and needs of that plant or enterprise.
Measures raised by the employer, employees, or union or unions for consideration
consistent with the objectives of paragraph (b) hereof shall be processed
through that consultative
mechanism.
(d) Measures
raised for consideration consistent with paragraph (c) hereof shall be related
to implementation of the new classification structure, the facilitative
provisions contained in this Award and, subject to Clause 36. - Training,
matters concerning training and, subject to paragraph (e) hereof, any other
measures consistent with the objectives of paragraph (b) of this
subclause.
(e) Without
limiting the rights of either an employer or a union to arbitration, any other
measure designed to increase flexibility at the plant or enterprise and sought
by either party shall be notified to the Western Australian Industrial Relations
Commission and by agreement of the parties involved shall be subject to the
following requirements
-
(i) The
changes sought shall not affect provisions reflecting national standards
recognised by the Western Australian Industrial Relations
Commission.
(ii) The
majority of employees affected by the change at the plant or enterprise must
genuinely agree to such
change.
(iii) No
Employee shall lose income as a result of the
change.
(iv) The
relevant union or unions must be a party to the
agreement.
(v) The
relevant union or unions shall not unreasonably oppose any
agreement.
(vi) Any
agreement shall be subject to approval by the Western Australian Industrial
Relations Commission and, if approved, shall operate as a schedule to this Award
and take precedence over any provision of this award to the extent of any
inconsistency.
(f) Any
disputes arising in relation to the implementation of paragraphs (c) and (d)
hereof shall be subject to the provisions of Clause 30. - Avoidance of
Industrial Dispute, of this
award.
(g) The
parties to this award agree to finalise outstanding matters relating to the
classification structure and definitions and in respect of further flexibility
provisions relating but not limited to hours of work and higher duties within
six months of 25th October,
1990.
34.
- UNION
COVERAGE
The
unions party to this part of the award shall be Communications, Electrical,
Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of
Australia, Engineering and Electrical Division, Western Australian Branch, (the
CEPU) and the Association of Draughting, Supervisory and Technical Employees,
Western Australian Branch (ADSTE) provided that ADSTE shall not enrol or seek to
enrol as members any employee bound by this Part of the award, except employees
engaged in classifications above the classification of Electronic Serviceperson.
Provided further, that the CEPU may enrol or seek to enrol as members any
employee engaged in any and all of the classifications in this Part of the
award.
35.
- LIBERTY TO
APPLY
(1) Leave
is reserved to insert an award provision relating to Termination, Change and
Redundancy.
(2) Leave
is reserved to insert an award provision covering superannuation
benefits.
(3) Leave
is reserved to employers or groups of employers to make application to the
Commission to reduce and/or postpone the application of any increase in labour
costs determined under the 1991 State Wage Case (Application No. 704 of 1991)
on the grounds of very serious or extreme
adversity.
36.
-
TRAINING
(1) The
parties to this Award recognise that in order to increase efficiency,
productivity and competitiveness of industry, a greater commitment to training
and skill development is required. Accordingly, the parties commit themselves
to
-
(a) developing
a more highly skilled and flexible
workforce;
(b) providing
employees wherever possible with career opportunities through appropriate
training to acquire additional skills;
and
(c) removing
barriers to the utilisation of skills
acquired.
(2) Following
consultation in accordance with subclause (7) in Clause 33. - Wages of this
award, or through the establishment of a training committee, an employer shall
develop a training programme consistent with
-
(a) the
current and future skill needs of the
enterprise;
(b) the
size, structure and nature of the operations of the
enterprise;
(c) the
need to develop vocational skills relevant to the enterprise and the electronics
and information technology industry through courses conducted by accredited
educational institutions and
providers.
(3) Where
it is agreed that a training committee be established, such training committee
shall be constituted by equal numbers of employer and employee representatives
and have a charter which clearly states its role and responsibilities, which may
include but not be limited to
-
(a) formulation
of a training programme and availability of training courses and career
opportunities to
employees;
(b) dissemination
of information on the training programme and availability of training courses
and career opportunities to
employees;
(c) the
recommending of individual employees for training and
reclassification;
(d) monitoring
and advising management and employees regarding the on-going effectiveness of
the
training.
(4) (a) Where,
as a result of consultation in accordance with subclause (7) of Clause 33. -
Wages of this award, or through a training committee and/or with the employee
concerned, it is agreed that additional training in accordance with the
programme developed pursuant to subclause (2) hereof should be undertaken by an
employee, that training may be undertaken either on or off the job and if the
training is undertaken during ordinary working hours, the employee concerned
shall not suffer any loss of pay. The employer shall not unreasonably withhold
such paid training
leave.
(b) Any
costs associated with standard fees for prescribed courses and prescribed
textbooks (excluding those textbooks which are available in the employer's
technical library) incurred with the undertaking of training shall be reimbursed
by the employer upon production of evidence of such expenditure. Provided
always that reimbursement shall also be on an annual basis, in arrears, subject
to the presentation of reports of satisfactory
progress.
(c) Travel
costs incurred by an employee undertaking training in accordance with this
clause, which exceed those normally incurred in travelling to and from work,
shall be reimbursed by the
employer.
(5) Subclauses
(2), (3) and (4) hereof shall operate as interim provisions and shall be
reviewed after nine months' operation. In the meantime, the parties shall
monitor the effectiveness of those interim provisions in encouraging the
attainment of objectives detailed in subclause (1) hereof. In this connection,
the unions reserve the right to pursue the mandatory prescription of a minimum
number of training hours per annum, without loss of pay, for an employee
undertaking training to meet the needs of an individual enterprise and the
electronics and information technology
industry.
(6) Any
dispute arising in relation to subclauses (2) and (3) shall be subject to the
provisions of Clause 30. - Avoidance of Industrial Disputes, of this
award.
37.
-
REDUNDANCY
(1) Discussions
Before
Terminations
(a) Where
an employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone and this is not due to the
ordinary and customary turnover of labour and that decision may lead to
termination of employment, the employer shall hold discussions with the
employees directly affected and with their Union or
Unions.
(b) The
discussion shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provisions of paragraph (a) of
this subclause and shall cover among other things, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
minimise any adverse affect of any terminations on the employees
concerned.
(c) For
the purpose of such discussion the employer shall provide in writing to the
employees concerned and their Union or Unions, all relevant information about
the proposed terminations including the reasons for the proposed terminations,
the number and categories of employees likely to be affected and the number of
employees normally employed and the period over which the terminations are
likely to be carried out. Provided that any employer shall not be required to
disclose confidential information the disclosure of which would be inimical to
the employer's
interests.
(2) Transfer
to Lower Paid
Duties
Where
an employee is transferred to lower paid duties for reasons set out in paragraph
(a) of subclause (1) of this clause the employee shall be entitled to the same
period of notice of transfer as the employee would have been entitled to had the
employment been terminated, and the employer may at the employer's option, make
payment in lieu thereof of an amount equal to the difference between the former
ordinary weekly rate of wage and the new lower ordinary weekly rate of wage for
the number of weeks of notice still
owing.
(3) Severance
Pay
(a) In
addition to the period of notice prescribed in paragraph (a) of subclause (2) in
Clause 6. - Contract of Service, of this Award, for ordinary termination, and
subject to further order of the Commission, an employee whose employment is
terminated for reasons set out in paragraph (a) of subclause (1) of this clause
shall be entitled to the following amount of severance pay in respect of a
continuous period of service.
PERIOD
OF CONTINUOUS SERVICE
|
SEVERANCE
PAY
|
|
|
Less
than 1 year
|
Nil
|
1 year
but less than 2 years
|
4
weeks
|
2
years but less than 3 years
|
6
weeks
|
3
years but less than 4 years
|
7
weeks
|
4
years and over
|
8
weeks
|
"Week’s
Pay" means the ordinary weekly rate of wage for the employee
concerned.
Provided
that the severance payments shall not exceed the amount which the employee would
have earned if employment with the employer had proceeded to the employee's
normal retirement
date.
(b) For
the purpose of this clause continuity of service shall not be broken on account
of -
(i) Any
interruption or termination of the employment by the employer if such
interruption or termination has been made merely with the intention of avoiding
obligations hereunder in respect of leave of
absence;
(ii) Any
absence from work on account of personal sickness or accident for which an
employee is entitled to claim sick pay as prescribed by this Award or on account
of leave lawfully granted by the employer;
or
(iii) Any
absence with reasonable cause, proof whereof shall be upon the
employee.
Provided
that in the calculation of continuous service under this subclause any time in
respect of which an employee is absent from work except time for which an
employee is entitled to claim annual leave, sick pay, long service leave and
public holidays as prescribed by this Award shall not count as time
worked.
(c) Service
by the employee with a business which 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 66 of the Western Australian Industrial Gazette at pages 1-4
shall also constitute continuous service for the purpose of this
clause.
(4) Employee
Leaving During
Notice
An
employee whose employment is to be terminated for reasons set out in paragraph
(a) of subclause (1) of this clause may terminate employment during the period
of notice and, if so, shall be entitled to the same benefits and payments under
this clause had the employee remained with the employer until the expiry of such
notice. Provided that in such circumstances the employee shall not be entitled
to payment in lieu of
notice.
(5) Alternative
Employment
An
employer, in a particular redundancy case, may make application to the
Commission to have the general severance pay prescription varied if the employer
obtains acceptable alternative employment for an
employee.
Time
Off During Notice
Period
(a) During
the period of notice of termination of employment given by an employer, an
employee whose employment is to be terminated for reasons set out in paragraph
(a) of subclause (1) of this clause that employee shall for the purpose of
seeking other employment shall be entitled to be absent from work during each
week of notice up to a maximum of eight ordinary hours without deduction of
pay.
(b) If
the employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent. For
this purpose a statutory declaration will be
sufficient.
(7) Notice
to Commonwealth Employment
Service
Where
a decision has been made to terminate employees in the circumstances outlined in
paragraph (a) of subclause (1) of this clause, the employer shall notify the
Commonwealth Employment Service thereof as soon as possible giving relevant
information including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(8) Superannuation
Benefits
(a) Subject
to further order of the Commission where an employee, who is terminated receives
a benefit from a superannuation scheme, the employee shall only receive under
subclause (3) of this clause the difference between the severance pay specified
in that subclause and the amount of the superannuation benefit the employee
receives which is attributable to employer contributions
only.
(b) If
the superannuation benefit is greater than the amount due under subclause (3) of
this clause then the employee shall receive no payment under that
subclause.
(c) Provided
that benefits arising directly or indirectly from contributions made by an
employer in accordance with an award, agreement or order made or registered
under the Industrial Relations Act 1979 shall not be taken into account unless
the Commission so orders in a particular
case.
(9) Employees
With Less Than One Year's
Service
This
clause shall not apply to employees with less than one year's continuous service
and the general obligation on employers should be no more than to give relevant
employees an indication of the impending redundancy at the first reasonable
opportunity and to take such steps as may be reasonable to facilitate the
obtaining by the employees of suitable alternative
employment.
(10) Employees
Exempted
This
clause shall not apply where employment is terminated as a consequence of
conduct that justifies instant dismissal including malingering, inefficiency or
neglect of duty or in the case of casual employees, apprentices or employees
engaged for a specific period of time or for a specified task or
tasks.
(11) Employers
Exempted
Subject
to an order of the Commission, in a particular redundancy case, this clause
shall not apply to employers who employ less than 15
employees.
(12) Incapacity
to Pay
An
employer, in a particular redundancy case may make application to the Commission
to have the general severance pay prescription varied on the basis of the
employer's incapacity to
pay.
(13) Dispute
Settling
Procedures
Any
dispute under these provisions shall be referred to the
Commission.
PART
II. - CONSTRUCTION
WORK
This
Part of the award, Clause 1. - General Provisions to Clause 12. - Union Coverage
inclusive shall apply to employees engaged on construction work defined in
Clause 5. - Definitions of PART I - GENERAL of this
award.
1.
- GENERAL
PROVISIONS
Except
as provided in this Part the provisions of PART I - GENERAL of this award shall
apply to employees engaged on construction work defined in Clause 5. -
Definitions of that
Part.
2.
- CONTRACT OF
SERVICE
(1) A
contract of service to which PART II - CONSTRUCTION WORK of 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 employer's right to dismiss an employee without notice for
misconduct and an employee so dismissed shall be paid wages for the time worked
up to the time of dismissal
only.
(2) Subject
to the provisions of this clause, an employee may on any day, give to the
employer the appropriate period of notice of termination of the contract
prescribed in subclause (4) of this clause and the contract terminates when that
period
expires.
(3) (a) Where
an employee 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.
(b) In
a case to which paragraph (a) of this subclause applies
-
(i) the
contract of service shall, for the purposes of this award, be deemed to have
terminated at the time at which the employee 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 employee pays to the employer, whether by forfeiture or otherwise,
an amount equivalent to the employee's ordinary wages for the period of notice
which should have been
given.
(4) The
period of notice referred to in subclause (2) of this clause is
-
(a) in the
case of a casual employee, one
hour;
(b) in
any other case
-
(i) during
the first month of employment under the contract, one day;
and
(ii) after
the first month of such employment, one
week.
(5) (a) On
the first day of engagement an employee shall be notified by his employer or by
the employer'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 purposes 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) of this subclause is not given and
the employee is dismissed through no fault of his own within one month of
commencing
employment.
(6) (a) Subject
to paragraph (b) hereof an employer shall, in the case of an employee who has
completed one month's service with that employer, give notice to the employee on
the day on which the contract of service is to end and pay the employee one
week's ordinary wages: Provided that where an employee, having been offered and
refused further employment at another site with the same employer, subsequently,
within a fortnight of such refusal, applies to that employer for employment and
is engaged to work at that other site, the one week's wages paid to him under
this subclause shall be credited towards payment of any moneys due in his new
employment.
(b) An
employer may terminate the contract of service
-
(i) in the
case of a casual employee, by giving to the employee one hour's notice or by
paying to him one hour's pay in lieu of
notice;
(ii) in
any other case, during the first month of employment under the contract, by
giving to the employee one day's notice or by paying to him one day's pay in
lieu of
notice.
(7) The
employer shall be under no obligation to pay for any day not worked upon which
an 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 11. - Sick
Leave of PART I - GENERAL of this award or such absence is on account of
holidays to which the employee is entitled under the provisions of this
award.
(8) (a) The
employer is entitled to deduct payment for any day upon which an employee
(including an apprentice) 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 employee
cannot be usefully employed through any cause which the employer could not
reasonably have prevented 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
determines.
(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 duration of the stoppage and the endeavours
made by the employer to repair the
breakdown.
3.
- SHIFT
WORK
(1) Shifts
may be worked on construction work provided the employer has given the union
notice of the intention to work shifts and the intended starting and finishing
times of ordinary hours of the respective
shifts.
(2) (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 employees 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.
(3) Where
shift work is worked on construction work or by the contractor on commissioning
tests for new plant
-
(a) the
first night shift in ordinary hours in any week shall not commence before Monday
night;
and
(b) the
ordinary hours on each shift shall include crib time not exceeding twenty
minutes which shall be taken in relays so as not to cause a stoppage of
operations and at times convenient to the
employer.
(4) A
shift employee engaged on construction work or on commissioning tests for new
plant shall, in addition to the ordinary rate, be paid per shift for eight
hours, a loading of twenty-five per cent for night
shift.
(5) Where
shifts are worked on construction work or on commissioning tests for new plant
the day and night shifts may change weekly where there is agreement between the
parties.
4.
- REST
PERIOD
(1) (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 employees 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 employee has breached any
condition expressed or implied in this subclause may be exempted from liability
to allow the rest
period.
(e) In
an establishment in which the majority of employees are not subject to this
award, the provisions of this subclause do not apply but any employee to whom
this award applies shall be entitled to the rest period, if any, which may be
allowed to the aforesaid
majority.
(2) On
work on which the majority of employees are employed under this award, in
addition to the rest period referred to in subclause (1) of this clause but
subject to the same conditions, a rest period of seven minutes shall be allowed
as soon as possible after the end of the second hours work following the meal
interval unless the employees concerned prefer to do without such rest period,
but the provisions of this subclause only apply to an employee on any day on
which he is required for overtime for half an hour or more immediately following
his ordinary finishing
time.
5.
- SPECIAL RATES AND
PROVISIONS
(1) (a) Where
obnoxious or unusually dirty or extreme confined space conditions are
encountered attributable to sources other than normal construction work
disabilities, the Board of Reference may be convened to investigate the specific
complaint.
(b) The
Board of Reference shall determine the remedial measures required and/or award a
disability allowance if deemed necessary in the
circumstances.
(2) (a) The
employer shall, where practicable, provide a waterproof and secure place on each
job for the safekeeping of a employee's tools when not in use and an employee's
working clothes and where an employee is absent from work because of illness or
accident and has advised the employer to that effect in accordance with the
provisions of Clause 11. - Sick Leave of PART I - GENERAL of this award the
employer shall ensure that the employee's tools and working clothes are securely
stored during their
absence.
(b) Subject
to paragraph (c) hereof where the employee's tools or working clothes are lost
by fire or breaking and entering whilst securely stored in the place provided by
the employer under paragraph (a) hereof the employer shall reimburse the
employee for that loss but only up to a maximum of
$267.50.
(c) The
provisions of paragraph (b) hereof shall only apply with respect to tools and
working clothes used by an employee in the course of their employment as set out
in a list furnished to the employer at least twenty four hours before being lost
by fire or theft and if the employee has reported any theft to the
police.
6.
- ALLOWANCE FOR TRAVELLING AND EMPLOYMENT IN CONSTRUCTION
WORK
(1) An
employee, who, on any day, is required by the employee's employer to report
directly to the job, shall be paid an allowance in accordance with the
provisions of this subclause to compensate for travel patterns and costs
peculiar to the industry, which includes mobility requirements of employees, and
the nature of employment in construction work covered by this award
-
(a) On
places within a radius of 50 kilometres from the General Post Office, Perth -
$13.80 per
day.
(b) For
each additional kilometre to a radius of 60 kilometres from the General Post
Office, Perth - 70 cents per
kilometre.
(c) Subject
to the provisions of paragraph (d), work performed at places beyond a 60
kilometre radius from the General Post Office, Perth shall be deemed to be
distant work unless the employer and the employees, with the consent of the
union, agree in any particular case that the travelling allowance for such work
shall be paid under this clause, in which case an additional allowance of 70
cents per kilometre shall be paid for each kilometre in excess of the 60
kilometre
radius.
(d) In
respect of work carried out from an employer's depot situated outside a radius
of 60 kilometres from the General Post Office, Perth the main Post Office in the
town in which such depot is situated shall be the centre for the purpose of
calculating the allowance to be
paid.
(e) Where
transport to and from the job is supplied by the employer from and to the depot
or such other place more convenient to the employee as is mutually agreed upon
between the employer and the employee, half the above rates shall be paid,
provided that the conveyance used for such transport is equipped with suitable
seating and weather proof
covering.
(2) The
provisions of this clause do not apply to an employee to whom Clause 7. -
Distant Work of Part II - Construction Work is
applicable.
7.
- DISTANT
WORK
(1) Where
an employee is engaged or selected or advised by an employer to proceed to
construction work at such a distance that he cannot return to his home each
night and the employee does so, the employer shall provide the employee with
suitable board and lodging or shall pay the expenses reasonably incurred by the
employee for board and
lodging.
(2) The
provisions of subclause (1) of this clause do not apply with respect to any
period during which the employee is absent from work without reasonable excuse
and in such a case, where the board and lodging is supplied by the employer, he
may deduct from moneys owing or which may become owing to the employee an amount
equivalent to the value of that board and lodging for the period of the
absence.
(3) Subject
to the provisions of subclause (5) of this clause
-
(a) the
employer shall pay all reasonable expenses including fares, transport of tools,
meals and, if necessary, suitable overnight accommodation incurred by an
employee or person engaged who is directed by his employer to proceed to the
locality of the site and who complies with such
direction.
(b) the
employee shall be paid at ordinary rate of payment for the time up to a maximum
of eight hours in any one day incurred in travelling pursuant to the employer's
direction.
(4) Where
an employee who, after one month of employment with an employer, leaves his
employment, or whose employment is terminated by his employer "except for
incompetency, within one working week of his commencing work on the job or for
misconduct" and in either instance subject to the provisions of Clause 2. -
Contract of Service of this Part of this award returns to the place from where
the employee first proceeded to the locality, or to a place less distant than or
equidistant to the place where he first proceeded, the employer shall pay all
expenses - including fares, transport of tools, meals and, if necessary,
suitable overnight accommodation - incurred by the employee in so returning.
Provided that the employer shall in no case be liable to pay a greater amount
under this subclause than he would have paid if the employee had returned to the
locality from which he first proceeded to the
job.
(5) On
work north of the 26th parallel of South Latitude the following provisions apply
-
(a) The
employer may deduct the amount of the forward fare from the employee's first or
later wages but the amount so deducted shall be refunded to the employee if he
continues to work for three months, or, if the work ceases sooner, for so long
as the work
continues.
(b) If
the employee continues to work for the employer for at least six months or if
the work ceases sooner, for so long as the work continues, the employer shall,
on termination of the employee's engagement, pay the fare of the employee back
from the place of work to the place of engagement if the employee so
desires.
(6) An
employee, to whom the provisions of subclause (1) of this clause apply, shall be
paid an allowance of $28.15 for any weekend that the employee returns home from
the job, but only if
-
(a) The
employee advises the employer or the employee's agent of the employee's
intention not later than the Tuesday immediately preceding the weekend in which
the employee so
returns;
(b) The
employee is not required for work during that
weekend;
(c) The
employee returns to the job on the first working day following the weekend;
and
(d) The
employer does not provide, or offer to provide, suitable
transport.
(7) Where
an employee, supplied with board and lodging by the employer, is required to
live more than 800 metres from the job the employee shall be provided with
suitable transport to and from the job or be paid an allowance of $12.40 per
day, provided that where the time actually spent in travelling either to or from
the job exceeds 20 minutes, that excess time shall be paid for at ordinary rates
whether or not suitable transport is supplied by the
employer.
(8) Notwithstanding
any other provisions contained in this clause and in lieu of any such provisions
the following conditions shall apply to an employee who is engaged or selected
or advised by an employer to proceed to construction work at such a distance
that he cannot return to his home each night and where such construction work is
located north of the 26th parallel of south latitude or in any other area to
which air transport is the only practicable means of
travel:
(a) An
employee may return to his home or to Perth or to any other place at a weekend
to be mutually agreed upon between the employee and his
employer:
(i) After
four continuous months service with his employer; and in addition to the weekend
the employee shall be entitled to two days leave on ordinary pay subject to the
provisions of paragraph (b) hereof,
and
(ii) After
each further period of four months continuous service with his employer; and in
addition to the weekend, the employee shall be entitled to two days leave, one
of which days shall be on ordinary pay subject to the provisions of paragraph
(b)
hereof.
(b) Where
an employee returns home or to Perth or any other place in accordance with the
provisions of this subclause and returns to the job and commences work at the
time arranged with his employer, on the first working day for that employee
immediately following the period of leave referred to in paragraph (a) hereof,
that employee shall be paid at the completion of the first pay period commencing
on or after the day upon which the employee returns to work from the leave taken
pursuant to paragraph (a) hereof the ordinary pay for that period of leave and
the actual cost of air fares incurred in travelling home or to Perth or to any
other place and to the job and which in no case shall exceed the cost of an
economy air fare from the job to Perth and
return.
(c) The
entitlement to leave and travelling accruing to an employee pursuant to
subclause (a) 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.
(9) Any
time in respect of which an employee is absent from work except time for which
he is entitled to claim payment pursuant to Clause 11. - Sick Leave of PART I -
GENERAL of this award or time spent on holidays pursuant to subclause (1) of
Clause 10. - Holidays and Annual Leave of PART I - GENERAL of this award shall
not count for determining his rights to travel and leave under the provisions of
subclause (8) of this
clause.
8.
- ANNUAL LEAVE
LOADING
Notwithstanding
the provisions of paragraph (c) of subclause (3) of Clause 10. - Holidays and
Annual Leave of PART I - GENERAL of this award the loading prescribed in the
said paragraph shall apply to proportionate leave due to an employee whose
employment is terminated by the employer for any cause other than
misconduct.
9.
- RIGHT OF
ENTRY
Consistent
with the terms of the Labour Relations Legislation Amendment Act 1997 and
S.23(3)(c)(iii) of the Industrial Relations Act a representative of the Union
shall not exercise the rights under this clause with respect to entering any
part of the premises of the employer unless the employer is the employer, or
former employer of a member of the
Union.
On
notifying the employer or his representative, the secretary or any authorised
officer of the union party to this part of the award shall have the right to
visit any job at any time when work is being carried on, whether during or
outside the ordinary working hours and to interview the employees covered by
this award provided that he does not unduly interfere with the work in
progress.
10.
-
WAGES
(1) Subject
to Clause 5. - Special Rates and Provisions of Part II of the award the ordinary
weekly rate of wage shall be as set out hereunder and shall be inclusive of all
special rates and allowances and be paid as an "all purpose"
rate.
(2) The
ordinary weekly wage of an employee engaged on construction work shall consist
of the base rate and the special payment as set out in subclause (3) of this
clause.
(3) (a) CLASSIFICATIONS
|
Rate
Per Week
|
Special
Payment
|
Arbitrated
Safety Net Adjustment
|
Total
Rate Per Week
|
Electronic
Technician (Grade III)
|
537.50
|
31.50
|
159.00
|
728.00
|
Electronic
Technician (Grade II)
|
463.30
|
26.90
|
159.00
|
649.20
|
Electronic
Technician (Grade I)
|
442.20
|
25.40
|
159.00
|
626.60
|
Electronic
Serviceperson
|
418.90
|
24.00
|
161.00
|
603.90
|
Installer
|
375.90
|
18.10
|
159.00
|
553.00
|
Trainee
Installer (90% of Installer)
|
338.30
|
16.30
|
143.10
|
497.70
|
(4) Apprentices:
The
ordinary weekly wage of an apprentice shall be calculated by applying the
percentage applicable under subclause (4) of Clause 33. - Wages of PART I -
GENERAL of this award to the rate prescribed for a "Serviceperson" in subclause
(3) of this clause for the construction work upon which the apprentice is
engaged.
(5) Construction
Allowances:
(a) In
addition to the appropriate rates of pay prescribed in this clause an employee
shall be paid
-
(i) $40.60
per week if engaged on the construction of a large industrial undertaking or any
large civil engineering
projects.
(ii) $36.70
per week if engaged on a multi-storeyed building, but only until the exterior
walls have been erected and the windows completed and a lift made available to
carry the employee between the ground floor and the floor upon which the
employee is required to work. A multi-storeyed building is a building which,
when completed, will consist of at least five
storeys.
(iii) $21.50
per week if engaged otherwise on construction work falling within the definition
of construction work in Clause 5. - Definitions of PART I - GENERAL of this
award.
(b) Any
dispute as to which of the aforesaid allowances apply to particular work shall
be determined by the Board of
Reference.
(6) Leading
Hand:
In
addition to the appropriate rate of wage 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 ten other
employees
|
$23.00
|
(b)
|
If
placed in charge of more than ten but not more than twenty other
employees
|
$35.00
|
(c)
|
If
placed in charge of more than twenty other employees
|
$45.20
|
(7) (a) Where
an employer does not provide a Technician, Serviceperson, Installer or
Apprentice with the tools ordinarily required by that Serviceperson, Technician
or Installer in the performance of work as a Technician, Installer or Apprentice
the employer shall pay a tool allowance of
-
(i) $12.80
per week to such Technician, Serviceperson or Installer,
or
(ii) In
the case of an apprentice a percentage of $12.80 being the percentage referred
to in subclause (3) of Clause 33. - Wages of PART I - GENERAL of this
award,
for
the purpose of such Technician, Serviceperson, Installer or Apprentice supplying
and maintaining tools ordinarily required in the performance of work as a
Technician, Serviceperson, Installer 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
clause.
(c) An
employer shall provide for the use of Technicians, Servicepersons, Installers
and Apprentices all necessary power tools, special purpose tools and precision
measuring
instruments.
(d) A
Technician, Serviceperson, Installer or Apprentice shall replace or pay for any
tools supplied by the employer if lost through that person's
negligence.
(8) A
casual employee shall be paid twenty per cent of the ordinary rate in addition
to the ordinary rate prescribed for the classification in which that employee is
employed.
(9) Minimum
Wage:
(a) No
adult employee shall be paid less than the Minimum Adult Award Wage unless
otherwise provided by this
clause.
(b) The
Minimum Adult Award Wage for full time adult employees is $484.40 per week
payable on and from 7 th July
2005.
(c) The
Minimum Adult Award Wage of $484.40 per week is deemed to include all arbitrated
safety net adjustments from State Wage Case
decisions.
(d) Unless
otherwise provided in this clause adults employed as casuals, part time
employees or pieceworkers or employees who are remunerated wholly on the basis
of payment by result shall not be paid less than pro rata the Minimum Adult
Award Wage according to the hours
worked.
(e) Juniors
shall be paid no less than the wage determined by applying the percentage
prescribed in the junior rates provision in this award to the Minimum Adult
Award Wage of $484.40 per
week.
(f) (i) The
Minimum Adult Award Wage shall not apply to apprentices, employees engaged on
traineeships or Jobskill placements or employed under the Commonwealth
Government Supported Wage System or to other categories of employees who by
prescription are paid less than the minimum award
rate.
(ii) Liberty
to apply is reserved in relation to any special categories of employees not
included here or otherwise in relation to the application of the Minimum Adult
Award
Wage.
(g) Subject
to this clause the Minimum Adult Award Wage shall
-
(i) apply
to all work in ordinary
hours.
(ii) apply
to the calculation of overtime and all other penalty rates, superannuation,
payments during any period of paid leave and for all purposes of this
award.
(h) Minimum
Adult Award
Wage
The
rates of pay in this award include the minimum weekly wage for adult employees
payable under the 2005 State Wage Case Decision. Any increase arising from the
insertion of the minimum adult award wage will be offset against any equivalent
amount in rates of pay received by employees whose wages and conditions of
employment are regulated by this award which are above the wage rates prescribed
in the award. Such above award payments include wages payable pursuant to
enterprise agreements, consent awards or award variations to give effect to
enterprise agreements and over award arrangements. Absorption which is contrary
to the terms of an agreement is not required. Increases under previous State
Wage Case Principles or under the current Statement of Principles, excepting
those resulting from enterprise agreements, are not to be used to offset the
minimum adult award
wage.
(i) Adult
Apprentices
(i) Notwithstanding
the provisions of this clause, an apprentice, 21 years of age or over, shall not
be paid less than $406.70 per
week.
(ii) The
rate paid at paragraph (i) above is payable on superannuation and during any
period of paid leave prescribed by this
Award.
(iii) Where
in this award an additional rate is expressed 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 actual year of the
apprenticeship.
(iv) Nothing
in this sub-clause shall operate to reduce the rate of pay fixed by this Award
for an adult apprentice in force immediately prior to 5 th June
2003.
(10) Structural
Efficiency:
(a) Arising
out of the decision of the State Wage Case on 8th September 1989 and in
consideration of the wage increases resulting from the first structural
efficiency adjustment employees are to perform a wider range of duties including
work which is incidental or peripheral to their main tasks or
functions.
(b) The
parties to the Award are committed to implementing a new wage and classification
structure. In making this commitment the
parties:
(i) Accept
in principle that the descriptions of job functions within a new structure will
be more broadly based and generic in
nature;
(ii) Undertake
that upon variation of the Award to implement a new wage and classification
structure, employees may undertake training for a wider range of duties and/or
access to higher levels in accordance with the definitions and training
standards laid down in the award variation relating to a new classification
structure;
(iii) Will
co-operate in the transition from the existing classification structure to the
proposed new structure to ensure that the transition takes place in an orderly
manner without creating false expectations or
disputation.
(c) In
the event that there is a claim for reclassification by an existing employee to
a higher level under any new structure on the ground that the employee possesses
equivalent skill and knowledge gained through on-the-job experience or on any
other ground, the following principles
apply:
(i) The
parties agree that the existing award disputes avoidance procedure shall be
followed;
(ii) Agreed
competency standards shall be established by the parties in conjunction with
TAFE and the State Employment Skills Development Authority (SESDA), (when
operative) for all levels in any new classification structure before any claims
for re-classification are
processed.
(iii) An
agreed authority (such as TAFE or SESDA) or agreed accreditation authority (when
operative) shall test the validity of an employee’s claim for
reclassification.
(d) Reclassification
to any higher level shall be contingent upon such additional work being
available and required to be performed by the
employer.
(e) The
parties are committed to modernising the terms of the Award and to addressing
the issues associated with training in an endeavour to finalise these matters by
1 August
1990.
(f) The
commitments referred to in this subclause are supported by a Memorandum of
Agreement between the parties attached to the Award as a Third
Schedule.
The
rates of pay in this award include arbitrated safety net adjustments available
since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent
amount in the rate of pay received by employees since 1 November 1991 above the
rate prescribed in the Award, except where such absorption is contrary to the
terms of an industrial agreement. Increases in rates of pay otherwise made
under the State Wage Case Principles, excepting those resulting from enterprise
agreements, are not to be used to offset arbitrated safety net
adjustments.
11.
- AVOIDANCE OF INDUSTRIAL
DISPUTES
(1) To
facilitate the remedying of any grievance or the settlement of any dispute on
construction work the following procedure shall apply, namely
-
(a) The
job steward on the site may discuss with the foreman any grievance affecting the
employees the job steward represents and, if the matter is not satisfactorily
resolved, the job steward may discuss the matter with the industrial officer or
other officer nominated by the employer to deal with such matters on the
site.
(b) If
the matter is not resolved by the foregoing discussions the job steward shall
notify the secretary of the union and shall thenceforth leave the conduct of
negotiations in the hands of the
union.
(c) Where
a matter has been referred to the union by the job steward the union shall
promptly take all steps necessary under its rules and under the Industrial
Arbitration Act for the resolution of the
matter.
(d) In
order to allow for the peaceful resolution of grievances the parties shall be
committed to avoid stoppages of work, lockouts or any other bans or limitation
on the performance of work while the procedures of negotiation and conciliation
are being
followed.
(e) The
employer shall ensure that all practices applied during the operation of the
procedure are in accordance with safe working practices and consistent with
established custom and practices at the
workplace.
(2) A
job steward shall not leave the place of work to investigate any matter or to
discuss any matter with the employer's representative unless on each occasion
the job steward first obtains permission to do so from the foreman or supervisor
or unless, in the absence of both foreman and supervisor the job steward first
notifies the leading
hand.
(3) A
job steward shall not during working hours call or hold any meeting of the
employees concerned with any grievance or dispute relating to construction
work.
12.
- UNION
COVERAGE
The
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Workers Union of Australia, Engineering and Electrical Division,
Western Australian Branch, shall be the sole union able to enrol or seek to
enrol as members, employees bound by this Part of the
Award.
13.
-
TERMINATION/REDUNDANCY
(1) This
clause shall apply where an employee becomes
redundant:
(a) "Redundancy"
means a situation where an employee is terminated by his or her employer other
than for reasons of misconduct or refusal of
duty.
(b) "Redundant"
has a corresponding
meaning.
(2) Severance
Pay:
(a) An
employee, leaving his/her employer on account of a decision in accordance with
subclause (1) hereof, shall be entitled to the following amount of severance pay
in respect of continuous periods of service:
PERIOD
OF CONTINUOUS SERVICE
|
SEVERANCE
PAY
|
|
|
Less
than one year
|
$20.00
for each completed week of service, to a maximum of two weeks’
pay
|
|
|
One
year but less than two years
|
Two
weeks’ pay plus S20.00 for each completed week of service, to a maximum of
four weeks’ pay
|
|
|
Two
years but less than three years
|
Four
weeks’ pay plus S20.00 for each completed week of service, to a maximum of
six weeks’ pay
|
|
|
Three
years but less than four years
|
Seven
weeks’ pay
|
|
|
After
four years and over
|
Eight
weeks’ pay
|
(b) In
lieu of the $20.00 specified in paragraph (a) hereof, after 14 October 1991 and
rate of accrual shall be $25.00 for each completed week of service, with the
maximum accrual as
specified.
(c) "Week's
pay" shall mean the ordinary weekly rate of wage for the employee concerned as
set out in Clause 10. - Wages hereof, but shall not include site, disability or
travel
allowances.
(d) For
the purposes of this clause, "service" shall mean employment on construction
work as defined by Clause 5 of Part I of this Award but shall not include
-
(i) Service
as an apprentice under the terms of this Award;
or
(ii) Service
under Part I of this
Award.
(e) For
the purpose of implementing this clause, employees who have been continuously
employed with an employer since 22 March 1989 shall have service with the
employer for that time counted in calculation of their length of
service.
For
all other employees who were not in the employ of their current employer on 22
March 1989, length of service shall be calculated on the time of continuous
service with their current
employer.
(f) For
the purpose of this clause, continuity of service shall not be broken on account
of -
(i) Any
interruption or termination of employment by the employer if made merely with
the intention of avoiding obligations hereunder in respect of leave of absence;
or
(ii) Any
absence from work on account of personal sickness or accident for which an
employee is entitled to claim sick pay as prescribed by this Award, or on
account of leave lawfully granted by the employer;
or
(iii) Any
absence, with reasonable cause, proof whereof shall be provided by the employee;
and
Provided
that in the calculation of continuous service under this subclause, any time in
respect of which an employee is absent from work, except to claim annual leave,
sick pay, long service leave and public holidays as prescribed by this Award,
shall not count as service for the purposes of this
clause.
(g) Where
an employee remains in his/her employment with the employer and is transferred
between construction sites, or between construction work and work under Part I
of this Award, the period of service on construction work shall be preserved for
the purposes of calculating continuous service under the terms of this
clause.
(h) Service
by the employee with a business which has been transmitted from one employer to
another and the employee's service has been deemed continuous in accordance with
subclause (3) in Clause 2 of the Long Service Leave Provisions published in
Volume 66 of the Western Australian Industrial Gazette at pages 1-4, shall also
constitute continuous service for the purpose of this
clause.
(i) An
employee who terminates his/her employment before the completion of four
weeks’ continuous service with the employer shall not be entitled to the
provisions of this
clause.
(3) Employee
Leaving During
Notice
An
employee whose employment is to be terminated in accordance with this clause may
terminate his/her employment during the period of notice and if this occurs,
shall be entitled to the provisions of this clause as if the employee remains
with the employer until expiry of such notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of
notice.
(4) Incapacity
to Pay
An
employer in a particular severance/redundancy case may make application to the
Commission to have the general severance pay prescription varied on the basis of
the employer's incapacity to
pay.
(5) Alternative
Employment
An
employee, in a particular severance/redundancy case, may make application to the
Commission to have the provisions of this clause varied if the employer obtains
acceptable alternative employment for an employee which shall include, but not
limited to, transfer from one site to another and/or transfer to a
workshop.
(6) Dispute
Settling
Procedures
Any
dispute under these provisions shall be processed according to procedures
established in Clause 11. - Grievances and Disputes hereof and in the event that
the dispute is not resolved by those procedures, the matter shall be referred to
the Western Australian Industrial Relations
Commission.
(7) Termination/Redundancy
Fund
Employers
may, at their discretion, utilise a fund to meet their liabilities to their
employees accrued pursuant to the term of this clause, provided that such fund
shall provide a level of benefits equal to those prescribed by this
clause.
APPENDIX
- RESOLUTION OF DISPUTES
REQUIREMENTS
(1) This
Appendix is inserted into the award/industrial agreement as a result of
legislation which came into effect on 16 January 1996 (Industrial Relations
Legislation Amendment and Repeal Act 1995) and further varied by legislation
which came into effect on 23 May 1997 (Labour Relations Legislation Amendment
Act
1997).
(2) Any
dispute or grievance procedure in this award/industrial agreement shall also
apply to any questions, disputes or difficulties which may arise under
it.
(3) With
effect from 22 November 1997 the dispute or grievance procedures in this
award/industrial agreement is hereby varied to include the requirement that
persons involved in the question, dispute or difficulty will confer among
themselves and make reasonable attempts to resolve questions, disputes or
difficulties before taking those matters to the Commission.
FIRST SCHEDULE - SCHEDULE OF RESPONDENTS
Action
Electronics Pty
Ltd
144
Northwood
Street
LEEDERVILLE
WA
6007
Aldetec
Pty Ltd
7 Burgay
Court
OSBORNE
PARK WA
6017
Allcom
Pty Ltd
33
Gympie
Way
WILLETTON WA
6155
Ampac
Industries (WA) Pty
Ltd
70 Jersey
Street
JOLIMONT
WA
6014
Associated
Electronic Services (1979) Pty
Ltd
5 Bookham
Street
MORLEY WA
6062
Automated
Lab Equipment Pty
Ltd
3 Whyalla
Street
WILLETTON
WA
6155
Computronics
International Pty
Ltd
31
Kensington
Street
EAST
PERTH WA
6000
Digital
Systems Pty
Ltd
112
Churchill
Avenue
SUBIACO
WA 6008
Ejan
Electronics
Services
87a
Briggs
Street
CARLISLE
WA
6101
Hinco
Engineering
309
Hay
Street
SUBIACO
WA
6008
Industrial
Micro Products
(Aust)
1 Brewer
Street
EAST
PERTH WA
6000
J.R.L.
Component Sales Pty
Ltd
896 Beaufort
Street
INGLEWOOD
WA
6052
Jemal
Products Pty
Ltd
5 Forge
Street
WELSHPOOL
WA 6106
Lion
Electronics
314
Great Eastern
Highway
MIDLAND
WA
6056
Micro
Controls Ltd
59
Collingwood
Street
OSBORNE
PARK WA
6017
New Era
Electro Service
(WA)
55 Robinson
Avenue
BELMONT
WA
6104
Omnitronics
Pty Ltd
15
Hector
Street
OSBORNE
PARK WA
6017
Precision
Microsystems Pty
Ltd
3a/18
Milford
Street
EAST
VICTORIA PARK WA
6101
Radiolab
Limited
249
Balcatta
Road
BALCATTA WA
6021
Mike
Steward Electronic and Electrical
Services
14
Honey Dew
Close
MAIDA VALE
WA
6057
Unidata
Australia
3
Whyalla
Street
WILLETTON
WA
6155
Unitronics
Pty Ltd
Unit 3
Node
500
Technology
Park
11 Brodie
Hall
Drive
BENTLEY WA
6102
Underwater
Video Systems Pty
Ltd
10 Whyall
Street
WILLETTON
WA 6155
N.A.
Walker Pty
Ltd
28 Baretta
Road
WANGARA WA
6065
Anitech
37
Belmont
Avenue
BELMONT
WA
6104
Western
Electric (Aust) Pty
Ltd
5 Rye Lane
Street
MADDINGTON
WA 6109
SECOND SCHEDULE - EXEMPTIONS
The
following company shall be exempt from the provisions of this
award:
Circuit
Technology Australia Pty
Ltd
16 Yampi
Way
WILLETTON WA
6155
THIRD SCHEDULE - MEMORANDUM OF UNDERSTANDING
Between
the Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Workers Union of Australia, Engineering and Electrical
Division, Western Australian
Branch
and
Employers
in the Electronics
Industry
(1) In
line with the decision of the Commission in Court Session in Application No.
1940 of 1989 the parties are committed to award restructuring which will provide
for improvement in efficiency and productivity in the electronics
industry.
(2) The
parties agree that award restructuring will also provide the opportunity for
employees to obtain better paid and more varying and fulfilling jobs. A main
desire of the parties is to develop wage and classification structures which
will promote the objectives sought in this Point and in Point
1.
(3) To
enhance the implementation of award restructuring in this State and to allow for
the particular needs of the industry in Western Australia to be explored and
addressed, the parties agree to establish a State working group to examine
national proposals for award restructuring and to examine all other proposals
considered appropriate by the parties to award restructuring for the electronics
industry in Western Australia including any new classification structure and
appropriate definitions. In saying this the parties recognise that the
Electronics Industry Award already has a developed career path and any changes
to the structure in that Award will be to improve on the existing career path.
The State working group will consult and liaise with any Federal Award working
parties where
appropriate.
(4) The
parties accept that training in the non-trade, trade and post-trade areas is
broadening and changing and commit themselves to assist in developing agreed
training modules and courses within the structures provided by the State
Employment Skills Development Authority (S.E.S.D.A.) (when operative) and the
appropriate training board or any other agreed accredited body/authority. In
this context the parties note that this is a priority issue in the electronics
industry where it is agreed that training currently available falls well short
of the needs of the
industry.
(5) The
parties state that award restructuring should not be used as a vehicle for job
shedding. On the contrary, through improved industry competitiveness, award
restructuring should enhance job
security.
(6) (a) The
parties agree to discuss all structural efficiency measures and are committed to
modernising the terms of the award so that it provides for more flexible working
arrangements, improves the quality of working life, enhances skills and job
satisfaction and assists positively in the restructuring
process.
(b) It
is the employers' position that issues may emerge in negotiations for
modernising the Award that will require consideration, negotiation and/or
arbitration.
(c) It
is the Union's position that specific structural efficiency measures will be
negotiated between the relevant Unions and the employers and will be implemented
only when final agreement is
reached.
(7) The
parties agree that structural efficiency measures are not a repeat of the second
tier exercise and note that proposals for change should not be approached in a
negative cost cutting
manner.
(8) In
the transition from the old classification structure to any new structure that
may be developed and to avoid disputation on future reclassification the
following principles and procedures should apply
-
(a) Employees
will transfer to any new classification structure without loss of pay in
accordance with a schedule agreed between the parties which will "line-up" the
old classifications with any new
levels.
(b) In
the event that there is a claim for reclassification by an existing employee to
a higher level under any new structure on the ground that the employee possesses
equivalent skill and knowledge gained through on the job experience or on any
other ground the following principles apply
-
(i) the
parties agree that the existing award disputes avoidance procedure shall be
followed;
(ii) agreed
competency standards shall be established by the parties in conjunction with
T.A.F.E. and S.E.S.D.A. (when operative) for all levels in any new
classification structure before any claims for reclassification are
processed;
(iii) an
agreed authority such as T.A.F.E. and S.E.S.D.A. (when operative) shall test
the validity of any employee's claim for
reclassification.
(c) Reclassification
to any higher level shall be contingent upon such additional work being
available and required to be performed by the
employer.
(9) Adult
apprenticeships will be an integral part of any restructured award
classification
structure.
(10) Consistent
with the A.C.T.U.'s undertaking to the National Wage Case decision and in
accordance with the State Wage Case decision employees shall perform a range of
duties including work which is incidental or peripheral to their main trades or
functions, subject to safety requirements and the individual's competency to
perform the work. However, such incidental or peripheral work shall not have
effect of de-skilling either individual employees or
classifications.
(11) The
parties recognise that for industry restructuring to be effective the process
must be on-going, particularly in respect to training. However, it is
acknowledged that prior to the second monetary amounts referred to in the
September 1989 State Wage Case being available the parties will have
demonstrated significant progress in award restructuring by agreed award changes
being made.
FOURTH SCHEDULE - NAMED PARTIES TO THE AWARD
Union
Parties
Communications,
Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers
Union of Australia, Engineering and Electrical Division, Western Australian
Branch.
The
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of
Workers - Western Australian
Branch.
APPENDIX
- S.49B - INSPECTION OF RECORDS
REQUIREMENTS
(1) Where
this award, order or industrial agreement empowers a representative of an
organisation of employees party to this award, order or industrial agreement to
inspect the time and wages records of an employee or former employee, that power
shall be exercised subject to the Industrial Relations (General) Regulations
1997 (as may be amended from time to time) and the
following:
(a) The
employer may refuse the representative access to the records if:
-
(i) the
employer is of the opinion that access to the records by the representative of
the organisation would infringe the privacy of persons who are not members of
the organisation;
and
(ii) the
employer undertakes to produce the records to an Industrial Inspector within 48
hours of being notified of the requirement to inspect by the
representative.
(b) The
power of inspection may only be exercised by a representative of an organisation
of employees authorised for the purpose in accordance with the rules of the
organisation.
(c) Before
exercising a power of inspection, the representative shall give reasonable
notice of not less than 24 hours to an
employer.
(16) Any
employer or organisation bound by or party to this award/order/industrial
agreement may apply to the Western Australian Industrial Relations Commission at
any time in relation to this
clause.
**
end of text **