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Tenth Annual Report of the Chief Industrial Commissioner of the Western Australian Industrial Commission pursuant to section 54, subsection (3) (b) of the Industrial Arbitration Act, 1912-1971.

For period 1st July, 1972 to 30th June, 1973.

TO THE HON. J. J. HARMAN, M.L.A., MINISTER FOR LABOUR

My Dear Minister, I have the honour of presenting to you the following report on the

operations of the Commission under the Industrial Arbitration Act, 1912-71. As in previous years it is deemed appropriate to include reference to the Industrial Appeal Court, Industrial Magistrates and such other matters of importance which arise out of the provisions of the Act.

1372 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [21 November, 1973.

THE WESTERN AUSTRALIAN

INDUSTRIAL APPEAL COURT

The Court, during the year under review, was constituted as follows. Mr Justice Burt (President), Mr Justice Wickham and Mr Justice Wallace, members thereof.

Matters dealt with during the period under review were as follows:—

Appeals from Decisions of Industrial Magistrates 5

Withdrawn 2

Allowed 2

Pending 1

Appeals from Decisions of Commission in Court Session .... 3

Dismissed 2

Pending 1

THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION

A review of the operations of the Commission as displayed by the statistical records exhibited in this report will reveal that the previously expressed policy of the Commission has been followed, but where necessary in particular circumstances policy has been adapted to meet the demands of the time.

The practice of the Commission moving to areas of disputation in the endea- vour to grant parties the benefit of "on site" understanding and to further inform the Commission of the variation of and changes in industry and industrial relationship of parties involved in industry has been maintained.

When possible the policy of allocating matters to Commissioners according to the industry involved has been pursued and it is my firm belief that the greater degree of consistency in the approach to individual industries sought to be achieved by policy is in fact being achieved through the discussions and consequential orders and awards of the various Commissioners.

21 November, 1973.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1373

The instances of compulsory conferences being requested by parties to awards and agreements have increased and, as in previous years, the Commission has supphed "private arbitrators" to parties on many occasions.

The facilities of the Commission have been used on innumerable occasions by members of the Commonwealth Conciliation and Arbitration Commission, and the previously adopted practice of entering into discussion with visitors upon the experiences being gained by them and the members of this Commission has been continued to mutual advantage.

It is to be noted that this report is the tenth compiled pursuant to the provisions of the Act and that the tenor is not greatly different from that of its predecessors, except that I believe it is time that an expression of opinion upon a matter of restriction of jurisdiction imposed by the Statute be included in the Report.

The restriction upon which I comment is that which prevents the Commission from providing for any order of the Commission to be given retrospective effect. Many instances have been brought to the notice of the Commission when, in my opinion, the benefits of conditions and wage rates expressed in orders would be more justly granted to workers if such orders were capable of being retrospectively applied. Many workers, subject of awards of this Commission, now have their wage rates directly related to rates granted to like workers subject of awards of

other Commissions and wage fixing authorities. That those workers should be prejudiced in time in the achievement of benefits in rates of wages appears to be inequitable. If the Act allowed the Commission to make orders to grant retro- spectivity in respect of benefits claimed for workers and thus avoid any prejudice which might be sustained through delay in processing of claims, some of the causes for disruption of industry would be overcome. It is pertinent to observe that other wage fixing authorities have the jurisdiction to make orders affording retrospective application of decisions.

The activity of union members in some parts of the State indicates that much more might be expected to occur in the industrial relations arena in respect of the settling of industrial disputation by means of "collective bargaining". It is becoming apparent in some districts and work places that the central power of unions is not being exercised to require its members to act only through the office of the union itself. That on site committees are assuming a greater authority and becoming more vociferous than in previous years is undoubtedly true. Whether such movement of authority from the central body to the "on site" committees is a policy of unions or not does little to change the fact. Equally it is undoubtedly true that some employers have elected to deal with "on site" committees in place of central union officers and the results of those elections have been the drawing up of agreements to meet particular circumstances then arising.

It is in this sometimes confused situation of authority that the Commission is at times required to act and the skill of the Commissioner at the time is shown to best advantage through the intimate knowledge he has gained in the industry concerned and in his understanding of and patience in dealing with employer and workers and the organisations and unions to which they belong.


Boards of Reference .... .... 7

Compulsory Conferences .... .... 123

Matters referred 20

Applications—

Shortening of time for answers .... 9

Extension of time for answers .... .... 1

Joinder of parties 2

Apprenticeship—

Cancellation of registration apphcations 25

Objections to registration .... 3

Shortening of term .... .... 397

Completion of agreements 10

Extension of term .... 2

Recommendation of examiners for cancellation or extension 113

Suspension of agreements 35

Total .... 1,477

Matters outstanding at 30th June, 1973 .... 199

PENALTY PROVISIONS OF ACT

Details of proceedings which resulted in the apphcation of penalties are as follows:—

Before Industrial Magistrates—

1/2/64 to

30/6/72

1/7/72 to

30/6/73

By industrial union of workers against employers—

Number of complaints 684 69

Fines $9,545.90 $1,425.00

Costs $2,450.58 $370.00


By industrial union of workers against workers- -


Fines $3,532.00 $488.00

Costs $794.82 $160.08

By employers against workers—

Number of complaints 16 Nil

Fines $455.00 Nil

Costs $16.28 Nil

By Industrial Inspectors against employers—


Fines $150.00 $19.00

Costs $108.10 $6.90

Breach of Act—


Fines $610.00 $150.00

Costs $46.20 $153.72

Before the Western Australian Industrial Appeal Court—

By employers against unions—

Number of applications 6 Nil

Fines $1,450.00 Nil

Costs $265.00 Nil

Dismissed 3 Nil

By union against employer—

Number of applications 1 Nil

Fines Nil Nil

Costs Nil Nil

137! WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [21 November, 1973.

APPRENTICES

Visitations have continued to be made by members of the Commission to several metropolitan and country technical colleges, schools and centres and whenever possible Commissioners and the Industrial Registrar have attended functions arranged by the colleges or schools and by employers for the purpose of recognizing achievements by students and apprentices in training.

The cordial relations with the Technical Education Division of the Education Department have continued to flourish and I am pleased to record my appreciation of the work done by and the co-operation existing with all members of that Division.

Further appointments of apprenticeship officers have been made and the effect of the scheme is commencing to be felt. Apprentices, their parents and employers now have the ability to turn to an expert in particular trades for guidance in respect of the training in apprenticeship, and the records kept show that the service offered through the apprenticeship officers is being sought in many parts of the State and in an increasing number of trades.

During the currency of the year the subject of this report, the Apprenticeship Regulations have been revised and re-issued in the form of the 1972 Regulations. The Apprenticeship Advisory Council was informed of the proposed regulations and meetings between representatives of that body and members of the Commission were held prior to finalisation of the Regulations which were published in November 1972.

It is clear that dramatic changes have taken place and are continuing to take place in society in many different aspects of communal living and no less so in the field of apprenticeship training and the administration of that undertaking. It was with those circumstances in mind that I have written to the Chairman of the Apprenticeship Advisory Council requesting him to have the Council consider and recommend upon the desirability of constituting an Apprenticeship Authority which might become a self-contained and self-administrative body, even to the extent of being constituted pursuant to an Act of Parliament. The recommendation of the Council will have great bearing upon the future of the administration of and practical application in the wide and important field of apprenticeship training in West Australia.

The following indicates the number of apprentices registered at the 30th June, 1973, compared with the 30th June, 1972. Figures for two of the larger sections of industry are also shown.

Numbers as at

Apprentices— 30/6/72 30/6/73

All trades 10,840 10,230

Metal trades (including electrical trade) .... 5,283 5,186

Building trades 1,926 1,761

The total intake of apprentices for the year ended the 30th June, 1973, was 2,867 compared with the total intake for the previous year of 2,916, representing a decrease of 49 new registrations.


The total number of apprentices completing their terms for the current year was 2,431 compared with the figure of 2,345 for the previous year—an increase of output of 86.

The Assistant Registrar held 12 conferences in connection with complaints from employers relating to behaviour of apprentices. All parties to the Apprentice- ship Agreement in each case and representatives of the appropriate unions were invited to attend the conferences.

APPRENTICESHIP ADVISORY BOARDS

Shorter Apprenticeship Terms—

Apprentices presently registered on shorter terms:—

4 year terms (including 3i year terms) .... 4,879

3 year terms (including registrations following pre-apprenticeship training) 337

5,216

Number of apprentices registered for the basic term and reduced by Order of the Commission:—

1965-1972 2,270

1973 516

2,786

Taking as a base the statistics considered by the Fact Finding Committee

as at June, 1963, the improvement in the position regarding apprenticeships over a period of ten years is as follows:—

For Twelve Months Ending Increase

30th June per cent

Intake 1963—1,863 : 1973— 2,855 53-9

Out-turn 1963—1,065 : 1973— 2,431 128-2

Stock 1963—6,218 : 1973—10,230 64-5

CERTIFYING SOLICITOR

Certificates issued by the Certifying Solicitor re rules of unions—

Certificates re amendment of rules 21

Certificates re amalgamation of unions 3


APPLICATIONS FOR EXEMPTION FROM UNION MEMBERSHIP

One hundred and seventy-four applications were dealt with during the year. The Assistant Industrial Registrar approved of ninety-seven, sixty-one were

either withdrawn or allowed to lapse and sixteen are pending.

NUMBER OF AWARDS AND INDUSTRIAL AGREEMENTS IN FORCE

30/6/72 30/6/73

Awards 396 395

Industrial Agreements 134 142

INDUSTRIAL MAGISTRATES

The following Stipendiary Magistrates have exercised jurisdiction as Industrial Magistrates during the period under review:—

W. A. Petterson, J. M. Forrest, P. J. Sharkey, C. N. Boys and T. R. McGuigan.

NUMBER OF UNIONS AND MEMBERS

30/6/72 30/6/73

Unions of workers 97 92

Unions of employers 13 13

Aggregate membership (workers) .... 150,910 157,175

Aggregate membership (employers) 1,908 1,777

LONG SERVICE LEAVE

Special Boards of Reference

Disputed claims under Long Service Leave Act and awards .... 18

Upheld 7

Dismissed 6

Withdrawn 5

WORK STOPPAGES

The following is a summary of stoppages involving approximately one day or more by workers coming within the jurisdiction of the Commission as notified to the Commission. Workers employed under the provisions of Federal awards may be included in some of the matters listed hereunder.

T , , ^ . Workers Time Lost Industry and Date Subject Matter of Dispute Involved Actual Man

Days Days Mining—Western Mining Corporation, Kam- Pay dispute .... 730 1 730

balda; 21/6/72 to 1/7/72 Mining—Hamersley Iron Pty. Ltd., Tom Price; Demarcation dispute 36 1 36

26/6/72 to 2/7/72 Building and Constuction—various contractors Pay dispute 218 2-5 545

—Western Mining's nickel smelter site, 18 2-5 45 Boulder; 27 /7 /72 to 31 /7 /72 and 27 /7 /72 to 31/7/72 590


Industry and Date

Engineering and Metals—P.H.R. (W.A.) Pty. Ltd., Perth; 6/7/72 to 11/7/72

Engineering and Metals—various employers, Perth Metropolitan area; 7 /7/72 to 11/7172 and 25 /7/72 to 31/7 /72

Food, Drink and Tobacco—Peters Foods (W.A.) Pty. Ltd., Poultry Processing Division, Poultry Wholesalers, Perth Metropolitan area; 11/7/72 to 12/7/72

Mining—Western Mining Corporation, Kam- balda; 12/7/72 to 20/7/72

Mining—Mt. Newman Mining Co., Port Hed- land; 17/7/72 to 18/7/72

Mining—Goldsworthy Mining Corporation, Finucane Island; 17 /7172 to 20 /7 /72

Stevedoring—Harbour & Light Dept., Broome; 8/8/72 to 10/8/72

Maritime—Port of Fremantle; 22/8/72 to 22/8/72

Building and Construction—Various employers, Perth Metropolitan Area; 1 /8172 to 9 /8172

Engineering and Metals—Vickers Hadwa Pty. Ltd., Bassendean; 11/8 /72 to 17 /8 /72

Mining—Dravo Pty. Ltd., Cape Lambert; 18/8/72 to 23/8/72


Workers Time Lost Subject Matter of Dispute Involved Actual Man

Days Days

Site conditions 36 2-2 79-2

Reduction in over-award pay- 550 1-75 962-5 ments 700 4-5 3,150

4,112-5

Wage claim 250 1 250

Better working conditions and 300 6 1,800 increased benefits

Demarcation dispute 613 1 613

New roster system and accom- 110 3-5 385 modation facilities

Number of men required to 34 2 68 work small rig service vessel

Protest against Spanish Govt 500 •25 125

Pay dispute 200 5 1,000 4" + +

500 7 3,500

4,500

Pay dispute 120 5 WO

Dismissal of a fellow worker .... 165 4-5 536-5 + 4" +

165 3-5 701-5

1,238-00

Communication routines 30 1-25 37-5 + 1-75 262

Mining—Goldsworthy Mining Corp., Finucane Island; 17/8/72 to 18/8/72

Mining—Forwood Down Pty. Ltd., Kambalda; 28/8/72 to 31/8/72

Mining—Mt. Newman Mining Co., Hamersley Iron Pty., Bell Bros. Pty. Ltd., Tenada Mining Co., Geraldton; 21,24 and 30 /8 /72 to 31 /8172

Engineering and Metals—Vickers Hoskin, Tom- linson Steel, Dillingham Shipyards, W.A. Pty. Ltd. and various other employers, Perth Metropolitan area; 1/8/72 to 9/8/72

New roster system, improved accommodation facilities Dismissal of three men

Demarcation dispute

Reduction in over-award payments

130 2

100 3

7 7 7 8

35 10 20 9-5 30 1 18 n

117

200 5 + 500 8

Maritime—^Adelaide Steamship Co., Port Hed- land; 3/9/72 to 4/9/72

Building and Construction—Lanceco Pty. Ltd., Kalgoorlie; 11/9172 to 13 /9 /72

Building and Construction—Tileman Australasia Pty. Ltd., Kwinana; 20/9/72 to 28/9/72 and 28/9/72 to 30/9/72

Engineering and Metals—State Engineering Works, North Fremantle; 12/9172 to 1519172

Change in roster

Over-award payments

Recognition of work performed

Dismissal of an employee

13: 12 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [21 November, 1973.

Industry and Date

Mining—Forwood Down; 1 /9/72 to 4/9/72 .... Mining—Mt. Newman Mining Co., Port Hed-

land; 11/9/72 and 12/9/72 to 22/9/72. Hamersley Iron Pty. Ltd., Mt. Tom Price; Goldsworthy Mining Co., Dampier and Finu- csme Island; 19 /9 /72 to 21 /9 /72

Mining—-S. Kilpatrick Green Pty. Ltd., Kal- goorlie; 27 /9 /72 to 29 /7 /72

Stevedoring—Harbour & Light Dept., Cape Lambert; 3/10/72 to 4/10/72

Stevedoring—Seatainer Terminals Ltd., North Fremantle; 5/10/72to 10/10/72

Stevedoring—Harbour & Light Dept., Broome; 5/8/72 to 16/8/72 and 13/9/72 to 15/9/72

Building and Construction—Tileman (Austral- asia) Pty. Ltd., Kwinana; 6110/72to 13/10/72

Building and Construction—Hyundai Construc- tion Co., Bunbury; 6/10 /72 to 13110 /72

Transport—W.A.G.R. Forrestfield Depot; 16/10/72 to 17/10/72

Other Industries—Co-operative Bulk Handling, North Fremantle; 9/11/72 to 14/11/72

Mining—Western Mining Corp., Kambalda; 13/11/72 to 15/11/72

Mining—Cliff's Mining, Pannawonica; 8/11/72 to 9/11/72

Building and Construction—S.E.C. Power Station, Kwinana; 10/11/72 to 13/11/72

Maritime—Mitsui Construction Co., Cape Lam- bert; 8/11/72 to 9/11/72

Mining—Mt. Newman Mining Co. Pty. Ltd., Mt. Newman and Port Hedland; 22/11 /72 to 24/11/72

Mining—Hamersley Iron, Tom Price; 6/12/72 to 7/12/72

Mining—Western Mining Corporation, Kam- balda; 6/12/72 to 7/12/72

Transport—Oil Companies; 8/12/72 to 9/12/72 and 12/12/72 to 13/12/72

Mining—Lake View and Star Ltd., Kalgoorlie; 5/1/73 to 23/1/73


Mining—Mt. Newman Mining Co., Mt. New- man; 18/1/73 to 19/1/73

Perth Area Transport—T.W.U. (State Award); 31/1 /73 to

9/2/73 Kwinana Building and Construction—A.B.C.E.F.; 2 /2 /73

to 7/2/73 Building and Construction—E.T.U. and various;

6/2/73 to 7/2/73 Maritime—F.P.A., Fremantle; 13/2/73 to

14/2/73

Subject Matter of Dispute

Dismissal of three men Dismissal of employee

Workers Time Lost

Provision of transport

Delay in opening of registrations

Claim for a 35-hour week

Series of related strikes

Recognition of work performed

Objection to company directive

Living-away-from-home allowance

Shift rosters

Dispute over overtime

Proposal to alter shift hours ....

Service pay

Fight between union members

Dismissal of local secretary F.E.D.F.U.

Dispute over work procedures....

Dispute over pay

Dispute over pay negotiations....

Bonus scheme

Demarcation

Leave

Conditions (Safety)

Pay

35-hour week ....

Involved Actual Man Days Days

115 3 345 75 10 750

+ 9 108 12 11,817

+ 1,313 9

+ 600 2 1,200 + 134 2 268 + 250 2 500

2,384 14,643

20 1-5 30

20 1-00 20-00

50 5 250

37 10-5 388-5 24 1-5 36-00 10 11 110

30 6 180

19 1-43 27-17 2 1 2

51 2 102 1 1-43 1-43 1 Ml 1-11 1 1 1

15 1-25 17-75

152-46

60 5 300

180 1-5 270 200 2 400

56 1 56

62 1 62

75 1 75

75 3 225 75 2 150

500 1 500

200 1 200

200 1 200 220 1 220

80 12 960

90 3 270 650 2 1,300

1,000 1 1,000

1,100 3 3,300 300 7 2,100

65 5 325

120 1 120

262 1 262


Industry and Date

Mining—Cliffs Mining, Cape Lambert; 19/2 /73 to 21/2/73

Mining—Cliffs Mining, Pannawouica; 10/2 /73 to 13/2/73

Maritime—Ship " Iron Spencer " Kwinana; 27/2/73 to 28/2/73

Engineering and Metals—State-wide various lift installation and maintenance Co.'s; 6 /3 /73 to 7/3/73 and 16/3/73

Workers Time Lost Subject Matter of Dispute Involved Actual Man

Days Days Conditions 120 2 240

Conditions 66 3 198

Wages 7 1 7

Wages and conditions 100 1 100 100 11 1,100

Mining—Goldsworthy Mining Co., Shay Gap; 8/3/73 to 9/3/73

Mining—Goldsworthy Mining Co., Goldsworthy; 13/3/73 to 15/3/73

Maritime—P.P. A. Clerks, Fremantle; 14/3 /73 to 15/3/73 and 28/3/73 to 29/3 /73

Food issue 139

Standing down of worker .... 66

171% loading on annual leave, 100 50% unused sick leave 100

Other Industries—H. L. Brisbane & Wunderlich, Belmont /Caversham; 20 /3 /73 to 26 /3 /73 and 22/3/73 to 26/3 /73

Supplementary payments scheme

Stevedoring—F.P.A., Fremantle; 16/3 /73 to 22 /3 /73 and 19 /3 /73 to 22 /3 /73

Building and Construction—Frankipile Co., Kwinana; 19/3 /73 to 29 /3 /73

Food, Drink and Tobacco—Southern Meat Packers Abattoirs, Katanning; 23/3/73 to 27/3/73

Mining—Hamersley Iron Pty. Ltd., Paraburdoo; 23 /3/73

Mining—Goldsworthy Mining Co., Port Hed- land; 27/3 /73 to 29/3/73

Stevedoring—Port of Broorne, Broome; 26 /3 /73 to 27/3/73

Mining—Goldsworthy Mining Co., Goldsworthy; 27/3/73 to 28/3/73

Mining—Goldsworthy Mining Co., Shay Gap; 28/3/73 to 30/3/73

Other Industries—C.S.B.P. and Farmers Pty. Ltd., Kwinana; 25 /3 /73 to 26/3/73

Mining—Mt. Newman Mining Co., Port Hed- land and Newman; 29/3/73

Engineering and Metals—Various Lift Installation and Maintenance Co., State wide; 16/3/73

Other Mining—Various Off-shore Oil Drilling Go's., North West; 29/3 /73 to 19/4/73

Mining—Mt. Newman Mining, Port Hedland and Newman; 29/3/73 to 12/4/73

Other Manufacturing—S.E.C. Power Station, Kwinana; 6 /4 /73 to 10 /4 /73

Other Manufacturing—S.E.C. Power Station, Kwinana; 13/4/73 to 16/4/73

Engineering and Metals—Weslralian Trans- formers, Perth; 1 /5/73 to 9/5i73

Building and Construction—Sabcmo, Kwinana; 11/5/73 to 28/5/73

Engineering and Metals—Various Lift Installation and Maintenance Go's., State-wide; 16/3 /73

Mining—Goldsworthy Mining Co., Finucane Island; 15/5/73 to 17/5/73

Other Industries—District Hospital, Port Hed- land; 24/5/73 to 27/5/73

Mining—Cliffs Mining, Cape Lambert; 28/5/73 to 1/6/73

Safety conditions

88

7 2

700 2,200

2,900

Safety issue 100 8 800

Wage claims 80 2 160

Improved Community Medical Services

Demotion of Loco' Driver ....

360

60

7

2-5

2,520

255

Dispute over port quota 41 1-5 61

Dismissal of worker 130 1 130

Sympathy re demotion of Port Hedland Loco' Driver

30 2 60

315

Wage claims 30 1 30

Wages and conditions 900 2-5 2,250

Wages and conditions 100 18 1,800



Disability allowance 50 4 200

Demotion 102 3 306

Wage claim 115 7 805

Over-award payments 170 15 2,550

Wage claim and conditions ... 100 24 2,400

Safety issue 150 2-5 375

General grievances and demotion of supervisor

Conditions

100

392

3-5

4

350

1,568


Workers Time Lost Industry and Date Subject Matter of Dispute Involved Actual Man

Days Days

Building and Construction—Fluor Aust, Tom Retrenchment of boilermaker 47 3 141 Price; 29/5/73 welder

Mining—Goldsworthy Mining Co., Mt. Golds- Various claims 125 5 625 worthy; 27/5/73

Maritime—Broome Wharf Authority at Burma Employment of casual labour.... 64 6 384 Oil Drilling Company, Broome; 15/6/73 to 20/6/73

Building and Construction—Fluor Aust. Ltd., Living out allowances .... 267 8 2,136 Dampier; 11 /6 /73 to 20 /6 /73

Mining—Port Hedland; 21/6/73 to 26/6/73 .... Safety issue 130 4 520

Transport—Swan Way Co-operative, Metropoli- Various claims by lease drivers. 100 1 100 tan Area; 23/6/73 to 24/6/73 and 28/6/73 Dismissal of Union Secretary 100 3 300

400

Building and Construction—Taylor Woodrow, Over-award payments 17 2-5 42-5 Port Hedland; 28/6/73

Mining—Pioneer Quarries, Herne Hill; 29/6/73 Conditions and over-award pay- 8 1*5 12 ments

Engineering and Metals—Various Lift Installation Wages and conditions .... 100 1 100 and Maintenance Go's., State-wide; 16/3/73 to 4/6/73

Building and Construction—Fluor Aust., Tom Retrenchment of Boilermaker/ 47 3 141 Price; 29/5/73 to 4/6/73 Welder

Engineering and Metals—Western Mining Cor- Insufficient relief staff 100 5 500 poration, Kwinana; 4/6/73 to 9/6/73

Mining—Western Mining Corporation, Kam- Interpretation of agreement re 200 6 1,200 balda; 1 /6 /73 and 4 /6 /73 to 8 /6 /73 piecework rates 650 4 2,600

3,800

Mining—Goldsworthy Mining Co., Mt. Golds- Various claims 125 4 500 worthy; 27/6/73 to 5/6/73

Maritime—Various private firms and State Demands for 35-hour week 100 1 100 Government Authorities, Fremantle; 8/6/73 adopted in principal to P.P. A. 20 2 40 to 1116m, 12/6/73 and 14/6/73 and State Govt. workers to be 80 4 320

granted in practise. Demands for private employers 35-hour 4®) week; 4 weeks annual leave; 17J% holiday pay. Load and other benefits enjoyed by State Government employees

BASIC WAGE

On 5th June the Commission delivered its judgment following the review of the basic wages prescribed for both male and female workers. That judgment varied the basic wages so as to read adult male workers $44.00 per week and adult female workers $36.00 per week. At the same time the awards containing provision for "Minimum Wage" were amended to prescribe that wage as $57.00.

It was made known to the bodies referred to in Part VII of the Act that the Commission would cause an Inquiry into the basic wage for male and female workers, and those bodies were afforded the opportunity to study the Final Report on the Income and Expenditure Survey, 1972, conducted and prepared by WAIT Aid Limited at the request of the Commission.

I record my thanks to the persons connected with the Survey and to the many members of the public who afforded information both personal and concerning their households which enabled the survey to be concluded.

Because this report concerns the business of the Commission for the year ending 30th June, 1973, it is not appropriate for me to offer comments upon the Survey and the Final Report, and it is my intention to formally report upon it in my next Annual Report.


I express the gratitude of the Commission to the Government for its co- operation in making the undertaking of the Survey financially possible. I have little doubt that the experience gained and the information obtained will be of benefit to all concerned in the processing of statistical information, the conduct of investigations into community behaviour, and the assessment of needs of workers in the community.

CONCLUSION

The continuing loyalty and dedication to service of the Industrial Registrar and his Staff is reported to you with my commendation. The Commission recog- nizes and records with gratitude the prompt and efficient service rendered by the staff of Spark and Cannon.

I express my sincere gratitude for the unrestricted efforts made by my fellow Commissioners in the assistance they have given to me in the conduct of the business of the Commission, and for the unswerving dedication to the duties and responsibilities cast upon each of them in the office they each hold and fulfil to the benefit of the State.

24th August, 1973.

B. M. O'SULLIVAN,

Chief Industrial Commissioner.


APPEALS TO COMMISSION

IN COURT SESSION—

Against Decision of

Commission—

MEAT INDUSTRY. (Sausage Casing Manufacturing.)

Award No. 9 of 1972.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMISSION.

No. 1131 of 1973 Between West Australian Branch, Austra-

lasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Appellant, and Australian Casing Com- pany, Respondent.

Before the Commission in Court Session. Mr. Commissioners E.R. Kelly, B.J. Collier

and G. G. Halliwell. The 11th day of October, 1973

Mr. M. E. Burns on behalf of the appellant. Mr. G. R. Gillies on behalf of the respond-

ent.

Judgment.

MR. COMMISSIONER KELLY: This is the unanimous decision of the Commission in Court Session.

This is an appeal pursuant to section 108C of the Industrial Arbitration Act from an award of the Commission constituted by the Chief Industrial Commissioner wherein the Commission in making a new award for the Sausage Casings Industry refused a claim for unlimited accumulation of unused sick leave entitlements and awarded instead an accumulative period of five years (53 W.A.I.G. 1105).

The appellant union was the applicant in the proceedings now under appeal, and appeals against the Commission's decision on the following grounds:—

(1) The award replaced did not contain the provision limiting leave credits.

(2) The grounds for the Commission's decision are false.

(3) The references used by the Commis- sion are not relative to the subject matter.

and the appellant asks that the award be varied by deleting from clause 17(4)—i.e., the subclause which permits sick leave to accumulate from year to year—the proviso limiting such accumulation to a maximum of five years.

An appeal under section 108C is by paragraph (a) of subsection (5) of that section to be heard and determined upon the evidence and matters raised in the original proceedings, and for an appeal to succeed it must he shown that upon that evidence and those matters the course followed by the Commission in the original proceedings was not "in accordance with the substantial merits of the case" (46 W.A.I.G. 483 at p. 488, 9).

Before dealing with the grounds of appeal we turn therefore to examine the matters which, in relation to the part of the award now under appeal, were before the Commis- sion in the original proceedings.

Pages 18 and 19 of the appeal book reveal that subclauses (1), (2) and (3) of clause 17 were claimed by the applicant/appellant in the terms of the then existing award, and that the respondent agreed to those subclauses as claimea. None of those provisions referred to accumulation and subclause (1) specifically limited payment for absence through ill-health to one week in each calendar year. Subclause (4) as claimed by the union was in these terms—

(4) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been allowed to any worker by his employer as paid sick leave, may be claimed by the worker and, subject to the conditions hereinbefore prescribed, shall be allowed by his employer in any subsequent year without diminution of the sick leave prescribed in respect of that year.

No provision of that kind appeared in the then existing award, and it may be seen from page 19 of the appeal book that the respondent objected to the inclusion of that provision.

In the award made by the Commission, the union's claim was allowed but with the addition of a proviso in these terms—

Provided that sick leave which accumulates pursuant to this subclause shall be available to workers for a period of five years but no longer from the end of the year in which it accrues.

In the light of the foregoing facts it may readily be seen that the first ground of appeal, namely, that "the award replaced did not contain the provision limiting sick leave credits" simply states what was the fact, but it is also quite clear that that fact does not advance the appellant's case, for it is no less the fact that the award replaced did not contain any provision permitting sick leave credits to accumulate at all. Somewhat surprisingly, however, both the advocate for the applicant and the advocate for the respondent in the

21 November, 1973.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 138'

original proceedings appeared to think that the previous award did allow for unlimited accumulation of sick leave. Mr. Burns, at page 17 of the transcript of those proceedings, said—

... It doesn't appear to me that at the present time there is any accumulation limitation in the award that is in operation at the present time. What the union seeks here is to spell it out in subclause (4) so that it is quite clear that sick leave may accumulate from year to year,

and Mr. Gillies at page 58 of that transcript, said—

. . . The union seeks in its claim a provision for continuous accumulation of sick leave. Legally, my understanding of the present award provision is that it provides that very thing except that the union desires a perhaps clearer provision to apply when this award is completed.

Be that as it may, on the advice tendered to the Commission in those proceedings by Mr. Bums, the respondent had never allowed sick leave to accumulate, but when a worker took his annual leave had made a cash payment for "untaken sick leave credits". That practice, so it was said, had ceased at the end of 1972 "because of the question of legality, so far as the worker being able to make a further claim on the employer if he were sick".

Mr. Gillies told the Commission that he was aware of the situation mentioned by Mr. Bums, but he said, "I think he was possibly talking about an over-award payment which they received rather than an application for a sick leave clause to be applied where no absence occurs", and he went on to say "but as Mr. Bums has indicated to you, it doesn't apply at this point of time".

No evidence was called on the point and no finding as to the foregoing matters appears in the reasons for decision of the Commission, from which we conclude that the Commission treated it as irrelevant. We find in that circumstance no reason to differ from the decision, for the payment of an annual bonus equivalent to unused sick leave credits is not at all the same thing as the allowance of a substantial period of paid leave perhaps many years after the sick leave entitlement first accrued. Moreover, we do not consider that the respondent should be, or have been prejudiced, merely because he acted on erroneous advice as to his obligations under the previous award. The matter may have appeared in a different light if such advice had been acted on by allowing accumulative sick leave for a considerable time prior to the proceedings, but that was not the case. 32585—2

For the foregoing reasons we find no substance in the first ground of appeal.

As mentioned during the hearing of this appeal we were at first inclined to believe that there was substance in the second ground of appeal, but on a careful reading of the Com- mission's judgment, the relevant portion of which is set out hereunder, it is clear that the Commission applied to the claim for accumulative sick leave the same reasoning as Cort C. had applied to a claim for two weeks' sick leave in the Anchorage Award earlier this year. Having stated that the union, in the proceedings now under appeal, had relied on the fact that accumulative sick leave was prescribed in "recently issued awards in the meat industry covering workers at the Midland Junction and Robbs Jetty Abattoirs" the Commission went on to say—

It is clear that the provision in the two awards abovementioned reflect an accept- ance of the standards applicable with respect to Government employees. Indeed such reflection is clear from the judgment of Cort C. in the cases of those awards where he said—

This clause has been drawn in the form offered by the employer to reflect recently introduced conditions applicable to Government employees generally. (53 W.A.I.G. at P. 101.)

But the prescription was not made in the Anchorage Award and it is pertinent to quote Cort C. in his judgment upon the matter when he said—

... No attempt was made to show that the present prescription is insufficient to meet the needs of the average worker, and the administrative action taken by the Government with respect to its employees is not, of itself, reason to grant the claim. (53 W.A.I.G. at p. 112.)

I adopt the words of Cort C. as they relate to a claim for unrestricted accumulation of the leave, but I am of opinion that an accumulation of the leave should be permitted. In view of the practice being adopted to permit an accumulation of the leave for a period of five years, I propose to prescribe, as I have recently prescribed for the benefit of workers subject of the Frozen Foods Award, an accumulation for a period of five years . . .

We are satisfied beyond doubt that in the sense intended by the second ground of appeal the grounds for the Commission's decision were not false and we accordingly reject that ground of appeal.

In turning to the third ground of appeal we mention that in awarding accumulative sick

131 18 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [21 November, 1973.

leave for a period of five years the Commission followed what has been the general practice of the Commission since 1965. The appellant does not dispute that the period of the accumulation allowed is in accordance with the Commission's general practice, but submits that matters were put to the Commis- sion which should have caused it to depart from that practice and which made the adoption of the judgment of Cort C. in- appropriate in the present case.

In that connection the appellant says that whereas Cort C. refused to extend to the Anchorage Award the additional sick leave which had been granted by consent in the two Government abattoir awards, the provision for accumulation sought in the sausage casings award is to be found in the Anchorage award as well as in those two Government awards. Moreover, the appellant says, the Commission was told that work of the same kind as that to which the sausage casings award applied is done by Anchorage Butchers whose employees engaged on that work are paid the rates prescribed in the sausage casings award but take their other conditions of employment, including sick leave, from the Anchorage award. Then, the appellant says, two of the three main establishments operated by the respondent are located at the Government abattoirs, and finally, that the other principal matters in dispute before the Commission in the original proceedings were decided by the Commision wholly or substantially by reference to the Abattoir awards. In that connection we have noted the opening submissions of the advocate for the respondent in which, at pp. 40-42 of the transcript of the original proceedings are to be found the following observations:—

The industry is one which is closely related to the abattoir industry, if I could use that term. It is subject to the same conditions as that industry, in that it works in a very close association with abattoir operations and other conditions that are unique in those industries, and you are no doubt, sir, well aware of those because of your close association with them. I talk particularly here of those conditions which govern stock availability, seasonal conditions and quality of the product—because without those three factors the operations of the Australian Casing Co. are very limited; hence, throughout the entire submissions I am going to put to you, those submissions are going to be closely related to the abattoir situation in terms of conditions of work and rates of pay, that the Commission should closely consider in determining those areas of the award in connection with which the parties are presently in dispute.

The principle followed by Cort C. in the abattoir cases was that administrative action taken by the Government with respect to its employees is not, in itself, cause for the Com- mission to take similar action with respect to employees in private industry. In the case now under appeal the Commission found that principle to be appropriate to the claim for accumulative sick leave. If it had been the case that the only circumstance supporting the claim for accumulative sick leave was the occurrence of such a provision by consent in the two government awards we would unhesitatingly endorse that finding, but, as the appellant has vigorously asserted, much more was involved than that, and it appears to us that the adoption of that principle by the Commission caused the Commission to treat as irrelevant factors which were com- pellingly in the applicant/appellant's favour. Once it is seen that the principle referred to by Cort C. is not appropriate in the circumstances of this case it is apparent that on the whole of the material before the Commission the applicant/appellant had a compelling case which in our view substantiates the third ground of appeal.

We are of the opinion that, the appeal should be upheld, and an order amending the award to that effect will issue.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION.

No. 1131 of 1973. Between West Australian Branch, Austra-

lasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Appli- cant, and Australian Casing Company, Respondent.

HAVING heard Mr. M. E. Burns on behalf of the applicant and Mr. G. R. Gillies on behalf of the respondents, in the matter of an appeal against a decision of Chief Commissioner, Mr. B. M. O'Sullivan relating to the Meat In- dustry (Sausage Casing Manufacturing) Award No. 9 of 1972 dated the 27th day of August, 1973, the Commission in Court Session, in pursuance of the powers contained in section 108C of the Industrial Arbitration Act, 1912-1971, doth hereby order—

That the appeal be allowed, and doth hereby further order—

That the award under appeal be amended in the following manner—

Clause 17.—Absence through Sickness: Delete subclause (4) and insert in lieu—

(4) Sick leave shall accumulate from year to year so that any balance of the period specified in


subclause (1) of this clause which has in any year not been allowed to any worker by his employer as paid sick leave, may be claimed by the worker and, subject to the conditions hereinbefore prescribed, shall be allowed by his employer in any subsequent year without diminution of the sick leave prescribed in respect of that year.

Dated at Perth this 11th day of October, 1973.

By the Commission in Court Session.

(Sgd.) E. R. KELLY, (L.S.) Commissioner.

MATTERS DEFERRED TO

COMMISSION IN

COURT SESSION—

Section 71 (r)—


No. 905 of 1973. In the matter of the Industrial Arbitration

Act, 1912-1971, and in the matter of an application by the Hospital Employees' Industrial Union of Workers, W.A. for amendment of Private Hospital Employ- ees Award No. 27 of 1971.

I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in paragraph (r) of section 71 of the abovementioned Act, do hereby refer to the Commission in Court Session for hearing and determination the whole of the abovementioned application.

Dated at Perth this 12th day of November, 1973.

(Sgd.) J. R. FLANAGAN, [L.S.] Commissioner.

AWARDS—DELIVERED—

TRANSPORT TRUST.

(Non-Traffic.)


No. 18 of 1973. Between the Australian Tramways and Motor

Omnibus Employees' Association, (Perth Branch), Industrial Union of Workers, Ap- plicant, and Metropolitan (Perth) Passen- ger Transport Trust, Respondent.

WHEREAS an industrial dispute existed between the abovenamed parties; and whereas the said dispute was referred to the Western Australian Industrial Commission for the purpose of hearing and determination; and whereas the parties subsequently met and conferred and have arrived at agreement on all matters in difference; and whereas the parties have this day appeared before Mr. Commis- sioner E.R. Kelly by their respective representatives and requested the said Commissioner to make the said agreement an award of the Commission: NOW, therefore, the said Com- missioner pursuant to section 65 of the Indus- trial Arbitration Act, 1912-1971, and all other powers therein enabling him hereby declares the memorandum hereunder written to have the same effect as and be deemed an award of the Commission.

Memorandum of Agreement. (Note: Wherever the word "award" occurs

herein it shall be taken to mean and include "agreement".)

1.—Title. This Award shall be known as the "Transport Trust

(Non-Traffic) Award 1973" and shall replace Award No. 44 of 1961 as amended.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Term. 4. Area. 5. Scope. 6. Board of Reference. 7. Contract of Service. 8. Guaranteed Week. 9. Definitions.

10. Apprentices. 11. Payment of Wages. 12. Wages. 13 Special Rates and Provisions. 14. Maximum Rate. 15. Under Rate Workers. 16. Mixed Functions. 17. Hours of Duty. 18. Overtime. 19. Sick Leave. 20. Holidays and Annual Leave. 21. Long Service Leave. 22. Temporary Change of Place of Employment. 23. Workers Obligations. 24. Complaints and Charges. 25. Protective Clothing and Equipment. 26. Records.


3.—Term. The term of this Award shall be for a period of three (3)

years from the date hereof. 4.—Area.

This Award shall operate over that portion of the State of Western Australia known as the South-West Land Division.

5.—Scope. This Award shall apply to all workers classified in

Clause 12 and employed by the Metropolitan (Perth) Pas- senger Transport Trust which is hereafter referred to as the Trust.

6.—Board of Reference. (1) The Commission appoints for the purposes of the

Award a Board or Boards of Reference. Each Board shall consist of a Chairman and two (2) other representatives, one to be nominated by the applicants to this Award and the other by the respondent. There are assigned to each such Board, in the event of no agreement being arrived at between the parties to the Award, the functions of—

(a) Adjusting any matters of difference which may arise between the parties from time to time, except such as involve interpretations of the provisions of the Award or any of them.

(b) Deciding any other matter that the Commission may refer to such Board from time to time.

(2) An appeal shall lie from any decision of such Board in the manner and subject to the provisions prescribed in the Industrial Arbitration Act, 1912-1971 and any amendments thereto, and the Regulations applying to such Act or amendments thereto.

7.—Contract of Service. (1) Except as elsewhere provided in this Award, em-

ployment shall be by the week. (2) Employment shall be terminated by a week's notice

on either side given at any time during the week or by the gayment or forfeiture of a week's wages as the case may

(3) By agreement between the Trust and the worker concerned, the notice or the payment prescribed herein may be varied either in whole or in part.

8.—Guaranteed Week. (1) Subject to (2) hereof all workers, shall be guaran-

teed a full week's work. (2) Notwithstanding any other provisions of the Award

if during any period by reason of any action on the part of any section of the Trust's workers or for any cause beyond the control of the Trust it is unable to carry on either wholly or partially the complete running of buses, workshops or other normal operations, the Trust shall be entitled to employ only such workers (if any) it considers can be usefully employed and for such hours as it considers necessary. During such period no workers shall be entitled to payment except for work actually performed. Provided that workers who are required to attend for work and do so attend as required on any day, shall be paid a minimum of one (1) day's pay at ordinary rates.

(3) Any worker stood down in accordance with the foregoing provisions shall not lose any sick leave credits or other rights or privileges to which such worker would ordinarily be entitled under this Award subject to such worker resuming work as required after such stand down. Provided that this provision shall not entitle a worker to payment for any holiday occurring during such period of stand down.

9.—Definitions. (1) "Storeman" shall mean a worker who is employed

supplying material goods etc. on receipt of orders and who maintains stocks and is responsible for the receipt of and/or distribution of tools, materials etc.

(2) Welders— (a) "First Class Welder" shall mean a worker using

electric arc or acetylene, petrol or coal gas blow pipe on any work other than—

(i) filling castings, or (ii) cutting scrap metal, or

(iii) welding with the aid of jigs, or (iv) operations specifically mentioned as being

the work of a second, third or fourth class welder in the definitions of those terms hereunder.

(b) "Second Class Welder" shall mean a worker who—

(i) uses any of the foregoing types of welding apparatus in filling castings, or

(ii) welds with the aid of jigs, or (iii) operates automatic welding machines for

the setting up of which he is not responsible, or

(iv) operates a profile cutting or a straight line cutting machine.

(c) "Third Class Welder" shall mean a worker who uses any of the foregoing types of welding apparatus in tacking preparatory to the completion of work by any other worker.

(d) "Fourth Class Welder" shall mean a worker using an electric spot or butt welding machine, or cutting scrap with oxy-acetylene blow pipe, petrol or coal gas blow pipe.

(3) "Trimmer (Vehicle)". A trimmer (vehicle) shall include any male worker who does any trimming or leather work in connection with motors or any vehicle in the vehicle building and repair trade.

(4) "Painter (Vehicle Building and Repairing)". A painter (vehicle building and repairing) shall include any skilled worker handling a paint brush or spray on to a motor car or any other vehicles in the vehicle building and repair trade: Provided that polishing in connection with all pyroxylin materials shall be considered the work of painters' labourers and junior workers.

(5) "Painters' Labourer (Vehicle Building and Repair- ing)". A painters' labourer (vehicle building and repairing) shall include any worker engaged in stripping, rubbing down, cleaning undergears, and all preparatory work connected with painting other than using a pamt brush or spray, except for black underparts and applying all lead and filling coats other than the finishing coat: Provided, however, that any worker operating a paint machine or spray shall be paid full tradesman's rates whilst so employed.

10.—Apprentices. (1) The employment of apprentices shall be governed by

the Apprenticeship Regulations, 1972, which are deemed to be embodied in and form part of this Award.

(2) Apprentices may be taken to the following trades or callings, namely: 1st Class Welding; Body Building: Painting (Vehicle Building and Repairing): Panel Beating (including Welding) and Trimming.

(3) Except as herinafter provided every agreement of apprenticeship entered into on or after the 20th August, 1971, shall he for a period of four years unless, with the approval of the Commission, that period is reduced or deemed to have been commenced prior to the date of the agreement provided that—

(a) where the apprentice has completed the eleventh year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned he may be allowed a credit to reduce the period to three and a half years; and


(b) where the apprentice has completed the twelfth year of schooling and has obtained the High School Certificate or Leaving Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three years; and

(c) where the apprentice has satisfactorily completed a pre-apprenticeship course approved by the Apprenticeship Advisory Board and conducted by the Technical Education division of the Educa- tion Department for the trade, the period of apprenticeship shall be three years.

(4) (a) Where classes are provided by the Technical Education Division of the Education Department in the locality in which the apprentice is employed the hours of attendance at such classes shall be:

(i) Where the period of apprenticeship is for five years—eight hours per week for the first school year and eight hours per fortnight for each of the three subsequent school years.

(ii) Where the period of apprenticeship is for four years or less—eight hours per week for the first and second school years and eight hours per fortnight for the next school year, provided that:

(b) Where suitable facilities for block release are provided by the Technical Education Division of the Education Department, the period during which an apprentice is to attend vocational classes shall be six weeks in each of the first, second and third school years, consisting of two periods of three weeks respectively.

11.—Payment of Wages. All wages shall be paid weekly.

12.—Wages. The minimum rates of wages payable to workers cov-

ered by this Award shall be:— (1) Classification (Adult Males): $

1. Body Builder 77.80 2. General Smith 77.80 3. Painter & Signwriter (Vehicle Building

and Repairing) 77.80 4. Panel Beater 77.80 5. Trimmer 77.80 6. Welder—

1st Class 77.80 2nd Class 62.20 3rd Class 61.10 4th Class 60.40

7. Attendant, Bus 64.25 8. Attendant, Tyre and Tube 63.95 9. Cleaner 61.20

10. Gatekeeper (Workshops) 61.20 11. Messenger 60.45 12. Motor Vehicle Driver—

up to 25 cwt capacity 71.80 up to 3 tons capacity 73.70 over 3 tons capacity 75.60

13. Painters' Labourer (Vehicle Building and Repairing) 61.20

14. Steam Cleaner 61.20 15. Steam Cleaner—Chassis 63.85 16. Storeman 64.50 17. Tradesman's Asst. (Building Mainten-

ance) 61.20 (2) Minimum Wage:

(a) Notwithstanding the rates prescribed in subclause (1) hereof, no adult male worker shall be paid less than sixty one dollars and fifty cents as ordinary rates of pay in respect of the ordinary hours of work prescribed by this award.

(b) Where the said minimum rate of pay is applicable to a worker for work in ordinary hours, the same rate shall be applicable to the calculation of overtime and all other penalty rates; payable during sick leave and annual leave; and for all other purposes of this Award.

(3) Leading Hands: A leading-hand placed in charge of— (a) Not less than three and not more than ten

other workers shall be paid at the rate of five dollars forty cents per week extra.

(b) More than ten and not more than twenty workers shall be paid at the rate of eight dollars ten cents per week extra.

(c) More than twenty other workers shall be paid at the rate of ten dollars seventy five cents per week extra.

(4) Apprentices: The weekly wage rate shall be a percentage of the tradesman's rate, i.e. the rate prescribed for 1st class Welder in subclause (1) of this clause, as under:—

% of Trades- man's Wage Rate. Rate.

Four-year Term— $ First Year 42 32.68 Second Year 55 42.79 Third Year 75 58.35 Fourth Year 88 68.46

Three and One Half-year Term— First Six Months 42 32.68 Next Year 55 42.79 Next Following Year 75 58.35 Final Year 88 68.46

Three-year Term— First Year 55 42.79 Second Year 75 58.35 Third Year.

13.—Special Rates and Provisions. (1) Tools—

(a) Woodworkers and other branches requiring files and hacksaw blades, bench vices, cramps (above four inches) and rasps for the execution of their work, to be supplied with same by the Trust.

(b) Where the apprentice to woodworking provides his own tools other than those mentioned in paragraph (a) hereof, he shall be paid an allowance of forty cents(40e) per week in his fourth year.

(c) Where a woodworker provides his own tools other than those mentioned in paragraph (a) hereof, he shall be paid an allowance of forty cents (40c) per week.

(2) Painters (Vehicle Building and Repairing)— (a) Dry rubbing down—no surface painted with lead

paint shall be rubbed down or scraped by dry process.

(b) Washing of hands—The Trust shall provide, for workers, in the painting branch of the industry, washing facilities and soap suitable as a solvent for paint mixtures, in some convenient place, for the use of workers before meals and after knock- ing off work.

(c) Spray Painting— (i) Where painters using sprays are employed,

adequate protection for their health shall be provided by the Trust. They shall also be provided with respirators.

(ii) It shall be considered a branch of this Award for spray painting operation to be carried on contrary to any order of or regulations made under or in pursuance of the Factories and Shops Act, 1963, or any amendment or replacement thereof.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [21 November, 1973. 1392

(d) Painters shall be allowed five (5) minutes each day for ceasing work at end of shift, for the purpose of washing and cleaning up.

(3) No worker shall be permitted to have a meal in any paint shop, or in such close proximity to any place where painting operations are being carried on as is likely to cause injury to his health.

(4) Blowers—Where practicable, blowers shall be installed in and around woodworking machines where dust is created and likely to affect the health of the workers.

(5) Woodworkers— (a) Where a woodworker using his own tools has been

in employment for more than one (1) week, the Trust shall allow him one (1) hour with payment therefore on termination of his employment to enable him to sharpen and pack his tools.

(b) The worker shall be permitted to use the Trust's emery wheel or grindstone to sharpen his own tools in the course of his employment.

14.—Maximum Rate. Excepting for work performed on Award holidays as

prescribed in Clause 20 hereof, no time of duty whatsoever shall be paid for at more than double time rate.

15.—Under Rate Workers. (1) Any worker who, by reason of old age or invalidity,

is unable to earn the wage prescribed by this Award for his appropriate classification, may be paid such lesser wage as from time to time may be agreed upon in writing between the parties to this Award.

(2) In the event of no agreement being arrived at, the matter may be referred to the Board of Reference for determination.

(3) After application has been made to the Board and pending the Board's decision the worker shall be entitled to work for and be employed at the proposed lesser rate.

16.—Mixed Functions. (1) Any worker performing duties carrying a higher rate

than his ordinary classification for two (2) hours or more on any day or shift shall be paid the higher rate for the whole of such day or shift.

(2) If employed for less than two (2) hours on higher duties he shall be paid the higher rate for the time so worked.

17.—Hours of Duty. The ordinary working hours shall not exceed forty (40)

in any one week or eight (8) in any one day with a meal interval of not more than (1) hour.

18.—Overtime. (1) (a) 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.

(b) Work done on Saturdays after 12 noon or on Sundays shall be paid for at the rate of double time.

(c) Work done on Saturdays, prior to 12 noon shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

(d) When a worker is required for duty during his usual meal time and his meal time is thereby postponed for more than half an hour, he shall be paid at overtime rates until he gets his meal.

(e) In computing overtime each day shall stand alone but when a worker works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day's work for the purpose of this subclause.

(2) (a) (i) When overtime work is necessary, it shall, wherever reasonable practicable, be so arranged that workers have at least ten consecutive hours off duty between the work of successive days.

(ii) A worker who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least ten consecutive hours off duty between those times, shall, subject to this paragraph, be released after completion of such overtime until he 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 Trust, such a worker resumes or continues work without having had such ten consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(b) Where a worker is recalled to work after leaving the job— (i) he 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.

(c) When a worker is required to hold himself in readiness for a call to work after ordinary hours, he shall be paid at ordinary rates for the time he so holds himself in readiness.

(d) A worker shall not be compelled to work for more than six hours without a break for a meal.

(e) Subject to the provisions of paragraph (f) of this subclause a worker required to work overtime for more than two hours shall be supplied with any reasonable and necessary meal by the Trust or be paid one dollar twenty-five cents for such meal, and if, owing to the amount of overtime worked, a second or subsequent meal is required, he shall be supplied with such meal by the Trust or be paid eighty-five cents for each meal so required.

(f) The provisions of paragraph (e) of this subclause do not apply— (i) In respect of any period of overtime for

which the worker has been notified on the previous day or earlier that he will be required; or

(ii) to any worker who lives in the locality in which the place of work is situated in respect of any meal for which he can reasonably go home.

(g) If a worker to whom subparagraph (i) of paragraph (f) of this subclause applies, has, as consequence of the notification referred to in that paragraph, provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he shall be paid for each meal provided and not required, the appropriate amount prescribed in paragraph (e) of prescribed subclause.

(3) The Trust may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.

19.—Sick Leave. (i) A worker shall be entitled to payment for non-at-

tendance on the grounds of personal ill health for one- sixth (l/6th) of a week for each completed month of service. Payment hereunder may be adjusted at the end of each year or at the time the worker leaves the service of the Trust in the event of the worker being entitled, by service subsequent to the sickness, to a greater allowance


than that made at the time the sickness occurred. This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act.

(2) A worker shall not be entitled to receive any wages from the Trust for any time lost through the result of an accident not arising out of or in the course of his employment or for any accident wherever sustained arising out of his own default or for sickness arising out of his own wilful default.

(3) No worker shall be entitled to the benefits of this clause unless he produces proof satisfactory to the Trust of sickness, but the Trust shall not be entitled to a medical certificate, unless the absence is for three (3) days or more.

(4) Sick leave shall accumulate from year to year so that any balance of the periods specified in subclause (1) of this clause which has in any year not been allowed to any worker by the Trust as paid sick leave may be claimed by the worker and, subject to the conditions hereinbefore prescribed, shall be allowed by the Trust in any subsequent year without diminution of the sick leave prescribed in respect of that year.

(5) Notwithstanding the provisions of subclause (3) hereof, in the case of a worker who has already been allowed paid sick leave on one occasion the Trust before paying for any further absence in the same year may in- sist on the worker obtaining a medical certificate stating that he was unable to attend for duty because of personal ill health even though such absence was for less than three (3) days.

(6) For the purpose of this clause "year" means a year from the 1st July to the 30th June.

20.—Holidays and Annual Leave. (1) (a) The following days or the days observed in lieu

thereof shall subject to other provisions of this clause be observed as holidays without deduction of pay: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day, and Boxing Day.

(b) Where Christmas Day or New Year's Day falls on a Saturday or a Sunday, such holiday shall be observed on the next succeeding Monday and where Boxing Day falls on a Sunday or a Monday such holiday shall be observed on the next succeeding Tuesday; in each such case the substituted day shall be deemed a holiday without deduction of pay in lieu of the day for which it is substituted.

(2) Where a worker is absent from his employment on the working day before or the working day after a holiday without reasonable excuse or without the consent of the Trust the worker shall not be entitled to payment for such holiday.

(3) Whenever a holiday is observed on an ordinary working day all workers may be stood off on such day without loss of pay. If required to work he shall be paid at the rate of two and a half times his ordinary rate for the time worked on such day.

(4) Should any holiday which would have been a worker's normal working day, fall within a worker's period of annual leave there shall be added to that period, one day at the ordinary rate of pay such worker would have received, for each such holiday observed.

(5) A period of four (4) consecutive weeks leave with payment of ordinary wages as prescribed shall be allowed after each period of 12 months continuous service. Provid- ed that in special circumstances and by mutual consent of the employer, the worker and the union concerned, such leave may be taken in not more than two periods.

(6) If a worker after one (1) month's continuous service in any qualifying twelve monthly period lawfully leaves his employment or his employment is terminated by the Trust through no fault of the worker, the worker shall be paid for such proportion of the appropriate period of annual leave set out in the preceding subclauses as the number of completed months of his service in the qualifying period bears to the full qualifying period of twelve months.

(7) Close-down periods: (a) Notwithstanding anything elsewhere contained in

this clause, where a Christmas close-down for the purpose of granting Annual Leave is observed, in respect of any section of the employer's undertakings the employer may require workers in such section or sections to take their annual leave in not more than two (2) periods, but neither of such period shall be less than one (1) week.

(b) In the event of a worker being employed for portion only of a year, he shall only be entitled to such leave on full pay as is proportionate to his length of service during such period, and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers are on leave on full pay.

(8) Any time in respect of which a worker is absent from work, except time for which he is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this Award shall not count for the purpose of determining his right to annual leave.

(9) Workers shall be paid for annual leave at their classified rates of pay when such annual leave is taken: Provided that if within two (2) weeks before such annual leave is taken the worker is acting in a higher capacity and has been so acting for a period of not less than two (2) months continuously, the annual leave shall be paid for at the rate applicable to such higher capacity position.

(10) A worker who is justifiably dismissed for misconduct or who illegally severs his contract of service shall not be entitled to the benefit of the provisions of subclause (6) hereof.

21.—Long Service Leave. The conditions relating to Long Service Leave for full

time Government wages employees generally, as in force as at the date of this Award and as may be amended from time to time, shall apply to all workers employed under the provisions of this Award.

22.—Temporary Change of Place of Employment. (1) If a worker is transferred temporarily to work at a

garage, depot or place which requires him to travel one (1) mile or more from his home beyond the distance he usually travels the excess time and fares to and from shall be paid for by the Trust. Any dispute arising under this clause shall be referred to a Board of Reference for determination.

(2) A relief worker shall have some one depot named as his regular depot and when he is required elsewhere he shall be treated as being temporarily transferred and subject to the provisions of subclause (1) hereof.

23.—Workers Obligations. (1) In addition to any other obligations applying

throughout this Award the following shall apply to all workers covered by this Award.

(2) Subject to subclause (4) hereof workers other than apprentices who are not "unionists" shall, within seven days of being supplied with the necessary application form for membership and a copy of this clause by an accredited representative of any of the applicant unions, apply in the prescribed manner for membership of one of the unions (with constitutional coverage over the work performed by such worker or workers) party to this Award and if accepted as a member maintain financial membership whilst employed by the respondent to this Award. Workers other than apprentices who are unfinancial or financial members of an industrial union of workers party to this Award shall, subject to the right to resign and join another union party to this Award, become financial and/or maintain financial membership whilst employed under the terms of this Award. Refusal by a worker to apply for membership in accordance with the foregoing and any enforcement proceedings arising therefrom, shall not debar subsequent similar procedure with similar obligations.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [21 November, 1973.

(3) Any worker whose application for membership of the Union has been refused shall have the right of appeal to the Industrial Registrar whose decision on such matter shall be final.

(4) Exemptions— (a) Any worker may apply in writing to the Industri-

al Registrar, (whose decision shall be final) for exemption from this clause.

(b) An applicant for exemption shall detail in the application to the Industrial Registrar his reasons for desiring exemption, and such application shall only be valid and considered by the Indus- trial Registrar if it is forwarded by registered post within seven days of the applicant's receipt of the application for membership as prescribed in subclause (3)

(c) The Industrial Registrar in the exercise of his discretion may grant exemption with such conditions as he deems desirable.

(i) if the applicant is a financial member of any other registered industrial union,

(ii) if the worker objects on the grounds of con- scientious religious belief to becoming a member of any industrial union; and

(iii) for any other reason which the Industrial Registrar deems sufficient.

(d) A worker refused exemption by the Industrial Registrar shall within seven days of the decisison make application for membership of the appropriate applicant Union and if accepted as a member maintain financial membership, whilst employed by the respondent to this Award. A worker involved in the application of this subclause and not complying therewith shall be deemed to be in breach of same for each period of seven (7) days he has not complied therewith.

(5) In this clause the term "unionist" means a worker who is a financial member of one of the Industrial union of workers party to this Award.

(6) "Applicant Union" throughout this clause means any one of the Unions party to this Award.

(7) Notwithstanding anything else contained in this clause a worker shall not be obliged to be a member of more than one of the Unions party to this Award.

24.—Complaints and Charges. (1) No record prejudicial to a worker shall be made on

his conduct record card unless he has been advised of the complaint or charge within fourteen (14) days of the alleged offence and the following provisions of this Clause have first been complied with.

(2) When any complaint as to the conduct of any worker is received by the Trust or when any officer of the Trust charges any worker with any misconduct or breach of duty the officer of the Trust responsible for dealing with such complaint or charge shall first cause to be made a preliminary investigation of the circumstances. If as a result of such investigation the officer concerned is of the opinion that such complaint or charge may be true and is not of so trivial a nature as not to warrant any action, he shall require the worker concerned to attend before him to explain the incident or circumstances relating to the complaint or charge.

(3) The officer dealing with the complaint or charge shall give to the worker full particulars of the complaint or charge and, if in his opinion it is of so serious a nature as likely if proved true to result in the dismissal of the worker or have and adverse comment placed on his record card, shall also give to the worker if required by that worker the name and address of the person making the complaint or charge and in any case before coming to any final decision on the matter shall allow the worker (if desired by the worker) reasonable time to bring before the officer any other worker or member of the public who may have any knowledge of the facts. A union official has the

right if so requested by the worker concerned to assist such worker involved under this subclause in respect of any enquiry by the Superintendent of Engineering.

(4) Any worker aggrieved by a decision of the officer dealing with a complaint or charge shall be given the opportunity at the earliest reasonable date, to bring all the facts relating thereto before the Chairman of the Trust and in so doing may have the assistance of an official of the Union of which he is a member.

25.—Protective Clothing and Equipment. (1) The Trust shall have available protective clothing or

equipment for use by its workers when engaged on work for which some protective clothing or equipment is reasonably necessary.

(2) The Trust may require a worker to sign an acknowledgement on receipt of any article of protective clothing or equipment and he shall return same to the Trust when he has finished using it or on the termination of employment with the Trust.

(3) No worker to whom clothing or equipment under this clause has been issued by the Trust shall lend another worker such clothing or equipment, or part thereof, issued to such first mentioned worker without permission of the Trust, and if the same are lent without such permission both the lender and the borrower shall be deemed guilty of wilful misconduct.

(4) During the time any article of clothing or equipment is on issue to a worker or on loan to another worker as provided in (3) hereof, the worker to whom the issue is made or the worker to whom it is loaned as the case may be shall be responsible for any loss or damage thereto, fair wear and tear attributable to ordinary use excepted.

(5) In the event of a dispute arising between the parties as to whether protective clothing or equipment is reasonably necessary, it may be referred to the Board of Refer- ence for determination.

26.—Records. The Secretary of the Union or his nominated deputy

shall be entitled at all reasonable times during ordinary office hours to inspect the Trust's records of the hours worked by and the wages paid to workers covered by this Award.

I certify pursuant to section 65 of the Industrial Arbi- tration Act, 1912-1971, that the foregoing is a copy of the agreement arrived at between the parties mentioned above.

Dated at Perth this 19th day of October, 1973. (Sgd.) E. R. KELLY,

[L.S.| Commissioner.

Filed at my office this 19th day of October, 1973.

(Sgd.) R. R. ELLIS, Registrar.


AWARDS—Amendment of—

BAKERS. (Metropolitan.)



No. 1162 of 1973. Between the West Australian Bakers',

Pastrycooks' and Confectioners' Union of Workers, Applicant, and Bread Manufac- turers' (Perth & Suburbs) Industrial Union of Employers of Western Australia, Respondent.

HAVING heard Mr. J. H. Watterston on behalf of the applicant and Mr. G. R. Gillies on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The West- ern Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Bakers' (Metropolitan) Award No. 15 of 1961, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the date hereof.



Schedule. Clause 8.—Wages: Delete subclauses (a) and (b) and

insert in lieu: $

(a) Basic Wage (per week) 44.00 (b) Adults (Margin over basic wage per week):

Doughmaker 31.30 Single Hand Baker 31.30 Baker 29.80 Ovensman, Board Hand or other workers. 22.20 Adult Trainees: Up to 50 % proficiency Nil Thereafter such percentage of the margin

herein prescribed for ovensman, board hands or other workers as is assessed in accordance with Clause 24 of this award.

Jobber—one-fortieth of the baker's wage plus ten per cent per hour.

Jobber taking charge—fifty-five cents per day extra.

Foreman—In addition to the margin prescribed in this subclause for a Doughmaker a foreman shall be paid:— (i) If placed in charge of less than

four other workers (per week) 2.75

(ii) If placed in charge of more than $ four but less than ten other workers (per week) 4.85

(iii) If placed in charge of more than ten and not more than twenty other workers (per week) 6.45

(iv) If placed in charge of more than twenty other workers (per week) .... 7.15

Disability Allowance: In addition to the appropriate margin prescribed in this subclause, a disability allowance of $2.00 per week shall be paid to doughmakers and single hand bakers.

BISCUIT AND CAKE MANUFACTURING.

Award No. 7 of 1971


No. 1312 of 1973. Between the Food Preservers' Union of West-

ern Australia, Union of Workers, Appli- cant, and Arnott Mills and Ware Pty. Limited and others, Respondents.

HAVING heard Mr. N. J. Millar on behalf of the applicant and Mr. C. B. Parks on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Biscuit and Cake Manufac- turing Award No. 7 of 1971 as amended, be and amended, be and the same is hereby further amended and consolidated in accordance with the following schedule.


(Sgd.) E. R. KELLY, [L.S.] Commissioner.

Schedule. 1.—Title.

This award shall be known as the Biscuit and Cake Manufacturing Award, 1971 and shall replace Award No. 4 of 1967 as amended.

2.—Arrangement. 1. Title. 2. Arrangement.

2A. 10 % Ordinary Wage Addition. 3. Scope 4. Area. 5. Term. 6. Definitions. 7. Wages. 8. Hours. 9. Overtime.

1396

10. Travelling Facilities. 11. Additional Rates for Ordinary Hours. 12. Meal Interval. 13. Contract of Service. 14. Shift Work. 15. Incentive Payments. 16. Mixed Functions. 17. Holidays. 18. Annual Leave. 19. Absence through Sickness. 20. Payment of Wages. 21. Time and Wages Record. 22. No Reduction. 23. Limitation of Female Work. 24. Inspection by Union. 25. Board of Reference. 26. General Conditions. 27. Uniforms. 28. Posting of Award. 29. Long Service Leave. 30. Under-rate Workers. 31. Junior Workers Certificate. 32. Preference to Unionists. 33. Seasonal Work. 34. Compassionate Leave.

2A.—IOC Ordinary Wage Addition. (1) Notwithstanding the provisions of this award con-

tained elsewhere than in this clause an adult male worker who for his ordinary hours of work, is paid less than 110 percent of the sum of the basic wage and the margin prescribed for his class of work, shall be paid an amount equal to 110 percent, of that sum for such ordinary hours and the said amount shall be deemed to be his ordinary wage rate for all purposes of this award.

(2) The provisions of subclause (1) of this clause do not apply to a worker who, whether by virtue of this award or otherwise, is paid for his ordinary hours of work more than the amount mentioned in that subclause.

3.—Scope. This award shall appiy to workers employed by the re-

spondents in the classifications described in clause 7 hereof in the manufacturing of cakes, sponges, biscuits and allied products.

4.—Area. This award will apply throughout the Metropolitan

Area. 5.—Term.

The term of this award shall be for a period of three years as from the beginning of the first pay period commencing after the date hereof.

(The date of this award is the 23rd day of March, 1971.) 6.—Definitions.

(1) "Leading Hand" shall mean a worker who is appointed as such by the employer and who, in addition to his ordinary duties is required by the employer to super- vise the work of other workers.

(2) "Biscuit and/or Cake Mixer" means a worker engaged in the mixing of ingredients to form a dough without supervision.

(3) "Ovensman" or "Ovenswoman" shall mean any adult worker who, whilst subject to supervision, is in charge of an oven and/or controls the heat and speed of the oven.

(4) "Brakesman" shall mean any adult worker who operates a braking machine, (whether finishing or rough preparing the dough for a cutting machine).

(5) "Biscuit Machine Attendant" shall mean any adult worker who prepares, drives and/or controls a biscuit embossing cutting machine.

(6) "Wrapping Machine Attendant" shall mean an adult worker who sets up and controls the operations of a wrapping machine.

(7) "Production Line Operator" shall mean an adult worker who without supervision is responsible for the control and operating of filling, stencilling or depositing unit, chocolate enrober, preparation of fillings, or topping, icing sugar mill or any minor plant operation to achieve change as an aid to manufacturing.

(8) "Biscuit Wrapper" shall mean an adult worker engaged in, and who has the declared level of proficiency in the selection of, and the wrapping of, a specified quantity of loose biscuits in a first wrap.

(9) "Cellophaner and Packer" shall mean an adult worker engaged in, and who has the declared level of proficiency in, the over wrapping of biscuits or cake with cellophane film and sealing on a hot plate; also an adult worker engaged in, and who has the declared level of proficiency in, the selection of and packing of, loose biscuits from a packing conveyor into tins.

(10) "Casual Worker" shall mean a worker engaged and paid as such. Provided that a worker who is dismissed through no fault of his own within one month of commencing employment shall be deemed a casual worker.

7.—Wages. The minimum rates of wages to be paid to workers cov-

ered by this award shall be as follows:— (1) Basic Wage (per week): $

Males 44.00 Females 39.00

(2) Adult Males (margin over male basic wage per week):

Biscuit and Cake Mixer 27.00 Ovensman 24.00 Brakesman/wrapping machine

ttendant/biscuit machine attendant 20.00 Production line operator 18.00 General Factory Hand 13.00

(3) Adult Females (margin over female basic wage per week): (a) Wrapper 17.00

Cellophaner/packer 15.00 General Assistant 12.00

(b) Female workers engaged as ovensv/omen shall be paid the sum of the basic wage and margin prescribed for an ovensman in subclause (2) of this clause.

(4) Junior Workers—Male (per cent of the male basic wage per week): O c

Under 16 years of age 55 16 to 17 years of age 65 17 to 18 years of age 77 18 to 19 years of age 95 19 to 20 years of age 100 +

$3.65 20 to 21 years of age 100 +

$8.00 (5) Junior Workers—Female (per cent of

female basic wage per week): Under 16 years of age 55 16 to 17 years of age 65 17 to 18 years of age 77 18 to 19 years of age 95 19 to 20 years of age 100 +

$3.65 20 to 21 years of age 100 +

(6) Leading Hands (per week extra)—In charge of—

$ (i) less than three other workers

(ii) not less than three and not more than ten other workers

(iii) more than ten other workers


(7) Casual Workers: Casual Workers shall receive fifteen per cent in addition to the ordinary rates prescribed in this clause for the work performed.

(8) Minimum Wage: Notwithstanding the provisions of this award no male

worker (including an apprentice), twenty-one years of age or over, shall be paid less than $61.50 per week as his ordinary rate of pay in respect of the ordinary hours of work prescribed by this award.

Where the said minimum rate of pay is applicable the same rate shall be payable on holidays, during annual leave, sick leave, long service leave and any other leave prescribed by this award.

Notwithstanding the foregoing, where in this award an additional rate is prescribed for any work as a percentage, fraction or multiple of the ordinary rate of pay it shall be calculated upon the rate prescribed in this award for the classification in which the worker is employed.

8.—Hours. (1) Subject to clause 14, the hours of duty shall not ex-

ceed forty per week and, subject to subclause (3), shall be worked in straight shifts of eight hours, other than breaks for lunch, between the hours of 7 a.m. and 5.30 p.m., Monday to Friday, both inclusive.

(2) The starting and finishing times in any establishment shall only be altered by the employer giving seven days' notice to his workers of such alteration, except where otherwise agreed between the employer and the union.

(3) The ordinary hours of duty of mixers and their assistants in the biscuit and cake mixing departments or workers required to light gas ovens shall be eight hours per shift, forty per week, Monday to Friday, both inclusive, worked between such hours as the circumstances of the industry necessitate.

9.—Overtime. (1)(a) Except as provided in clauses 8(3) and 11 all

time worked before the usual starting time or after the usual finishing time, or beyond eight hours in any one day shall be deemed overtime and be paid for at the rate of time and a half for the first three hours per day and double time thereafter.

(b) All work performed after twelve noon Saturday or on Sunday shall be paid for at the rate of double time.

(c) Work done on any day prescribed as a holiday by this award shall be paid for at the rate of double time and a half.

(2) (a) When overtime work is necessary it shall wherever reasonably practicable be so arranged that workers have at least eight consecutive hours off duty between the work of successive days.

(b) A worker (other than a casual worker) who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not had at least eight consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary work time occurring during such absence.

(c) If, on the instructions of his employer, such a worker resumes or continues work without having had such eight consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had eight consecutive hours off duty v/ithout loss of pay for ordinary working time occurring during such absence.

(3)(a) A worker required to work overtime for more than two hours, without being notified on the previous day or earlier that he will be so required to work, shall be supplied with a meal by the employer or paid $1.25 for a meal.

(b) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he has notified the workers concerned on the previous day or earlier that such second or subsequent meal will also be required, provide such meals or pay an amount of 80 cents for each second or subsequent meal.

(c) No such payments need be made to workers living in the same locality as their workshops who can reasonably return home for such meals.

(d) If a worker in consequence of receiving such notice had provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than notified, he shall be paid the amounts above prescribed in respect of the meals not then required.

(4) Notwithstanding anything contained in this award— (a) An employer may require any worker to work rea-

sonable overtime at overtime rates and such worker shall work overtime in accordance with such requirements.

(b) The Union or any worker or workers covered by this award shall not, in any way, whether directly or indirectly be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

10.—Travelling Facilities. Where a worker is detained at work until it is too late

to travel by the last ordinary bus, train or other regular public conveyance to his usual place of residence, the employer shall provide conveyance to the worker's usual place of residence free of charge. This clause shall not apply to a worker who usually has his own means of conveyance.

11.—Additional Rates for Ordinary Hours. Workers covered by Clause 8(3) of this award shall be

paid an additional amount of 25 cents per hour for all ordinary hours worked between 5.30 p.m. and 7 a.m. Monday to Friday inclusive.

12.—Meal Interval. (1) Not less than thirty minutes nor more than one hour

shall be allowed for a meal each day. (2) A worker shall not be compelled to work for more

than five and a half hours without a break for a meal. (3) When a worker is required for duty during any meal

time whereby his meal is postponed for more than one hour, he shall be paid at overtime rates until he gets his meal.

(4) In establishments where the starting times and meal breaks are staggered workers of similar classification starting earliest shall take the first meal break.

13.—Contract of Service. (1)(a) Except in the case of a casual worker, the con-

tract of hiring of every worker shall be a weekly contract terminable by one week's notice on either side, given on any working day or in the event of such notice not being given by the payment of one week's pay by the employer or the forfeiture of one week's pay by the worker. Provided this shall not affect the right of an employer to dismiss a worker without notice for misconduct.

(b) The contract of service of a casual worker shall be by the hour terminable at any moment by one hour's notice on either side or in the event of such notice not being given, by the payment of one hour's pay by the employer or the forfeiture of one hour's pay by the worker.

(2) The employer shall be under no obligation to pay for any day not worked upon which the worker is required to present himself for duty, except such absence from work is due to illness and comes within the provisions of clause 19 or such absence is on account of holidays to which the worker is entitled under the provisions of this award.


(3) The employer shall be entitled to deduct payment for any day or portion of a day upon which the worker cannot be usefully employed because of any strike by the union or unions affiliated with it, or by any other association or union, or through the breakdown of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent.

(4) Where the provisions of subclause (3) of this clause apply, and a worker after having been stood down is required to report for work and so reports he shall be paid for a minimum of three hours at the appropriate rate.

14.—Shift Work. (1) An employer may, if he so desires, work his estab-

lishment on shifts, but before doing so he shall give notice of his intention to the union and of the intended starting and finishing times of ordinary working hours of the respective shifts.

(2)(a) Where any particular process is carried out on shifts other than day shifts, and less than five consecutive afternoon or five consecutive night shifts are worked on that process then the workers employed on such afternoon or night shifts shall be paid at overtime rates.

(b) The sequence of work shall not be deemed to be broken under the preceding pragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or any public holiday.

(3) A shift worker shall, in addition to his ordinary rate, be paid per shift of eight hours at the rate of ten per cent of one fifth of the basic wage when on an afternoon shift and twelve and one half per cent of one fifth of the basic wage when on night shift.

(4) Where three shifts are worked, a meal break of not less than twenty minutes shall be allowed in each shift and paid for.

15.—Incentive Payment. (1) Particulars of the basis of incentive payments shall

be supplied on request to the secretary of the union. (2) Adjustments and/or alterations of the basis of in-

centive payments shall be subject to mutual agreement between the employer and the workers concerned.

(3) In the event of any disagreement between the employer and the workers concerned, the matter may be referred to the Board of Reference by the employer or the union.

16.—Mixed Functions. (1) A worker employed for half of one day or shift or

more than half of one day or shift on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for such day or shift. If employed for less than half of one day or shift he shall be paid the higher rate for the time so worked.

(2) A worker's regular rate of wage shall not be reduced whilst he is temporarily employed on work classified with a lower minimum rate.

17.—Holidays. (1) Subject to clause 9 of this award, the following days,

or the days observed in lieu, shall subject as hereinafter provided be allowed as holidays without deduction of pay, namely, New Year's Day, Australia Day, Good Friday, taster Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties, in lieu of any of the days named in the subclause.

(2) When any of the days mentioned in subclause (1) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(3) On any public holiday not prescribed as a holiday under this award, the employer's establishment or place of business may be closed, in which case a worker need not present himself for duty, and payment may be deducted, but if work be done, ordinary rates of pay shall apply.

(4) The provisions of this clause shall not apply to casual workers.

18.—Annual Leave. (1) Except as hereinafter provided, a period of three

consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed to a worker by his employer after a period of twelve months' continuous service with that employer.

(2) (a) After one month's continuous service in any qualifying twelve monthly period a worker whose employment terminates shall, subject to the provisions of paragraph (b) of this subclause, be paid one quarter of a week's pay at his ordinary rate of wage in respect of each completed month of service in that qualifying period.

(b) Where a worker is justifiably dismissed for misconduct during any qualifying twelve monthly period, the provisions of paragraph (a) of this subclause do not apply in respect of any completed month of service in that qualifying period.

(3) Notwithstanding anything else herein contained an employer who observes a Christmas closedown for the purpose of granting leave may require a worker to take his leave in not more than two periods but neither of such periods shall be less than one week.

(4) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this award shall not count for the purpose of determining his right to annual leave.

(5) In the event of a worker being employed by an employer for portion only of a year he shall only be entitled subject to subclause (2) of this clause, to such leave on full pay as is proportionate to his length of service during that period with such employer, and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.

(6) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordinary working day there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid.

(7) In special circumstances and by mutual consent of the employer, the worker and the union concerned, annual leave may be taken in not more than two periods.

(8) A worker shall be given at least two weeks' notice that he is to take his annual leave.


19.—Absence Through Sickness. (1) A worker shall be entitled to payment for non-at-

tendance on the grounds of personal ill-health for one- twelfth of a week for each completed month of service; Provided that payment for absence through such ill-health shall be limited to one week in each calendar year. Pay- ment hereunder may be adjusted at the end of each calendar year, or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act.

(2) A worker shall not be entitled to receive any wages from his employer for any time lost through the result of


an accident not arising out of or in the course of his employment or for any accident wherever sustained arising out of his own wilful default or for sickness arising out of his own wilful default.

(3) No worker shall be entitled to the benefits of this clause unless he produces proof satisfactory to his employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for three days or more.

(4) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been allowed to any worker by his employer as paid sick leave may be claimed by the worker and, subject to the conditions hereinbefore prescribed shall be allowed by his employer in any subsequent year without diminution of the sick leave prescribed in respect of that year; Provided that the sick leave which accumulates pursuant to this subclause shall be available to the workers for a period of five years but no longer from the end of the year in which it accrues.

20.—Payment of Wages. (1) Wages shall be paid at least weekly. (2) Not more than two days' wages shall be kept in

hand by the employer. (3) When a worker's services are terminated he shall be

paid all wages due before leaving the employer's premises or, alternatively, (except in the case of casual workers) a cheque for the amount due may be forwarded to the worker's last known address within forty-eight hours of such termination.

21.—Time and Wages Record. (1) The employer shall keep or cause to be kept a

record or records containing the following particulars:— (a) Full name and address of each worker. (b) Nature of his work. (c) The hours worked each day and each week. (d) The wages and overtime (if any) paid each week. (e) The age of each junior worker.

Any system of automatic recording by machine shall be deemed to comply with the provisions 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 representative may be allowed to take extracts therefrom.

22.—No Reduction. Nothing herein contained shall entitle an employer to

reduce the wage of any worker who at the date of this award was being paid a higher rate of wage than the minimum prescribed for his or her class of work.

23.— Limitation of Female Work. No female worker under the age of eighteen years shall

be required to lift or carry weights in excess of twenty-five lb. and no female worker over eighteen years of age shall be required to lift or carry weights in excess of thirty-five lb.

24.—Inspection by Union. (1) Accredited representatives of the union shall be per-

mitted to interview the workers on the business premises of the employer during non-working times or meal breaks.

(2) In the case of a dispute between the union and an employer which is likely to lead to cessation of work or to an application to the Commission and which involves the inspection of workers or of machines in the process of production on which such workers are engaged, such union representatives shall have the right of inspection at any time during which the workers or machines concerned are working but this permission shall not be exercised without the consent of the employer more than once in any one week.

(3) Provided that the duly accredited representative shall notify the employer beforehand of his intention to exercise his rights under this clause and the union official exercising his right under this clause shall not interfere with or inconvenience the work duties of the workers.

25.—Board of Reference. (1) The Commission hereby appoints, for the purposes

of this award, a Board of Reference consisting of a chairman and two other members who shall be appointed pursuant to regulation 60 of the Industrial Arbitration Act (Western Australian Industrial Commission) Regulations, 1971.

(2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or dealing with any matter of difference, between the parties in relation to any matter which, under this award, may be allowed, approved fixed, determined or dealt with by a Board of Reference.

26.—General Conditions. (1) Where and when practicable, suitable seating ac-

commodation shall be provided for female workers unless it is physically impossible to carry out the work required in a sitting position.

(2) Where the conditions of work are such that workers are unable to avoid their clothing becoming excessively wet or dirty, they shall be supplied with suitable- protective clothing or material. Such protective clothing or material shall remain the property of the employer and shall be returned when required, in good order and condition, fair wear and tear excepted, or paid for at replacement cost.

(3) Where the conditions of work are such that workers are unable to avoid their feet becoming excessively wet, the employer shall, on request, supply free of charge suitable footwear. Footwear supplied by the employer shall remain the property of the employer and shall be returned when required, in good order and condition, fair wear and tear excepted, or paid for at replacement cost.

(4) Where the conditions of the work being performed require the use of gloves they shall be supplied by the employer, free of cost.

(5) Adequate first aid equipment shall be provided in each establishment.

(6) Any dispute arising out of this clause may be referred to a Board of Reference.

27.—Uniforms. Where a worker is required by the employer to wear a

special uniform, such uniform shall be provided by the employer at his expense. Such uniform shall remain the property of the employer and shall be retuened when required in good order and condition, fair wear and tear excepted, or paid for at replacement cost.

28.—Posting of Award. The employer shall allow a copy of this award if

supplied by the union to be posted in a place easily accessible to the workers.

29.—Long Service Leave. The Long Service Leave provisions published in Vol. 49

of the Western Australian Industrial Gazette,at pages 16 to 21 inclusive, are hereby incorporated in and shall be deemed to be part of this award.

30.—Under-rate Workers. (1) Any worker who by reason of old age, or infirmity, is

unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed upon in writing between the union and the employer.


1400 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [21 November, 1973

(3) After application has been made to the Board, and pending the Board's decision, the worker shall be entitled to work for and be employed at the proposed lesser rate.

31.—Junior Worker's Certificate. (1) Junior workers upon being engaged shall if required

furnish the employer with a certificate containing the following particulars:—

(a) Name in full. (b) Age and date of birth.

(2) No worker shall have any claim upon an employer for additional pay in the event of the age of the worker being wrongly stated on the certificate. If any junior worker shall wilfully mis-state his age on the certificate he alone shall be guilty of a breach of this award, and in the event of a worker having received a higher rate than that to which he was entitled he shall make restitution to the employer.

(3) The certificate shall be available for inspection by an accredited representative of the union in the manner which the time and wages record is open for inspection.

32.—Preference to Unionists. (1) In this clause—

"the union" means the Food Preservers' Union of Western Australia, Union of Workers.

"unionist" means a worker who is a member of the union.

"non-unionist" means a worker who is not a member of the union.

(2) Subject to the provisions of this clause it is a condition of employment under this award that each non- unionist shall—

(a) unless he has already applied for membership of the union in the manner prescribed by the rules of the union, apply for such membership in the manner so prescribed within seven days of receiving from an accredited representative of the union, a copy of those rules, a copy of this clause and an application form for membership;

(b) upon being notified that he has been accepted as a member of the union, do such things as may be required under the rules of the union in relation to his admission to membership; and

(c) thereafter remain a unionist while so employed. (3) Subclause (2) of this clause does not apply to any

worker— (a) who holds a certificate of exemption from

membership of the union issued and in force pursuant to section 61B, of the Industrial Act, 1912-1971;

(b) who, prior to the expiration of the seven days referred to in that subclause, has applied for such a certificate of exemption, unless and until that application if finally determined under that section; or

(c) for the unexpired portion of any period in respect of which he has, prior to commencing employment under this award, paid membership fees on his own behalf to another union.

(4) (a) Where the secretary of the union has notified an employer that a non-unionist to whom the provisions, of subclause (2) of this clause apply has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than twenty-four hours to the exclusion of any well conducted unionist who is employed by, or who applies for employment with that employer, and who is adequately experienced and otherwise competent in the work performed by that non-unionist and is of the sex to which that work is allotted by this award, or where the award makes no such provision, by custom.

(b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non-unionist by his employer

the provisions of clause 13 of this award are hereby declared inoperative in respect of that dismissal but only if—

(i) A unionist is engaged to commence work in the place of a non-unionist; and

(ii) that the dismissal does not become effective before the unionist has so commenced.

(5) A non-unionist shall not be engaged for any work to the exclusion of a well-conducted unionist if that unionist—

(a) is adequately experienced in and competent to perform that work;

(b) applies to that employer for employment on that work—

(i) not later than the time at which the non- unionist applies; or

(ii) within the time specified by that employer in any advertisement calling for such applications,

whichever is the later; (c) is able to commence work at the time required by

the employer; and (d) is of the sex to which the work concerned is

allotted by this award, or, where the award makes no such provision, by custom.

(6) Subclause (5) of this clause does not apply to a non- unionist—

(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B, of the Industrial Arbi- tration Act, 1912-1971; or

(b) for the period between the date on which he applies for such a certificate and the date on which that application is finally determined under that section.

33.—Seasonal Work. Notwithstanding the provisions of clauses 8, 9, 12 and

14, of this award Casual Workers may be employed for up to five and a half hours per day (Monday to Friday inclusive) between the hours of 5 p.m. and 11 p.m., to meet the seasonal requirements of the industry, subject to the following conditions:—

(i) The employment of such workers shall be by agreement between the union and the employer. In the event of no agreement being arrived at the matter may be referred to a Board of Reference.

(ii) Workers employed under the provisions of this clause shall be paid 25 cents per hour in addition to the rates prescribed for Casual Workers in clause 7 of this award.

34.—Compassionate Leave. (1) A worker shall, on the death within Australia of a

wife, husband, father, mother, brother, sister, child or stepchild, be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the worker in two ordinary working days. Proof of such death shall be furnished by the worker to the satisfaction of his employer.

(2) Payment in respect of compassionate leave is to be made only where the worker otherwise would have been on duty and shall not be granted in any case where the worker concerned would have been off duty in accordance with his roster, or on long service leave, annual leave, sick leave, workers' compensation, leave without pay or on a public holiday.

(3) For the purposes of this clause the pay of a worker employed on shift work shall be deemed to include the allowance set out in Clause 14.—Shift Work.

21 November, 1973,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1401

BOILERMAKERS. (GoWmining.)



No. 1121 of 1973. Between Amalgamated Engineering Union of

Workers of Western Australia, Applicant, and Lake View & Star Limited and others, Respondents.

HAVING heard Mr. F. W. Bastow on behalf of the applicant and Mr. A. J. Collins on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The West- ern Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1971, and all other powers therein enabling me, do hereby order and declare—

That the Boilermakers (Gold Mining) Award No. 33 of 1947, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 23rd day of October, 1973.


Schedule. Clause 9—Annual Leave and Holidays: Delete this

clause and insert in lieu: 9.—Annual Leave and Holidays.

(1) Annual leave shall be taken at the convenience of the management of the mine; workers to receive one month's notice of the date on which the leave is to commence; a committee of three to be appointed to each mine to assist the management in the arrangement of a suitable roster.

(2) (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 a worker by his employer after a period of twelve months' continuous service with that employer.

(b) (i) A worker before going on leave shall be paid the wages he would have received in respect of the ordinary time he would have worked had he not been on leave during the relevant period.

(ii) Subject to paragraph (c) hereof a worker shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable.

(aa) The rate applicable to him as prescribed by clause 5—Wages, subclauses (a) (b) (c) (d) and (f) and clause 6—District Allowance, of the award and;

(bb) Subject to paragraph (c) (ii) hereof the rate prescribed for work in ordinary time by clause 12—Shifts, of the award according to the worker's roster or projected roster including Saturday shifts;

(cc) Any other rate to which the worker is entitled in accordance with his 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 5—Wages, subclause (g) (h) (i) (j) (k) (l) (m) and (n) and clause 8—Overtime, of this award nor any payment which might have become payable to the worker as reimbursement for expenses incurred.

(c) During a period of annual leave a worker shall receive a loading calculated on the rate of wage prescribed by paragraph (b) (ii) (aa) hereof. The loading shall be as follows:

(i) Day Workers—A worker who would have worked on day work had he not been on leave—a loading of 1712 per cent.

(ii) Shift Workers—A worker who would have worked on shift work had he not been on leave—a loading of 1712 per cent.

Provided that where the worker would have received shift loadings prescribed by clause 12—shifts, had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 1712 per cent, then the shift loadings shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) hereof in lieu of the 1712 per cent loading.

Provided further, that if the shift loadings would have entitled him to a lesser amount than the loading of 17 V2 per cent then such loading of 1712 per cent shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) hereof in lieu of the shift loadings.

The loading prescribed by this subclause shall not apply to proportionate leave on termination.

(d) The provisions of this subclause shall not operate in respect of leave fully due prior to 1st August, 1973 irrespective of the data at which such leave is taken.

(3) If after one month's continuous service in any qualifying twelve monthly period a worker whose employment terminates and who has worked less than 236 shifts at ordinary rates of pay, shall be paid in proportion that the number of shifts worked by him at ordinary rates in that qualifying period bears to 236 shifts at ordinary rates of pay in that qualifying twelve monthly period.

(4) The amounts to be paid hereunder shall be calculated at the rate prevailing at the time the payment is made.

(5) Where a worker is justifiably dismissed for misconduct he will not be entitled to the benefits of this clause.

(6) If any of the holidays prescribed in subclause 10 of this clause falls during the worker's period of annual leave, and is observed on a day which in the case of that worker would have been an ordinary working day the worker shall have one extra day added to the period of annual leave.

(7) Notwithstanding anything else herein contained an employer may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week.

(8) An employer may close down his operation or a section or sections thereof for the purposes of allowing annual leave to all or the majority of his workers employed generally or in any such section or sections and in the event of a worker being employed for portion only of a year he shall only be entitled to such leave on full pay as is proportionate to his length of service during that period with such employer and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.


(9) This clause shall not apply to casual workers. (10) The following days or the days observed in lieu

shall be allowed as holidays without deduction of pay namely: Christmas Day, Good Friday, Easter Monday, Labour Day and one additional day in each calendar year, to be nominated by the employer. Where Christmas Day falls on a Saturday or a Sunday, such holiday shall be observed on the next succeeding Monday; in such case the substituted day shall be deemed a holiday without deduction of pay in lieu of the day for which it is substituted. Provided that any worker who does not present himself for work (if required) on the working day following any of the above mentioned holidays shall not be entitled to be paid for such holiday unless he produces proof satisfactory to the employer that he was prevented by sickness from presenting himself for work on any such day, and that such sickness was not due to intemperance or misconduct.

BUILDING TRADES.



No. 976 of 1972. Between Building Trades Association of

Unions of Western Australia (Association of Workers), Applicant, and Master Builders' Association of Western Australia (Union of Employers), Perth, Respondent.

HAVING heard Mr. R. Lockwood on behalf of the applicant and Mr. J. F. Gregor on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Building Trades Award No. 31 of 1966, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the date hereof.


(Sgd.) D. CORT, [L.S.] Commissioner.

Schedule. Clause 23.—Holidays and Annual Leave: Delete

subclause (1) paragraph (b) of this clause and insert in lieu thereof:—

(b) When any of the days mentioned in paragraph (a) of this subclause falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday provided that when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

BUILDING TRADES. (Goldmining.)

Award Nos. 29 and 32 of 1965 and 4 of 1966.



Unions of Western Australia (Association of Workers), Applicant, and Lake View & Star Limited and others, Respondents.

HAVING heard Mr. T. Butcher on behalf of the applicant and Mr. A. J. Collins on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1971, and all other powers therein enabling me, do hereby order and declare—

That the Building Trades (Goldmining Industry) Award No. 29 and 32 of 1965 and 4 of 1966, as amended, be and the same is hereby further amended in accordance with the following schedule.



Schedule. Clause 18—Annual Leave and Holidays: Delete

subclauses (1) (2) and (3) and insert in lieu: 18.—Annual Leave and Holidays.

(1) Annual leave shall be taken at the convenience of the management of the mine; workers to receive one month's notice of the date on which the leave is to commence; a committee of three to be appointed to each^mine to assist the management in the arrangement of a suitable roster.

(2) (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 a worker by his employer after a period of twelve months' continuous service with that employer.


(ii) Subject to paragraph (c) hereof a worker shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable.

(aa) The rate applicable to him as prescribed by clause 9—Wages, clause 12—Leading Hands and clause 14—District Allow- ance, of the award and;

(bb) Subject to paragraph (c) (ii) hereof the rate prescribed for work in ordinary time by clause 16—Shift Work, of the award according to the worker's roster or projected roster including Saturday shifts;


(co) Any other rate to which the worker is entitled in accordance with his 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 13—Special Rates & Provisions, and clause 17—Overtime, of this award, nor any payment which might have become payable to the worker as reimbursement for expenses incurred.

(c) During a period of annual leave a worker shall receive a loading calculated on the rate of wage prescribed by paragraph (b) (ii) (aa) hereof. The loading shall be as follows:

(i) Day Workers—A worker who would have worked on day work had he not been on leave—a loading of 17 >4 per cent.

(ii) Shift Workers—A worker who would have worked on shift work had he not been on leave—a loading of 17 iri per cent.

Provided that where the worker would have received shift loadings prescribed by clause 16—Shift Work, had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 17 Zi per cent, then the shift loadings shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) hereof in lieu of the 17!ri per cent loading.

Provided further, that if the shift loadings would have entitled him to a lesser amount than the loading of 17 Vi per cent then such loading of 17 Zi per cent shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) hereof in lieu of the shift loadings.


(d) The provisions of this subclause shall not operate in respect of leave fully due prior to 1st August, 1973 irrespective of the date at which such leave is taken.

(3) If after one month's continuous service in any qualifying twelve monthly period a worker whose employment terminates and who has worked less than 236 shifts at ordinary rates of pay, shall be paid in the proportion that the number of shifts worked by him at ordinary rates in that qualifying period bears to 236 shifts at ordinary rates of pay in that qualifying twelve monthly period.

BUILDING TRADES. (Mining and Processing.)




Unions of Western Australia (Association of Workers), Applicant, and Laporte Aus- tralia Limited and others, Respondents.

HAVING heard Mr. T. G. Butler on behalf of the applicant and Mr. G. A. Black and Mr. A. J. Collins on behalf of the respondents, and by consent, I, the undersigned, Commissioner of the Western Australian Industrial Commis- sion, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the

powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Building Trades (Mining and Processing) Award No. 15 of 1969, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. Clause 7.—Special Rates and Provisions:—Delete this clause and insert in lieu:—

Clause 7.—Special Rates and Provisions. The special rates which apply to the majority of other

workers employed in the establishment where building workers are employed shall apply in addition to the following where applicable:—

(1) Boat type and Swinging Scaffold: A worker employed on a boat type or swinging scaffold shall be paid nine cents per hour in addition to the prescribed rate. "Swinging Scaffold" means any scaffold suspended from overhead gear and not supported from the ground and which by reason of the operations carried out on it or by reason of wind force or vibration is likely to swing or sway. No employer shall permit an apprentice who has served less than two years of his apprenticeship to work on a boat type or swinging scaffold and no such apprentice shall work on such a scaffold.

(2) Grinding Time: The employer shall provide sandstone grindstones. Workers shall be allowed to maintain their tools in proper working condition in working hours. When a worker who has been employed for five consecutive working days is dis- charged, he shall be allowed two hours for grinding tools or be paid two hours' pay in lieu thereof.

(3) (a) Lead Paint Surfaces: No surface painted with lead paint shall be rubbed down or scraped by a dry process.

(b) Width of Brushes: All paint brushes shall not exceed five inches in width and no kalsomine brush shall be more than seven inches in width.

(c) Meals not to be taken in Paint Shop: No worker shall be permitted to have a meal in any paint shop or place where paint is stored or used.

(4) Water and Soap: Water and soap shall be provided in each shop or on each job by the employer for the use of painters.

(5) (a) Carpenters and Joiners: A secure and weatherproof place shall be provided by the employer where carpenters' and joiners' tools may be locked up apart from the employer's plant and material.

(b) Other Workers: The employer shall provide a place for the safe-keeping of the workers' tools when not in use apart from the employer's plant and material.

(6) Plumbers on Sewerage Work: Plumbers employed on work involving the opening up of house drains or waste pipes for the purpose of cleaning

32585—3


blockages or for any other purpose, or on work involving the cleaning of septic tanks or dry wells, shall be paid fifty cents per day in addition to the prescribed rate.

Plumbers engaged in repairs to sewers shall be paid at the rate of nine cents per hour in addition to the prescribed rate.

(7) All work made up by plumbers shall be welded by those workers.

(8) Detail Work: A carpenter and joiner who sets out and works to engineers' or architects' details or blue prints, shall be paid one dollar per day extra above the minimum rate prescribed for his trade, but where a worker qualifies for an allowance under this sub-clause and he is entitled to the rate for leading hands, he shall be entitled to whichever allowance is the higher, but not to both.

(9) (a) The employer shall supply a safety helmet to each of his workers requesting one on any job where, pursuant to the regulations made under the Inspection of Scaffolding Act, 1924-1962, a worker is required to wear such a helmet.

(b) Any helmet so supplied shall remain the property of the employer and during the time it is on issue, the worker shall be responsible for any loss or damage thereto, fair wear and tear attributable to ordinary use excepted.

(10) First Aid Outfit: On each job the employer shall provide a sufficient supply of bandages and antiseptic dressings for use in cases of accident.

(11) Height Money: A worker shall be paid an allowance of nine cents for each hour on which he works at a height of fifty feet or more above the nearest horizontal plane.

(12) Chemical Allowance: Journeymen and builders labourers working in Chemical Works shall receive four and one half cents per hour in addition to the prescribed rate.

(13) Leadburners: Shall be paid eighteen cents per hour in addition to the ordinary rates prescribed.

(14) Spray Painting (Painters)— (a) Lead paint shall not be applied by a spray to

the interior of any building. (b) All workers (including apprentices) applying

paint by spraying shall be provided with full overalls and head covering and respirators by the employer.

(c) Where from the nature of the paint or substance used in spraying a respirator would be of little or no practical use in pre- venting the absorption of fumes or materials from substances used by a worker in spray painting, the worker shall be paid a special allowance of twenty seven cents per day.

(15) Toxic Substances: (a) A worker required to use toxic substances or

materials of a like nature shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.

(b) A worker using such materials will be provided with and shall use all safeguards as are required by the appropriate Government Au- thority or in the absence of such requirement such safeguards as are determined by a competent authority or person chosen by the Union and the employer.

(c) A worker using toxic substances or materials of a like nature shall be paid 13 cents per hour extra. Workers working in close proximity to workers so engaged shall be paid 10 cents per hour extra.

(d) For the purpose of this subclause all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

CARETAKERS AND WATCHMEN. (State Electricity Commission.)



No. 1004 of 1973. Between the West Australian Cleaners, Care-

takers, Lift Attendants, Window Cleaners, Attendants and Watchmen's Industrial Union of Workers (Perth), Applicant, and the State Electricity Commission of West- ern Australia, Respondent.

HAVING heard Mr. R. J. Williams on behalf of the applicant and Mr. B. Pulford on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare-

That the Caretaker-Watchmen's (State Electricity Commission) Award No. 3 of 1967, as amended, be and the same is hereby further amended and consolidated in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.




This award shall be known as the Caretaker-Watch- men's (State Electricity Commission) Award No. 3 of 1967 as amended and consolidated and replaces Award No. 29 of 1959 as amended.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Term. 4. Scope. 5. Definitions. 6. Hours. 7. Overtime. 8. Shift Work. 9. Public Holidays.

10. Annual Leave.

21 November, 1973.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

11. Time and Wages Sheets. 12. Right of Entry. 13. Notices. 14. Long Service Leave. 15. Sick Leave. 16. General Conditions. 17. Board of Reference. 18. Preference. 19. No Reduction. 20. Wages'.

3.—Term. The term of this award shall be three years from the

date hereof. (The date of this award is the 10th day of March, 1967.)

4.—Scope. This award shall apply to the designation of workers

specified in this award and employed by the State Elec- tricity Commission of Western Australia.

5.—Definitions. "Caretaker" shall mean a male person required to

reside on or in the vicinity of the premises of his employer and who is responsible to his employer for the supervision and/or the general cleaning of such premises and who is responsible for the safety of such premises after ordinary working hours. The employer shall grant a caretaker reasonable time off, such times to be mutually agreed upon between the caretaker and the employer.

"Premises" shall include all property and buildings in occupation by the employer.

"Watchman" shall mean a male person required to watch and/or guard and/or patrol premises.

"Gatekeeper" shall mean a male person required to record and/or restrict entrance or exit to or from the premises, of persons, vehicles or goods.

"Cleaner" shall mean a worker mainly employed in cleaning work of any description on premises or in bringing into or maintaining premises in a clean condition but does not include cleaning of mechanical plant in power stations.

"Casual Worker" shall mean a worker who is engaged intermittently for a period not exceeding six consecutive days.

6.—Hours. (1) Forty hours exlusive of Saturday and Sunday work

shall constitute a week for day workers. No day's work shall exceed eight hours without the payment of overtime rate.

(2) The ordinary hours of duty shall be between the hours of 6.00 a.m. and 7.00 p.m. Monday to Friday inclusive.

(3) The ordinary working hours for shift workers shall be forty hours per week, such hours shall be worked in not more than eight hours in any one shift and not more than one shift in any twenty-four hours. The employer may fix the number and duration of such shifts and the worker shall be given forty-eight hours notice of any change of such shift.

(4) There shall be no fixed spread of hours for caretakers who may be required to be on duty on any day of the week, but no caretaker shall be called upon to do cleaning work in excess of forty hours per week. Care- takers provided with quarters shall not be deemed to be working on Sundays because they open and close premises of which they are in charge.

7.—Overtime. (1) Except as hereinafter provided, all time worked in

excess of or outside the usual hours shall be paid for at the rate of time and a half for the first two hours after the usual time for ceasing work and double time thereafter. Provided that workers called upon to start within an hour and a half prior to the usual starting time shall be paid at the rate of time and one half until the usual starting time.

1405

(2) When a worker, without being notified on the previous day is required to work overtime for more than two hours after his usual knock-off time, he shall be paid an allowance of $1.00 for the first meal and a further allowance of sixty cents for a meal for each four hours of overtime if he continues to work after such meal.

(3) Overtime on shift work shall be based on the rate payable for afternoon or night shift work; provided that double time, i.e., twice ordinary rate, shall be the maximum rate payable under the provisions of this award except as prescribed in Clause 9 of the award.

(4) All time worked on Sunday, outside the ordinary hours of work, shall be paid for at the rate of double time.

(5) A worker shall not work more than sixteen hours consecutively in any one period of twenty-four hours.

8.—Shift Work. (1) The loading on ordinary rates of pay for shift work-

ers shall be seven and one half per cent for any afternoon shift and ten per cent for any night shift worked between midnight on Sunday and midnight on Friday.

(2) Time and a half shall be paid for shifts worked by continuous shift workers during ordinary working hours between midnight on Friday and midnight on Saturday.

(3) Double time shall be paid for shifts worked by continuous shift workers during ordinary working hours between midnight on Saturday and midnight on Sunday.

9.—Public Holidaj's. (1) (a) The following days or the days observed in lieu

shall, subject as hereinafter provided, be allowed as holidays without deduction of pay, namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in the subclause.

(b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or 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) (a) Whenever any holiday falls on a worker's ordinary working day and the worker is not required to work on such day he shall be paid for the ordinary hours he would have worked on such day if it had not been a holiday.

(b) If any worker other than a shiftworker is required to work on a holiday he shall be paid for the time worked at the rate of double time and a half i.e., two and a half times the ordinary rate.

(c) If a shift worker is required to work on a holiday, he shall be paid for the time worked at the rate of double time, i.e., twice the ordinary rate.

(3) A continuous shift worker 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 worker so agrees.

10.—Annual Leave. (1) (a) Except as hereinafter provided, a period of four

weeks leave with payment of ordinary wages as prescribed shall be allowed annually at the employer's convenience to a worker by the employer after a period of twelve months consecutive service with that employer.

(b) A seven day shift worker, i.e., a shift worker who is rostered to work regularly on Sunday and holidays shall be allowed one week's leave in addition to the leave to which he is otherwise entitled under this clause.

(c) Where a worker with twelve months continuous service is engaged for part of a qualifying twelve monthly period as a seven day shift worker, he shall be entitled to


have the period of annual leave to which he is otherwise entitled under this clause increased by one-twelfth of a week for each completed month he is continuously so engaged.

(2) Annual leave may be taken in one or two periods provided that each period shall be in complete weeks and not less than one week.

(3) If any holiday under this award falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordinary working day, there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid.

(4) (a) Subject to paragraph (b) of this subclause when computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the Period that a worker is on annual leave and/or holidays.

rovided that no deduction shall be made for any approved period a worker is absent from duty through sickness with or without pay unless the absence exceeds three calendar months, in which case, deduction may be made for such excess only.

(b) Approved periods of absence from work caused through accident sustained in the course of employment shall not be considered breaks in continuity of service, but the first six months only of any such period shall count as service for the purpose of computing annual leave.

(5) Subject to the provisions of subclause (6) of this clause, a worker whose employment terminates after one month's continuous service in any qualifying twelve monthly period, shall be paid one third of a week's pay in respect of each completed month of continuous service in that qualifying period.

(6) A worker who is justifiably dismissed for misconduct shall not be entitled to the benefit of the provisions of this clause.

_ (7) A worker whose employment terminates shall be entitled to payment for any complete period of annual leave due to him.

(8) "Ordinary Wages" for the purpose of subclause (1) hereof shall mean-

la) for leave accrued on or before 31st October, 1972—the rate of wage the worker has received for the greatest proportion of the calendar month prior to his taking the leave.

(b) (i) for leave accruing on or after 1st November, 1972—the rate of wage the worker has received for the greatest proportion of the calendar month prior to his taking the leave andin the case of shift workers shall include the shift and weekend penalties the worker would have received for ordinary time had the worker not proceeded on annual leave.

(ii) Where it is not possible to calculate the shift and weekend penalties the worker would have received, then the worker shall be paid at the rate of the average of such payments made each week over the four weeks prior to taking the leave.

(iii) Any dispute in respect to the application of this subclause shall be referred to the Board of Reference.

(9) Annual leave shall be calculated up to the end of each financial year.

(10) The provisions of this clause shall not apply to a casual worker.

(11) When work is closed for the purpose of allowing annual leave to be taken, workers with less than a full year's service shall be entitled to payment during such period for the number of days leave due to them.

11.—Time and Wages Sheets. The wages time sheets and cards for workers working

under this award shall be open for inspection by the Sec- retary of the Union upon reasonable notice of his desire to inspect same.

12.—Right of Entry. On notifying the officer in charge, any officer of the

union authorised in writing by the president and secretary of such union shall have the right to enter any place or premises during ordinary working hours wherein members of such union covered by this award are engaged for the purpose of conversing with or interviewing the workers in such places or premises. Provided that such officer shall not hamper or otherwise hinder the workers in the carrying out of their work. The officer in charge shall determine whether workers are being hampered or hindered in their work.

13.—Notices. The Secretary or an authorised person may place not-

ices on the Wages Notice Board after obtaining permission from the General Manager.

14.—Long Service Leave. The conditions relating to full-time Government wages

workers generally as in force as at the date of this award and as may be amended from time to time shall apply to all workers employed under the provisions of this award.

15.—Sick Leave. (1) (a) A worker shall be entitled to payment for non-

attendance on the ground of personal ill-health for one- sixth of a week's pay for each completed month of service.

(b) The liability of the Commission shall in no case exceed two weeks' wages during each year in respect of each worker but the sick leave herein provided shall be allowed to accumulate and any portion unused in any year may be availed of in the next or any succeeding year.

(c) Payment hereunder may be adjusted at the end of each accruing year or at the time the worker leaves the service, in the event of the worker being entitled by service subsequent to the sickness in that year to a greater allowance than that made at the time the sickness occurred.

(2) This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act.

(3) No worker shall be entitled to the benefit of this clause unless he produces proof to the satisfaction of the Commission or its representative of such sickness, provided that the Commission shall not be entitled to a medical certificate for absence of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year.

(4) No payment shall be made for any absence due to a worker's own fault, neglect or misconduct.

16.—General Conditions. (1) (a) Subject to Clause 10 (6) and to Clause 15, any

regular worker on a weekly engagement who may not have worked the maximum number of ordinary working hours in any one week, shall be paid not less tha the minimum weekly rate of wages specified herein for his particular class of work. Provided that such worker has been available to work the maximum number of ordinary working hours.

(b) For the purpose of this subclause, time worked on statutory holidays within the limitations set out, shall be deemed hours in which a worker was available to work ordinary working hours. (2) In the case of regular workers, one week's notice in writing must be given on either side when it is desired to terminate the engagement. The Commission may pay a week's wages in lieu of notice and, in the case of a worker leaving without notice or before such notice expires, he shall forfeit all wages accruing due to him for the current week's service. Such week's notice cannot be continued from week to week. Provided that this shall not apply in the case of misconduct when a worker shall be subject to


instant dismissal and entitled only to the wages due to him up to the hour of dismissal. Provided also that the engagement of a casual hand may be terminated at any time.

(3) Where a worker is required by the employer to work in the rain, suitable protective clothing shall be provided free by the employer.

(4) (a) Travelling Time. When a worker is sent to work from the depot to which he is attached, he shall be paid for travelling time from the depot to the job and if he is required to return to his depot on the same day, he shall be paid travelling time for such return journey.

(b) A worker sent for duty to a place other than his regular place of duty shall be paid his excess travelling expenses.

(5) Change Room. Where practicable, suitable dressing accommodation shall be provided with facilities for boil- ing water.

(6) Cleaners who are required to work their ordinary hours each day in two shifts and where the break between the two shifts is not less than four hours, shall be paid an allowance of fifty cents per day.

17.—Board of Reference. (1) The Western Australian Industrial Commission

hereby appoints for the purpose of this award, a Board of Reference consisting of a chairman and two other members who shall be appointed pursuant to regulation 60 of the Industrial Arbitration Act (Western Australian Industrial Commission) Regulations 1971.

(2) The Board of Reference is hereby assigned the function of determining any dispute between the parties in relation to any matter which under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference.

18.—Preference. (1) In this clause—

"the union" means The West Australian Cleaners, Caretakers, Lift Attendants, Window Cleaners, Attendants and Watchmen's Industrial Union of Workers (Perth).

"unionist" means a worker who is a member of the union.

"non-unionist" means a worker who is not a member of the union.



(b) Upon being notified that he has been accepted as a member of the union, do such things as may be required under the rules of the union in relation to his admission to membership; and


worker-— (a) who holds a certificate of exemption from

membership of the union issued and in force pursuant to section 61B of the Industrial Arbi- tration Act, 1912-1971.

(b) who, prior to the expiration of the seven days referred to in that subclause, has applied for such a certificate of exemption, unless and until that application is finally determined under that section; or


(4) (a) Where the secretary of the union has notified an employer that a non-unionist to whom the provisions of subclause (2) of this clause apply has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than twenty-four hours to the exclusion of any well conducted unionist who is employed by, or who applies for employment with that employer and who is adequately experienced and otherwise competent in the work performed by that non-unionist, and is of the sex to which that work is allotted by this award, or where the award makes no such provision by custom.

(b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non-unionist by his employer the provisions of clause 6 of this award are hereby declared inoperative in respect of that dismissal but only if—

(i) a unionist is engaged to commence work in the place of the non-unionist; and

(ii) that dismissal does not become effective before the unionist has so commenced.

(5) A non-unionist shall not be engaged for any work to the exclusion of a well conducted unionist if that unionist—


(b) applies to that employer, for employment on that work—


(ii) within the time specified by that employer in any advertisement calling for such applications,

whichever is the later; (c) is able to commence work at the time required by


allotted by this award or, where the award makes no such provision, by custom.


(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B of the Industrial Arbi- tration Act, 1912-1971; or


19.—No Reduction. This award shall not in itself operate to reduce the wage

of any worker who is at present receiving above the minimum rate prescribed for his class of work.

20.—Wages. The minimum rates of wages payable to workers cov-

ered by this award shall be as follows: (1) Basic Wage (per week); $

Males 44.00 Females 39.00

(2) Classification: (a) Males:

Caretaker... Watchmen . Gatekeeper. Cleaner

Margin Special per week Payment

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [21 November, 1973. 140)

(b) Females: Cleaner:

Full time 13.80 Part time

(i) weekly rate calculated pro rata in the proportion which the hours of work bear to forty;

(ii) when regularly employed for less than twelve hours per week a worker shall be paid a loading of fifteen per cent in lieu of sick leave, annual leave and public holidays.

(3) A casual worker shall be paid fifteen per cent of the ordinary rate in addition to the ordinary rate prescribed for the designated class of work.

(4) (a) Notwithstanding the provisions of this award, no male worker twenty-one years of age or over, shall be paid less than $70.00 per week (inclusive of a special payment of $11.00 per week) as his ordinary rate of pay in respect of the ordinary hours of work prescribed by this award.

(b) Where the minimum rate of pay is applicable the same rate shall be payable on holidays, during annual leave, sick leave and long service leave.

(c) Notwithstanding the foregoing, where in this award an additional rate is prescribed for any work as a percentage, fraction or multiple of the ordinary rate of pay it shall be calculated upon the rate prescribed in this award for the classification in which the worker is employed.

CHARCOAL IRON AND STEEL INDUSTRY.


BEFORE THE WESTERN AUSTRALIAN- INDUSTRIAL COMMISSION.

No. 1289 of 1973. Between Australian Workers' Union, West-

ralian Branch, Industrial Union of Work- ers, Applicant, and Hon. Minister for In- dustrial Development, Respondent.

HAVING heard Mr. J. Isherwood on behalf of the applicant and Mr. J. Carrigg on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The Western Austra- lian Industrial Commission, in pursuance of an allocation to me under section 54 of the In- dustrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Charcoal Iron and Steel In- dustry Award No. 24 of 1960, as amended, be and the same is hereby further amended and consolidated in accordance with the following schedule.



1.—Title. This Award shall be known as the "Charcoal Iron and

Steel Industry Consolidated Award 1973."

2.—Arrangement. 1. Title. 2. Arrangement. 3. Area. 4. Scope. 5. Term. 6. Contract of Service. 7. Breakdowns. 8. Higher Duties. 9. Special Rates and Provisions.

10. Hours (Day Workers). 11. Overtime (Day Workers). 12. Continuous Shift Workers. 13. Shift Work. 14. Rest Period After Overtime. 15. Public Holidays. 16. Annual Leave. 17. Sick Leave. 18. Interviewing Workers. 19. Shop Stewards. 20. Board of Reference. 21. Record. 22. Long Service Leave. 23. Preference to Unionists. 24. Reduction of Workers. 25. Definitions. 26. General Conditions. 27. First Aid Attendant. 28. Wages.

3.—Area. This Award shall operate over the area comprised

within the South-West Land Division of the State of Western Australia.

4.—Scope. This Award shall apply to the workers employed in the

classifications set out in clause 28.

5.—Term. The term of this Award shall be for a period of two

years from the beginning of the first pay period commencing after the date hereof. (The date of this Award is the 23rd December, 1960.)

6.—Contract of Service. (1) Except in the case of casual workers whose engage-

ment shall be by the day, the contract of service shall be by the week and shall be terminable by one week's notice given on either side on any day. If the employer or a worker fails to give the required notice one week's wages shall be paid or forfeited.

(2) The employer shall be under no obligation to pay for any day not worked upon which the worker is required to present himself for duty, except such absence from work is due to illness and comes within the provisions of clause 17 or such absence is on account of holidays, annual leave or long service leave to which the worker is entitled under the provisions of this Award.

(3) This clause does not affect the right to dismiss for wilful misconduct.

7.—Breakdowns. The employer shall be entitled to deduct payment for

any day or portion of a day on which the worker cannot be usefully employed because of any strike by the Union or Unions affiliated with it, or by any other Association or Union associated with it or through the breakdown of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent with the exception of wet weather in which case the decision as to whether it is too wet to work shall rest with the officer in charge.


8.—Higher Duties. If a worker is employed on work classified at a higher

minimum than his ordinary work for more than two hours in any shift, he shall be paid the minimum rate for such work for the whole of that shift. If he is employed for less than two hours, he shall be paid at his ordinary rate for the whole shift.

9.—Special Rates and Provisions. (1) An allowance of two dollars and fifty cents per weel^

shall be paid to workers employed on continuously running plant at Wundowie.

(2) Protective Equipment— (a) The employer shall have available a sufficient

supply of protective equipment (as for example, safety helmets, goggles, gloves, aprons, sleeves and leggings) for use by his workers when engaged on work for which some protective equipment is reasonably necessary. Workers required to work in the rain shall on request be supplied with gum boots and/or oilskins.

(b) Every worker shall sign an acknowledgment on receipt of any article of protective equipment and shall return same to the employer when he has finished using it or on leaving his employment.

(c) No worker shall lend another worker any such article of protective equipment issued to such first mentioned worker, and if same are lent, both the lender and the borrower shall be deemed guilty of wilful misconduct.

(d) Before goggles, or gloves or any such substitutes which have been used by a worker are re-issued by the employer to another worker they shall be effectively sterilised.

(e) During the time any article of protective equipment is on issue to the worker, he shall be responsible for any loss or damage thereto, fair wear and tear attributable to ordinary use excepted.

(3) Junior workers shall be deemed to be included in the foregoing provisions of this clause.

(4) Any dispute between the parties to this award in relation to the application of any of the foregoing special rates and provisions which is not settled by agreement between the parties shall be determined by a Board of Ref- erence.

10.—Hours (Day Workers). (1) The ordinary working hours shall not exceed forty in

any one week and shall not exceed eight hours in any one day Monday to Friday inclusive and shall be worked between the hours of 7a.m. and 5.30 p.m.

Provided that the spread of hours for workers engaged on ore handling shall be between 6 a.m. and 10 p.m.

Provided further that any shift commencing on or after 2 p.m. shall be regarded as an afternoon shift, and the appropriate shift penalty rate shall be paid for all work performed thereon.

(2) The meal interval shall not exceed one hour. (3) (a) Subject to the provisions hereinafter contained,

a rest period of seven minutes from the time of ceasing to the time of resumption of work shall be allowed each morning.

(b) This interval 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. Morning tea may be taken by workers during this interval, but the period of seven minutes shall not be exceeded under any circumstances. Upon proof of breach by any worker of any provision hereinbefore expressed or implied, the Court may grant the employer concerned exemption from liability to allow the rest period aforesaid.

11.—Overtime (Day Workers). (1) All time worked in excess of or outside the ordinary

working hours Monday to Friday inclusive shall be paid at the rate of time and a half for the first two hours and double time thereafter.

(2)Saturday—Work performed on Saturday prior to 12 noon shall be paid for at the rate of time and a half for the first two hours and double time thereafter and all work performed after 12 noon shall be paid for at the rate of double time.

Sundays—All work performed on Sundays shall be paid for at the rate of double time.

(3) When a worker is recalled to work overtime after leaving his employer's business premises (whether notified before or after leaving such premises) he shall be paid for at least three hours at overtime rates.

(4) When a worker, without being notified on the previous day, is required to continue working after his usual knock off time for more than one hour, or after 6 p.m. whichever is the later, he shall be provided with any meal required or be paid one dollar and twenty five cents in lieu thereof.

Provided that this shall not apply to any worker who lives in the locality in which the place of work is situated in respect of any meal for which he can reasonably go home.

(5) A worker shall not be compelled to work for more than five hours without a break for a meal.

(6) When a worker is required for duty during the meal interval, whereby his meal time is postponed for more than half an hour, he shall be paid at overtime rates from the time he usually commences his meal interval until he gets his meal.

(7) The employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement

12.—Continuous Shift Workers. (1) The ordinary working hours shall not exceed 40 in

any week to be worked in five shifts of eight hours each inclusive of crib time.

(2) All time worked in excess of or outside the ordinary working hours as prescribed shall be paid for at the rate of double time.

(3) These overtime rates shall not apply to excess time worked due to private arrangement between the workers themselves, or owing to a relieving man failing to come on duty at the proper time, or where such time is worked to effect the periodical rotation of shifts.

The time for which any worker may be paid at ordinary rates instead of overtime, due to a relieving man failing to come on duty at the proper time shall not exceed two hours, after expiration of which, overtime rates shall apply for the whole of the extra time worked.


(5) When a worker, without being notified on the previous day is required to continue working after his usual knock-off time for more than one hour he shall be provided with any meal required or be paid one dollar and twenty five cents in lieu thereof.

Provided that this shall not apply to any worker who lives in the locality in which his place of work is situated in respect of any meal for which he can reasonably go home.

(6) All work performed during ordinary working hours on Saturday or Sunday shall be paid for at the rate of time and one half. These rates shall be paid in lieu of the shift allowances prescribed by subclause (9) hereof.


(7) Notwithstanding anything contained in this Award to the contrary, no time of duty whatsoever shall be required to be paid for at more than double time rate, i.e. double ordinary rate.

(8) The employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.

(9) A shift worker shall in addition to his ordinary rate, be paid per shift of eight hours at the rate of twenty two and one half per cent of one fifth of the basic wage when on afternoon or night shift.

13.—Shift Work. (1) (a) A worker who does not work at least one week on

day shift out of each consecutive three weeks shall be paid for each shift other than day shift at the rate of time and one quarter: Provided that if he is required to work for more than one week consecutively on afternoon or night shift, such a worker shall be paid at the rate of time and one-quarter for each shift other than day shift in the consecutive second or subsequent weeks of afternoon or night shift.

(b) This subclause shall not apply to workers to whom it would only otherwise apply because of a change of shift due to a private arrangement with another worker nor to workers (known as "relief workers") regularly employed on continuous process work who are required to work shifts to enable other workers engaged on such work to change shifts weekly and to have their days off, if such relief worker is not required to work more night or afternoon shifts than the number of day shifts worked by him.

(2) (a) Where any particular process is carried out by workers on shifts other than day shift and less than five consecutive afternoon or five consecutive night shifts are worked on that process, then such workers shall be paid at overtime rates. A worker who replaces a regular shift worker on afternoon or night shift, absent for any reason beyond the control of the employer, shall be paid at the rate of time and a quarter if he does not work for five consecutive afternoon or night shifts and at the appropriate shift work rate if he works five or more of such shifts consecutively.

(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 Sat- urday or Sunday or on any public holiday.

14.—Rest Period After Overtime. (1) When overtime work is necessary, it shall wherever

reasonably practicable, be so arranged that workers have at least eight consecutive hours off duty between the work of successive days.

(2) A worker (other than a casual worker) who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least eight consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(3) If, on the instructions of his employer, such a worker resumes or continues work without having had such eight consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(4) Where a worker (other than a casual worker or a worker engaged on continuous shift work) is called in to work on a Sunday or public holiday preceding any ordinary working day, he shall, wherever reasonably practicable be given eight consecutive hours off duty before his usual starting time on the next day. If this is not practicable then the provisions of subclauses (2) and (3) shall apply mutatis mutandis.

15.—Public Holidays. (1) (a) The following days or the days observed in lieu

shall, subject as hereinafter provided, be allowed as holidays, without deduction of pay, namely:New Year's Day, Australia Day (January 26), 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 paragraph.

(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 fall on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(2) (a) A worker who is required to work on a holiday prescribed herein in his ordinary hours of work shall be paid for the time worked at the rate of time and a half, and shall in addition be allowed a day's leave with pay to be added to annual leave or taken at some other time if the worker so agrees. Provided that in lieu of the foregoing, and subject to agreement between the employer and the worker, the time worked may be paid for at the rate of double time and a half. If a worker is required to work on a holiday outside of his ordinary hours of work he shall be paid for the time worked at the rate of double time and a half.

(b) A continuous shift worker 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 worker so agrees.

(c) When a worker is off duty owing to leave without pay or sickness, including accidents on or off duty, except time for which he is entitled to claim sick pay, any holiday falling during such absence shall not be treated as a paid holiday.

Where a worker is on duty or available on the working day immediately preceding a holiday, or resumes duty, or is available on the working day immediately following a holiday, as prescribed in this clause, the worker shall be entitled to a paid holiday on all such holidays.

(d) A casual worker shall not be entitled to payment for any holiday referred to in this clause.


consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer after a period of twelve months' continuous service with that employer.

(2) (a) A seven day shift worker, i.e. a shift worker who is rostered to work regularly on Sunday and holidays shall be allowed one week's leave in addition to the leave to which he is otherwise entitled under this clause.

(b) Where a worker with twelve months' continuous service is engaged for part of a qualifying twelve monthly period as a seven day shift worker, he shall be entitled to have the period of annual leave to which he is otherwise entitled under this clause increased by one-twelfth of a week for each completed month he is continuously engaged.

(3) If any holiday under this Award falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordinary working day, there shall be added to that period one day being an ordinary working day for each such holiday as aforesaid.

(4) (a) Subject to paragraph (b), when computing annual leave due under this clause, no deduction shall be made from such leave in respect of the period that a worker is on annual leave and/or holidays: Provided that no deduction shall be made for any approved period a worker is absent from duty through sickness, with or


without pay, unless the absence exceeds three calendar months, in which case deduction may be made for such excess only.


(5) After one month's continuous service in any qualifying twelve monthly period a worker whose employment terminates shall be paid, in respect of each completed month of continuous service in that qualifying period, one quarter of a week's pay at his ordinary rate of wage if his employment is terminated by the employer through no fault of the worker.

(6) Any worker who may resign or be dismissed from the service for any cause, other than for peculation or theft, shall be entitled to receive payment for any annual leave which may have been due up to the time of leaving the service: Provided that if the worker has been dismissed for peculation or theft, no claim for annual leave shall be recognised. Misconduct herein referred to shall not affect accumulated annual leave or payment therefor.

(7) "Ordinary Wages" for the purpose of subclause (1) hereof, shall mean the rate of wage the worker has received for the greatest proportion of the calendar month prior to his taking the leave.



attendance on the ground of personal ill-health for one sixth of a week's pay for each completed month of service.

(b) The unused portion of the entitlement prescribed in paragraph (a) hereof in any accruing year shall be allowed to accumulate and may be availed of in the next or any succeeding year.

(c) Payment hereunder may be adjusted at the end of each accruing year, or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness in that year to a greater allowance than that made at the time the sickness occurred.

(2) This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act, 1912.

(3) No worker shall be entitled to the benefit of this clause unless he produces proof to the satisfaction of the employer or his representative of such sickness provided that the employer shall not be entitled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year.

(4) No payment shall be made for any absence due to the worker's own fault, neglect or misconduct.

18.—Interviewing Workers. With the permission of the officer in charge, any officer

of the Union authorised in writing by the President and Secretary of such Union shall have the right to enter the premises at all reasonable times for the purpose of conversing with or interviewing members of the Union covered by this Award.

Provided that such officer shall not hamper or otherwise hinder the workers in the carrying out of their work. The officer in charge shall determine whether workers are being hampered or hindered in their work.

19.—Shop Stewards. Stewards to be appointed by the Union shall be recog-

nised by the employer. The employer shall be notified in writing by the Union of the Shop Stewards appointed.

1411

20.—Board of Reference. (1) In the event of a dispute the parties agree to apply

to the Commission for a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to the Regulations of the Industrial Arbi- tration Act (Western Australian Industrial Commission) Regulations 1971.

(2) The Board of Reference is hereby assigned to the function of determining any dispute between the parties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference.

21.—Record. (1) The employer shall keep a time and wages record

showing the name of each worker, 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.

22.—Long Service Leave. The conditions governing the granting of long service

leave to full time Government wages employees generally shall apply to workers covered by this Award.

23.—Preference to Unionists. Preference of employment shall be given to members of

the Australian Workers' Union, Westralian Branch, Indus- trial Union of Workers, provided that any worker or applicant for employment who is a member of another recognised industrial union and who produces proof of such membership shall be entitled to equal preference, Provid- ed also, that any worker or applicant for employment who is not a member of any registered industrial union shall within fourteen days of commencing employment under this Award make and complete an application for membership of the said Union, and provided that any worker who is a financial member of another registered industrial union shall, upon the expiration of his current membership with such other union, within fourteen days of such expiry, make and complete an application for membership with the Australian Workers' Union.

24.—Reduction of Workers. Should occasion arise to reduce the number of men em-

ployed, the Manager, in selecting those to be retained, shall give full weight to the consideration of length of service, and all things being equal shall reatain those who have been longest in the employ of the company.

25.—Definitions. "Casual Worker" means a worker whose employment is

terminated through no fault of his own before the expiration of one week.

"Junior Worker" means a male worker under the age of twenty-one (21) years.

26.—General Conditions. The provisions of the Factories and Shops Act shall

apply in respect to Lunch Rooms, Change Room, Toilet Facilities, Washing Facilities, Drinking Facilities and First Aid.

27.—First Aid Attendant. The employer shall, wherever practicable, appoint a

worker with either first aid knowledge or holding first aid qualifications from St. John's Ambulance or similar body to carry out first aid duty at all works or depots where workers are employed. Such workers so appointed in addition to first aid duties shali be responsible under the general supervision of the foreman for maintaining the con- tents of the first aid kit, conveying it to the place of work and keeping it in a readily accessible place for immediate use.


Workers so appointed shall be paid the following rates in addition to their prescribed rate:—

Ten or In Less excess other of Ten

Workers. Other Workers,

per day per day (a) Unqualified attendant 10c 15c (b) Qualified attendant 25c 40c (c) Qualified attendant at a

Depot 35c 50c

28.—Wages.

The minimum rates of wages payable under the provisions of this award shall be as follows:—

$ (1) Basic Wage per week 44.00

(2) Margins per week: (a) Blast Furnace Section—

(i) Furnace Keeper 23.00 (ii) Keepers Assistant 17.30

(iii) Scale Car Attendant 20.50 (iv) Plant Hand 11.60

(b) Retort Section— (i) Batch Retort Operator 21.20

(ii) Charcoal Hand 13.40 (iii) Continuous Retort Operator 24.10 (iv) Retort Charger using mechanical

equipment 22.30 (c) General Section—

(i) Shaking ladle Operator 24.10 (d) Labourers 10.75 (e) Quarry Section—

(i) Powder Monkey 30.90 (ii) Powder Monkey's Assistant 26.20

(iii) Crusher Plant Operator 27.80 (iv) Driller 32.00

(f) Grader Operators— (i) Grader Operator below 50 nett en-

gine h.p 35.10 (ii) Grader Operator over 50 to 100

nett engine h.p 36.90 (iii) Grader Operator over 100 nett en-

gine h.p 39.40 (g) Front End Loader Operators—

(i) up to 3 4 cubic yard and 150 nett engine h.p 35.10

(ii) above U cubic yard up to 3 cubic yard and above 150 to 300 nett engine h.p 36.90

(iii) above 3 cubic yards and above 300 nett engine h.p 39.40

(h) Rear and/or Bottom and/or Side Dump Truck Operators—

(i) up to and including 3 cubic yards capacity 30.10

(ii) over 3 up to and including 20 cubic yard capacity 33.20

(iii) over 20 up to and including 40 cubic yard capacity 35.10

(iv) over 40 cubic yard capacity 36.90

(3) Leading Hands: A worker placed in charge of three or more other workers shall in addition to his ordinary wage be paid— (a) Not less than three and not more than ten

other workers $5.00 per week extra. (b) More than ten and not more than twenty other

workers $7.50 per week extra. (c) More than twenty other workers $10 per week

extra.

(4) Junior Workers (% of Basic Wage): % Under 17 years of age 60 Under 18 years of age 80 Under 19 years of age 100 At 19 years of age full

Adult Pay

(5) Casual Workers: Casual Workers shall be paid fifteen percent in addition to the rate prescribed in this clause.

(6) Offset Clause: If during the currency of this Award, the Western Australian Industrial Commission should prescribe a basic wage generally, or in any district, differing in amount from that prescribed of $44.00 per week, then the margins herein prescribed in sub-paragraphs (1) (e), (f), (g) and (h) deemed to be increased or decreased as the case may be to the same extent as that basic wage may be decreased or increased by the said Commission as aforesaid, so that the rates provided in sub-paragraphs (1) (e), (f), (g) and (h) shall remain constant.

(7) Minimum Wage— (a) Notwithstanding the provisions of this Award

no male worker (including an apprentice), twenty-one years of age or over, shall be paid less than $65.50 per week as his ordinary rate of pay in respect of the ordinary hours of work prescribed by this award.

(b) Where the said minimum rate of pay is applicable the same rate shall be payable on holidays, during annual leave, sick leave, long service leave and any other leave prescribed by this award.

(c) Notwithstanding the foregoing, where in this award an additional rate is prescribed for any work as a percentage, fraction or multiple of the ordinary rate of pay it shall be calculated upon the rate prescribed in this award for the classification in which the worker is employed.

CLUB EMPLOYEES.



No. 1104 (73) of 1973. Between The Perth Club and others, Appli-

cants, and the Hotel, Club, Caterers, Tea Room and Restaurant Employees Indus- trial Union of Workers, Perth, Respond- ent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. E. L. Fry on behalf of the respondent, I, the undersigned, Commis- sioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of


the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Club Employees Award No. 45 of 1968, as amended, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 14th day of September, 1973.

Schedule. 1. Clause 9.—Additional Rates for Ordinary Hours:

Delete subclause (1) of this clause and insert in lieu:— (I) A worker who is required to work any of his

ordinary hours between 7.00 p.m. and 7.00 a.m., Monday to Friday both inclusive, shall be paid at the rate of an extra twenty cents per hour for each such hour worked.

2. Clause 18.—Uniforms and Laundering: Delete this clause and insert in lieu:—

(Sgd.) D. CORT, Commissioner.

Schedule. Add the following new clause to this award:—

Adjustment of Female Rates of Pay. (1) Where the Margin prescribed herein for an adult

female is equal to, or greater than, the increase in the femal basic wage which will result from the declaration of a basic wage for female workers on the 27th day of August, 1973 by the Commission in Court Session, such margin shall be automatically reduced by the same amount as the basic wage is so increased in order that the total wage for that female worker shall remain constant.

(2) This clause shall operate until the 31st day of March, 1974 and shall cease to have effect after that date.

CLUB EMPLOYEES.



No. 984 of 1972. Between the Hotel, Club, Caterers, Tea Room

and Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Perth Club and others, Respondents.

HAVING heard Mr. J. T. Alexander on behalf of the applicant and Mr. G. R. Gillies on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The West- ern Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Club Employees' Award No. 45 of 1968 as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


(Sgd.) J. R. FLANAGAN, fL.S.l Commissioner.

18.—Uniforms and Laundering. Where the employer requires uniforms to be worn,

they shall be supplied, laundered, and remain the property of the employer, provided that in lieu of the employer laundering same, the worker shall be paid sixty cents per week for such laundering.

3. Clause 26.—Wages: Delete subclause (2) of this clause and insert in lieu:—

26.—Wages. (2) Classifications and margins over male or

female basic wage per week: $ Group 1—

Cooks—in establishments where three or more cooks are employed— (a) First cook 27.35 (b) Second cook 23.85 (c) Third cook 22.35 (d) Where more than three cooks are

employed the minimum shall be. 22.35 Group 2—

Where two cooks are employed— (a) First cook 25.30 (b) Second cook 23.00

Group 3— Where only one cook is employed 24.05

Group 4— (a) Barman 22.55 (b) Steward 20.55 (c) Waiter 20.55 (d) Night Porter 19.25 (e) Hall Porter 19.25 (f) Kitchenman 19.25 (g) Pantryman 19.25 (h) Lift attendant 19.25

Yardman. Group 5—

(a) Barman 22.55 (b) Stewardess 20.55 (c) Waitress 20.55 (d) Snack bar attendant 20.55 (e) Housemaid 20.55 (f) Kitchenmaid 20.55 (g) Pantrymaid 20.55 (h) Laundress 20.55

Notwithstanding the provisions of this subclause a worker who has had less than four weeks' experience in the trade as a barmaid or barman shall be entitled to receive only an amount equal to the male basic wage.

(3) A barman or barmaid who is appointed as head barman or barmaid and placed in charge of other workers shall be paid an amount of $5.00 per week in addition to the rates prescribed in this clause.

(4) Junior Male Workers: (percentage of male basic wage per week): ^

Under 18 years of age 69.50 Between 18 and 19 years of age 82.80 Between 19 and 20 years of age 98.80 Between 20 and 21 years of age 100.00

+ $3.50


Provided that any junior male worker employed in the classifications of (b) and (c) of Group 4 shall be paid on reaching the age of nineteen years, the full adult rate prescribed for such classifications.

Provided further that adult rates shall be paid to junior Barmen and Barmaids.

(5) Notwithstanding the rates prescribed in subclauses (1) and (2) of this clause the total rates prescribed for the classifications in Groups 1, 2 and 3 where the work is performed by females and for classifications (a), (b) and (c) in Group 5, shall be equal to the total rate for the respective equivalent male classification.

CLUB EMPLOYEES. (Sporting Clubs.)

Award No. 45A of 1968.


No. 1104 (74) of 1973. Between Claremont Yacht Club and others,

Applicants, and the Hotel, Club, Caterers, Tea Room and Restaurant Employees' In- dustrial Union of Workers, Perth, Re- spondent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. E. L. Fry on behalf of the respondent, I, the undersigned, Commis- sioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Club Employees' (Sporting Clubs) Award No. 45A of 1968, as amended, be and the same is hereby further amended in accordance with the following schedule.



Schedule. Add the following new clause to this award.

Adjustment of Female Rates of Pay. (l)Where the margin prescribed herein for an adult

female is equal to, or greater than, the increase in the female basic wage which will result from the declaration of a basic wage for female workers on the 27th day of August, 1973 by the Commission in Court Session, such margin shall be automatically reduced by the same amount as the basic wage is so increased in order that the total wage for that female worker shall remain constant.


CLUB EMPLOYEES. (Sporting Clubs.)



No. 985 of 1972.

Between the Hotel, Club, Caterers, Tea Room and Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Claremont Yacht Club and others, Re- spondents.

HAVING heard Mr. J. T. Alexander on behalf of the applicant and Mr. G. R. Gillies on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The West- ern Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Club Employees' (Sporting Clubs) Award No. 45A of 1968, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. 1. Clause 9.—Additional Rates for Ordinary Hours:

Delete subclause (1) of this clause and insert in lieu:— (1) A worker who is required to work any of his

ordinary hours between 7.00 p.m. and 7.00 a.m., Monday to Friday inclusive, shall be paid at the rate of an extra twenty cents per hour for each such hour worked.

2. Clause 17.—Uniforms and Laundering: Delete this clause and insert in lieu:—

17.—Uniforms and Laundering. Where the employer requires uniforms to be worn,

they shall be supplied, laundered, and remain the property of the employer, provided that in lieu of the employer laundering same, the worker shall be paid sixty cents per week for such laundering.

3. Clause 25.—Wages: Delete subclause (2) of this clause and insert in lieu:


25.—Wages. (2) Classifications and margins over male and

female basic wage per week: Group 1—

Cooks—in establishments where three or more cooks are employed— $ (a) First cook 27.35 (b) Second cook 23.85 (c) Third cook 22.35 (d) Where more than three cooks are

employed the minimum shall be. 22.35 Group 2—

Where two cooks are employed— (a) First cook 25.30 (b) Second cook 23.00


Group 4— (a) Barman 22.55- (b) Steward 20.55 (c) Waiter 20.55 (d) Kitchenman 19.25 (e) Pantryman 19.25 (f) Yardman 19.25

Group 5— (a) Barmaid 22.55 (b) Stewardess 20.55 (c) Waitress 20.55 (d) Snack bar attendant 20.55 (e) Kitchenmaid 20.55 (f) Pantrymaid 20.55 (g) Laundress 20.55

Notwithstanding the provisions of this subclause a worker who has had less than four weeks' experience in the trade as a barmaid or barman shall be entitled to receive only an amount equal to the male basic wage.

(3) A barman or barmaid who is appointed as head barman or barmaid and placed in charge of other workers shall be paid an amount of $5.00 per week in addition to the rates prescribed in this clause.

(4) Notwithstanding the rates prescribed in subclause (1) and (2) of this clause the total rates prescribed for the classifications in Groups 1, 2 and 3 where the work is performed by females and for classifications (a), (b) and (c) in Group 5, shall be equal to the total rate for the respective equivalent male classifications.

(Gold Mining.)



No. 899 of 1973. Between Electrical Trades Union of Workers

of Australia (Western Australian Branch), Perth, Applicant, and Lake View & Star Ltd. and others, Respondents.

HAVING heard Mr. E. H. Smith on behalf of the applicant and Mr. J. W. Schneider on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The West- ern Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971,

and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Electrical Trades (Gold Min- ing) Award No. 57 of 1968, as amended, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 26th day of October 1973.

(Sgd.) D. CORT, IL.S.l Commissioner.

Schedule. 1.Clause 15—Annual Leave: Delete existing subclause

(2) and insert in lieu:— (2) (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 a worker by his employer after a period of twelve months' continuous service with that employer.


(ii) Subject to paragraph (c) hereof a worker shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable.

(aa)The rate applicable to the worker as prescribed in Schedule 1—Rates of Wages, Clause 7—District Allowance and Clause 33—First Aid, and

(bb)Subject to paragraph (c) (ii) the rate prescribed for work in ordinary time by clause 8 — Hours, Clause 10—Continuous Shift Workers and Clause 12—Shift Work, of the Award according to the worker's roster or projected roster including Saturday and Sunday shifts,

(cc) The rate payable pursuant to clause 17—Mixed Functions calculated on a daily basis, which the worker would have received for ordinary time during the relevant period whether on a shift roster or otherwise,

(dd)Any other rate to which the worker is entitled in accordance with his contract of employment for 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, and Clause 24—Spe- cial Rates and Provisions, of this award, nor any payment which might have become payable to the worker as reimbursement for expenses incurred.


(c) During a period of annual leave a worker shall receive a loading calculated on the rate of wage prescribed by paragraph (b) (ii) (aa) hereof. The loading shall be as follows:—

(i) Day Workers—A worker who would have worked on day work had he not been on leave—a loading of 171/2%.

(ii) Shift Workers—A worker who would have worked on shift work had he not been on leave—a loading of

Provided that where the worker would have received shift loadings prescribed by clause 8—Hours, Clause 10—Continuous Shift Workers, and clause 12—Shift Work had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 171/2%, then the shift loadings shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) hereof in lieu of the 171/2% loading.

Provided further, that if the shift loadings would have entitled him to a lesser amount than the loading of 171/2% then such loading of 171/2% shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) hereof in lieu of the shift loadings.


(d) The provisions of this subclause shall not operate in respect of leave fully due prior to 1st August, 1973 irrespective of the date at which such leave is taken.

ENGINE DRIVERS. (Gold Mining.)



No. 1115 of 1973. Between the Federated Engine Drivers and

Firemen's Union of Workers of Western Australia, Applicant, and Lake View & Star Limited and others, Respondents.

HAVING heard Mr. C. Mumme on behalf of the applicant and Mr. A. J. Collins on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1971, and all other powers therein enabling me, do hereby order and declare—

That the Engine Drivers (Gold Mining) Award No. 37 of 1947, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. Clause 14—Annual Leave: Delete subclause (2) of this

clause and insert in lieu:— (2) (a) Except as hereinafter provided, a period of

four consecutive weeks leave with payment as prescribed in paragraph (b) hereof snail be allowed annually to a worker by his employer after a period of twelve months' continuous service with that employer. (b) (i) A worker before going on leave shall be paid

the wages he would have received in respect of the ordinary time he would have worked had he not been on leave during the relevant period.

(ii) Subject to paragraph (c) hereof a worker shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable.

(aa) The rate applicable to him as prescribed by clause 5—Rates of Wages, clause 25, First Aid and Schedule 2—District Allowance of the award and;

(bb) Subject to paragraph (c) (ii) hereof the rate prescribed for work in ordinary time by clause 8—Continuous Shift Workers and Clause 10—Shift Work of the award according to the worker's roster or projected roster including Saturday and Sunday shifts;

(cc) The rate payable pursuant to clause 18—Mixed Functions calculated on a daily basis, which the worker would have received for ordinary time during the relevant period whether on a shift roster or otherwise;

(dd) Any other rate to which the worker is entitled in accordance with his contract of employment for 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 7—Overtime and clause 12—Wet Places, of this award, nor any payment which might have become payable to the worker as reimbursement for expenses incurred.

(c) During a period of annual leave a worker shall receive a loading calculated on the rate of wage prescribed by paragraph (b) (ii) (aa) hereof. The loading shall be as follows:—

(i) Day Workers—A worker who would have worked on day work had he not been on leave—a loading of 17 % %.

(ii) Shift Workers—A worker who would have worked on shift work had he not been on leave—a loading of 17 Vz %.

Provided that where the worker would have received shift loadings prescribed by clause 8—Contin- uous Shift Workers and clause 10—Shift Work had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 17 Vz % then the shift loadings shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) hereof in lieu of the 17 Vz % loading.

Provided further, that if the shift loadings would have entitled him to a lesser amount than the loading of 17 V2 % then such loading of 17 Va % shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) hereof in lieu of the shift loadings.


The loading prescribed by this subclause shall not operate to proportionate leave on termination.

(d) The provisions of this subclause shall not operate in respect of leave fully due prior to 1st August, 1973 irrespective of the date at which such leave is taken.

ENGINE-DRIVERS (Locomotive—Government.)



No. 1297 of 1973. Between the West Australian Locomotive En-

gine Drivers', Firemen's and Cleaners' Union of Workers, Applicant, and West- ern Australian Government Railways Commission, Respondent.

HAVING heard Mr. L. Young on behalf of the applicant and Mr. A. R. B. King on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The Western Austra- lian Industrial Commission, in pursuance of an allocation to me under section 54 of the In- dustrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Government Railways Locomotive Enginemen's Award No. 13 of 1973 as amended, be and the same is hereby further amended in accordance with the following schedule.



Schedule. Clause 15.—Lodging Allowance: Delete this clause and

insert in lieu:— 15.—Lodging Allowance.

(1) The following allowances shall be paid to workers covered by this Award booked off or temporarily lodging away from their home stations:—

(a) For the first thirty hours or part thereof, the sum of four dollars and forty cents, where attended and four dollars and seventy five cents where unattended barracks are provided and five dollars and forty five cents where there are no barracks.

(b) After the first thirty hours and up to seven days, the sum of twenty cents per hour and thereafter seventeen cents per hour; provided that the reduction from twenty cents to seventeen cents shall be made only in cases where the worker shall be stationed for over seven days in one place.

Provided that a deduction of thirty six cents per day or night, with a maximum of one dollar and eighty cents per week, shall be made where attended barracks are provided and a deduction

of eighteen cents per day or night with a maximum of ninety cents per week, shall be made where unattended barracks are provided. No such deduction shall be made if the worker returns to his home station within forty-four hours.

(c) The allowance shall be calculated from the time of booking on to the time of booking off at home station.

(d) In addition to the allowances provided for in paragraphs(a) and (b), a worker booked off or temporarily lodging in a district carrying an allowance shall be granted such allowance, or, if already in receipt of a district allowance, shall be granted the difference between such allowance and any higher allowance applicable to the district in which he is booked off or lodging; a day's allowance to be granted for the first thirty hours or any part thereof and each subsequent twenty four hours or part thereof; time to be calculated from time of departure from home station to time of departure from foreign station. The district allowance at the place booked off or temporarily lodging shall be that applicable to a single man.

(e) When a worker in the suburban area is required to work at a suburban depot other than the depot at which he is stationed the following will apply—

(i) for the first week an allowance of twelve cents per mile in both directions between depots will be paid.

(ii) for periods of more than one week where the distance the worker is required to travel from his home to the depot where he is working is greater than the distance he is required to travel from his home to the depot where he is usually stationed, he will be paid an allowance of twenty cents per mile in both directions for the extra distance he is required to travel, such allowances as specified in subparagraphs (i) and (ii) of this paragraph are to Toe in recognition of the cost and time taken for the extra distance to be travelled.

(f) Workers temporarily transferred for a period exceeding three months, but which is not expected to exceed six months, for the purpose of meeting seasonal or exceptional or temporary traffic, and not moving their permanent homes, will be paid a weekly allowance (if married) of fourteen dollars; if single of seven dollars in lieu of transfer or lodging allowance to cover the excess cost of living away from their home.

Provided that, should any other lodging allowance become due to a worker whilst transferred, such allowance, together with the allowance provided for in the foregoing paragraphs, shall in no case exceed the allowance payable under paragraphs (a), (b) and (d).

(g) Where workers under the preceding paragraph are employed on a series of works up and down the line and are provided with sleeping accommodation in vans, the removal of vans from one place to another will not be deemed to have altered their headquarters.

(h) The employer may make any allowance in addition to those provided in the foregoing paragraphs and the head of the branch shall also have discretion to make any such additional allowance as may under the circumstances be justified.

(i) The foregoing allowances will not be paid— (i) during any period of absence from duty

unless such absence is due to sickness of the worker and does not exceed one week;

(ii) during any period of annual or long service leave.


Transfer Accommodation Allowance. (2) (a) Where married men are transferred from one

station to another to suit the convenience of the employer and at which no suitable accommodation is available, they shall be paid the sum of fourteen dollars per week until such time as suitable accommodation is available or for a period of six months, whichever shall be the shorter.

The term "married man" shall for this purpose also include widowers with dependents and also others with dependents.

(b) Any unmarried worker transferred from one station to another to suit the conver ience of the employer shall be paid actual reasonable out-of-pocket expenses, but in each case details of the expense shall be submitted and all items in excess of fifty cents must be supported by receipted vouchers. Provided, however, that such payment shall be limited to a period of six months and shall not exceed six dollars per week.

FARM WORKERS. (State Farms.)




ralian Branch, Industrial Union of Work- ers, Applicant, and Hon. Minister for Education and others, Respondents.

HAVING heard Mr. T. G. Davies on behalf of the applicant and Mr. C. F. Westcott on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The West- ern Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the State Research Stations, Agri- cultural Schools and College Workers' Award No. 23 of 1971, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 5th day of November 1973.


Schedule. Clause 27—Wages: Delete this clause and insert in

lieu:—

27.—Wages. The minimum rates of wages payable under this Award

shall be as follows:— Males Females

(1) Basic Wage (per week): (2) Classifications and margins per

week: (i) Demonstrators at places as

listed hereunder (who in addition to the general duties of this Section shall be required to demonstrate to students and to keep student records): (a) Narrogin Agricultural

High School— On appointment After six months' sat-

isfactory service (b) Harvey Agricultural

High School, Denmark Agricultural High School, Cunderdin Ag- ricultural High School—

On appointment After six months' sat-

isfactory service (ii) Leading Hand including all

margins and allowances (hi) Dairyman (iv) General Hands—

With less than 12 months' experience

Thereafter Provided that an em-

ployer may re-classify a General Hand to the thereafter rate at any time within the first 12 months if the said Gen- eral Hand has reached the required level of competence.

(v) Female Farm Worker Provided that where a Gener-

al Hand possesses recognised trade qualifications and is required to exercise trade skills, an allowance equal to the appropriate tradesman's rate shall be paid.

(3) Domestics (Margins per week): (i) Cooks:—

First Cook, Narrogin— 1st year Thereafter

First Cook, other Second Cook and

Reliever Cook (where only one is

employed) (ii) Adult Male Domestics

(iii) Kitchenman (iv) Pantryman (v) Unspecified Male Domes-

tics (vi) Kitchenmaid

(vii) Housemaid (viii) Waitress

(ix) Unspecified female domestic workers

44.00 39.00


(x) Junior Females (per cent of a female basic wage)—

Under 18 years of age 60.5 18 to 19 years of age 73.5 At 19 years of age—(Full

adult rate) (4) Adult Female Workers: Notwithstanding the

provisions contained elsewhere in this clause, adult Female Workers employed in classification (3) (i) shall be paid the total male wage prescribed for that classification provided that such payment shall be in accordance with the policy and conditions applying to adult females employed by the Govern- ment who are performing work of the same or of like nature and of equal value to that of males.

FIBROUS PLASTER AND CEMENT WORKERS.



No. 1244 of 1973. Between Ceilcraft Modelling Works, Appli-

cant, the Operative Plasterers and Plaster Workers Federation of Australia, (Indus- trial Union of Workers) Western Australia Branch, Respondent.

HAVING heard Mr. J. F. Gregor on behalf of the applicant and Mr. A. C. Lee on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The Western Austra- lian Industrial Commission, in pursuance of an allocation to me under section 54 of the In- dustrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Fibrous Plaster and Cement Workers' Award No. 11 of 1969, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


(Sgd.) D. Cort, [L.S.] Commissioner.

Schedule. Clause 14.—Wages: Delete subclause (6) and insert in

lieu:— (6) Notwithstanding the provisions of this award no

male worker (including an apprentice but not including trainee casters and fixers), twenty-one years of age or over, shall be paid less than $61.50 per week as his ordinary rate of pay in respect of the ordinary hours of work prescribed by this award.

1419

Where the said minimum rate of pay is applicable the same rate shall be payable on holidays, during annual leave, sick leave, long service leave and any other leave prescribed by this award.

Notwithstanding the foregoing, where in this award an additional rate is prescribed for any work as a percentage, fraction or multiple of the ordinary rate of pay it shall be calculated upon the rate prescribed in this award for the classification in which the worker is employed.

FIBROUS PLASTER AND CEMENT WORKERS.



No. 1146 of 1973. Between the Operative Plasterers and Plaster

Workers Federation of Australia, (Indus- trial Union of Workers) Western Australia Branch, Applicant, and Perth Modelling Works (Div C.S.R.) and others, Respond- ents.

HAVING heard Mr. A. C. Lee on behalf of the applicant and Mr. J. F. Gregor on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Austra- lian Industrial Commission, in pursuance of an allocation to me under section 54 of the In- dustrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Fibrous Plaster and Cement Workers' Award No. 11 of 1969, as amended, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 22nd day of October 1973.


Schedule. 1. Clause 2—Arrangement: Delete 21. Absence Through

Sickness and insert in lieu:— 21. Absence Through Sickness or Bereavement.

2. Clause 14—Wages: Delete this clause and insert in lieu:—

14.—Wages. The minimum rates of pay payable to workers covered

by this award shall be as follows:—

$ (1) Basic Wage (per week) 44.00 (2) Adult Males (margin over male basic wage

per week): (a) Modeller 32.05

Tool Allowance 0.67 (b) Fixer 32.05

Tool Allowance 0.87 Lost Time Allowance 0.90


$ (c) Plaster Caster (Tools to be supplied by

employer) 25.15 (d) Labourers 12.05 (e) Cement Worker 15.05 (f) Trainee Casters—up 40% proficiency.... Nil

Thereafter such percentage of the plaster caster's margin as is assessed in accordance with subclause (9) of clause 8.

(g) Trainee fixers—up to 40% proficiency... Nil Thereafter such percentage of the

fixers' margin as is assessed in accordance with subclause (8) of clause 7.

(3) Junior Workers, Casting Section (per cent of basic wage per week): /<!

Under 17 years of age 45 Between 17 and 18 years of age 58 Between 18 and 19 years of age 70 Between 19 and 20 years of age 83 Between 20 and 21 years of age 95

(4) Apprentices: (Tool Allowance and Per- centage of Tradesman's Rate per week): (a) Modellers—

Four-year term— First year (Tool Allowance $0.22)... 42 Second year (Tool Allowance

$0.45) 55 Third year (Tool Allowance $0.67). 75 Fourth year (Tool Allowance $0.67) 88

(b) Fixers— Three-year term—

First year (Tool Allowance $0.29)... 55 Second year (Tool Allowance

$0.58) 75 Third year (Tool Allowance $0.87) . 88

(c) The tradesman's rate shall be the sum of the basic wage and the margin prescribed for a tradesman in subclause (2) of this clause, as varied from time to time.

(5) A "Casual Worker" being a person who is engaged or employed for a period of less than one week (exclusive of hours of overtime worked) shall be paid for the time so engaged at the rate of fifteen percent in addition to the rates prescribed herein. Pro- vided that this shall not apply to a worker who severs his contract of service or who is dismissed for misconduct.

(6) Notwithstanding the provisions of this award no male worker (including an apprentice but not including trainee casters and fixers), twenty-one years of age or over, shall be paid less than $61.50 per week as his ordinary rate of pay in respect of the ordinary hours of work prescribed by this award.

Where the said minimum rate of pay is applicable the same rate shall be payable on holidays, during annual leave, sick leave, long service leave and any other leave prescribed by this award.

Notwithstanding the foregoing, where in this award an additional rate is prescribed for any work as a percentage, fraction or multiple of the ordinary rate of pay it shall be calculated upon the rate prescribed in this award for the classification in which the worker is employed.

3. Clause 21. Absence through Sickness: Delete this clause and insert in lieu:—

21.—Absence through Sickness or Bereavement. (1) A worker shall be entitled to payment for non-

attendance on the ground of personal ill-health at the rate of one-twelfth of a week's pay for each completed month of service: Provided that payment for absence through such ill-health shall be limited to one week's pay in each calendar year.

(2) Payment hereunder may be adjusted at the end of each calendar year or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred.

(3) This clause shall not apply when the worker is entitled to compensation under the Workers' Com- pensation Act.

(4) A worker shall not be entitled to receive any wages from his employer for any time lost through any accident not arising out of or in the course of his employment or for any accident wherever sustained arising out of his own wilful default or for sickness arising out of his own wilful default.

(5) No worker shall be entitled to the benefits of this clause unless he produces proof satisfactory to his employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for three days or more.

(6) Notwithstanding the provisions of subclause (5) hereof, a worker, who in any calendar year, has already been allowed paid sick leave on one occasion for one day only shall not be entitled to payment for any further absence of one day only unless he produces to the employer a medical certificate stating that he was unable to attend for duty on account of personal ill-health.

(7) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been allowed to any worker by his employer as paid sick leave may be claimed by the worker and, subject to the conditions hereinbefore prescribed, shall be allowed by his employer in any subsequent year without diminution of the sick leave prescribed in respect of that year. Provided that sick leave which accumulates pursuant to this subclause shall be available to the worker for a period of two years but no longer from the end of the year in which it accrues.

(8) A worker, shall on the death within Australia of a wife, husband, father, mother, brother, sister, child or stepchild, be entitled on notice, to leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the worker in two ordinary days of work. Proof of such death shall be furnished by the worker to the satisfaction of his employer.

Provided that this subclause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement leave.

For the purposes of this subclause, the words "wife" and "husband" shall include a person who lives with the worker as a de facto wife or husband.

4. Clause 23. Holidays and Annual Leave: Delete this clause and insert in lieu;8

23.—Holidays and Annual Leave. (1) (a) The following days or the days observed in lieu

shall, subject to this subclause be allowed as holidays without deduction of pay namely, New Year's Day, Aus- tralia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day, provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.

(b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday, and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday, in each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.


(2) (a) All workers required to work on the days named in paragraph (a) of subclause (1) hereof shall be paid at the rate of double time and a half for all time worked.

(b) All workers required to work on any Sunday shall be paid double time rate for all time worked on any such day.

(c) For the purposes of this clause— "Double time and a half" shall be the rate which is

payable to the worker on any ordinary working day (including all allowances paid in accordance with the provisions of clause 14 of this award) multiplied by two and one half.

"Double time rate" shall be the rate which is payable to the worker on any ordinary working day (including all allowances paid in accordance with the provisions of clause 14 of this award) multiplied by two.

(3) 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 a worker need not Eresent himself for duty, and payment may be deducted,

ut if work be done ordinary rates of pay shall apply. (4) Except as hereinafter provided a period of three con-

secutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer after a period of twelve months' continuous service with such employer.

(5) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an 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) If, after one month's continuous service in any qualifying twelve-monthly period a worker lawfully leaves his employment or his employment is terminated by the employer through no fault of the worker, the worker shall be paid one quarter of a week's pay at his ordinary rate of wage in respect of each completed month of continuous service.

(7) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay, or time spent on holidays or annual leave as prescribed by this award, shall not count for the purpose of determining his right to annual leave.

(8) In the event of a worker being employed by an employer for portion only of a year, he shall only be entitled, subject to subclause (6) of this clause, to such leave on full pay as is proportionate to his length of service during that period with such employer and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.

(9) (a) A worker who is justifiably dismissed for misconduct shall not be entitled to the benefits of the provisions of this clause.

(b) In special circumstances and by mutual consent of the employer, the worker and the union concerned, annual leave may be taken in not more than two periods.

(10) Payment for holidays and annual leave shall be at the ordinary rate as prescribed in clause 14, plus the allowances shown therein in accordance with the provisions of clause 14.

(11) The provisions of this clause shall not apply to casual workers.

(12) Notwithstanding anything else herein contained an employer who observes a Christmas closedown for the purpose of granting annual leave may require a worker to take his, annual leave in not more than two periods but neither of such periods shall be less than one weeek.

1421

FOREMEN (BUILDING TRADES).




Unions of Western Australia (Association of Workers), Applicant, and Master Builders' Association of Western Australia (Union of Employers), Perth and others, Respondents.

HAVING heard Mr. T. G. Butler on behalf of the applicant and Mr. J. F. Gregor on behalf of the respondents and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Foremen (Building Trades) Award No. 9 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. 1. Clause 7.—District Allowance: Delete this Clause and

insert in lieu:— 7.—District Allowance.

The provisions of Clause 27.—District Allowance of the Building Trades Award, 1968, No. 31 of 1966, as amended, are hereby incorporated in and form part of this Award

2. Clause 8.—Distant Work: Delete this Clause and insert in lieu:—

8.—Distant Work. The provisions of Clause 26.—Distant Work of the

Building Trades Award, 1968, No. 31 of 1966 as amended, are hereby incorporated in and form part of this Award.

3. Clause 10.—Holidays: Delete subclause (2) of this Clause and insert in lieu:—

(2) A forman required to work on any day prescribed as a holiday under this Award shall be paid at the rate of double time and a half for all time worked on that day but only if and to the extent that workers under his supervision are working on that day.


4. Clause 16.—Wages: Delete subclauses (2) and (3) of this Clause and insert in lieu:—

$ (2) Basic Wage (per week) 44.00 (3) Each Foreman shall be classified by his employer

within the marginal range prescribed hereunder and subject to the provisions of subclause (4) of this Clause, may be reclassified at any time. In the event of any dispute between an employer and the appropriate Union as to the classification of any Foreman employed by that employer, the matter may be referred to the Board of Reference for determination.

Marginal Range: $55.00, $60.40, $65.70, $71.50, $76.50, $55.80, $87.00

HOSPITAL SALARIED OFFICERS.



No. 1285 of 1973. Between Hospital Salaried Officers Associ-

ation of Western Australia (Union of Workers), Applicant, and Board of Man- agement of Royal Perth Hospital and others, Respondents.

HAVING heard Mr. A. G. Barker on behalf of the applicant and Mr. J. Miller on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Austra- lian Industrial Commission, in pursuance of an allocation to me under section 54 of the In- dustrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Hospital Salaried Officers Award No. 39 of 1968, as amended, be and the same is hereby further amended in accordance with the following schedule.


[L.S.] (Sgd.) B. J. COLLIER,

Commissioner.

Schedule. Schedule B—Salaries—General Division: Delete this Schedule and insert in lieu:—

Schedule B. Salaries—General Division

1. Male Workers—Salaries and Grades. (1) Except where otherwise provided in this Schedule,

the classes and grades applicable to male workers in the general division shall be as follows:—

Table Bl. Salary

Per Annum.

Class 1: $ 15 years of age 1,860 16 years of age 2,105

17 years of age 2,615 18 years of age 3,060 19 years of age 3,560 20 years of age 4.025 21 years of age or first year of adult service.... 4,410 22 years of age or second year of adult service 4,625 23 years of age or third year of adult service... 4,850 24 years of age or fourth year of adult service . 5.060

Class 2: Minimum 5,060 Intermediate 5,195 Maximum 5,325

Class 3: Minimum 5,325 Intermediate 5,475 Maximum 5,680

Provided that:— (a) a worker who occupies a position which has been

classified by an amalgamation of Classes 1 and 2, shall proceed to the intermediate salary of Class 2, after he has been in receipt of the maximum salary of Class 1 for a continuous period of twelve months; and

(b) a worker who occupies a position which has been classified by an amalgamation of Classes 2 and 3, shall proceed to the intermediate salary of Class 3 after he has been in receipt of the maximum salary of Class 2 for a continuous period of twelve months; and

(c) a worker who occupies a position which has been classified by an amalgamation of Classes 1, 2 and 3, shall proceed to the intermediate salary of Class 2 after he has been in receipt of the maximum salary of Class 1 for a continuous period of twelve months and to the intermediate salary of Class 3 after he has been in receipt of the maximum salary of Class 2 for a continuous period of twelve months.

(2) A worker who is over the age of 21 years on appointment may be appointed at a minimum rate of pay based on years of service and not on age.

(3) Classes and grades beyond a salary of $5,680 per annum shall be those set out in table B2.

Table B2. Salary Classes and Grades.

Class Minimum Intermediate Maximum Salary. Salary. Salary.

(4) In making a classification under this table any two or more classes may be amalgamated.

2. Laboratory Assistants and Others. (1) The rates of pay for laboratory assistants and others

allocated to this table shall be as follows:— Table B3.

Age or year of adult service: 16 years of age and under . 17 years of age

Salary Per

Annum.


18 years of age 3,060 19 years of age 3,560 20 years of age 4,025 21 years of age or first year of adult service .... 4,410 22 years of age or second year of adult service 4,625 23 years of age or third year of adult service... 4,850 24 years of age or fourth year of adult service . 5,060 25 years of age or fifth year of adult service.... 5,250 26 years of age or sixth year of adult service... 5,475 27 years of age or seventh year of adult ser-

vice 5,680 (2) A worker who is over the age of 21 years on

appointment may be appointed at a minimum rate of pay based on years of service and not on age.

(3) Female laboratory assistants who at 11th July, 1972, had served twelve months or more than twelve months on the old fifth year rate should be adjusted to the sixth year ratefrom that date. A female laboratory assistant will not be eligible to be paid the seventh year rate until she has served twelve months on the sixth year rate.

Other female laboratory assistants shall be adjusted on a point-to-point basis.

3. Cytotechnicians (Trained) ■ (1) The rates of pay for Cytotechnicians shall be as fol-

lows:— Table B4.

Age or year of adult s 19 years of age

Salary Per

Annum.

19 years of age 20 years of age 21 years of age or 22 years of age or 23 years of age or 24 years of age or 25 years of age or 26 years of age or

first year of adult service .... second year of adult service third year of adult service... fourth year of adult service . fifth year of adult service.... sixth year of adult service...


(3) Female cytotechnicians who at 11th July, 1972, had served twelve months or more than twelve months on the old fifth year rate should be adjusted to the sixth year rate as from that date.

Other female cytotechnicians shall be adjusted on a point-to-point basis.

4. Dark Room Assistants. (1) The rates of pay for dark room assistants shall be as

follows:— Table B5.

Salary Per

Annum. Age or year of adult service: $

15 years of age 1,860 16 years of age 2,105 17 years of age 2,615 18 years of age 3,060 19 years of age 3,560 20 years of age 4,025 21 years of age or first year of adult service 4,410 22 years of age or second year of adult service 4,625 23 years of age or third year of adult service... 4,850 24 years of age or fourth year of adult service . 5,060 25 years of age or fifth year of adult service.... 5,195


(3) Female dark room assistants who at 11th July, 1972, had served twelve months or more than twelve months on the old second year rate should be adjusted to the third year rate as from that date.

Other female dark room assistants shall be adjusted on a point-to-point basis.

Subsequent progression shall be in the manner provided in Clause 13 of this Schedule.

5. Property Officer Assistant. (1) The rate of pay for property officer assistants shall

be as follows:— Table B6.

Salary Per


21 years of age or first year of adult service .... 4,850 22 years of age or second year of adult service 5,060 23 years of age or third year of adult service... 5,250 24 years of age or fourth year of adult service. 5,475 25 years of age or fifth year of adult service.... 5,680 26 years of age or sixth year of adult service... 5,900 27 years of age or seventh year of adult ser-

vice 6,130 28 years of age or eighth year of adult service. 6,360 29 years of age or ninth year of adult service .. 6,595


6. Female Workers—Salary Classes and Grades. (1) Except where otherwise provided in this schedule

the classes and grades applicable to female workers, in the general division, shall be as follows:—

Table B7. Salary Classes and Grades.

Class Minimum Maximum Salary. Salary.

(2) In making a classification under this clause any two or more classes may be amalgamated.

7. Female Workers—E.C.G. Recordists and Others. (1) The rates of pay for female E.C.G. recordists and

others shall be as follows:— Table B8.

Salary Per


16 years of age and under 2,210 17 years of age 2,490 18 years of age 2,800 19 years of i 20 years of i 21 years of age or first year of adult service .... 3,800 22 years of age or second year of adult service 3,995 23 years of age or third year of adult service... 4,140 24 years of age or fourth year of adult service. 4,255 25 years of age or fifth year of adult service.... 4,390



8. Female Workers—Telephonists and Others. (1) The rates of pay for female telephonists and others

allocated to this table shall be as follows:—

Table B9. Salary

Per Annum.

Age or year of adult service: $ 15 years of age 1,885 16 years of age 2,120 17 years of age 2,335 18 years of age 2,575 19 years of age 2,890 20 years of age , 3,285 21 years of age or first year of adult service .... 3,560 22 years of age or second year of adult service 3,710 23 years of age or third year of adult service... 3,870 24 years of age or fourth year of adult service . 4,050


(3) A female assistant who passes an examination in typewriting at 40 words per minute as approved by the Public Service Board shall be paid an allowance of $40 per annum.

(4) A female telephonist who passes a Telephonists' efficiency examination as approved by the Public Service Board shall be paid an allowance of $40 per annum.

(5) (a) Telephonists, referred to in this paragraph shall, subject to six months' satisfactory service, be paid a special allowance:

Royal Perth Hospital—Main Switchboard. Per

Annum. $

1st year 70 2nd year 100 3rd year and thereafter 150

In addition to the allowance prescribed in this paragraph, the Telephoniste-In-Charge Main Switch- board—Royal Perth Hospital—shall be paid an allowance of $250 per annum.

(b) Any employer, a party to this award, may grant a special allowance to a telephonist provided he is satisfied that the efficiency or duties and responsibilities of the telephonist warrants such allowance and the worker has had six months' satisfactory service.

9. Female Workers—Pharmacy Assistants.

(1) The rates of pay for female pharmacy assistants shall be as follows:—

Table B10. Salary

Per Annum.

Age or year of adult service: $ 16 years of age and under 2,025 17 years of age 2,230 18 years of age 2,505 19 years of age 2,820 20 years of age 3,160 21 years of age or first year of adult service .... 3,455 22 years of age or second year of adult service 3,670


10. Female Workers—Physiotherapy and Occupational Therapy Assistants.

(1) The rates of pay for female physiotherapy and Occupational therapy assistants shall be as follows:—

Table Bll. Salary

Per Annum.

Age or year of adult service: $ 16 years of age and under 2,210 17 years of age 2,490 18 years of age 2,800 19 years of age 3,135 20 years of age 3,430 21 years of age or first year of adult service .... 3,800 22 years of age or second year of adult service 3,995


11. Female Workers—Cytotechnicians (Trained). (1) The rates of pay for female cytotechnicians shall be

as follows:— Table B12.

(See Table B4.) 12. Trainee Radiographers—Male and Female.

(1) Workers accepted for training and service as a radiographer shall be paid the following rates:—

Table B13. Salary

Per Annum.

$ First year of service 3,060 Second year of service 3,560 Third year of service 4,410 A trainee radiographer who attains the age of

21 years shall be paid 4,625 in lieu of the salary prescribed above until he has completed his third year of service.

(2) A worker who has completed three years as a trainee radiographer, but has not completed the prescribed course of study, may be employed for a further period of up to one year at a rate of $4,850 per annum.

(3) The ratio of trainees to radiographers shall not ordinarily exceed one trainee to each adult radiographer, save in circumstances which may be agreed upon between the employer and the association.

13. Annual Increments. Subject to good conduct, diligence and efficiency a

worker shall proceed from the minimum to the maximum of his salary range by annual increments according to the grades of such classification.

14. Allowances. (1) A worker retained for a period of five years on the

maximum salary prescribed for classes 1, 2 or 3 of clause 1, or on the maximum salary prescribed in clauses 2 and 4 of this schedule, shall be paid an allowance of $60 per annum, provided the employer is satisfied that such worker is eligible and would be considered for promotion on the grounds of efficiency and good conduct. An allowance paid under this subclause shall be converted to salary on promotion to a higher position and shall cease should the worker refuse to accept promotion.

(2) A worker paid under clauses 7, 8, 9 and 10 of this schedule, who has completed not less than twenty years of continuous service, shall be paid an allowance of $80 per annum, provided the employer is satisfied as to the good conduct, diligence and efficiency of the worker.

21 November, 1973.1 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

15. Equal Pay. A female worker covered by this Schedule who is per-

forming work of the same or a like nature and of equal value to a male worker shall be paid the appropriate gross male salary and the expression of rates for female workers in this schedule shall not be construed so as to restrict the operation of the provisions of this clause.

16. Board Of Reference. In the event of a dispute arising in relation to a work-

er's entitlement to the payment of any allowance provided for under this schedule, or in the event of a dispute arising in relation to the payment of any increment referred to in clause 10 of this schedule, such dispute may be referred to and determined by the Board of Reference under clause 34 of the Award.

IMMIGRATION RECEPTION CENTRES WORKERS.




ralian Branch, Industrial Union of Work- ers, Applicant, and Hon. Minister for Immigration, Respondent.

HAVING heard Mr. T. G. Davies on behalf of the applicant and Mr. C. F. Westcott on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The West- ern Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Immigration Reception Centres Workers Award No. 9 of 1966, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. 1. Clause 22.—Wages: Delete this clause and insert in

lieu:— 22.—Wages.

The minimum rate of wages payable under the provisions of this award shall be as follows:—

Males. Females. $ $

(1) Basic Wage (per week) .» 44.00 39.00 (2) Margins (per week):

(a) First cook 27.35

1425

$ $ (b) Second cook 23.85 (c) Third cook 22.35 (d) Dining room supervisor 28.30 (e) Assistant dining room

supervisor 22.95 (f) Kitchenmaid 17.55 (g) Storeman 28.55 (h) Senior gardener 24.00 (i) Gardener -Grade 1 16.60 (j) Gardener—Grade 2 15.00 (k) Kitchenman 19.25 (1) Night orderly 19.25 (m) Yardman 19.25

(3) Equal Pay: Notwithstanding the provisions contained elsewhere in this clause an adult female worker who performs the work of a first cook, second cook or third cook shall receive the appropriate total wage of an adult male worker as prescribed in paragraphs (a), (b) and (c) of subclause (2) of this clause.

(4) A worker responsible for catering arrangements shall be paid one dollar and sixty cents additional per week.

2. Remove from this award the provisions of the order in Application No. 1103 (5) of 1973, dated the 17th day of September, 1973, relating to the adjustment of female rates.

MEAT INDUSTRY (Anchorage Butchers.)



No. 1104 (40) of 1973. Between Anchorage Butchers Pty Limited,

Applicant, and West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicant and Mr. M. E. Burns on behalf of the respondent, I, the undersigned, Com- missioner of The Western Australian Industri- al Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Meat Industry (Anchorage Butchers Pty Limited) Award No. 3 of 1971, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September 1973.




Schedule. Clause 20.—Junior Workers: Delete subclause (2) of this

clause and insert in lieu thereof:— (2) The minimum rate of wage to be paid to a junior

female worker shall be— Per cent of female basic wage (per week): %

Under 18 years of age 71.65 18 to 19 years of age 85.40

Margin over female basic wage (per week): $

19 to 20 years of age 0.70 20 to 21 years of age 3.85

Schedule. Clause 25.—Wages: Delete subclause (6) of this clause

and insert in lieu thereof:—

(6) Junior female workers (per cent of female basic wage per week):

Under 18 years of age. 18 to 19 years of age...

As from

1/10/73

19 to 20 years of age..


MEAT INDUSTRY. (Bacon Curing and

Smallgoods Making.)



No. 1137 of 1973.

Between W.O. Johnston and sons and others, Applicants, and West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Respondent.

HAVING heard Mr. W. Wood on behalf of the applicants and Mr. M. E. Burns on behalf of the respondent, I, the undersigned, Commis- sioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Meat Industry (Bacon Curing and Smallgoods Making) Award No. 5 of 1949, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September 1973.



MEAT INDUSTRY. (North-West Abattoirs.)



No. 1104 (42) of 1973 and No. 1138 of 1973.

Between Derby Meat Processing Co. Ltd., and others, Applicants, and West Australian Branch, Australasian Meat Industry Em- ployees' Union, Industrial Union of Work- ers, Perth, Respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. M. E. Burns on behalf of the respondent, I, the undersigned, Com- missioner of The Western Australian Industri- al Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Meat Industry (North West Abattoirs) Award No. 17 of 1970, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.



Schedule. Clause 10.—Wages: Delete paragraph (e) of subclause

(4) and paragraph (b) of subclause (5) of this clause and insert in lieu:—

(4) (e) Canteen section: $ Where two cooks are employed

First Cook 19.40


Second Cook 17.55 Female worker in canteen 17.15

(5) (b) Females—percentage of adult female basic wage per week:

Under 18 years of age 70.15 18 to 19 years of age 82.80 19 to 20 years of age 98.80 20 to 21 years of age 100 +

$2.65

MEAT INDUSTRY. (Pet Foods.)



No. 1104 (43) of 1973 and No. 1139 of 1973.

Between Diamond Food Supplies and others, Applicants, and West Australian Branch, Austalasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. M. E. Burns on behalf of the respondent, I, the undersigned, Com- missioner of The Western Australian Industri- al Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Meat Industry (Pet Foods) Award No. 7 of 1966, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.



Schedule. Clause 7.—Wages: Delete paragraph (b) of subclause

(6) of this clause and insert in lieu thereof:— (b) Females—(percentage of female basic wage •

per week) % Under 18 years of age 71.65 18 to 19 years of age 85.40 19 to 20 years of age 100 +

.70 20 to 21 years of age 100 +

$3.85

MEAT INDUSTRY. (Sausage Casing Manufacturing.)



No. 1104 (44) of 1973. Between Australian Casing Company Pty.

Ltd., Applicant, and West Australian Branch, Australasian Meat Industry Em- ployees' Union, Industrial Union of Work- ers, Perth, Respondent.

HAVING heard Mr. G.J. Martin on behalf of the applicant and Mr. M. E. Burns on behalf of the respondent, I, the undersigned, Com- missioner of The Western Australian Industri- al Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said act, and all other powers therein enabling me, do hereby order and declare—

That the Meat Industry (Sausage Casing Manufacturing) Award No. 9 of 1972, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.




and insert in lieu:— (4) Junior workers:

(a) Males (percentage of male basic wage per week)— ™

Under 18 years of age 71.65 18 to 19 years of age 85.40 19 to 20 years of age 100 +

.70c 20 to 21 years of age 100 +

(b) Females (percentage of female basic wage per week)—

Under 18 years of age 18 to 19 years of age 19 to 20 years of age

20 to 21 years of age .


MEAT INDUSTRY. (State.)



No. 1104 (45) of 1973 and No. 1136 of 1973

Between Woolworths (W.A.) Limited and others, Applicants, and West Australian Branch, Australasian Meat Industry Em- ployees' Union, Industrial Union of Work- ers, Perth, Respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. M. E. Burns on behalf of the respondent, I, the undersigned, Com- missioner of The Western Australian Commis- sion, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Meat Industry (State) Award No. 26A of 1967, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.


(Sgd.) D. CORT, [L.S.l Commissioner.

MINING. (Nickel Mining and Processing)

(A.W.U.)




ralian Branch, Industrial Union of Work- ers, Applicant, and Western Mining Cor- poration and others, Respondents.

HAVING heard Mr. IT. Barry on behalf of the applicant and Mr. A.J. Collins on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Austra- lian Industrial Commission, in pursuance of the powers contained in section 92 of the In- dustrial Arbitration Act, 1912-1971, and all other powers therein enabling me, do hereby order and declare—

That the Nickel Mining and Processing Award No. 7 of 1968, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. Clause 8.—Wages: Delete subclause 9 of this clause and

insert in lieu:— (9) Junior workers:

Junior males shall only be employed in establishments handling meat for sale by wholesale, auction, or processing for export and as counterhands.

Males (percentage of male basic wage per week)— %

Under 18 years of age 71.65 18 to 19 years of age 85.40 19 to 20 years of age 100 +

20 to 21 years of age.

Junior females shall only be employed in establishments handling meat for sale by retail, wholesale, prepack meat preparation and morning rooms processing for export

Females (percentage of female basic wage per week)

Under 18 years of age 18 to 19 years of age 19 to 20 years of age

20 to 21 years of age

Schedule. 1. Clause 2.—Arrangement: Delete this clause and in-

sert in lieu: 2.—Arrangement.

1. Title. 2. Arrangement. 3. Term. 4. Area and Scope. 5. Rates of Wages. 5A. Minimum Wage. 6. JuniorWorkers. 7. Hours (other than continuous shift workers), 8. Overtime (other than continuous shift workers). 9. Continuous Shift Workers.

10. Rest Period After Overtime. 11. Shift Work. 12. Pieceworkers. 13. Payment for Sickness. 14. Wet Places. 15. Dry Crushing Plant. 16. Holidays. 17. Annual Leave. 18. Casual Workers. 19. Free Water. 20. Drinking Water. 21. Mixed Functions. 22. Change Rooms. 23. Reduction of Hands. 24. Accident Pay. 25. Full Payment for Shift. 26. Payment of Wages.


27. Ventilation. 28. Underground Workers. 29. Explosives. 30. Lime. 31. First Aid. 32. Resumption of Work after Annual Leave. 33. Definitions. 34. Aged and Infirm Workers. 35. Junior Workers' Certificate. 36. Board of Reference. 37. Special Rates. 38. Protective Clothing. 39. Preference. 40. Representative Interviewing Workers. 41. Recognised Crib Places. 42. Record. 43. Inspections. 44. Re-employment after Accident. 45. Long Service Leave. 46. District Allowance. 47. Maximum Rate. 48. Bereavement Leave. 49. Jury Service.

Schedule 1—Basic Wage, Margins and Leading Hands. Schedule 2—District Allowance.

2. Clause 8.—Overtime: Delete subclauses (3) (a), (6) and (7) (a) and insert in

lieu:— (3) (a) When a worker is recalled to work over-

time after leaving his employer's business premises (whether notified before or after leaving such premises) he shall be paid for at least four hours at overtime rates; provided that, except in the case of unforeseen circumstances arising, a worker shall not be required to work the full four hours if the job for which he was recalled is completed within a shorter period but if such worker is subsequently recalled to work within the period of four hours for which payment has been made, an additional payment shall not be made nor shall any extra overtime be paid in respect of any period covered by such minimum payment.

(6) When a worker without being notified on the previous day, is required to continue working after the usual knock off time for more than one hour he shall be provided with a suitable meal by the employer or shall be paid one dollar twenty- five cents in lieu thereof.

(7) (a) When a worker is required for duty during his usual meal time and his meal time is postponed for more than half an hour he shall be paid at overtime rates from the time his meal break would normally commence until he gets a meal break of the customary period.

Add new subclause (10):— (10) In the calculation of overtime rates, each

day shall stand alone. Provided that, when a worker continues working beyond midnight on any day, the hours worked after midnight shall be counted as part of the previous day's work for the purpose of calculating the rates to be paid.

3. Clause 9.—Continuous Shift Workers: Delete subclauses (1), (6) (a), (7) and (8) (a) and in-

sert in lieu:— (1) The ordinary working hours shall not ex-

ceed forty in any week to be worked in five shifts of eight hours each inclusive of a twenty minute crib time. Such crib time shall be allowed as near as possible to the middle of the shift.

(6) (a) When a worker is recalled to work overtime after leaving his employer's business premises (whether notified before or after leaving such premises) he shall be paid for at least four hours at overtime rates; provided that except in the

case of unforeseen circumstances arising, a worker shall not be required to work the full four hours if the job for which he was recalled is completed within a shorter period but if such worker is subsequently recalled to work within the period of four hours for which payment has been made, an additional payment shall not be made nor shall any extra overtime be paid in respect of any period covered by such minimum payment.

(7) When a worker without being notified on the previous day is required to continue working after his usual knock-off time for more than one hour he shall be provided with any meal required or be paid one dollar twenty-five cents in lieu thereof.

(8) (a) All work performed on Sundays shall be paid for at the rate of double time.

Add new subclause (11):— (11) When on overtime a worker shall not be

compelled to work for more than five and one half hours without a break for a meal. Such five and one half hour period commencing from his work starting time and/or finishing time of his last meal time during the working period.

4. Clause 10.—Rest Period after Overtime: Delete this clause and insert in lieu:—

10.—Rest Period After Overtime. (1) When overtime work is necessary it shall wher-

ever reasonably practicable, be so arranged that workers have at least ten consecutive hours off duty between the work of successive days.

(2) A worker (other than a casual worker) who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(3) If, on the instructions of his employer, such a worker resumes or continues work without having had such ten consecutive hours off duty he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(4) (a) Where a worker (other than a casual worker or a worker engaged on continuous shift work) is called in to work on a Sunday or public holiday preceding an ordinary working day, he shall, wherever reasonably practicable, be given ten consecutive hours off duty before his usual starting time on the next day. If this is not practicable then the provisions of subclauses (2) and (3) of this clause shall apply mutatis mutandis.

(b) Overtime worked in the circumstances specified in paragraph (a) of this subclause shall not be regarded as overtime for the purposes of paragraph (a) of this subclause where the actual time worked is less than three hours on such call or on each of such calls.

(5) Provided that the provisions of this clause shall apply in the case of continuous shift workers who rotate from one shift to another, as if eight hours were substituted for ten hours when overtime is worked—

(a) for the purpose of changing shift rosters; or (b) where a shift worker does not report for duty;

or (c) where a shift is worked by arrangements be-

tween the employees themselves.

5. Clause 11.—Shift Work: Delete subclause (2) and insert in lieu thereof:—

(2) A shift worker shall, in addition to his ordinary rate, be paid per shift of eight hours at the rate of twenty-two and one-half percent of one-fifth of the basic wage when on afternoon or night shift.

6. Clause 13.—Payment for Sickness: Delete subclause (4) and insert in lieu thereof:—

(4) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been allowed to any worker by his employer as paid sick leave may be claimed by the worker, and subject to the conditions hereinbefore prescribed, shall be allowed by his employer in any subsequent year without diminution of the sick leave prescribed in respect of that year.

7. Clause 14.—Wet Places: Delete this clause and insert in lieu:—•

14.—Wet Places. Any worker working in wet places shall be paid an

allowance of 50 cents per day or shift or part of a day or shift provided that—

(1) This allowance shall not be payable to workers working on natural surfaces made wet by rain.

(2) Where waterproof boots and/or oilskins are provided by the employer, no claim shall be allowed under this provision for wet feet or clothing, but where notwithstanding this protection and the exercise of reasonable care by the worker, his clothing or feet become wet, he shall be paid the appropriate rate of wet pay.

(3) Where a worker is compelled to work in water to the thighs, he shall receive the allowance notwithstanding the previous paragraph (2) of this proviso.

(4) A place shall be deemed to be wet when water other than rain is continually dropping from overhead so as to saturate the clothing of the worker if unprotected or when the water in the place where the worker is standing is over one inch deep and such worker has not been supplied with waterproof boots.

(5) The provisions of this clause shall not apply to subclause (6) of clause 7.

8. Clause 17.—Annual Leave: Delete this clause and insert in lieu:—

17.—Annual Leave. (1) Annual leave shall be taken at the convenience

of the management of the mine; workers to receive one month's notice of the date on which the leave is to commence; a committee of three to be appointed to each mine to assist the management in the arrangement of a suitable roster.

(2) (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 a worker by his employer after a period of twelve months' continuous service with that employer.


(ii) Subject to paragraph (c) hereof a worker shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable.

(aa)The rate applicable to him as prescribed by clause 5—Rates of Wages, subclause (4) of clause 31—First Aid, clause 46—District Allowances of the award and Sched- ule 1—Wages and;

(bb) Subject to paragraph (c) (ii) hereof the rate prescribed for work in ordinary time by clause 9 —Continuous Shift Workers and clause 11—Shift Work of the award according to the worker's roster or projected roster including Saturday and Sunday shifts;

(cc) The rate payable pursuant to clause 21—Mixed Functions calculated on a daily basis, which the worker would have received for ordinary time during the relevant period whether on a shift roster or otherwise;

(dd)Any other rate to which the worker is entitled in accordance with his contract of employment for 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 8—Overtime, clause 14—Wet Places and clause 37—Special Rates of this award, nor any payment which might have become payable to the worker as reimbursement for expenses incurred.

(c) During a period of annual leave a worker shall receive a loading calculated on the rate of wage prescribed by paragraph (b) (ii) (aa) hereof. The loading shall be as follows—

(i) Day Workers—A worker who would have worked on day work had he not been on leave—a loading of 17 Vi per cent.

(ii) Shift Workers—A worker who would have worked on shift work had he not been on leave—a loading of 17'/2 per cent.

Provided that where the worker would have received shift loadings prescribed by clause 9—Contin- uous Shift Workers and Clause 11—Shift Work had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 17 Va per cent then the shift loadings shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) hereof in lieu of the 17 '/2 per cent loading.

Provided further, that if the shift loadings would have entitled him to a lesser amount than the loading of 171/2 per cent then such loading of 17 'A per cent shall be added to the rate of wage prescribed by paragraph (b) (ii) (aa) hereof in lieu of the shift loadings.


(d) The provisions of this subclause shall not operate in respect of leave fully due prior to the date of this order, irrespective of the date at which such leave is taken.

(3) After one month's continuous service in any qualifying twelve monthly period a worker whose employment terminates or who has worked less than 12 months shall be paid in the proportion that the number of shifts worked by him at the rate of wage prescribed by paragraph (b) of subclause (2) of this clause in that qualifying period bears to the full number of such shifts in that qualifying twelve monthly period.

(4) (a) Continuous shift workers, that is shift workers engaged in a continuous process who are rostered to work regularly on Sundays and holidays shall be allowed one week's leave in addition to the leave prescribed in subclause (2) hereof.

(b) Where a worker with twelve months' continuous service is engaged for part of a qualifying twelve monthly period as a continuous shift worker he shall


be entitled to have the period of annual leave to which he is otherwise entitled increased by that proportion of the additional week as the number of shifts worked by him at ordinary rates bears to the full number of such shifts in the qualifying twelve monthly period.

(5) The amounts to be paid hereunder shall be calculated at the rate prevailing at the time the payment is made.

(6) (a) Where a worker is justifiably dismissed for misconduct during any qualifying twelve monthly period, the provisions of subclause (3) do not apply.

(b) A worker whose employment terminates after he has completed a twelve monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall receive payment in lieu of that leave at the rate of wage prescribed by paragraph (b) of subclause (2) of this clause.

(7) If any of the holidays prescribed in clause 16 of this award falls during the worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordinary working day the worker shall have one extra day added to the period of annual leave.

(8) An employer may close down his operation or section or sections thereof for the purposes of allowing annual leave to all or the majority of his workers employed generally or in any such section or sections and in the event of a worker being employed for portion only of a year he shall only be entitled to such leave on full pay as is proportionate to his length of service during that period with such employer and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.

(9) This clause shall not apply to casual workers. (10) In special circumstances and by mutual con-

sent of the employer, the worker and the union, annual leave may be taken in not more than two periods but neither of such periods shall be less than one week.

9. Clause 21.—Mixed Functions: Delete subclause (1) and insert in lieu thereof:—

(1) A worker engaged on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for the period he is so engaged, but if he is so engaged for more than two hours on any day or shift, he shall be paid the higher rate for the whole day or shift.

10. Clause 31.—First Aid: Delete subclause (4) and insert in lieu thereof:—

(4) Any first aid man appointed by the employer to perform first aid duties shall be paid an allowance of one dollar per shift in addition to his ordinary rate of pay.

11. Clause 37.—Special Rates: Delete subclause (1) and insert in lieu:—

(1) Height Money: A worker shall be paid an allowance of forty-eight cents for each day on which he works at a height of 15.24 metres or more above the nearest horizontal plane.

12. Clause 49.—Jury Service: Add new clause:—

49.—Jury Service. A worker required for jury service during his ordi-

nary working hours shall be granted leave with pay for all periods of time he is so required for jury service. A worker when applying for such leave, shall be required to support his application with written proof of his attendance at such jury service.

1431

13. Schedule 1.—Wages: Delete this schedule and insert in lieu:—

Schedule 1.—Wages. The minimum rates of wages payable under the

provisions of this award shall be as follows— (1) Basic Wage (per week) $44.00 (2) Margins (per week)

(a) Underground Section— $ Trucker 12.90 Tool Carrier 12.90 Shoveller 12.90 Diamond Drillers Assistant 14.10 Pipe Assembler 15.90 Sampler 15.90 Hydraulic Fill Operator 15.90 Popper Machine Man 15.90 Air Hoist Operator 15.90 Electric Hoist Operator 15.90 Pump Attendant 15.90 Ventilation Man 15.90 Platelayer 17.60 Train Crew 17.60 Mechanical Loader Operator 17.60 Scraper Hauler Operator 17.60 Braceman 17.60 Platman 17.60 Skipman 17.60 Rock Drill man in all other places in-

cluding open cut 21.60 Sealers 19.40 Sanitary Man 21.80 Timberman—Shaft 27.20 Timberman—Other 23.50 Rock Drill man in Rises 24.70 Rock Drill man in Winzes 24.70 Raise Borer Operator 24.70 Diamond Driller—

(a) up to 20 h.p 24.70 (b) over 20 h.p 26.60

Rock Drill man in Shafts 27.20 Diesel Truck and Loader Hauler

Operator 29.40 Hydraulic Twin and Treble Jumbo

Operator 31.80 (b) Surface Section—

General Hand 11.10 Utility Man Grade 1 12.90 Utility Man Grade 2 14.60 Utility Man Grade 3 17.00 Storeman (W.M.C.—Main Store) 20.00 Sawyer and Benchman 18.80 Tool Sharpener 20.70 Overhead Crane Driver 18.80 Sanitary Man 18.80 Ambulance Man/First Aid Attendant 20.20 Linotex Operator/Belt Repairer 25.50 Rigger and Splicer 23.90 Diamond Driller 26.60

(c) Ore Treatment Mill Section— Ore Treatment Plant Operator Grade

1—i.e. an O.T.O. having less than three months' experience on the process 15.30

Ore Treatment Plant Operator Grade 2—i.e. an O.T.O. having more than three months' experience 20.00

Ore Treatment Plant Operator Grade 3—i.e. an O.T.O. who is classified as such 22.00

Control Room Operator No. 2 Crush- ing Plant and Spray Dryer Control Rooms with less than three months' control room experience.... 24.10

Spray Dryer Control Room Operator after three months' control room experience 27.00


No. 2 Crushing Plant Control Room Operator after three months' control room experience 29.40

(d) Laboratory Section— Sample Preparer

(i) with less than three months' experience 15.30

(ii) with more than three months' experience 19.40

Laboratory Assistant (i) with less than three months'

experience 19.40 (ii) with more than three months'

experience 21.80 (e) Transport and Mobile Plant Section—

*Driver of Motor Vehicle— (i) up to 25 cwt 27.80 (ii) more than 25 cwt and up to 3

tons 29.70 (iii) more than 3 tons and up to 6

tons 31.60 (iv) more than 6 tons and up to 7

tons 32.00 (v) more than 7 tons and up to

8 tons 32.80 (vi) more than 8 tons and up to 9

tons 33.10 *Driver of Articulated Vehicle more

than 11 tons and up to 12 tons 36.50 *Dump Truck Operator 44.90 *Fork Lift Driver—

(i) under 10,000 lb. capacity 31.60 (ii) over 10,000 lb. capacity 33.50

Tractor Drivers— (i) not more than 35 b.h.p 25.10

(ii) more than 35 b.h.p. but less than 70 b.h.p 28.70

(iii) more than 70 b.h.p. but less than 130 b.h.p 30.90

(iv) more than 130 b.h.p 33.80 (f) Mess Personnel—

Head Cook 32.10 Cook 28.30 Mess Attendant 11.10

(3) Leading Hands: In addition to the appropriate margin prescribed in subclause (2) of this Schedule a leading hand shall be paid the following in excess of the highest margin applicable to the work being carried out: (a) If placed in charge of not less than three and

not more than ten other workers—5.40. (b) If placed in charge of more than ten and not

more than twenty other workers—8.10. (c) If placed in charge of more than twenty other

workers—10.75. (4) Notwithstanding anything else contained in this

award, if the Western Australian Industrial Com- mission should prescribe a basic wage generally or in any district differing in amount from that now prescribed of $44.00 per week for adult males, then the margins herein prescribed for the classifications which are marked with an asterisk, shall be increased or decreased as the case may be to the same extent as that present basic wage may be so increased or decreased by that Commission as aforesaid, so that the rates for those classifications shall remain constant.

MOTEL, HOSTEL AND SERVICE FLATS



No. 1104 (47) of 1973. Between the Narrows Motel and others, Appli-

cants, and the Hotel, Club, Caterers, Tea Room and Restaurant Employees Indus- trial Union of Workers, Perth, Respond- ent.


That the Motel, Hostel and Service Flats Workers Award No. 44 of 1968, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.

Dated at Perth this 14th day of .September, 1973.


Schedule. Add the following new clause to this award:—

Adjustment of Female Rates of Pay. (1) Where the margin prescribed herein for an adult

female is equal to, or greater than, the increase in the female basic wage which will result from the declaration of a basic wage for female workers on the 27th day of August, 1973 by the Commission in Court Session, such margin shall be automatically reduced by the same amount as the basic wage is so increased in order that the total wage for that female worker shall remain constant.

(2) Where the margin prescribed herein for an adult female is less than the increase in the female basic wage referred to in subclause (1) of this clause, such margin shall be automatically deleted.

(3) In the case of junior female workers the percentage of the female basic wage or the margin prescribed herein for such female workers in each age group shall be automatically reduced by the sum and/or percentage sufficient to enable the total wage for each junior female worker to remain constant notwithstanding the increase in the female basic wage referred to in subclause (1) of this clause.



MUNICIPAL EMPLOYEES. (Outside Workers

Metropolitan.)


BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Nos. 760, 996 and 1149 of 1973.

Between Western Australian Municipal, Road Boards, Parks and Race Course Employ- ees' Union of Workers, Perth, Applicant, and City of Perth and others, Respond- ents.

HAVING heard Mr. G. H. Dench on behalf of the applicant and Mr. W. J. Brown on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Municipal Outside Workers (Metropolitan) Award No. 1 of 1948, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 16th day of October, 1973


Schedule. 1. Clause 2.—Arrangement: Delete the number and title

"27A.—Minimum Wage". 2. Clause 9.—Overtime: Delete subclause (2) and insert

in lieu:— (2) Where overtime work is performed on a Satur-

day, the following shall be the overtime rates:— (a) for the first two hours before twelve noon,

time and a half and thereafter double time; (b) after twelve noon double time.

3. Clause 25.—Protective Clothing: Add new subclause (12) as follows:—

(12) Garbage drivers and assistants on rubbish or dust lorries or trucks shall be supplied with suitable gloves at the discretion of the employer.

4. Clause 26.—Extra Rates and Conditions: Delete subclause (8) and insert in lieu the following and add new subclause (l8).

(8) (a) Leading hands placed in charge of not less than three or more than ten other workers shall be paid five dollars and forty cents above the rate of wage of the workers whose work they direct.

(b) Leading hands placed in charge of more than ten but not more than twenty other workers shall be paid eight dollars and ten cents per week above the rate of wage of the workers whose work they direct.

1433

(c) Leading hands placed in charge of more than twenty other workers shall be paid ten dollars and seventy five cents per week above the rate of wage of the workers whose work they direct.

(18) Tipmen directed by the employer to collect fees or charges, issue receipts, be responsible for money or record the movement of vehicles for ac- counting purposes to or from the rubbish tip or disposal site shall be paid $3.00 per week in addition to the appropriate rate prescribed for tipmen in this Award.

5. Clause 27.—Wages: Delete subclauses (1) and (2) and insert in lieu:—

(1) The minimum rates of wages per week payable to male workers covered by this award shall be the wages prescribed in subclause (2) of this clause.

(2) (a) Sanitary Service Workers— $ Pan removers 73.10 Depot hands 72.20 Rubbish and dust carters (horsedrawn

vehicles) who actually handle rubbish 68.80

Tipmen 66.50 Male attendants at public latrines (7

day week) 66.50 Motor truck drivers on sanitary work.... 79.70 Motor vehicle driver on liquid sullage

work shall be paid $4.00 per week in addition to the appropriate vehicle drivers rate in (b) and (c) hereof.

Garbage drivers (motor) shall be paid two dollars and ten cents per week in addition to the appropriate vehicle drivers rate in (b) and (c) hereof.

Horse drivers on sanitary work 73.10 Assistants on rubbish or dust lorries or

trucks 68.20 (b) (i) Motor Vehicle Drivers—

Not exceeding 25cwt. capacity.... 71.80 Exceeding 25 cwt. but not ex-

ceeding 3 tons capacity 73.70 Exceeding 3 tons but under 6

tons capacity 75.60 6 tons and over but under 7 tons 76.00 7 tons and over but under 8 tons 76.80 8 tons and over but under 9 tons 77.10 9 tons and over but under 10

tons 77.50 10 tons and over but under 11













tons 82.60 23 tons and over 82.90


(ii) Driver of motor vehicle (not being a tractor) drawing a trailer: For a loaded single-axle trailer—48 cents per day extra, or for an empty single-axle trailer—26 cents per day extra. For any other loaded trailer—62 cents per day extra, or for any other empty trailer—34 cents per day extra.

(iii) Driver of articulated vehicles— Not exceeding 9 tons capacity .... 9 tons and over but under 10

tons 10 tons and over but under 11























tons 33 tons and over

(iv) Driver of machinery float— Not exceeding 9 toe+aalacity 9 tons and over but under 10






tons

15 tons and over but under 16 tons










25 tons and over but under 26

26 tons and over but under 27







33 tons and over (v) Driver of mechanical horse with or

without trailer (vi) Driver of fork lift with lifting

capacity of— (aa) up to and including 10,000 lb.. (bb) over 10,000 lb

(c) Machine drivers— Operator-powered roller under 8 tons Operator-powered roller 8 tons and

over Operator-powered vibrating roller

under 4 tons Operator-powered vibrating roller 4

tons and over Operator-powered road roller

pneumatic tyred under 8 tons Operator-powered road roller

pneumatic tyred 8 tons and over.... Operator-tractor—pneumatic tyred

without power operated attachments— (i) Classes 1 and 2

(ii) Classes 3, 4, 5 and 6 (including tractor tilting or a one man hitch trailer)

(iii) Over class 6 Operator-tractor—pneumatic tyred

with power operated attachments— (i) Classes 1 and 2

(ii) Classes 3, 4, 5 and 6 (not including tilting or one man hitch trailer)

(iii) Over class 6 and up to and including 230 engine horsepower.

(iv) Over class 6 and with power operated attachments in excess of 230 horsepower


Operator crawler tractor without power operated attachments— (i) Classes 1, 2 and 3

(ii) Classes 4 and 5 (hi) Class 6 and over

Operator crawler tractor with power operated attachments— (i) Classes 1 and 2

(ii) Classes 3 and 4 (hi) Classes 5 and 6 (iv) Over class 6

Operators—Graders— (i) Drawn grader

(ii) Grader-power operated below 50 nett engine horsepower

(hi) Grader-power operated 50 to 100 nett engine horsepower

(iv) Grader-power operated above 100 nett engine horsepower

Operators-Trenching Machines— (i) Operator-trenching machine of

the small Ditch-witch type (ii) Operator-trenching machine,

chain type up to and including 5 feet depth or up to and including 12 inches width

(hi) Operator-trenching machine ladder type, depth greater than 5 feet up to 8 feet and width above 12 inches up to 18 inches and bucket wheel trencher with equivalent capacity in cubic yards per hour

Operators-Scrapers— (i) Self powered scraper up to

and including 15 cubic yards struck capacity

(ii) Self powered scraper above 15 cubic yards struck capacity

Operators-Excavators— (i) Up to and including 5/8 cubic

yards (ii) Above 5/8 cubic yards up to

and including 3'A cubic yards (including Gradall)

Operators-Mobile Cranes— (i) Up to and including 8 tons

capacity (ii) In excess of 8 tons and up to

and including 15 tons (iii) In excess of 15 tons and up to

and including 40 tons Water flusher driver, street cleaning

machine operator or auto eductor driver— (i) 35 brake horsepower and

under (ii) Over 35 brake horsepower to

70 brake horsepower (iii) Over 70 brake horsepower to

130 brake horsepower (iv) Over 130 brake horsepower

Provided that the aforementioned brake horsepower ratings shall relate only to the prime motive engine of the equipment.

Operators-Loaders—Front end and overhead: The appropriate tractor rate except that crawler tractor front end loaders are to be classified by using the weight of the tractor including the loader attached in lieu of the bare shipping weight.

Mechanical shovelman or bin attendant

Operator of portable petrol driven crosscut or circular saws

Air compressor operator Operator-mechanical bucket type

truck or tractor mounted—an amount of 40 cents per week in addition to the appropriate rate provided in this clause for the truck or tractor concerned.

Men operating steam cleaner Gullyhole eductor operator assistant.. Garage assistant Operator of levelling and finishing

unit (Barber Green) (d) Gardeners—

Propagator Nurserymen, first class gardeners ap-

pointed as such by the employer and street tree loppers and/or pruners

Gardeners planting out and attending flower beds and assistant nurserymen

Others including workers in attendance on reserves, parks and plan- tations and men using scythe

Bowling green keepers Bowling green keepers assistants Golf green keepers (18 holes) Golf green keepers (9 holes) Tennis court keepers Tennis court keepers assistants Turf wicket keepers Hand motor mowers Hand rotary hoe and operators of

other machines (e) Sweepers—

On orderly work with hand scoop Others Pickers up Pickers up (Be Tidy Bins)

(f) Drainage Workers- Pipe layer and jointer and setter Timberman Others

(g) Quarrymen— Shot firer Crusher feeder J ackhammerman Man barring down Spaller Plant Attendant Man filling wagon under bin Jumperman or hammer and drillman Machine borer

(h) Bitumen Workers— Tar, bitumen or bituminous

emulsion mixing machine Manufacturing bituminous emulsions Spreading premix on roads or foot-

paths Dragmen Topmen weighing metal and

bitumen for bituminous emulsions (high temperature mixing machine)

Feeding bituminous mixer (metal) .... Feeding bituminous mixer (filler) Cutting, feeding or heating Spreading bituminous mixtures Bitumen screen hand levelling off

bituminous concrete Trimming road surfaces to shape and

grade after initial spreading of metal and prior to spraying

Sweeping roads and/or spreading metal before and after tar or bitumen spraying

32585—5


Sealing iron operator 71 Operator of metal spreading machine 71 Impactor operator 71

(i) Kerb and Path Hands— Wood kerber 74 Gravel and stone lump kerb layers.... 74 Concrete slab layer 74 Concrete kerb layer 74 Concrete finisher 75 Concrete slab, kerb makers 71 Concrete screed hands, slab and

kerb layers' assistants 71 Workers mixing, wheeling and

packing concrete (including mixing machine) 71

(j) Road Workers and Depot Hands— Road workers and depot men 62 Hammer and gadmen, breaking up

roads and footpaths 71 Knappers on roads or footpaths 62 Spallers on roads or footpaths 62

(k) Ploughmen (not drivers)— When ploughing with a tractor or

truck 63 (1) Scoopmen—

Mechanically hauled scoop 62 (m) General—

Sand and/or gravel pitman 62 Axeman 62 Broadaxeman 74 Jackhammerman and pneumatic

drillman 71 Nightwatchman 62 Tree fallers (native trees) 63 Sprayers or fumigators of noxious

weeds and/or pests, vermin, mosquitoes or ants or workers employed in destroying blackberry bush and boxthorn: (i) Hand operated 71

(ii) Power operated 73 Storeman 72 Road marker 73

(n) Grave diggers and exhumations— Grave diggers 80

Exhumations— (i) Any worker who opens

and/or enters a grave for the purpose of an exhumation shall be paid eight dollars for the first body lifted and four dollars for each subsequent body lifted.

(ii) In the case of two or more workers being required to perform the task or tasks referred to in subclause (i) hereof the amount of twelve dollars shall be equally divided amongst the workers so engaged.

(o) Workers not elsewhere classified 62

6. Clause 27A.—Minimum Wage: Delete this clause.

MUNICIPAL EMPLOYEES. (Outside Workers— Country Districts.)



No. 807 of 1973. Between Western Australian Municipal, Road

Boards, Parks and Race Course Employ- ees' Union of Workers, Perth, Applicant, and Town of Albany and others, Respond- ents.

HAVING heard Mr. G. H. Bench on behalf of the applicant and Mr. W. J. Brown on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Municipal Outside Workers (Country Districts) Award No. 77 of 1948, as amended and consolidated, be and the same is hereby further amended and consolidated in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.




This Award shall be known as the "Municipal Outside Workers' (Country Districts) Award No. 77 of 1948" as amended and consolidated.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Contract of Service. 8. Hours. 9. Overtime.

10. Meal Times. 11. Holidays. 12. Annual Leave. 13. Absence through Sickness. 14. Higher Duties. 15. Payment of Wages. 16. Camping. 17. Transportation of Workers. 18. Leave of Absence to Officers of the Union. 19. Under Rate Workers.


20. Record. 21. Board of Reference. 22. Preference to Unionists. 23. First Aid Kit. 24. Sanitary Facilities and Shelter Sheds. 25. Protective Clothing. 26. Extra Rates and Conditions. 27. Wages. 28. Long Service Leave. 29. Piecework. 30. Posting of Award. 31. Working in Isolated Places. 32. Vehicle Allowance. 33. No Reduction.

Schedule "A" Respondents 3.—Scope.

This award shall apply to workers eligible to belong to the applicant union and employed by the respondents in any of the callings referred to in Clause 27.—Wages.

4.—Area. This award shall have effect over the area comprised

within the South-West Land Division over which the Mu- nicipal Councils and Road Boards who are respondents to this award have local governing authority, excepting that area within a twenty-five mile radius of the General Post Office, Perth.

5.—Term. The Term of this award shall be for a period of three

years commencing as from the beginning of the first pay period after the date hereof. (This award was delivered on the 10th March, 1949).

6.—Definitions. (1) "Bitumen or tar pourer" means a worker who, other-

wise than in patching, pours bitumen in final position. (2) "Bitumen or tar worker" means a worker (other

than a bitumen pourer), heating, preparing, cutting, carrying, laying, using on woodwork or handling asphalt, bitumen, tar or emulsion or material coated with any one thereof.

(3) "Bridge carpenter's assistant" means a worker generally assisting a carpenter or bridge carpenter.

(4) "Casual worker" shall mean a worker employed for less than one week.

(5) "Camping site" shall mean a place, other than "headquarters" where a worker is living when forced, because of the distance between his home and the location of his work for the time being, to live away from home. Provided, however, that a camping site shall not be established within a distance of ten miles of a "headquarters".

(6) "Concrete floater" means a worker engaged in concrete or cement work and using a wooden or rubber screeder or mechanical trowel or a wooden float or engaged in bagging off or broom finishing or patching.

(7) "Concrete finisher" means a worker other than a concrete floater engaged in hand finishing of concrete or cement work not being a finish in marble mosaic or terrazo.

(8) "Green keeper" shall mean a worker engaged on the maintenance and preparation of any of the following:— Bowling greens, golf courses, croquet greens or tennis courts.

(9) "Headquarters" shall mean and include a permanent place wherein are stored or kept plant, equipment and materials or a place where vehicles are parked.

(10) "Pipelayer, pipejointer or pipesetter" means a worker laying, jointing or setting concrete or earthenware pipes, or pipes made of any material used in drainage or sewerage work but shall not include a worker doing work which is usually carried out by a plumber.

(11) "Pitcher setter, cube setter, pavior, kerblayer or slab layer" means a worker who is required to set and/or lay into position in paths, channels, rights of way and/or

roadways any dressed stone, free stone, slate or similar materials, any precast cement, concrete or any similar slabs.

(12) "Pound keeper" shall mean a worker looking after a pound and who shall do such other work as the employer may require.

(13) "Shot firer" means a worker required to take care of, prepare and use explosives.

(14) "Propagator" means a worker engaged as such and responsible for the propagation of plants, trees or shrubs from seeds, cuttings or by grafting or budding.

(15) "Roadworker" shall mean a worker forming or con- structing, repairing or maintaining roads or street surfaces, including footpaths, rights of way and parking areas.

(16) "South West Land Division" means the South- West division as defined by section 28 of the Land Act, 1933-1967.

(17) "Spaller, other than in connection with a quarry" means a worker reducing stone to a specified or unspecified size by means of a spalling hammer.

(18) "Street sweeper" means a worker engaged in the sweeping and/or cleaning of streets, gutters and channels.

(19) "Timberman" means a worker timbering ex- cavations, shafts, etc.

(20) "Turf wicket keeper" shall mean a worker engaged on the preparation of turf cricket pitches.

(21) "Wet ground" shall mean ground which in the opinion of the responsible officer-in-charge of the particular work is impracticable for workers to work in without getting wet feet, or in the event of any dispute arising between the parties such ground as is determined "wet" by a Board of Reference.

7.—Contract of Service. The contract of hiring of every worker, other than a cas-

ual worker shall be a weekly one terminable by one week's notice given on any day.

8.—Hours. (1) Except as hereinafter provided forty hours shall con-

stitute a week's work to be worked in five days of eight hours, Monday to Friday inclusive.

(2) The hours of a driver shall commence when he signs on at "headquarters" or "camping site" in the morning and terminates when he signs off in the evening.

(3) Forty hours shall constitute a week's work for nightwatchmen to be worked on any six days of the week. This provision shall be deemed to have been complied with if the ordinary working hours do not exceed eighty per fortnight.

(4) Forty hours shall constitute a week's work for male attendants at public latrines, and for male attendants at caravan compounds or public camping areas to be worked on any six days of the week.

(5) Any driver required by an employer to drive any vehicle from or to any permanent yard or depot shall be paid for such time as he is actually driving and for any time spent in servicing or maintenance of vehicles.

(6) For all workers required to travel from their usual "headquarters" or "camping site" to the job, one-way travelling time shall be allowed and paid for as part of the ordinary daily hours.

9.—Overtime. (1) (a) All time worked in excess of eight hours in any

one day, or before the usual starting time 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 each day.

(b) In the case of night watchmen and male attendants at public latrines, all work performed in excess of eighty hours per fortnight in the case of night watchmen and forty hours per week in the case of male attendants at public latrines shall be paid for at the rate of time and one half for the first four hours and double time thereafter.

1438 21 November, 1973.

(2) (a) Where overtime work is performed on a Satur- day, the following shall be the overtime rates:—

(i) for the first two hours before twelve noon, time and a half and thereafter double time;

(ii) after twelve noon, double time. (b) where overtime work is performed on a Sunday,

double time shall be paid. (3) All work performed on a holiday prescribed in clause

11 hereof shall be paid for at the rate of double time and a half except in the case of ordinary hours worked on any such holidays by nightwatchmen.

(4) Work done in the meal hour or any portion thereof shall be paid for at the rate of double time, but this shall not apply to cases involving the completion of work commenced before the lunch period and not occupying more than fifteen minutes from the commencement of the lunch hour, in which case the lunch period may be extended by fifteen minutes.

(5) Where a worker is recalled to perform overtime work after 6 p.m. Monday to Friday inclusive or on a Saturday, Sunday or a holiday prescribed by this award, he shall be paid a minimum of three hours at the appropriate overtime rate. Time reasonably spent in getting to and from work shall be counted as time worked.

(6) Subject to the provision of subclause (7) of this clause, a worker required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid one dollar for a meal and if, owing to the amount of overtime worked, a second or subsequent meal is required he shall be supplied with each such meal by the employer or be paid sixty cents for each meal so required.

(7) The provisions of subclause (6) of this clause do not apply:—

(a) in respect of any period of overtime for which the worker has been notified on the previous day or earlier that he will be required; or

(b) to any worker who lives in the locality in which the place of work is situated in respect of any meal for which he can reasonably go home.

(8) If a worker to whom paragraph (a) of subclause (7) of this clause applies has, as a consequence of the notification referred to in that paragraph, provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he shall be paid for each meal provided and not required, the appropriate amount prescribed in subclause (6) of this clause.

(9) (a) An employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.

(b) No union or association party to this award, or worker or workers covered by this award, shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

10.—Meal Times. (1) Except as hereinafter provided one hour shall be

allowed for any meal break which shall subject to subclause (4) of clause 9, be taken immediately after the completion of four hours work; Provided that the time at which such meal shall be taken may be varied by agreement between the employer and the union. Provided further that a lesser period than the one hour referred to herein may be allowed by agreement between the employer, a worker and the union.

(2) If a worker is required to work during the recognised meal period and does not in consequence obtain during the shift a full continuous meal period or loses any portion of the meal period he shall be paid at the rate of double time for the period not obtained or any portion lost.

(3) A morning tea break of seven and a half minutes duration on each day to be counted as time worked, shall be allowed to workers other than shift workers without deduction of pay.

The employer shall fix the time for the commencement of the tea break but as far as possible shall meet the wishes of the workers.

11.—Holidays. (1) The following days or the days observed in lieu

shall, subject to subclause (2) of this clause and to clause 9 be allowed as holidays without deduction of pay, namely, New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, State Foundation Day, Christmas Day, Boxing Day, Local Show Day (or alternatively Sovereign's Birthday). Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.

(2) When any of the days mentioned in subclause (1) hereof falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(3) 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 a worker need not present himself for duty and payment may be deducted, but if work be done, ordinary rates of pay shall apply.

(4) This clause shall not apply to casual workers or night watchmen.


consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer after a period of twelve months' continuous service with such employer.

Provided that in the case of nightwatchmen the period of leave shall be four and two-third weeks.

(2) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordinary working day, there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid.

(3) Annual leave shall be taken within six months of falling due at such time as the employer may decide but at least fourteen days' notification of such decision shall be given to the worker.

(4) A worker who has been in the employment of an employer for the twelve months preceding the date of his annual leave shall be allowed a further one week's leave without pay if he so requests.

(5) If, after one month's continuous service in any qualifying twelve monthly period, a worker leaves his employment or his employment is terminated by the employer through no fault of the worker, the worker shall be paid one quarter of a week's pay at his ordinary rate of wage in respect of each completed month of continuous service.

Provided that in the case of nightwatchmen referred to in subclause (1) hereof, such payment shall be seven-eigh- teenths of a week's pay at his ordinary rate of wage in respect of each completed month of continuous service.

(6) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave, as prescribed by this award, shall not count for the purposes of determining his right to annual leave.

(7) In the event of a worker being employed by an employer for portion only of a year, he shall only be entitled subject to subclause (5) of this clause, to such leave on full pay as is proportionate to his length of service during that period with such employer and if such leave is not


equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.


(9) In special circumstances and mutual consent of the employer, the worker and the union concerned, annual leave may be taken in not more than two periods.

(10) Notwithstanding anything else herein contained an employer who observes a Christmas closedown for the purpose of granting annual leave may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week.


13.—Absence through Sickness. (1) A worker shall be entitled to payment for non-at-

tendance on the ground of personal ill-health for one- twelfth of a week for each completed month of service.

Provided that payment for absence through such ill- health shall be limited to one week in each calendar year. Payment hereunder may be adjusted at the end of each calendar year, or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act.

(2) A worker shall not be entitled to receive any wages from his employer for any time lost through the result of an accident not arising out of or in the course of his employment or for any accident, wherever sustained, arising out of his own wilful default, or for sickness arising out of his own wilful default.



14.-—Higher Duties. When a worker is called upon to perform work for which

a higher rate is prescribed than his ordinary classification, for one hour or more in any one day, such worker shall be paid the higher rate for the day.

15.—Payment of Wages. (1) When a worker has been dismissed or has resigned

before the usual pay day he shall be paid all wages, holiday pay and sick leave to which he may be entitled within twenty-four hours of leaving the employer's service.

(2) Payment of wages shall be made once weekly or once fortnightly at the discretion of the employer.

(3) No employer shall keep more than two days' pay in hand.

16.—Camping. (1) Where required, adequate camping facilities in-

cluding the supply of stretchers shall be provided by the employer.

Where tents are supplied the following minimum meas- urements shall obtain:—

For one man—8 feet by 10 feet tent. For two men—10 feet by 12 feet tent.

(2) (a) On work which necessitates camping on the job, all reasonable goods and camping outfits to be collected at the depot and returned to the depot on completion of the job.

(b) All shifting of camp to be done in the employer's time.

(3) When workers are engaged on work which necessitates camping on a job, a medicine chest and first aid equipment shall be supplied by the employer.

(4) In the event of a dispute arising between the parties on the question of whether camping facilities are adequate or not, the matter may be referred to a Board of Reference for determination.

17.—Transportation of Workers. (1) The employer shall when transporting workers to

and from a job from headquarters or a depot provide suitable seating and weatherproof covering.

(2) Where reasonably practicable vehicles and units of plant equipment shall be fitted with a weatherproof cano- py to protect the driver or operator.

18.—Leave of Absence to Officers of the Union. For the purpose of this award, leave of absence from

duty, without prejudice, shall be granted to the president of the union or the president or secretary of any branch of the union, or any steward duly authorised by the union, without pay, provided that they shall first find satisfactory substitutes, if so required by the employer.

19.—Under Rate Workers. (1) Any worker who by reason of old age or infirmity is



(3) After application has been made to the Board and pending the Board's decision, the worker shall be entitled to work for and be employed at the proposed lesser rate.

20.—Record. (1) A readily intelligible record shall be kept by each

employer, containing the following particulars:— (a) the name of each worker; (b) the time he starts and finishes work each day; (c) all overtime worked; (d) the total number of hours worked each day and

each week; (e) the wages (and overtime, if any) paid to each

worker; (f) the amount of fares and special allowances (if

any) paid; (g) the class of work performed by each worker.

(2) Such record shall be signed by the worker and shall be open to inspection, during office hours, by the secretary or an accredited representative of the union, and such person may take extracts therefrom

21.—Board of Reference. (1) The commission hereby appoints for the purposes of

this award a Board of Reference consisting of a chairman and two other members who shall be appointed pursuant to regulations 59-60 and 61 of the Industrial Arbitration Act (Industrial Commission) Regulations, 1971.

_ (2) The Board of Reference is hereby assigned the functions of allowing, approving, fixing, determining or dealing with any matter which under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference.


"The union" means the Western Australian Munici- pal Road Boards, Parks and Racecourse Employ- ees' Union of Workers, Perth; "unionist" means a worker who is a member of the union; "non- unionist" means a worker who is not a member of the union.

:0 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [21 November, 1973.


(a) unless he has already applied for membership of the union in the manner prescribed by the rules of the union, apply for such membership in the manner so prescribed within seven days of receiving from an accredited representative of the union, a copy of those rules, a copy of _this clause and an application form for membership;




membership of the union issued and in force pursuant to section 61B of the Industrial Arbi- tration Act, 1912-1971;



(4) (a) Where the secretary of the union has notified an employer that a non-unionist to whom the provisions of subclause (2) of this clause apply, has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than twenty-four hours to the exclusion of any well conducted unionist who is employed by or who applies for employment with that employer and who is adequately experienced and otherwise competent in the work performed by that non-unionist, and is of the sex to which that work is allotted by this award, or where the award makes no such provision by custom.








(ii) within the time specified by that employer in any advertisement calling for such applications, whichever is the later;

(c) is able to commence work at the time required by the employer; and

(d) is of the sex to which the work concerned is allotted by this award or, where the award makes no such provision, by custom.



(b) for the period between the date on which he applies for such certificate and the date on which that application is finally determined under that section.

23.—First Aid Kit. (1) The employer shall provide at each workshop, store,

depot, stable or on any job on which four or more workers are engaged an adequate first aid kit for the use of the workers in case of accident and such first aid kit shall be kept renewed and in proper condition.

(2) Bandages and suitable antiseptics shall be provided by the employer on vehicles conveying hot bitumen or tar.

24.—Sanitary Facilities and Shelter Sheds. (1) The employer shall provide suitable sanitary facil-

ities for workers if such are not readily available to workers or make other suitable arrangements for workers to have access to sanitary facilities.

(2) At all fixed depots where four or more workers are permanently employed the employer shall provide suitable washing and seating facilities and shelter for dining purposes.

(3) Where practicable the employer shall provide where necessary shelter sheds for workers.

(4) The employer shall provide at each rubbish tip or sullage disposal site an adequate water supply for washing and drinking purposes and suitable sanitary facilities for the convenience of workers.

25.—Protective Clothing. (1) Overalls shall be supplied to: Men in a tree lopping

and/or tree pruning gang, tractor mower drivers, garage assistants, men operating steam cleaner, men engaged spreading tar, bitumen, or bituminous emulsions, men handling coal, limestone filler, sanitary workers, scrubbers, machine drivers and workers frequently handling cement or frequently working with cement or concrete.

(2) (a) Rubbish and dust carters, sweepers on orderly work with hand scoops, other sweepers and pickers up shall be supplied with waterproof coats at the discretion of the employer.

(b) Tipmen, machine drivers, collectors, or any worker employed on a rubbish tip or sullage disposal site shall be supplied with boots and waterproof coats and trousers at the discretion of the employer.

(3) Clogs or boots shall be supplied to workers engaged in the—

(a) application of tar, bitumen, or bituminous emulsions to roads or footpath pavements;

(b) heating of tar or bitumen and/or manufacture of bituminous emulsions;

(c) preparation and/or spreading of tar or bituminous concrete and of tar or bitumen premix.

(4) Leather hand protectors or gloves shall be supplied to men handling concrete slabs, bitumen drums or to workers frequently handling cement.

(5) Cotton waste and cleansing material shall be made available to men engaged on tar or bitumen work.

(6) Water bags shall be supplied at the discretion of the officer in charge.

(7) Stage hands shall be supplied with waterproof aprons, overalls and gum boots.

(8) Masks and overalls shall be supplied to workers grinding dry sewerage sludge.

(9) Overalls; gloves, boots and protective head covering shall be supplied to workers spraying with weedkillers and insecticides.

(10) Workers engaged setting up concrete kerb moulds in streets shall be supplied with suitable hand protectors and overalls.

(11) Concrete slab and kerb makers and their assistants shall be supplied with waterproof aprons.



26.—Extra Rates and Conditions. (1) Ten cents per day or portion thereof in addition to

the prescribed rate shall be paid to— (a) any worker working on wet ground, where water-

proof boots are not provided; (b) any worker using slag in building or repairing

roads; (c) workers required to throw up metal or other mat-

erial with a shovel more than six feet above the level from which they are working;

(d) sanitary pan tarrers when tarring pans; (e) workers engaged in drying or screening metal; (f) machine drivers and motor vehicle drivers who in

the performance of their duties actually come into physical contact with tar or bitumen;

(g) gully hole and sump cleaners (payment hereunder shall not apply to gully hole eductor operators or their assistants classified in clause 27, subclause (2) (c) hereof);

(h) any worker handling filler, excluding workers feeding bituminous mixer (filler) classified in clause 27 (2) (h) hereof;

(i) motor vehicle drivers who are called upon to assist the sprayer or fumigator to mix and/or spray with poisonous mixtures.

(2) Wood block and cube layers shall be paid thirty cents per day or portion thereof in addition to the prescribed rate.

(3) A casual worker shall be paid at the rate of fifteen per centum in addition to the rate prescribed by this award.

(4) Sixty-five cents per day extra shall be paid to workers operating a tar spraying pressure machine or a bitumen emulsion spraying machine. This shall include the man operating the pump.

(5) Thirty cents per day extra shall be paid to workers cleaning a bitumen tank or boiler.

(6) Workers removing or burying liquid or solid offensive matter or swill shall be paid at the appropriate sanitary rate.

(7) Workers engaged on fire-fighting shall be paid at the rate of twenty cents per hour in addition to their prescribed rate for the time so employed.

(8) (a) Leading hands placed in charge of not less than three or more than ten other workers shall be paid five dollars and forty cents per week above the rate of wage of the workers whose work they direct.

(b) Leading hands placed in charge of more than ten but not more than twenty other workers shall be paid eight dollars ten cents per week above the rate of wage of the workers whose work they direct.

(c) Leading hands placed in charge of more than twenty other workers shall be paid ten dollars per week and seventy five cents above the rate of wage of the workers whose work they direct.

(9) The wage of any worker temporarily taking over the duties of another worker shall not be reduced whilst he is so employed.

(10) Any worker using explosives shall be paid whilst using such explosives not less than the rate prescribed for a shot firer.

(11) (a) Except in the case of nightwatchmen, night stablemen and male attendants at public latrines, workers working shift work outside the ordinary hours of duty shall be paid five per cent, in addition to their ordinary rates for afternoon shift and ten per cent, in addition to their ordinary rate for night shift.

(b) Work other than day shift shall not be recognised as afternoon or night shift unless in either case five consecutive afternoons or nights are worked, but shall be

1441

deemed overtime. On completion of the fifth consecutive afternoon's or night's work, the worker shall be deemed to have been employed on afternoon or night shift as the case may be, during the preceding four afternoons or nights and thereafter any subsequent consecutive afternoons or nights he is so required.

The sequence of shift work shall not be deemed to be broken under the preceding paragraphs by reason of the fact that work is not performed on a Saturday, Sunday or a holiday.

(c) Night watchmen, night stablemen and male attendants at public latrines employed on any type of shift referred to in (a) hereof shall be paid an extra five per cent, for each shift so worked excepting where subclause (17) of this clause has application.

(12) (a) Any worker who is called upon to clean out a septic tank or sullage well and who is required to enter a septic tank or sullage well to perform such work shall receive not less than the rate prescribed for pan removers plus twenty five cents per hour whilst so engaged: Provid- ed that if such work is performed by mechanical means such workers shall be paid the rate prescribed for pan removers. Gum boots, masks and overalls shall be supplied by the employer to workers engaged on such work.

(b) Workers other than men employed on septic tanks or sullage wells who are engaged on offensive work in connection with excavating in ground where fumes arise from decomposed materials to be paid an additional twenty five per cent, during ordinary working hours.

(13) Any worker handling wet sewerage sludge shall be paid the rate prescribed for pan removers.

(14) All workers classified in clause 27 subclause (2) (f) and all workers employed in shafts when working between six feet and twenty feet below the surface shall be paid eighty cents per day extra. When working over twenty feet below the surface, one dollar seventeen cents per day shall be paid.

(15) Nightwatchmen shall be allowed one night off in each four weeks.

(16) A worker removing any dead animal specified herein shall be paid the amount set out hereunder in addition to the rates provided in clause 27 hereof whilst so employed—

(a) Horses, cattle or pigs—75 cents per day. (b) Sheep—50 cents per day. (c) Dogs and/or cats—20 cents per day.

(17) All ordinary hours of work performed by night watchmen, male attendants at public latrines or male attendants at caravan compounds or public camping areas on Saturday, shall be paid for at the rate of twenty-five per cent, extra and all ordinary hours of work performed by such workers on Sundays shall be paid for at the rate of fifty per cent, extra.

(18) Except in the cases where the employer provides board arid lodging, any worker who is required by an employer to camp out because of the distance the work is from his home he shall be paid $1.60 per day or $8.00 per week of five days as a camping allowance in addition to the prescribed wages.

27.—Wages. (1) The minimum rates of wages per week payable to

male workers covered by this award shall be the wages prescribed in subclause (2) of this clause.




day week) 66.50 Motor truck drivers on sanitary work.... 79.70 Motor vehicle driver on liquid sullage

work shall be paid $4.00 per week in


addition to the appropriate vehicle drivers rate in (b) and (c) hereof.


Horse drivers on sanitary work Assistants on rubbish or dust lorries or

trucks (b) (i) Motor Vehicle Drivers—

Not exceeding 25 cwt. capacity... Exceeding 25 cwt. but not ex-

ceeding 3 tons capacity Exceeding 3 tons but under 6

tons capacity 6 tons and over but under 7 tons

capacity 7 tons and over but under 8 tons

capacity 8 tons and over but under 9 tons

capacity 9 tons and over but under 10

tons capacity 10 tons and over but under 11













tons capacity 23 tons and over

(ii) Driver of motor vehicle (not being a tractor) drawing a trailer: For a loaded single-axle trailer—48 cents per day extra, or for an empty single-axle trailer—26 cents per day extra. For any other loaded trailer—62 cents per day extra, or for any other empty trailer—34 cents per day extra.








tons capacity

16 tons and over but under 17 tons capacity

















33 tons and over (iv) Driver of Machinery Float-

Not exceeding 9 tons capacity.... 9 tons and over but under 10


















tons capacity











(c) Machine Drivers—• Operator—powered roller under 8

tons Operator—powered roller 8 tons and

over Operator—powered vibrating roller

under 4 tons Operator—powered vibrating roller 4

tons and over Operator—powered road roller

pneumatic tyred under 8 tons Operator—powered road roller

pneumatic tyred 8 tons and over.... Operator—tractor—pneumatic tyred

without power operated attachments— (i) Classes 1 and 2


(iii) Over class 6 Operator—tractor—pneumatic tyred


(ii) Classes 3, 4, 5 and 6 (not including tilting or one man hitch trailer)




(ii) Classes 4 and 5 (iii) Class 6 and over

Operator crawler tractor with power operated attachments—• (i) Classes 1 and 2

(ii) Classes 3 and 4 (iii) Classes 5 and 6 (iv) Over class 6


(ii) Grader—power operated below 50 nett engine horsepower

(iii) Grader—power operated 50 to 100 nett engine horsepower

(iv) Grader—power operated above 100 nett engine horsepower

Operators—Trenching Machines— (i) Operator—trenching machine

of the small Ditch-Witch type. (ii) Operator—trenching machine,


(iii) Operator—trenching machine ladder type, depth greater than 5 feet up to 8 feet and width above 12 inches up to 18 inches and bucket wheel trencher with equivalent capacity in cubic yards per hour

Operators—Scrapers— (i) Self powered scraper up to



Operators—Excavators— (i) Up to and including 5/8 cubic



Operators—Mobile Cranes— (i) Up to and including 8 tons







130 brake horsepower (iv) Over 130 brake horsepower

Provided that the aforementioned brake horsepower ratings shall relate only to the prime motive engine of the equipment.

Operators—Loaders—Front End and Overhead: The appropriate tractor rate except that crawler tractor front end loaders are to be classified by using the weight of the tractor including the loader attached in lieu of the bare shipping weight.



Air compressor operator Operator—mechanical bucket type


Men operating steam cleaner Gully hole eductor operator assistant Garage assistant Operator of levelling and finishing

unit (Barber Green)

(d) Gardeners— Propagator Nurserymen, first class gardeners ap-








(f) Drainage Workers— Pipe layer and jointer and setter Timberman Others

(g) Quarrymen— Shot firer Crusher feeder Jackhammerman Man barring down Spaller Plant attendant Man filling wagon under bin Jumperman or hammer and drillman Machine borer



paths Dragmen Topmen weighing metal and






Sealing iron operator Operator of metal spreading machine Impactor operator

(i) Kerb and Path Hands— Wood kerber Gravel and stone lump kerb layers.... Concrete slablayer Concrete kerb layer Concrete finisher Concrete slab, kerb makers Concrete screed hands, slab and kerb

layers' assistants Workers mixing, wheeling and

packing concrete (including mixing machine)

(j) Road Workers and Depot Hands— Road workers and depot men Hammer and gadmen, breaking up

roads and footpaths Knappers on roads or footpaths Spallers on roads or footpaths


truck (1) Scoopmen—

Mechanically hauled scoop

(m) General— Sand and/or gravel pitman Axeman Broad axeman Jackhammerman and pneumatic

drillman Nightwatchman Tree fallers (native trees) Sprayers or fumigators of noxious

weeds and/or pests, vermin, mosquitoes or ants or workers em- Eloyed in destroying blackberry

ush and boxthorn— (i) Hand operated

(ii) Power operated Storeman Road marker

(n) Grave Diggers and Exhumations— Grave diggers



(ii) In the case of two or more workers being required to perform the task or tasks referred to in subclause (i) hereof the amount of twelve dollars shall be equally divided amongst the workers so

(o) Vermin Inspector (where this work is not carried out by an officer)

(p) Electricity or Gas Workers— Assistants employed in electricity or

gas undertakings (q) Sinking and/or Repairing Wells—

Well sinker Erecting and/or repairing windmills .. Winch drivers

(r) Water Board Workers— Maintenance men driving truck Maintenance men Meter repairer Meter repairer and maintenance men

(s) Male Attendants at Caravan Com- pounds and Camping Areas

(t) Bridge and Culvert Workers— Bridge carpenter Bridge carpenter's assistant

(u) Workers not elsewhere Classified

(3) For the purposes of paragraph (c) of subclause (2) of this clause— (a) Crawler tractors are classified in accordance

with Australian Standard D4-1964 "Class- ifications of Crawler Tractor by Weight" as follows:—

Class Shipping Weight—pounds. 1 Up to 3,000. 2 Over 3,000 up to 6,000. 3 Over 6,000 up to 10,000. 4 Over 10,000 up to 15,000. 5 Over 15,000 up to 25,000. 6 Over 25,000 up to 40,000. 7 Over 40,000 up to 60,000. 8 Over 60,000 up to 80,000. 9 Over 80,000.


(b) Pneumatic tyred tractors up to 230 power take off h.p. are classified as follows:—

Class Power Take-Off Horse Power.

1 Up to 15. 2 Over 15 up to 25. 3 Over 25 up to 35. 4 Over 35 up to 45. 5 Over 45 up to 60. 6 Over 60 up to 80. 7 Over 80 up to 100. 8 Over 100.

(c) Pneumatic tyred tractors over 230 power take off h.p. are classified as indicated in the margins table of this clause.

(d) Self propelled rollers are classified by weight complete including maximum ballast.

(e) Mobile cranes constructed as an attachment to or modification of a tractor, fail into the appropriate group for the tractor with power operated attachments. Mobile cranes are defined as those mounted on a specially de- signed chassis or a lorry and capable of load manipulation slewing, and travelling under their own power.

(f) Back hoe when attached to a tractor shall be considered as a power operated attachment to the tractor.

28.—Long Service Leave. The Long Service Leave provisions set out in Volume 50

of the Western Australian Industrial Gazette at pages 16 to 21, both inclusive, are hereby incorporated in and form part of this award.

29.—Piecework. (1) An employer may make a contract with any worker

or group of workers for payment by results by piecework. (2) The rate of payment shall be fixed on the basis that

it shall be sufficient to yield to a worker of average capacity for a full week's work of the ordinary hours at least ten per cent, above the minimum time rate of pay as prescribed herein for such week's work.

(3) A worker working under any system of payment by result shall receive at least the time rate of pay as prescribed herein.

(4) Any dispute under this clause shall, in default of agreement between the employer and his workers or the employer and the union, be referred to the Board of Refer- ence for determination.

30.—Posting of Award. The accredited union representative shall not be pre-

vented from posting a copy of this award or any notice of the union, not exceeding fourteen inches by nine inches, in a suitable place agreed upon between the employer and the union. Failing agreement in this connection, the Board of Reference shall decide where the copy of the award or the said notice shall be posted.

31.—Working in Isolated Places. An operator of mechanical equipment, other than motor

vehicles and road rollers shall not be required to work alone in isolated places on construction work.

32.—Vehicle Allowance. A worker required by and authorised by his employer to

use his own motor vehicle in the course of his duties shall be paid an allowance not less favourable than that prescribed in the Local Government Officers (Western Aus- tralia) Award, 1970, as amended.


reduce the wage of any worker who at the date hereof was being paid a higher rate of wage than the minimum prescribed for his particular class of work.

Schedule A—Respondents. Municipalities:

Albany Municipal Council. Bunbury Municipal Council. Busselton Municipal Council. Collie Municipal Council. Geraldton Municipal Council. Narrogin Municipal Council. Northam Municipal Council. Wagin Municipal Council. York Municipal Council. Albany Racing Club. Stevenson and Langley, Sanitary Contractors,

Albany. J. T. Newbey, Wallsend Street, Collie.

Road Boards: Albany Road Board. Augusta-Margaret River Road Board. Balingup Road Board. Beverley Road Board. Bridgetown Road Board. Brookton Road Board. Broomehill Road Board. Bruce Rock Road Board. Bunbury Road Board. Capel Road Board. Carnamah Road Board. Chittering Road Board. Collie Road Board. Corrigin Road Board. Cranbrook Road Board. Cuballing Road Board. Daiwallinu Road Board. Dandaragan Road Board. Dardanup Road Board. Denmark Road Board. Dowerin Road Board. Drakesbrook Road Board. Dumbleyung Road Board. Geraldton Road Board. Gingin Road Board. Gnowangerup Road Board. Goomalling Road Board. Greenbushes Road Board. Greenough Road Board. Harvey Road Board. Irwin Road Board. Katanning Road Board. Kellerberrin Road Board. Kent Road Board. Kojonup Road Board. Kondinin Road Board. Koorda Road Board. Kulin Road Board. Kununoppin-Trayning Road Board. Lake Grace Road Board. Manjimup Road Board. Marradong Road Board. Meckering Road Board. Merredin Road Board. Mingenew Road Board. Moora Road Board.


Morawa Road Board. Mt. Marshall Road Board. Mukinbudin Road Board. Mullewa Road Board. Murray Road Board. Nannup Road Board. Narembeen Road Board. Narrogin Road Board. Northam Road Board. Northampton Road Board. Nungarin Road Board. Perenjori Road Board. Pingelly Road Board. Plantagenet Road Board. Preston Road Board. Quairading Road Board. Serpentine-Jarrahdale Road Board. Sussex Road Board. Tambellup Road Board. Three Springs Road Board. Toodyay Road Board. Upper Blackvvood Road Board. Upper Chapman Road Board. Victoria Plains Road Board. Wagin Road Board. Wandering Road Board. West Arthur Road Board. Wickepin Road Board. Williams Road Board. Wongan-Ballidu Road Board. Woodanilling Road Board. Wyalkatchem Road Board. York Road Board. Bunhury Race Club. Northam Race Club, Inc. Charles Brewster, Contractor, Bruce Rock. R. Cleary, Contractor, Dalwallinu. J. Close, Contractor, York. W. Cockman, Contractor, Moora. Crisp & Nye, Contractors, Bridgetown. J. T. Fisher, Contractor, Wickepin. R. Foggerty, Contractor, Three Springs. J. Jarvis, Contractor, Donnybrook. C. Legges, Contractor, Tammin. J. Norwood, Contractor, Wongan Hills. G. Petit, Contractor, Busselton. F. M. Ridley, Contractor, Manjimup. G. Rowell, Contractor, Cunderdin. S. Smith, Contractor, Ewington, via Collie.

MUNICIPAL EMPLOYEES. (Outside Workers—

Kings Park Board and Others.)




Boards, Parks and Race Course Employ- ees' Union of Workers, Perth, Applicant, and Kings Park Board and others, Re- spondents.

HAVING heard Mr. G. H. Dench on behalf of the applicant and Mr. M. A. O'Connor on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The West- ern Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Municipal Employees (Kings Park Board and Others) Award No. 12 of 1972, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first, pay period commencing on or after the date hereof.



Schedule. Clause 31.—Wages: Delete subclauses (1), (2) and (8) of

this clause and insert in lieu thereof:— (1)' Basic Wage (per week): $

Adult males 44.00 Adult females 39.00

(2) Adults (classifications and margins over basic wage per week): (a) Motor vehicle drivers and sanitary ser-

vice workers—■ Not exceeding 25 cwt. capacity 27.80 Exceeding 25 cwt. capacity but not

exceeding 3 tons capacity 29.70 Exceeding 3 tons capacity but under

6 tons capacity 31.60 6 tons and over but under 7 tons

capacity 32.00 Assistant on rubbish vehicle 24.20

(b) Machine drivers— Operator—powered roller under 8

tons 30.10 Operator—powered vibrating roll-

er—under 4 tons 30.10 4 tons and over 33.20


Operator—tractor—pneumatic tyres with power operated attachments— (i) Classes 1 and 2 30.10

(ii) Classes 3, 4, 5 and 6 (not including tilting or one man hitch trailer) 33.20

(iii) Over class 6 and up to and including 230 engine h.p 35.10

Operator—tractor—pneumatic tyred without power operated attachments— (i) Classes 1 and 2 28.20

(ii) Classes 3, 4, 5 and 6 (including trailers tilting or one man hitch trailer) 30.10

Operator of rotary hoe (not tractor attachment; 25.20

Operator of portable petrol driven crosscut or circular saw 26.90

Operator motive power mower rider type without power operated attachments Classes 1 and 2 28.20

Operator motive power mower rider type with power operated attachments Classes 1 and 2 30.10

(c) Operator of motor powered walk mowers (not tractor attachment type)—

(i) Rotary or reel type under 27 in. cut 14.20

(ii) Rotary or reel type 27 in. cut and over 16.60

(d) Gardening— Assistant seed collector 34.00 Horticulturist (certificated) 34.00 Senior gardener Grade 2 24.00 Senior gardener Grade 1 16.60 Gardener 15.00

(e) General— Concrete slab layer, kerb layer or

concrete finisher 26.20 Labourer 18.00

(f) Foreman— King's Park Board—

Estates 48.90 Horticulture 57.90 Botanic Garden 63.90

Institute of Technology— Ground 48.90

(g) Notwithstanding the rates prescribed in subclauses (1) and (2) of this clause the total male rate prescribed for the classification of horticulturist (certificated) in paragraph (d) shall be paid to a female horticulturist who holds the necessary certificate.

(8) Notwithstanding anything else contained in this award if the Western Australian Industrial Com- mission should prescribe a basic wage generally or in any district differing in amount from that now prescribed, namely $44.00 per week for adult males, then the margins prescribed for classifications (2) (a), (b), (e) and (f) shall be increased or decreased as the case may be to the same extent as that present basic wage may be increased or decreased by that Commission as aforesaid so that the total rates so prescribed shall remain constant.

MUNICIPAL EMPLOYEES. (Outside Workers— Town of Kalgoorlie

and Others.)




Boards, Parks and Race Course Employ- ees' Union of Workers, Perth, Applicant, and Town of Kalgoorlie and others, Re- spondents.

HAVING heard Mr. G. H. Bench on behalf of the applicant and Mr. W. J. Brown on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Municipal Employees (Out- side Workers—Town of Kalgoorlie and Others) Award No. 13 of 1971, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. Delete Clause 29.—District Allowances and insert in

lieu:— 29.—District Allowances.

In addition to the wages prescribed in Clause 27 of this Award, the following allowances shall be paid by the various respondents:—

A worker shall be entitled to one-fifth of the weekly allowance for each day worked.

Per Week.

Coolgardie Shire Council. Dundas Shire Council


MUNICIPAL EMPLOYEES. (Outside Workers—Town of

Kalgooriie and Others.)




Boards, Parks and Race Course Employ- ees' Union of Workers, Perth, Applicant, and Town of Kalgooriie and others, Re- spondents.

HAVING heard Mr. G. H. Dench on behalf of the applicant and Mr. C. D. Lambert on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The West- ern Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Municipal Outside Workers' (Town of Kalgooriie and Others) Award No. 13 of 1971, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. 1. Clause 2.—Arrangement: Delete from this clause the

number and title:— 27A.—Minimum Wage.

2. Clause 27.—Wages: Delete paragraphs (d), (e) and (f) of subclause (2) and subclause (4) of this clause and insert in lieu:—

(d) General: $ Turf wicket keepers 34.25 Gardeners 30.65 Power mower driver 23.35 Rock crusher man 32.25 Jackhammer man and pneumatic drill

man 30.65 Concrete slab layer 34.25 Concrete kerb layer 34.25 Labourers 22.45

(e) Drainage workers— Pipe layer and jointer and setter 34.25 Timberman 23.35 Others 23.35

(f) Gravediggers and exhumations— Gravediggers 40.15 Exhumations—

(i) Any worker who opens and/or enters a grave for the purpose of an exhumation shall be paid eight dollars for the first body lifted and four dollars for each subsequent body lifted.

(ii) In the case of two or more workers being required to perform the task or tasks referred to in subclause (i) hereof the amount of twelve dollars shall be equally divided amongst the workers so engaged.

(4) (a) Leading hands placed in charge of not less than three or more than ten other workers shall be paid five dollars and forty cents above the rate of wage of the workers whose work they direct.

(b) Leading hands placed in charge of more than ten but not more than twenty other workers shall be paid eight dollars and ten cents per week above the rate of wage of the workers whose work they direct.

(c) Leading hands placed in charge of more than twenty other workers shall be paid ten dollars and seventy five cents per week above the rate of wage of the workers whose work they direct.

3. Clause 27A.—Minimum Wage: Delete this clause from the award.

MUNICIPAL EMPLOYEES. (Outside Workers—

Rest of State.)



No. 808 of 1973. Between Western Australian Municipal Road

Boards, Parks and Race Course Employ- ees' Union of Workers, Perth, Applicant, and Carnarvon Municipal Council and others, Respondents.

HAVING heard Mr. G. H. Dench on behalf of the applicant and Mr. W. J. Brown on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Municipal Employees' (Rest of State) Award No. 19 of 1949, as amended and consolidated, be and the same is hereby further amended and consolidated in accordance with the following schedule


and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.




This Award shall be known as the "Municipal Outside Workers' (Rest of State) Award No. 19 of 1949" as amended and consolidated.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Contract of Service. 8. Hours. 9. Overtime.

10. Meal Times. 11. Holidays. 12. Annual Leave. 13. Absence through Sickness. 14. Higher Duties. 15. Payment of Wages. 16. Camping. 17. Transportation of Workers. 18. Leave of Absence to Officers of the Union. 19. Under Rate Workers. 20. Record. 21. Board of Reference. 22. Preference to Unionists. 23. First Aid Kit. 24. Sanitary Facilities and Shelter Sheds. 25. Protective Clothing. 26. Extra Rates and Conditions. 27. Wages. 28. Long Service Leave. 29. Piecework. 30. Posting of Award. 31. Working in Isolated Places. 32. Vehicle Allowance. 33. No Reduction. 34. District Allowances.

Schedule "A" Respondents

3.—Scope. This award shall apply to workers eligible to belong to

the applicant union and employed by the respondents in any of the callings referred to in Clause 27.—Wages.

4.—Area. This award shall have effect over the areas comprised

within that portion of the State outside the South-West Land Division over which the Municipal Councils and Shire Councils who are respondents to this award have local governing authority.

5.—Term. The Term of this award shall be for a period of three

years commencing as from the beginning of the first pay period after the date hereof. (This award was delivered on the 10th March, 1950).

6.—Definitions. (1) "Bitumen or tar pourer" means a worker who, other-

wise than in patching, pours bitumen in final position. (2) "Bitumen or tar worker" means a worker (other

than a bitumen pourer), heating, preparing, cutting, carrying, laying, using on woodwork or handling asphalt, bitumen, tar or emulsion or material coated with any one thereof.

(3) "Bridge carpenter's assistant" means a worker generally assisting a carpenter or bridge carpenter.

(4) "Casual worker" shall mean a worker employed for less than one week.

(5) "Camping site" shall mean a place, other than "headquarters" where a worker is living when forced, because of the distance between his home and the location of his work for the time being, to live away from home. Provided, however, that a camping site shall not be established within a distance of ten miles of a "headquarters".

(6) "Concrete floater" means a worker engaged in concrete or cement work and using a wooden or rubber screeder or mechanical trowel or a wooden float or engaged in bagging off or broom finishing or patching.

(7) "Concrete finisher" means a worker other than a concrete floater engaged in hand finishing of concrete or cement work not being a finish in marble mosaic or terrazo.

(8) "Green keeper" shall mean a worker engaged on the maintenance and preparation of any of the following:-— Bowling greens, golf courses, croquet greens or tennis courts.

(9) "Headquarters" shall mean and include a permanent place wherein are stored or kept plant, equipment and materials or a place where vehicles are parked.

(10) "Pipelayer, pipejointer or pipesetter" means a worker laying, jointing or setting concrete or earthenware pipes, or pipes made of any material used in drainage or sewerage work but shall not include a worker doing work which is usually carried out by a plumber.

(11) "Pitcher setter, cube setter, pavior, kerblayer or slab layer" means a worker who is required to set and/or lay into position in paths, channels, rights of way and/or roadways any dressed stone, free stone, slate or similar materials, any precast cement, concrete or any similar slabs.

(12) "Pound keeper" shall mean a worker looking after a pound and who shall do such other work as the employer may require.

(13) "Shot firer" means a worker required to take care of, prepare and use explosives.

(14) "Propagator" means a worker engaged as such and responsible for the propagation of plants, trees or shrubs from seeds, cuttings or by grafting or budding.

(15) "Roadworker" shall mean a worker forming or con- structing, repairing or maintaining roads or street surfaces, including footpaths, rights of way and parking areas.

(16) "South West Land Division" means the South- West division as defined by section 28 of the Land Act, 1933-1967.

(17) "Spaller, other than in connection with a quarry" means a worker reducing stone to a specified or unspecified size by means of a spalling hammer.

(18) "Street sweeper" means a worker engaged in the sweeping and/or cleaning of streets, gutters and channels.

(19) "Timberman" means a worker timbering ex- cavations, shafts, etc.

(20) "Turf wicket keeper" shall mean a worker engaged on the preparation of turf cricket pitches.

(21) "Wet ground" shall mean ground which in the opinion of the responsible officer-in-charge of the particular work is impracticable for workers to work in without getting wet feet, or in the event of any dispute arising between the parties such ground as is determined "wet" by a Board of Reference.


7.—Contract of Service. The contract of hiring of every worker, other than a cas-

ual worker shall be a weekly one terminable by one week's notice given on any day.

8.—Hours. (1) Except as hereinafter provided forty hours shall con-

stitute a week's work to be worked in five days of eight hours, Monday to Friday inclusive.

(2) The hours of a driver shall commence when he signs on at "headquarters" or "camping site" in the morning and terminates when he signs off in the evening.

(3) Forty hours shall constitute a week's work for nightwatchmen to be worked on any six days of the v/eek. This provision shall be deemed to have been complied with if the ordinary working hours do not exceed eighty per fortnight.

(4) Forty hours shall constitute a week's work for male attendants at public latrines, and for male attendants at caravan compounds or public camping areas to be worked on any six days of the week.

(5) Any driver required by an employer to drive any vehicle from or to any permanent yard or depot shall be paid for such time as he is actually driving and for any time spent in servicing or maintenance of vehicles.

(6) For all workers required to travel from their usual "headquarters" or "camping site" to the job, one-way travelling time shall be allowed and paid for as part of the ordinary daily hours.

9.—Overtime. (1) (a) All time worked in excess of eight hours in any

one day, or before the usual starting time 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 each day.

(b) In the case of night watchmen and male attendants at public latrines, all work performed in excess of eighty hours per fortnight in the case of night watchmen and forty hours per week in the case of male attendants at public latrines shall be paid for at the rate of time and one half for the first four hours and double time thereafter.

(2) (a) Where overtime work is performed on a Satur- day, the following shall be the overtime rates:—

(i) for the first two hours before twelve noon, time and a half and thereafter double time;

(ii) after twelve noon, double time. (b) where overtime work is performed on a Sunday,

double time shall be paid. (3) All work performed on a holiday prescribed in clause

11 hereof shall be paid for at the rate of double time and a half except in the case of ordinary hours worked on any such holidays by nightwatchmen.

(4) Work done in the meal hour or any portion thereof shall be paid for at the rate of double time, but this shall not apply to cases involving the completion of work commenced before the lunch period and not occupying more than fifteen minutes from the commencement of the lunch hour, in which case the lunch period may be extended by fifteen minutes.

(5) Where a worker is recalled to perform overtime work after 6 p.m. Monday to Friday inclusive or on a Saturday, Sunday or a holiday prescribed by this award, he shall be paid a minimum of three hours at the appropriate overtime rate. Time reasonably spent in getting to and from work shall be counted as time worked.

(6) Subject to the provision of subclause (7) of this clause, a worker required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid one dollar for a meal and if, owing to the amount of overtime worked, a second or subsequent meal is required he shall be supplied with each such meal by the employer or be paid sixty cents for each meal so required.

(7) The provisions of subclause (6) of this clause do not apply:—

(a) in respect of any period of overtime for which the worker has been notified on the previous day or earlier that he will be required; or

(b) to any worker who lives in the locality in which the place of work is situated in respect of any meal for which he can reasonably go home.

(8) If a worker to whom paragraph (a) of subclause (7) of this clause applies has, as a consequence of the notification referred to in that paragraph, provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he shall be paid for each meal provided and not required, the appropriate amount prescribed in subclause (6) of this clause.

(9) (a) An employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.

(b) No union or association party to this award, or worker or workers covered by this award, shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

10.—Meal Times. (1) Except as hereinafter provided one hour shall be

allowed for any meal break which shall subject to subclause (4) of clause 9, be taken immediately after the completion of four hours work; Provided that the time at which such meal shall be taken may be varied by agreement between the employer and the union. Provided further that a lesser period than the one hour referred to herein may be allowed by agreement between the employer, a worker and the union.

(2) If a worker is required to work during the recognised meal period and does not in consequence obtain during the shift a full continuous meal period or loses any portion of the meal period he shall be paid at the rate of double time for the period not obtained or any portion lost.

(3) A morning tea break of seven and a half minutes duration on each day to be counted as time worked, shall be allowed to workers other than shift workers without deduction of pay.

The employer shall fix the time for the commencement of the tea break but as far as possible shall meet the wishes of the workers.

11.—Holidays. (1) The following days or the days observed in lieu

shall, subject to subclause (2) of this clause and to clause 9 be allowed as holidays without deduction of pay, namely, New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, State Foundation Day, Christmas Day, Boxing Day, Local Show Day (or alternatively Sovereign's Birthday). Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.

(2) When any of the days mentioned in subclause (1) hereof falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(3) 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 a worker need not present himself for duty and payment may be deducted, but if work be done, ordinary rates of pay shall apply.

(4) This clause shall not apply to casual workers or night watchmen.



consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer after a period of twelve months' continuous service with such employer.

Provided that in the case of nightwatchmen the period of leave shall be four and two-third weeks.

(2) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordinary working day, there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid.

(3) Annual leave shall be taken within six months of falling due at such time as the employer may decide but at least fourteen days' notification of such decision shall be given to the worker.

(4) A worker who has been in the employment of an employer for the twelve months preceding the date of his annual leave shall be allowed a further one week's leave without pay if he so requests.

(5) If, after one month's continuous service in any qualifying twelve monthly period, a worker leaves his employment or his employment is terminated by the employer through no fault of the worker, the worker shall be paid one quarter of a week's pay at his ordinary rate of wage in respect of each completed month of continuous service.

Provided that in the case of nightwatchmen referred to in subclause (1) hereof, such payment shall be seven-eigh- teenths of a week's pay at his ordinary rate of wage in respect of each completed month of continuous service.

(6) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave, as prescribed by this award, shall not count for the purposes of determining his right to annual leave.

(7) In the event of a worker being employed by an employer for portion only of a year, he shall only be entitled subject to subclause (5) of this clause, to such leave on full pay as is proportionate to his length of service during that period with such employer and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.


(9) In special circumstances and mutual consent of the employer, the worker and the union concerned, annual leave may be taken in not more than two periods.

(10) Notwithstanding anything else herein contained an employer who observes a Christmas closedown for the purpose of granting annual leave may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week.


13.—Absence through Sickness. (1) A worker shall be entitled to payment for non-at-

tendance on the ground of personal ill-health for one- twelfth of a week for each completed month of service.

Provided that payment for absence through such ill- health shall be limited to one week in each calendar year. Payment hereunder may be adjusted at the end of each calendar year, or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act.

(2) A worker shall not be entitled to receive any wages from his employer for any time lost through the result of 32585—6

an accident not arising out of or in the course of his employment or for any accident, wherever sustained, arising out of his own wilful default, or for sickness arising out of his own wilful default.



14.—Higher Duties. When a worker is called upon to perform work for which

a higher rate is prescribed than his ordinary classification, for one hour or more in any one day, such worker shall be paid the higher rate for the day.

15.—Payment of Wages. (1) When a worker has been dismissed or has resigned

before the usual pay day he shall be paid all wages, holiday pay and sick leave to which he may be entitled within twenty-four hours of leaving the employer's service.

(2) Payment of wages shall be made once weekly or once fortnightly at the discretion of the employer.

(3) No employer shall keep more than two days' pay in hand.

16.—Camping. (1) Where required, adequate camping facilities in-

cluding the supply of stretchers shall be provided by the employer.

Where tents are supplied the following minimum meas- urements shall obtain:—

For one man—8 feet by 10 feet tent. For two men—10 feet by 12 feet tent.

(2) (a) On work which necessitates camping on the job, all reasonable goods and camping outfits to be collected at the depot and returned to the depot on completion of the job.

(b) All shifting of camp to be done in the employer's time.

(3) When workers are engaged on work which necessitates camping on a job, a medicine chest and first aid equipment shall be supplied by the employer.

(4) In the event of a dispute arising between the parties on the question of whether camping facilities are adequate or not, the matter may be referred to a Board of Reference for determination.

17.—Transportation of Workers. (1) The employer shall when transporting workers to

and from a job from headquarters or a depot provide suitable seating and weatherproof covering.

(2) Where reasonably practicable vehicles and units of plant equipment shall be fitted with a weatherproof cano- py to protect the driver or operator.

18.—Leave of Absence to Officers of the Union. For the purpose of this award, leave of absence from

duty, without prejudice, shall be granted to the president of the union or the president or secretary of any branch of the union, or any steward duly authorised by the union, without pay, provided that they shall first find satisfactory substitutes, if so required by the employer.

19.—Under Rate Workers. (1) Any worker who by reason of old age or infirmity is



(3) After application has been made to the Board and pending the Board's decision, the worker shall be entitled to work for and be employed at the proposed lesser rate.


20.—Record. (1) A readily intelligible record shall be kept by each

employer, containing the following particulars:— (a) the name of each worker; (b) the time he starts and finishes work each day; (c) all overtime worked; (d) the total number of hours worked each day and

each week; (e) the wages (and overtime, if any) paid to each

worker; (f) the amount of fares and special allowances (if

any) paid; (g) the class of work performed by each worker.

(2) Such record shall be signed by the worker and shall be open to inspection, during office hours, by the secretary or an accredited representative of the union, and such person may take extracts therefrom

21.—Board of Reference. (1) The commission hereby appoints for the purposes of

this award a Board of Reference consisting of a chairman and two other members who shall be appointed pursuant to regulations 59-60 and 61 of the Industrial Arbitration Act (Industrial Commission) Regulations, 1971.

(2) The Board of Reference is hereby assigned the functions of allowing, approving, fixing, determining or dealing with any matter which under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference.


"The union" means the Western Australian Munici- pal Road Boards, Parks and Racecourse Employ- ees' Union of Workers, Perth; "unionist" means a worker who is a member of the union; "non- unionist" means a worker who is not a member of the union.






membership of the union issued and in force pursuant to section 61B of the Industrial Arbi- tration Act, 1912-1971;



(4) (a) Where the secretary of the union has notified an employer that a non-unionist to whom the provisions of subclause (2) of this clause apply, has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than twenty-four hours to the exclusion of any well conducted unionist who is employed by or who applies for

employment with that employer and who is adequately experienced and otherwise competent in the work performed by that non-unionist, and is of the sex to which that work is allotted by this award, or where the award makes no such provision by custom.










(d) is of the sex to which the work concerned is allotted by this award or, where the award makes no such provision, by custom.



(b) for the period between the date on which he applies for such certificate and the date on which that application is finally determined under that section.

23.—First Aid Kit. (1) The employer shall provide at each workshop, store,

depot, stable or on any job on which four or more workers are engaged an adequate first aid kit for the use of the workers in case of accident and such first aid kit shall be kept renewed and in proper condition.

(2) Bandages and suitable antiseptics shall be provided by the employer on vehicles conveying hot bitumen or tar.

24.—Sanitary Facilities and Shelter Sheds. (1) The employer shall provide suitable sanitary facil-

ities for workers if such are not readily available to workers or make other suitable arrangements for workers to have access to sanitary facilities.

(2) At all fixed depots where four or more workers are permanently employed the employer shall provide suitable washing and seating facilities and shelter for dining purposes.

(3) Where practicable the employer shall provide where necessary shelter sheds for workers.

(4) The employer shall provide at each rubbish tip or sullage disposal site an adequate water supply for washing and drinking purposes and suitable sanitary facilities for the convenience of workers.

25.—Protective Clothing. (1) Overalls shall be supplied to: Men in a tree lopping

and/or tree pruning gang, tractor mower drivers, garage assistants, men operating steam cleaner, men engaged spreading tar, bitumen, or bituminous emulsions, men handling coal, limestone filler, sanitary workers, scrubbers, machine drivers and workers frequently handling cement or frequently working with cement or concrete.


(2) (a) Rubbish and dust carters, sweepers on orderly work with hand scoops, other sweepers and pickers up shall be supplied with waterproof coats at the discretion of the employer.

(b) Tipmen, machine drivers, collectors, or any worker employed on a rubbish tip or sullage disposal site shall be supplied with boots and waterproof coats and trousers at the discretion of the employer.

(3) Clogs or boots shall be supplied to workers engaged in the—

(a) application of tar, bitumen, or - bituminous emulsions to roads or footpath pavements;

(b) heating of tar or bitumen and/or manufacture of bituminous emulsions;

(c) preparation and/or spreading of tar or bituminous concrete and of tar or bitumen premix.

(4) Leather hand protectors or gloves shall be supplied to men handling concrete slabs, bitumen drums or to workers frequently handling cement.

(5) Cotton waste and cleansing material shall be made available to men engaged on tar or bitumen work.

(6) Water bags shall be supplied at the discretion of the officer in charge.

(7) Stage hands shall be supplied with waterproof aprons, overalls and gum boots.

(8) Masks and overalls shall be supplied to workers grinding dry sewerage sludge.

(9) Overalls, gloves, boots and protective head covering shall be supplied to workers spraying with weedkillers and insecticides.

(10) Workers engaged setting up concrete kerb moulds in streets shall be supplied with suitable hand protectors and overalls.

(11) Concrete slab and kerb makers and their assistants shall be supplied with waterproof aprons.


26.—Extra Rates and Conditions. (1) Ten cents per day or portion thereof in addition to

the prescribed rate shall be paid to— (a) any worker working on wet ground, where water-

proof boots are not provided; (b) any worker using slag in building or repairing

roads; (c) workers required to throw up metal or other mat-

erial with a shovel more than six feet above the level from which they are working;

(d) sanitary pan tarrers when tarring pans; (e) workers engaged in drying or screening metal; (f) machine drivers and motor vehicle drivers who in

the performance of their duties actually come into physical contact with tar or bitumen;

(g) gully hole and sump cleaners (payment hereunder shall not apply to gully hole eductor operators or their assistants classified in clause 27, subclause (2) (c) hereof);

(h) any worker handling filler, excluding workers feeding bituminous mixer (filler) classified in clause 27 (2) (h) hereof;

(i) motor vehicle drivers who are called upon to assist the sprayer or fumigator to mix and/or spray with poisonous mixtures.

(2) Wood block and cube layers shall be paid thirty cents per day or portion thereof in addition to the prescribed rate.

(3) A casual worker shall be paid at the rate of fifteen per centum in addition to the rate prescribed by this award.

(4) Sixty-five cents per day extra shall be paid to workers operating a tar spraying pressure macume or a bitumen emulsion spraying machine. This shall include the man operating the pump.

(5) Thirty cents per day extra shall be paid to workers cleaning a bitumen tank or boiler.

(6) Workers removing or burying liquid or solid offensive matter or swill shall be paid at the appropriate sanitary rate.

(7) Workers engaged on fire-fightmg shall be paid at the rate of twenty cents per hour in addition to their prescribed rate for the time so employed.

(8) (a) Leading hands placed in charge of not less than three or more than ten other workers shall be paid five dollars and forty cents per week above the rate of wage of the workers whose work they direct.

(b) Leading hands placed in charge of more than ten but not more than twenty other workers shall be paid eight dollars ten cents per week above the rate of wage of the workers whose work they direct.

(c) Leading hands placed in charge of more than twenty other workers shall be paid ten dollars per week and seventy five cents above the rate of wage of the workers whose work they direct.

(9) The wage of any worker temporarily taking over the duties of another worker shall not be reduced whilst he is so employed.

(10) Any worker using explosives shall be paid whilst using such explosives not less than the rate prescribed for a shot firer.

(11) (a) Except in the case of nightwatchmen, night stablemen and male attendants at public latrines, workers working shift work outside the ordinary hours of duty shall be paid five per cent, in addition to their ordinary rates for afternoon shift and ten per cent, in addition to their ordinary rate for night shift.

(b) Work other than day shift shall not be recognised as afternoon or night shift unless in either case five consecutive afternoons or nights are worked, but shall be deemed overtime. On completion of the fifth consecutive afternoon's or night's work, the worker shall be deemed to have been employed on afternoon or night shift as the case may be, during the preceding four afternoons or nights and thereafter any subsequent consecutive afternoons or nights he is so required.

The sequence of shift work shall not be deemed to be broken under the preceding paragraphs by reason of the fact that work is not performed on a Saturday, Sunday or a holiday.

(c) Night watchmen, night stablemen and male attendants at public latrines employed on any type of shift referred to in (a) hereof shall be paid an extra five per cent, for each shift so worked excepting where subclause (17) of this clause has application.

(12) (a) Any worker who is called upon to clean out a septic tank or sullage well and who is required to enter a septic tank or sullage well to perform such work shall receive not less than the rate prescribed for pan removers plus twenty five cents per hour whilst so engaged: Provid- ed that if such work is performed by mechanical means such workers shall be paid the rate prescribed for pan removers. Gum boots, masks and overalls shall be supplied by the employer to workers engaged on such work.

(b) Workers other than men employed on septic tanks or sullage wells who are engaged on offensive work in connection with excavating in ground where fumes arise from decomposed materials to be paid an additional twenty five per cent, during ordinary working hours.

(13) Any worker handling wet sewerage sludge shall be paid the rate prescribed for pan removers.

(14) All workers classified in clause 27 subclause (2) (f) and all workers employed in shafts when working between six feet and twenty feet below the surface shaii be paid eighty cents per day extra. When working over twenty feet below the surface, one dollar seventeen cents per day shall be paid.

(15) Nightwatchmen shall be allowed one night off in each four weeks.


(16) A worker removing any dead animal specified herein shall be paid the amount set out hereunder in addition to the rates provided in clause 27 hereof whilst so employed—

(a) Horses, cattle or pigs—75 cents per day. (b) Sheep—50 cents per day. (c) Dogs and/or cats—20 cents per day.

(17) All ordinary hours of work performed by night watchmen, male attendants at public latrines or male attendants at caravan compounds or public camping areas on Saturday, shall be paid for at the rate of twenty-five per cent, extra and all ordinary hours of work performed by such workers on Sundays shall be paid for at the rate of fifty per cent, extra.

(18) Except in the cases where the employer provides board and lodging, any worker who is required by an employer to camp out because of the distance the work is from his home he shall be paid $1.60 per day or $8.00 per week of five days as a camping allowance in addition to the prescribed wages.

27.—Wages. (1) The minimum rates of wages per week payable to

male workers covered by this award shall be the wages prescribed in subclause (2) of this clause.




day week) 66.50 Motor truck drivers on sanitary work.... 79.70" Motor vehicle driver on liquid sullage

work shall be paid $4.00 per week in addition to the appropriate vehicle drivers rate in (b) and (c) hereof.


Horse drivers on sanitary work 73.10 Assistants on rubbish or dust lorries or

trucks 68.20 (b) (i) Motor Vehicle Drivers—

Not exceeding 25 cwt. capacity... 71.80 Exceeding 25 cwt. but not ex-

ceeding 3 tons capacity 73.70 Exceeding 3 tons but under 6

tons capacity 75.60 6 tons and over but under 7 tons

capacity 76.00 7 tons and over but under 8 tons

capacity 76.80 8 tons and over but under 9 tons

capacity 77.10 9 tons and over but under 10

tons capacity 77.50 10 tons and over but under 11








tons capacity 80.70






23 tons and over (ii) Driver of motor vehicle (not being

a tractor) drawing a trailer: For a loaded single-axle trailer—48 cents per day extra, or for an empty single-axle trailer—26 cents per day extra. For any other loaded trailer—62 cents per day extra, or for any other empty trailer—34 cents per day extra.

























tons capacity 33 tons and over

(iv) Driver of Machinery Float— Not exceeding 9 tons capacity ....





























(c) Machine Drivers— Operator—powered roller under 8

tons 74.20 Operator—powered roller 8 tons and

over 77.30 Operator—powered vibrating roller

under 4 tons 74.20 Operator—powered vibrating roller 4

tons and over 77.30 Operator—powered road roller

pneumatic tyred under 8 tons 74.20 Operator—powered road roller

pneumatic tyred 8 tons and over.... 77.30 Operator—tractor—pneumatic tyred

without power operated attachments— (i) Classes 1 and 2 72.30


(iii) Over class 6 Operator—tractor—pneumatic tyred


(ii) Classes 3, 4, 5 and 6 (not including tilting or one man hitch trailer) ;...




(ii) Classes 4 and 5 (iii) Class 6 and over

Operator crawler tractor with power operated attachments— (i) Classes 1 and 2

(ii) Classes 3 and 4 (iii) Classes 5 and 6 (iv) Over class 6


(ii) Grader—power operated below 50 nett engine horsepower

(iii) Grader—power operated 50 to 100 nett engine horsepower

(iv) Grader—power operated above 100 nett engine horsepower

Operators—Trenching Machines—_ (i) Operator—trenching machine

of the small Ditch-Witch type. (ii) Operator—trenching machine,


(iii) Operator—trenching machine ladder type, depth greater than 5 feet up to 8 feet and width above 12 inches up to 18 inches and bucket wheel trencher with equivalent capacity in cubic yards per hour

Operators—Scrapers— (i) Self powered scraper up to



Operators—Excavators— (i) Up to and including 5/8 cubic



Operators—Mobile Cranes— (i) Up to and including 8 tons







130 brake horsepower


(iv) Over 130 brake horsepower Provided that the

aforementioned brake horsepower ratings shall relate only to the prime motive engine of the equipment.

Operators—Loaders—Front End and Overhead: The appropriate tractor rate except that crawler tractor front end loaders are to be classified by using the weight of the tractor including the loader attached in lieu of the bare shipping weight.



Air compressor operator Operator—mechanical bucket type


Men operating steam cleaner Gully hole eductor operator assistant Garage assistant Operator of levelling and finishing

unit (Barber Green) (d) Gardeners—

Propagator Nurserymen, first class gardeners ap-







(f) Drainage Workers— Pipe layer and jointer and setter Timberman Others

(g) Quarrymen— Shot firer Crusher feeder Jackhammerman Man barring down Spaller Plant attendant Man filling wagon under bin Jumperman or hammer and drillman Machine borer



paths

Dragmen Topmen weighing metal and






Sealing iron operator Operator of metal spreading machine Impactor operator

(i) Kerb and Path Hands— Wood kerber Gravel and stone lump kerb layers.... Concrete slablayer Concrete kerb layer Concrete finisher Concrete slab, kerb makers Concrete screed hands, slab and kerb

layers' assistants Workers mixing, wheeling and

packing concrete (including mixing machine)

(j) Road Workers and Depot Hands— Road workers and depot men Hammer and gadmen, breaking up

roads and footpaths Knappers on roads or footpaths Spallers on roads or footpaths


truck (1) Scoopmen—

Mechanically hauled scoop (m) General—

Sand and/or gravel pitman Axeman Broad axeman Jackhammerman and pneumatic

drillman Nightwatchman Tree fallers (native trees) Sprayers or fumigators of noxious

weeds and/or pests, vermin, mosquitoes or ants or workers employed in destroying blackberry bush and boxthorn— (i) Hand operated

(11) Power operated Storeman Road marker

(n) Grave Diggers and Exhumations— Grave diggers



(ii) In the case of two or more workers being required to perform the task or tasks referred to in subclause (i) hereof the amount of


twelve dollars shall be equally divided amongst the workers so engaged.

(o) Vermin Inspector (where this work is not carried out by an officer) 70.00

(p) Electricity or Gas Workers— Assistants employed in electricity or

gas undertakings 62.90 (q) Sinking and/or Repairing Wells—

Well sinker 62.90 Erecting and/or repairing windmills .. 73.40 Winch drivers 74.70

(r) Water Board Workers— Maintenance men driving truck 75.60 Maintenance men 72.30 Meter repairer 72.90 Meter repairer and maintenance men 72.90

(s) Male Attendants at Caravan Com- pounds and Camping Areas 71.10

(t) Bridge and Culvert Workers— Bridge carpenter 78.90 Bridge carpenter's assistant 71.10

(u) Workers not elsewhere Classified 62.90 (3) lor the purposes of paragraph (c) of subclause (2)

of this clause— (a) Crawler tractors are classified in accordance

with Australian Standard D4-1964 "Class- ifications of Crawler Tractor by Weight" as follows:—

Class Shipping Weight—pounds. 1 Up to 3,000. 2 Over 3,000 up to 6,000. 3 Over 6,000 up to 10,000. 4 Over 10,000 up to 15,000. 5 Over 15,000 up to 25,000. 6 Over 25,000 up to 40,000. 7 Over 40,000 up to 60,000. 8 Over 60,000 up to 80,000. 9 Over 80,000.

(b) Pneumatic tyred tractors up to 230 power take off h.p. are classified as follows:—

Class Power Take-Off Horse Power.

1 Up to 15. 2 Over 15 up to 25. 3 Over 25 up to 35. 4 Over 35 up to 45. 5 Over 45 up to 60. 6 Over 60 up to 80. 7 Over 80 up to 100. 8 Over 100.

(c) Pneumatic tyred tractors over 230 power take off h.p. arc classified as indicated in the margins table of this clause.

(d) Self propelled rollers are classified by weight complete including maximum ballast.

(e) Mobile cranes constructed as an attachment to or modification of a tractor, fall into the appropriate group for the tractor with power operated attachments. Mobile cranes are defined as those mounted on a specially de- signed chassis or a lorry and capable of load manipulation slewing, and travelling under their own power.

(f) Back hoe when attached to a tractor shall be considered as a power operated attachment to the tractor.

28.—Long Service Leave. The Long Service Leave provisions set out in Volume 50

of the Western Australian Industrial Gazette at pages 16 to 21, both inclusive, are hereby incorporated in and form part of this award.

29.—Piecework. (1) An employer may make a contract with any worker

or group of workers for payment by results by piecework. (2) The rate of payment shall be fixed on the basis that

it shall be sufficient to yield to a worker of average capacity for a full week's work of the ordinary hours at least ten per cent, above the minimum time rate of pay as prescribed herein for such week's work.

(3) A worker working under any system of payment by result shall receive at least the time rate of pay as prescribed herein.

(4) Any dispute under this clause shall, in default of agreement between the employer and his workers or the employer and the union, be referred to the Board of Refer- ence for determination.

30.—Posting of Award. The accredited union representative shall not be pre-

vented from posting a copy of this award or any notice of the union, not exceeding fourteen inches by nine inches, in a suitable place agreed upon between the employer and the union. Failing agreement in this connection, the Board of Reference shall decide where the copy of the award or the said notice shall be posted.

31.—Working in Isolated Places. An operator of mechanical equipment, other than motor

vehicles and road rollers shall not be required to work alone in isolated places on construction work.

32.—Vehicle Allowance. A worker required by and authorised by his employer to

use his own motor vehicle in the course of his duties shall be paid an allowance not less favourable than that prescribed in the Local Government Officers (Western Aus- tralia) Award, 1970, as amended.


reduce the wage of any worker who at the date hereof was being paid a higher rate of wage than the minimum prescribed for his particular class of work.

34.—District Allowances. In addition to the wages prescribed in clause 27 of this

award, the following allowances shall be paid by the various respondents:—

A worker shall be entitled to one-fifth of the weekly allowance for each day worked.

$ Shire of Bvoome 9.00 Shire of Carnarvon 4.50 Shire of Cue 0.75 Shire of East Pilbara 9.00 Shire of Esperance 0.75 Sbire of Exmouth 9.00 Shire of Hall's Creek 10.00 Shire of Laverton 1.35 Shirs of Leonora 0.75 Shire of Meekatharra 1.35 Shire of Menzies 0.75 Shire of Mount Magnet 0.75 Shire of Murchison 1.35 Shire of Port Hedland 9.00 Shire of Ravensthorpe 0.75 Shire of Roebourne 9.00 Shire of Sandstone 0.75 Shire of Shark Bay 1.35 Shire of Upper Gascoyne 4.50 Shire of West Kimberiey 9.00 Shire of West Pilbara 9.00 Shire of Westonia 0.75 Shire of Wiluna 1.35 Shire of Wyndham-East Kimberiey 10.50 Shire of Yalgoo 0.75 Shire of Yilgam 0.75


Schedule A—Respondents. Carnarvon Municipal Council. Shire of Ashburton. Shire of Broome. Shire of Cue. Shire of Esperance. Shire of Hall's Creek. Shire of Laverton. Shire of Leonora. Shire of Marble Bar. Shire of Meekatharra. Shire of Mount Magnet. Shire of Murchison. Shire of Nullagine. Shire of Phillips River. Shire of Port Hedland. Shire of Roebourne. Shire of Sandstone. Shire of Shark Bay. Shire of Tableland. Shire of Upper Gascoyne. Shire of West Kimberley. Shire of Westonia. Shire of Wiluna. Shire of Wyndham. Shire of Yalgoo. Shire of Yilgarri.

MUNICIPAL EMPLOYEES, (Show Grounds

Maintenance Workers.)




Boards, Parks and Race Course Employ- ees' Union of Workers, Perth, Applicant, and Royal Agricultural Society of Western Australia (Incorporated), Respondent.

HAVING heard Mr. G. H. Dench on behalf of the applicant and Mr. C. D. Lambert on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The West- ern Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Municipal Employees (Show Grounds Maintenance Workers) Award No. 55 of 1968, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. (1) Clause 2.—Arrangement: Delete from this clause the

number and title: 27A.—Minimum Wage.

(2) Clause 27.—Wages: Delete paragraphs (c) to (e) inclusive of subclause (2) of this clause and insert in lieu thereof:—

(c) Gardeners— $ Propagator 28.50 Nurserymen, first class gardeners ap-

pointed as such by the employer and street tree pruners 27.10

Gardeners planting out and attending flower beds and assisting nurserymen... 19.80

Hand power motor mower 19.80 Hand rotary hoe and operators of other

machines 19.80 Sprayers or fumigators of noxious weeds

and/or pests, vermin, mosquitoes or ants or workers employed in destroying blackberry bush or boxthorn— (i) Hand operated 27.80

(ii) Power operated 29.40 (d) General—

Track hands 19.80 Machine man (jackhammer) 27.10 Concrete slab layer 30.70 Concrete kerb layer 30.70 Concrete finisher 31.80 Others 19.80

(e) Notwithstanding anything else contained in this Award if the Western Australian Industrial Com- mission should prescribe a basic wage generally or in any district differing in amount from that now prescribed, namely $44.00 per week for adult males, then the margins prescribed in this clause shall be increased or decreased as the case may be to the same extent as the present basic wage may be increased or decreased by that Commission as aforesaid so that the total rates so prescribed shall remain constant.

(3) Clause 27A.—Minimum Wage: Delete this clause from the award.

MUNICIPAL EMPLOYEES. (Sporting Grounds

Maintenance Workers.)



No. 1158 of 1973. Between Western Australian Municipal Road

Boards, Parks and Race Course Employ- ees' Union of Workers, Perth, Applicant, and W.A. Turf Club and others, Respond- ents.

HAVING heard Mr. G. H. Dench on behalf of the applicant and Mr. C. D. Lambert on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The West- ern Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in


section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Municipal Employees (Sporting Grounds Maintenance Workers) Award No. 71 of 1948, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


[L.S.] (Sgd.) D. CORT,

Commissioner.

Schedule. 1. Clause 2.—Arrangement: Delete from this clause the

number and title:— 27A.—Minimum Wage.

2. Clause 27.—Wages: Delete paragraphs (c) to (m) inclusive of subclause (2) of this clause and insert in lieu:—

$ (c) Ploughmen (not drivers)—when ploughing

with tractor or truck 19.80 (d) Scoopmen—mechanically hauled scoop or

grader 18.90 (e) Gardeners—

Propagator 28.50 Nurserymen, first class gardeners ap-

pointed as such by the employer and street tree pruners 27.10

Gardeners planting out and attending flower beds and assisting nurserymen... 19.80

Hand power motor mower 19.80 Hand rotary hoe and operators of other

mac.hines 19.80 Tree fallers (native trees) 19.80 Turf wicket keepers 30.70

(f) Track hands (W.A. Turf Club) 19.80 Mobile starting gate attendants (W.A. Turf

Club) 27.10 (g) Others (excluding caretakers) 19.80 (h) Sprayers or fumigators of noxious weeds

and/or pests, vermin, mosquitoes or ants or workers employed in destroying blackberry bush or boxthorn—

(i) Hand operated 27.80 (ii) Power operated 29.40

(i) Axeman 18.90 (j) Machine man (jackhammer) 27.10 (k) Concrete slab layer 30.70

Concrete kerb layer 30.70 Concrete finisher 31.80

(1) Nightwatchmen 18.90 (m) Notwithstanding anything else contained in this

award if the Western Australian Industrial Com- mission should prescribe a basic wage generally or in any district differing in amount from that now prescribed, namely $44.00 per week for adult males, then the margins prescribed in this clause shall be increased or decreased as the case may be to the same extent as the present basic wage may be increased or decreased by that Commission as aforesaid so that the total rates so prescribed shall remain constant.

3. Clause 27A.—Minimum Wage: Delete this clause from the award.

NURSES. (Dentists Surgeries.)



No. 982 of 1973. Between the Royal Australian Nursing Feder-

ation (Western Australian Branch) Indus- trial Union of Workers, Perth, Applicant, and Messrs R. A. Warman, E. A. Adler and others, Respondents.

HAVING heard Mr. M. A. Jahn on behalf of the applicant and Mr. G. R. Gillies on behalf of the respondents, I, the undersigned, Com- missioner of The Western Australian Industri- al Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Nurses' (Dentists Surgeries) Award No. 20 of 1965, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the date hereof.


(Sgd.) J. R. FLANAGAN, IL.S.l Commissioner.

Schedule. Clause 7.—Wages: Delete this clause and insert in


The minimum wage per week payable to workers under this award shall be:—

Per week

$ 1st year of service 71.19 2nd year of service 73.38

The rates of wage prescribed herein shall be varied to the extent of any addition to or subtraction from the basic wage fixed from time to time for males by the Western Australian Industrial Commission and which on the date of this order is $44.00 per week.


NURSES. (Doctors Surgeries.)




ation (Western Australian Branch) Indus- trial Union of Workers, Perth, Applicant, and Dr. Roland Nattrass, South of Perth Clinic and others, Respondents.


That the Nurses' (Doctors' Surgeries) Award No. 21A of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the date hereof.





The minimum rates of wages payable to workers covered by this award shall be as follows:—

Per week.

$ (1) Nurse with less than 1 year's experience 85.80 (2) Thereafter 89.10 The rates of wage prescribed herein shall be varied to

the extent of any addition to or subtraction from the basic wage fixed from time to time for males by the Western Australian Industrial Commission and which on the date of this order is $44.00 per week.

NURSES. (Home of Peace.)


NURSES. (Dentists Surgeries.)


NURSES. (Private Hospitals.)


NURSES. (Doctors Surgeries.)

Award No. 21A or 1962.

NURSES. (Silver Chain.)


NURSES. (Independent Schools.)

Award No. 21B of 1962.


Application Nos. 981, 932, 983, 988, 1020 and 1023 of 1973.

Between the Royal Australian Nursing Feder- ation (Western Australian Branch) Indus- trial Union of Workers, Perth, Applicant, and 981/73—Homes of Peace Incorporated, 982/73—R. A. Warman E. A. Adler and others, 983/73—Alfred Carson Hospital and others, 988/73—Dr. Roland Nattrass and others, 1020/73—Silver Chain Nursing Associ- ation Inc. 1023/73—Scotch College and others, Respondents.

Before Mr. Commissioner J. R. Flanagan. The 11th day of October, 1973.

Mr. M. A. Jahn on behalf of the applicant. Mr. G. R. Gillies on behalf of the respond-

ents.

Judgment. THE COMMISSIONER: These are applications by the Royal Australian Nursing Fed- eration (Western Australian Branch) Industri- al Union of Workers to amend and consolidate the Nurses' (Private Hospitals) Award No. 1 of 1966 and the Nurses' (Home of Peace) Award No. 28 of 1963 and to amend the Nurses' (Dentists Surgeries) Award No. 20 of 1965; the Nurses' (Doctors Surgeries) Award No. 21A of 1962; the Nurses' (Silver Chain) Award No. 14 of 1965 and the Nurses' (Inde- pendent Schools) Award No. 21 B of 1962.

The primary purpose of the applications is in respect of a claim to increase the wage rates


for all nursing classifications in the aforementioned awards following recent increases to rates in the Nurses' (Public Hospi- tals) Award No. 6 of 1968. Since December, 1971 the wage rates for nurses in the Public Hospitals Award in this State have been linked at a level of parity with the rates prescribed for nurses under the Victorian Wages Board Determination. On the 27th July, 1973 the Nurses' (Public Hospitals) Award was amended and consolidated by consent and rates of pay were thereby increased by 10 per cent.

In those proceedings Mr. Johnson, for the Minister for Health, said:—

"the origin of these rates ... is the new Victorian Wages Board Determination . . . the agreement ... in Victoria is for a period of 18 months from the 1st July, 1973 and that agreement involves an increase in rates of pay on 1st July of 10 per cent and a further increase as from 1st March, 1974 of 7 per cent and rather than worry about the problems of drafting for the 7 per cent adjustment to be made in March of next year we felt that perhaps it could best be handled by way of reference in this transcript to the fact that it is the intention of the parties to apply the rates as they will apply in Victoria as from 1st March, 1974 to the workers under this award from the same date, and it is the intention, we understand, of the parties in Victoria, that the agreement will stand for the full period of eighteen months, and it is the intention of the parties in this State to have a similar agreement, so that the rates of pay in the award will be varied only in respect of movements of the basic wage in this State, and the 7 per cent adjustment in March of next year."

The question of relating rates of pay for nurses employed in the private sector with those prescribed for nurses employed in public hospitals was the subject of consideration and determination by this Commission first in 1969 and subsequently in 1970 and the decisions thereon confirmed an historical relationship in that, in the words of Mr. Jahn for the Nursing Federation:—

"the Nurses' (Public Hospitals) Award in this State has been the yardstick for other rates in the private sectors being set at varying degrees of the rates prescribed in that Award ..."

The respondents, whilst acknowledging this fact, argued that the nexus should now be broken on the ground that nursing homes which comprise the bulk of respondents to the Private Hospitals Award are, upon a comparison with the situation in Victoria, economically disadvantaged in respect of patient

subsidies payable under the National Health Act.

A copy of Nursing Homes (Participating) Circular No. 1, entered as an exhibit, sets out the scale of new benefits and standard fees for "ordinary care patients" and "intensive care patients" which have been fixed to apply in the various States as from January, 1973. Whereas the additional "new benefit" for Vic- toria is $22.40 the new benefit fixed for West- ern Australia is $11.20 with the standard fee being fixed at $64.90 and $53.70 per week respectively for ordinary care patients and in the case of intensive care patients at $85.90 and $75.20 This variation in nursing home fees was said to result from "surveys of hospitals involving bed occupancy, size, wage rates" and "resource commitments". Such fees, upon application by the proprietor of a nursing home pursuant to Section 40 A.D. of the National Health Act 1972, are however subject to alteration by the Director General.

This provision for the redress of the level of fees, albeit dependent on the merits of the application, considerably lessens the force of the respondents' argument of being economically disadvantaged in the event of a wage increase.

I have not been persuaded, therefore, to disturb the previously established relationship and the application to vary the existing rates in the Private Hospitals award so as to maintain that relationship with the Public Hospi- tals Award will be granted.

The classification of "Registered Mother- craft Nurse" will be included in the wages schedule there being no objection in substance by the respondents to this aspect of the claim.

As mentioned earlier the parties to the Public Hospitals Award have confirmed their agreement to effect a further 7 per cent increase to rates in that award to operate as from 1st March, 1974 and in these proceedings the applicant urged the adoption of a proposal to prescribe in the awards under review that the rates of wage than applicable on the 1st March 1974 in those awards should be sim- ilarly increased.

Whilst appreciating the applicant's view- point in the making of a further application in respect of an additional increase, I am not dis- posed in the light of the respondents' objection to so prescribe and any adjustment to these awards, which may be considered necessary in the future, will be considered upon the appropriate applications being made.

I turn now to consider those remaining matters on which the parties are at variance which relate to the expression of the appropriate level of rates and the objections


on behalf of respondents to the Nurses' (Inde- pendent Schools) Award No. 21B of 1962 to increase rates of pay in that award.

On the question of the formula to be applied in calculating wage rates the applicant suggested that, notwithstanding the specific reference to "salaries" being varied to accord with movements in the basic wage as fixed from time to time, for the purpose of maintaining a proper relativity throughout with rates in the public hospitals award it would be necessary, at this point of time, to apply the increase awarded in the National Wage Case of 2 per cent plus $2.50 to existing rates and to then apply a 10 per cent increase.

Although it may appear that this method of calculation is inconsistent with the fixation of a rate which should only be varied in consequence of movements in the state basic wage the overriding consideration, in my view, is the avoidance of distortions in the established relativities and accordingly the rates in these applications will be fixed on the basis of those sought by the applicant.

In respect of independent schools, the argument centred on the Report of the Austra- lian Schools Commission being in similar vein to that advanced in respect of nursing homes to the extent of the submission that "independent schools in Western Australia are perhaps in a similar category to nursing homes in that they are going to be substantially restricted in forms of their operation by legislation elsewhere".

Mr. Gillies submitted it was essential for independent schools to keep operating costs at a level which would ensure a continuing entitlement to "a per capita subsidy from the Commonwealth" and to this end any proposed wage increase should be carefully considered by the Commission.

In weighing this submission against the claim that a general increase to nurses employed in public hospitals should be reflected in all other areas in which nurses are engaged I am unable to conclude that an exception should be made to the relative few who are employed by independent schools and the claim will therefore be granted.

The schedules of the proposed amendments and consolidation of awards will now issue.

Orders Accordingly

NURSES. (Homes of Peace.)




ation (Western Australian Branch) Indus- trial Union of Workers, Perth, Applicant, and Homes of Peace Incorporated, Re- spondent.

HAVING heard Mr. M. A. Jahn on behalf of the applicant and Mr. G. R. Gillies on behalf of the respondent, I, the undersigned, Com- missioner of The Western Australian Industri- al Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Nurses' (Home of Peace) Award No. 28 of 1963, as amended, be and the same is hereby further amended and consolidated in accordance with the following schedule and that such amendment shall take effect as from the date hereof.



1.—'Title. This award shall be known as the Nurses' (Home of

Peace) Award. 2.—Arrangement.

1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Relieving. 8. Hours. 9. Overtime.

10. Annual Leave. 11. Sick Leave. 12. Contract of Service. 13. Laundry and Uniforms. 14. Time and Wages Book. 15. Interviews. 16. Rosters. 17. Night Duty. 18. Living Allowance. 19. Meal and Meal Hours. 20. Board of Reference. 21. Salaries. 22. Part-Time Workers. 23. Long Service Leave. 24. Preference. 25. Payment of Salaries. 26. Shiftwork.


3.—Scope. This award shall apply to all nurses in the employ of

the respondent. 4.—Area.

This award shall operate over the area comprised within a radius of fifteen miles from the General Post Office, Perth.

5.—Term. The term of this award shall be for a period of three

years from the beginning of the first pay period commencing after the 8th day of November, 1963.

6.—Definitions. "Nurse"—a person who is registered or entitled to be

registered in Western Australia under the Nurses' Act 1968.

"Matron"—a person appointed by the employer as head of nursing services.

"Deputy Matron"—a person appointed by the employer to assist the Matron and to deputise for her in her absence.

"Senior Nurse"—a person appointed by the employer to carry out duties beyond those assigned to a nurse as defined.

"The Federation" means the Royal Australian Nursing Federation (Western Australian Branch) Industrial Union of Workers, Perth.

7.—Relieving. A worker who performs the duties of a worker on a

higher classification than herself for a period of one week shall receive the minimum wage of such higher classification as from the beginning of such period of relieving.

8.—Hours. (1) The ordinary working hours shall be forty hours per

week, or eighty hours per fortnight at the option of the employer and exclusive of meal hours.

(2) All workers shall be entitled to two days off each week or four days off each fortnight at the option of the employer at a time to suit the convenience of the employer.

(3) Any worker who is not on duty and elects to remain on the employer's premises shall not be paid for such time.

(4) A worker recalled for duty outside her normal working hours shall be paid a minimum of two hours' pay.

9.—Overtime. All time worked in excess of ordinary working hours as

prescribed in clause 8 shall be paid for as hereunder:— (1) Time and one half for the first four hours when

working forty hours per week. (2) Time and one half for the first eight hours when

working eighty hours per fortnight. (3) All overtime worked in excess of that prescribed

in paragraph (1) and (2) hereof shall be paid for at the rate of double time.

10.—Annual Leave. (1) Except as hereinafter provided each worker covered

by this award shall be enitiled to six weeks' leave on full pay for each twelve months of continuous service.

(2) A worker with more than one month's service who resigns or whose employment is terminated by the employer through no fault of the worker, shall be entitled to pro rata payment for annual leave in the proportion that her completed months of service bear to twelve months, but no such payment shall be made for any period of service in respect of which leave has already been granted or paid for.

(3) (a) Leave shall be paid for in advance at the rate of salary the worker is receiving at the time of taking such leave.

1463

(b) Leave shall be given as soon as practicable after falling due. The leave of a nurse shall not accumulate except with the consent of the nurse, and in no case shall it accumulate for more than two years.

(4) Any time in respect of which a worker is absent from work except time for which she is entitled to claim sick pay or time spent on annual leave as prescribed by this award shall not count for the purpose of determining her right to annual leave.

(5) A worker who is justifiably dismissed for misconduct shall not be entitled to the benefits of the provisions of this clause.

(6) In special circumstances and by mutual consent of the employer, the worker and the Federation, annual leave may be taken in not more than two periods.

(7) Annual leave may be granted— (a) at the option of the employer, in two periods; (b) by mutual consent of the employer and the work-

er, in three periods, provided that no period shall be less than one week.


attendance on the ground of personal ill-health for one- sixth of a week for each completed month of service. Pro- vided that payment for absence through such ill-health shall be limited to two weeks in each calendar year. Pay- ment hereunder shall be adjusted at the end of each calendar year, or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act.

(b) A worker shall not be entitled to receive any wages from her employer for any time lost through the result of an accident not arising out of or in the course of her employment, or for any accident wherever sustained, arising out of her own wilful default, or for sickness arising out of her own wilful default.

(c) No worker shall be entitled to the benefits of this clause unless she produces proof satisfactory to her employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for three days or more.

(d) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (a) of this clause which has not been allowed in any year to any worker by her employer as paid sick leave may be claimed by the worker, and subject to the conditions hereinbefore prescribed, shall be allowed by her employer in any subsequent year without diminution of the sick leave prescribed in respect of that year.

(e) Notwithstanding the provisions of subclause (c) hereof a worker who in any calendar year has already been allowed paid sick leave shall not be entitled to payment for any further absence unless she produces to the employer a medical certificate stating that she was unable to attend for duty on account of personal ill-health.

(2) Workers in the employ of the respondent at the date of this award shall be allowed an initial credit as at that date as follows less any sick leave taken during the period referred to—

(a) with six months' but less than one years' service, two weeks;

(b) more than one year but less than two years' service, four weeks;

(c) more than two years' service, six weeks. 12.—Contract of Service.

Except in the case of casual or part time workers, two weeks' notice on either side given on any day shall be necessary to terminate the engagement.

If the required notice is not given two weeks' wages shall be paid by the employer or forfeited by the worker.

1464

13.—Laundry and Uniforms. (1) Each worker shall be entitled to all reasonable laun-

dry work at the expense of the employer, but where the uniform of a worker cannot be laundered at the hospital, an allowance of sixty cents per week shall be paid to the worker.

(2) Uniforms: The employer shall pay an allowance of one dollar per week, provided that the worker conforms to the uniform stipulated by the employer regarding material, colour, pattern and condition.

14.—Time and Wages Book. (1) A time book shall be open for inspection at all rea-

sonable times by the Federation Secretary, or her nominee, appointed in writing under the seal of the union. Each worker must record in such book the exact time on which she starts and finishes duty on each day and also time booked off for meals.

(2) The salary sheets shall, upon reasonable notice being given, be open for inspection at the office of the respondent by the Federation Secretary or her nominee appointed as aforesaid.

(3) Any system of automatic recording by means of a machine shall be deemed a compliance with the provision of subclause (1) so far as the particulars actually recorded are concerned.

15.—Interviews. The Federation Secretary shall be entitled to interview

members of the Federation on the employer's premises at reasonable times.

16.—Rosters. A roster of the working hours and days shall be exhib-

ited in such place as it may conveniently and readily be seen by each worker concerned.

17.—Night Duty. Unless agreed to the contrary by the nurse concerned,

the maximum period for which a nurse shall be obliged to work night duty continuously shall be three months. Thereafter, a nurse shall not be required to work continuous night duty until after a period of three months' day work.

18.—Living Allowance. (1) (a) Where board and lodging are provided the em-

ployer shall be entitled to deduct from the wages of the worker an amount of fifteen dollars per week.

(b) In all cases, the ratio of the value of board to that of lodging in the board and lodging allowance shall be two to one.

(2) An accredited representative of the Federation shall be entitled to inspect such food and accommodation at reasonable times.

(3) Where workers who are living out are provided with meals by the employer, deduction shall be made from their wages at the rate of one twenty-first of the allowance for board in accordance with paragraph (b) of subclause (1) of this clause, for each meal so provided.

(4) When nursing staff are required to share rooms they shall pay half of the prescribed lodging allowance in accordance with paragraph (b) of subclause (1) of this clause.

19.—Meals and Meal Hours. (1) At least half an hour shall be allowed for breakfast,

dinner (mid-day or evening meal) and tea, or luncheon. (2) Morning and afternoon tea shall be provided by the

employer. The time allowed for such break shall not exceed seven minutes which shall be taken when convenient to the employer, without deduction of pay for such time.

20.—Board of Reference. (1) The Commission appoints for the purposes of the

award, a Board or Boards of Reference. Each Board shall consist of a Chairman and two other representatives, one

to be nominated by each of the parties. There are assigned to each such Board in the event of no agreement being arrived at between the parties to the award, the functions of—

(a) adjusting any matters of difference which may arise between the parties from time to time, except such as involve interpretation of the provisions of the award, or any of them;

(b) deciding any other matters that the Commission may refer to such Board from time to time.

(2) An appeal shall lie from any decision of such Board in the manner and subject to the conditions prescribed in the regulations to the Industrial Arbitration Act, 1912- 1971, which for this purpose are embodied in this award.

21.—Salaries. (1) Salaries shall be paid at least twice per calendar

month or fortnightly at the option of the employer, provided that by agreement between the employer and the worker concerned, the salary may be paid once per calendar month.

Per Week

$ (2) (a) Registered General Nurse:

1st year of experience 93.60 2nd year of experience 97.00 3rd year of experience 99.20 4th year of experience 101.50 Thereafter 103.50

(b) Senior Nurse 113.80 (c) Deputy Matron—

(i) Where daily bed average is under 251 141.90

(ii) Where daily bed average is 251 or over 147.50

(d) Matron— (i) Where daily bed average is under

251 169.90 (ii) Where daily bed average is 251 or

over 181.20 The salaries prescribed herein shall be varied to the ex-

tent of any addition to or subtraction from the basic wage fixed from time to time for males by the Western Austra- lian Industrial Commission and which on the date of this order is $44.00 per week.

Note: Experience for the purpose of subclause (2) of this clause shall mean experience at any registered hospital as a registered nurse. Provided that the employer shall not be required to accept all or any of such experience up to the time of engagement when fixing a workers rate of wage, but shall from then on advance the workers rate of wage in accordance with the scale in subclause (2) of this clause. In the event of a dispute between the employer and the Federation in relation to the foregoing, the matter shall be referred to the Board of Reference for determination.

22.—Part-time Workers. Notwithstanding anything herein contained, an employ-

er shall be at liberty to regularly employ part-time workers at the rate of one-fortieth of the appropriate weekly rate for each hour worked. Such workers shall be entitled to pro rata payment for annual and sick leave.

23.—Long Service Leave. (1) Subject to the conditions hereinafter prescribed, all

workers covered by this award shall become entitled to thirteen weeks' long service leave on full pay or twenty-six weeks' long service leave on half pay—

(a) after a period of ten years' continuous service in a full-time capacity; and

(b) after a further period of ten years' continuous service in a full-time capacity; and

(c) after each further period of seven years' continuous service in a full-time capacity.


(2) (a) For the purpose of this clause, "service" means service as an employee of the respondent to this award, and shall be deemed to include—

(i) absence of the worker on annual leave or public holidays;

(ii) absence of the worker on paid sick leave; (iii) absence of the worker on approved sick leave

without pay, but not exceeding six weeks in any year after 1.7.57 and not exceeding two weeks in any year before that date;

(iv) absence of the worker on approved leave without pay, other than sick leave without pay, but not exceeding two weeks in any qualifying period;

(v) absence of the worker on National Service or other military training, but only if the difference between the worker's military pay and civilian pay is made up or would, but for the fact that her military pay exceeds her civilian pay, be made up by her employer; and

(vi) absence of the worker on workers' compensation for any period not exceeding six months or for such greater period as the employer may allow.

(b) The service of a worker shall be deemed not to include—

(i) services of the worker prior to 1st December, 1947;

(ii) service of the worker after the day on which she has become entitled to twenty-six weeks' long service leave until the day on which she completes the taking of that leave;

(iii) any period of service of less than twelve months; (iv) absence of the worker on long service leave; or (v) any other absence of the worker except such

absences as are included in service by virtue of paragraph (a) of this subclause.

(3) Application for leave without pay must be made before the commencement of the absence in respect of which leave is sought unless the cause of the absence occurs after the worker was last on duty, in which case application must be made not later than fourteen days after the day on which the worker resumes work.

(4) (a) Long Service Leave shall be taken at a time convenient to the employer, but not less than thirty days' notice shall be given to each worker of the day on which her leave is to commence, except in cases where the worker and the employer agree to a lesser period of notice, or in other exceptional cirumstances.

(b) All complete periods of leave must be taken before the day on which a worker is compulsorily retired.

(5) Any public holiday occurring during a worker's absence on long service leave shall be deemed to be portion of her long service leave and extra days in lieu thereof shall not be granted.

(6) A worker who has become entitled to_ long service leave in accordance with subclause (1) of this clause and whose employment is ended before that leave is taken, shall be granted payment in lieu of that leave, unless she has been dismissed for an offence committed prior to the day on which she became entitled to that leave, in which case no such payment shall be made.

(7) If a worker who has become entitled to long service leave in accordance with subclause (1) of this clause, dies before taking that leave, payment in lieu of that leave shall be made to the worker's estate.

(8) If the employment of a worker ends before she has completed a full qualifying period in accordance with subclause (1) of this clause, payment in lieu of long service leave proportionate to her length of service shall not be made unless—

(a) she has completed at least three years' continuous service and her employment has been ended by her employer for reasons other than misconduct or unsatisfactory service; or

(b) she is not less than sixty years of age and resigns, but only if she has completed not less than twelve months' continuous service prior to the day from which her resignation has effect; or

(c) she has completed not less than twelve months' continuous service and her employment is ended by her employer on account of incapacity due to old age, ill health or the result of an accident' or

(d) the worker dies after having served continuously for not less than twelve months next before her death and leaves a widower, children, mother or invalid sister who were dependent on her, in which case such payment shall be made to such widower or other dependant. In this paragraph the masculine gender shall be deemed to include the feminine gender.

(9) (a) Subject to the provisions of this subclause and to those of subclause (1), a worker shall be paid during long service leave at her permanent classified rate of pay.

(b) If a worker has been employed in one or more posi- tions each of which carries a higher rate than her permanent classified rate, for a continuous period of twelve months ending not earlier than two weeks before the day on which she commences long service leave, the rate which she has received for the greatest proportion of that twelve month period shall for the purpose of this subclause, be deemed to be her permanent classified rate of pay.

(c) If any variation occurs in the rate of wage applicable to a worker during any period when she is on long service leave, the worker's pay while she is on such leave shall be varied accordingly and if the worker has been paid in full for the leave before its commencement, payment shall be adjusted as soon as practicable after the worker resumes work.

24.—Preference.

(1) In this clause, the term "member" means a worker who is a financial member of the Federation.

(2) Subject to subclause (3) hereof workers who are not members shall within seven days of being supplied with the necessary application form for membership and a copy of this clause by an accredited representative of the applicant Federation, apply in the prescribed manner for membership and if accepted as a member maintain financial membership whilst employed by a respondent to this award. Workers who are unfinancial members of the Fed- eration shall become and maintain financial membership whilst employed by any respondent to the award.

(3) Exemptions— (a) Any worker may apply in writing to the Industri-

al Registrar, Industrial Commission, Perth, (whose decision shall be final) for exemption from this clause.

(b) An applicant for exemption shall detail in the application to the Industrial Registrar her reasons for desiring exemption, and such application shall only be valid and considered by the Indus- trial Registrar if it is forwarded by registered post within seven days of the applicant's receipt of the application for membership as prescribed subclause (2).

(c) The Industrial Registrar in the exercise of his discretion may grant exemption with such conditions as he deems desirable—

(i) If the applicant is a financial member of any other registered industrial union.

(ii) If the employee objects on the grounds of con- scientious religious belief to becoming a member of any industrial union, and—

(iii) for any other reason which the Industrial Regis- trar deems sufficient.


(d) A worker refused exemption by the Industrial Registrar shall within seven days of the decision make application for membership of the applicant Federation, and if accepted as a member, maintain financial membership whilst employed by a respondent to this award.

(4) Any worker whose application for membership of the Federation has been refused shall have the right of appeal to the Industrial Registrar whose decision on such matter shall be final. Such worker who has exercised her right of appeal shall, pending the decision of the Industrial Regis- trar, have the same rights under this clause as a member.

25.—Special Allowances. In addition to the salaries prescribed in this award, spe-

cial allowances as set out in this clause shall be paid to— Per

Week. $

(1) A worker on night duty for more than eight consecutive weeks or twelve weeks in broken periods in any one year of service from the beginning of the period 1.00

(2) (a) A worker who is required to remain on "close call" for duty and not allowed to leave the hospital precincts or her place or residence, the sum of $1.20 for each period in any twenty four hours she is so required, in addition to the wage to which she is otherwise entitled.

(b) A worker required to remain on "remote call" i.e. on call for duty and allowed to leave the hospital precincts or her place of residence, but so that she may be contacted, the sum of 80 cents for each period in any twenty four hours she is so required in addition to the wage to which she is otherwise entitled.

(c) A worker who is called back for duty shall be paid all reasonable expenses incurred in travelling.

(d) This subciause shall not apply to Matrons or Deputy Matrons.

(3) (a) A nurse holding a post graduate diploma obtained from a recognised college of nursing, university or college of advanced education and required in her employment.

Per Week

$ (i) six months' study 4.50

(ii) twelve months'study 7.50 (b) A nurse holding a post basic certificate

endorsed by the Nurses Board of W.A. and required in her employment.

Per Week

$ (i) six months' study 2.50

(ii) twelve months' study 3.50 26.—Shift Work.

(1) (a) Except as provided for in subciause (4) of this clause the loading on the ordinary rates of pay for an afternoon or night shift worked in ordinary hours shall be 712 per cent.

(b) For the purposes of this subciause an afternoon shift shall be one which commences between 12 noon and 6 p.m. and a night shift shall be one which commences between 6 p.m. and 4 a.m.

(c) The second portion of a broken shift where such second portion commences after 12 noon shall be regarded as an afternoon shift for the purposes of this subciause.

(2) (a) Except as provided for in subciause (4) of this clause all work performed during ordinary hours between midnight on Friday and midnight on Sunday shall be paid for at the rate of time and a half.

(b) The rates prescribed for in this subciause shall be in substitution for and not cumulative on the rates prescribed in subciause (1) of this clause.

(3) Where a worker's rostered hours of duty in any day are extended by an early start or a late finish the shift work or weekend rates as the case may be shall be paid for such additional time worked in addition to any overtime payable under clause 9 of this award.

(4) The provisions of this clause do not apply to Ma- trons and Deputy Matrons.

NURSES. (Independent Schools.)

Award No. 21B of 1962.



ation (Western Australian Branch) Indus- trial Union of Workers, Perth, Applicant, and Scotch College and others, Respond- ents.


That the Nurses' (Independent Schools) Award No. 21B of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the date hereof.





The minimum rate of wages payable to workers covered by this award shall be as follows:— Per

week. $

(1) Nurse with less than one year's experience after registration 85.80

(2) Thereafter 89.10 The rates of wage prescribed herein shall be varied to

the extent of any addition to or subtraction from the basic wage fixed from time to time for males by the Western Australian Industrial Commission and which on the date of this order is $44.00 per week.


NURSES. (Private Hospitals.)

Award No. 1 of 1966



ation (Western Australian Branch) Indus- trial Union of Workers, Perth, Applicant, and Alfred Carson Hospital and others, Respondents.


That the Nurses' (Private Hospitals) Award No. 1 of 1966, as amended, be and the same is hereby further amended and consolidated in accordance with the following schedule and that such amendment shall take effect as from the date hereof.


(Sgd.) J. R. FLANAGAN, [L-S.] Commissioner.

1.—Title. This award shall be known as the "Nurses' (Private

Hospitals) Award" and replaces award No. 8 of 1958 (as amended).

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Average Occupied Beds. 8. Hours. 9. Overtime.

10. Annual Leave. 11. Sick Leave. 12. Contract of Service. 13. Student Nurses. 14. Laundry and Uniforms. 15. Time and Wages Book. 16. Interviews. 17. Rosters. 18. Living Allowances and Accommodation. 19. Meal and Meal Hours. 20. Board of Reference. 21. Special Allowances. 22. Part-time Workers. 23. Casuals. 24. Other Provisions. 25. Long Service Leave. 32585-7

26. Award not to affect Present Wages and Privileges. 27. Relieving. 28. Wages.

*29. Preference. 30. Shiftwork.

Schedule of Respondents. * Denotes disputed clause.

3.—Scope. This award shall apply to all registered nurses and stu-

dent nurses in the employ of the respondents. 4.—Area.

This award shall have effect throughout the State of Western Australia excluding those areas occupied by the Ngal-a Mothercraft Home and Training Centre In- corporated and the Home of Peace Incorporated.

5.—Term. The term of this award shall be for a period of three

years as from the beginning of the first pay period commencing after the 22nd day of July, 1966.

6.—Definitions. "Assistant Matron" a registered general nurse appoint-

ed by the employer to assist the matron in the supervision and administration of a hospital.

"Charge Nurse" a registered general nurse appointed as such to be in charge of a ward, department or floor in a hospital.

"Clinical Instructor" a registered nurse appointed as such who is engaged full time in the instruction of student nurses or nurse aides in practical nursing.

"Deputy Matron" a registered general nurse appointed by the employer to assist in the administration of the hospital and deputise for the matron.

"Hospital Group A" means a general private hospital as defined in the Private Hospitals Regulations, 1970.

"Hospital Group B" means a nursing home as defined in the Private Hospitals Regulations, 1970.

"Matron" a registered general nurse appointed by the employer as head of nursing at a hospital.

"Night Nurse in Charge" the registered general nurse who is appointed as such to be in charge of a hospital at night.

"Nurse" a person who is registered or entitled to be registered in Western Australia under the Nurses Act, 1968.

"Nurse Educator" a registered nurse appointed as such holding a diploma of nursing or a qualification acceptable to the employer who is engaged full time in the education of student nurses and/or nursing aides.

"Principal Nurse Educator" a nurse educator appointed as such who is responsible for the administration of a School of Nursing and the overall planning, organising and implementation of a nursing education programme.

"Senior Nurse Educator" a nurse educator appointed as such who has special responsibilities related to a particular subject or group of students.

"Student Nurse" a pupil undergoing training in a registered training school.

"Training School" one which is registered as such under the Nurses Act, 1968.

"The Federation" means the Royal Australian Nursing Federation (Western Australian Branch) Industrial Union of Workers, Perth.

7.—Average Occupied Beds. (1) For the purpose of ascertaining the daily average of

occupied beds the average shall be taken for the six months ending 30th June and 31st December in each and every year, and such average shall relate to the succeeding half year.

(2) Babies receiving attention shall be included in calculating the daily average: Provided, however, that no new bom baby shall be included in making the calculation for the first seven days in the hospital.


8.—Hours. (1) The ordinary working hours shall be 40 per week or

80 per fortnight at the option of the employer and no shift shall exceed ten hours.

(2) Meal breaks shall not be counted as time worked. (3) Each worker shall be free from duty for not less

than—two full days in each week; or four full days in each fortnight.

9.—Overtime. (1) All time worked in excess of the ordinary hours as

prescribed in clause 8 hereof shall be paid for as hereunder:—

(a) Time and a half for the first four hours when working forty hours per week.

(b) Time and a half for the first eight hours when working eighty hours per fortnight.

(c) All time worked in excess of that prescribed in (a) and (b) hereof shall be paid for at the rate of double time.

(2) Where the worker and the employer so agree, time off in lieu of payment for overtime may be allowed proportionate to the payment to which she is entitled. Such time off to be taken at the convenience of the hospital provided that—

(a) such time off is in unbroken periods, according to each period of overtime worked; and

(b) the overtime is made up within twenty eight days from the time when it became due, except where it arises from the changeover from night duty to day duty or day duty to night duty.

(3) A worker called upon to work during the hours she is rostered off in accordance with subclause (3) of clause 8, shall be paid for all time worked at overtime rates provided in subclause (1) of this clause.

(4) Less than fifteen minutes overtime for a week or thirty minutes overtime for a fortnight shall not be paid for.

(5) A worker recalled for duty outside her normal working hours shall be paid a minimum of two hours pay, and in addition thereto, all reasonable expenses incurred in returning to duty.

(6) Where a worker has not been notified the previous day or earlier that she is required to work overtime, the employer shall ensure that workers working such overtime for an hour or more shall be provided with any of the usual meals occurring during such overtime or be paid $1.00 for each meal.

10.—Annual Leave. (1) (a) This subclause shall apply to all workers other

than those to whom subclause (2) is applied. (b) Except as hereinafter provided each worker covered

by this award shall be entitled to six weeks' leave on full pay for each twelve months of continuous service.

(c) A worker with more than one month's service (or, in the case of a student nurse, three months' service) who resigns or whose employment is terminated by the employer through no fault of the worker, shall be entitled to pro rata payment for annual leave in the proportion that her completed months of service bear to twelve months, but no such payment shall be made for any period of service in respect of which leave has already been granted or paid for.

(2) (a) At the employer's discretion a worker not normally required to work on public holidays may be granted public holidays and annual leave in accordance with the provisions of this subclause in lieu of the provisions of subclause (1).

(b) The following days or the days observed in lieu shall, subject to clause 9 hereof, be allowed as holidays without deduction of pay, namely: New Year's Day, Aus- tralia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday,

Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in the subclause.

(c) Where Christmas Day, or New Year's Day falls on a Saturday or a Sunday, such holiday shall be observed on the next succeeding Monday and where Boxing Day falls on a Sunday or a Monday such holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be deemed a holiday without deduction of pay in lieu of the days for which it is substituted.

(d) 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 a worker need not present herself for duty and payment may be deducted, but if work be done, ordinary rates of pay shall apply.

(e) Except as hereinafter provided, a period of three consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by her employer after a period of twelve months' continuous service with such employer.

(f) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordinary working day, there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid.

(g) If after one month's continuous service in any qualifying twelve-monthly period a worker leaves her employment or her employment is terminated by the employer through no fault of the worker, the worker shall be paid one-quarter of a week's pay at her ordinary rate of wage in respect of each completed month of continuous service.

(3) Each worker shall be given at least fourteen days' notice of the actual commencing date of her leave. A roster shall be kept in all hospitals of over twenty bed average showing the approximate date of commencement of annual leave. The roster shall be placed on a notice board in some convenient place for inspection by workers.

(4) Subject to the provisions of subclause (6) of this clause, each worker shall, before going on leave, be paid for the period of leave at the ordinary rate of wage to which she is entitled under the award. For the purpose of this subclause the ordinary rate of wage means the rate of wage, without deduction for accommodation and/or board, which the worker has received for the greatest proportion of the calendar month prior to taking her leave.

(5) Any leave accrued for the final year of traing shall be paid for at the rate payable for such year of service.

(6) Leave shall be given as soon as practicable after falling due. The leave of a student nurse shall not accumulate, but shall be given each year. The leave of a nurse shall not accumulate except with the consent of the nurse and in no case shall it accumulate for more than two years.

(7) Annual leave may be granted— (a) at the option of the employer, in two periods; (b) by mutual consent of the employer and the work-

er, in three periods, provided that no period shall be less than one week.

(8) Any time in respect of which a worker is absent from work except time for which she is entitled to claim sick pay or time spent on annual leave as prescribed by this award shall not count for the purpose of determining her right to annual leave.

(9) In addition to any payment to which she may be entitled under subclause (1) of this clause, a worker whose employment terminates after she has completed a twelve monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall be given payment in lieu of that leave or, in a case to which subclause (7) of this clause


applies, in lieu of so much of that leave as has not been allowed, unless—

(a) she has been justifiably dismissed for misconduct; and

(b) the misconduct for which she has been dismissed occurred prior to the completion of that qualifying period.

(10) This clause shall not apply to casual workers. 11.—Sick Leave.

(1) Student Nurses—Sick leave shall be granted to student nurses on the basis of forty-five working days on full pay for the first three years' service, and one and one- quarter days for each completed month of service after the first three years.

(2) Trained Nurses— (a) A worker shall be entitled to payment for non-at-

tendance on the ground of personal ill health for one-twelfth of a week for each completed month of service: Provided that payment for absence through ill-health shall be limited to one week in each calendar year. Payment hereunder may be adjusted at the end of each calendar year, or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act.

(b) A worker shall not be entitled to receive any wages from her employer for any time lost through the result of an accident not arising out of or in the course of her employment, or for any accident, wherever sustained, arising out of her own wilful default or for sickness arising out of her own wilful default.

(c) No worker shall be entitled to the benefits of this clause unless she produces proof satisfactory to her employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for three days of more.

(d) Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph (a) of this subclause which has not been allowed in any year to any worker by her employer as paid sick leave may be claimed by the worker and, subject to the conditions hereinbefore prescribed, shall be allowed by her employer in any subsequent year without diminution of the sick leave prescribed in respect of that year: Provided that sick leave which accumulates pursuant to this paragraph shall be available to the worker for a period of two years but no longer from the end of the year in which it accrues.

(e) Notwithstanding the provisions of paragraph (c) of this subclause a worker who in any calendar year has already been allowed paid sick leave shall not be entitled to payment for any further absence unless she produces to the employer a medical certificate stating that she was unable to attend for duty on account of personal ill-health.

(3) This clause shall not apply to casual workers. 12.—Contract of Service.

(1) Except in the case of casual workers the contract of service of every worker shall be a weekly contract terminable by one week's notice on either side or by the payment or forfeiture as the case may be of one week's wages. The contract of service of a casual worker shall be daily terminable by one day's notice or by the payment or forfeiture of one day's wages.

(2) The employer shall be under no obligation to pay for any day not worked upon which the worker is required to

1469

present herself for duty, except such absence from work is due to illness and comes within the provisions of clause 11, or such absence is on account of annual leave to which the worker is entitled under the provisions of the award.

(3) This clause does not affect the right to dismiss for misconduct, and in such case wages shall be paid up to the time of dismissal only.

13.—Student Nurses. (1) All persons accepted for training as student nurses

in private hospitals in Western Australia shall be employed in accordance with the conditions prescribed in this clause.

(2) The probationary period of six months shall be counted as part of the training.

(3) The employer shall cause the trainee to be taught in accordance with the requirements of the Nurses' Registra- tion Board by competent instruction in a gradual and complete manner and shall give the trainee a reasonable opportunity of training for the profession.

(4) Every student nurse shall faithfully serve her employer and obey all reasonable directions of her employer at all times for the purpose of being taught the nursing profession and accept such theoretical and other instruction as required.

(5) Any lectures or examinations which occur normally during the duty hours shall be computed as part of the working time of the student nurse whose duty it is to attend such lectures or examinations and there shall be no reduction in salary in respect thereto.

(6) A student nurse shall not be obliged to attend lectures or sit for examinations during her annual leave.

(7) No student nurse on night duty shall be obliged to take an examination until at least eight hours after completion of duty.

(8) Any dispute between the Federation and any employer bound by this award as to the dismissal of a student nurse may be referred to the Board of Reference for hearing and determination.

(9) A student nurse who wilfully refuses to obey, or dis- obeys the lawful orders of her employer or who grossly misbehaves or is negligent or dishonest, or is absent from duty without leave and without reasonable excuse may be dismissed without notice.

(10) Time lost from duty by the student nurse for any cause, other than sick leave, subject to regulation 44 of the Nurses' Registration Regulations, shall be made up by the student nurse at the conclusion of that year at the rate of wage or remuneration fixed for and applicable to the service of the student nurse during that year: Provid- ed that time lost shall not include absence of the student nurse on annual leave.

(11) Student nurses who do not pass their final examinations may be retained until such examinations are passed and during such period they shall be paid at the rate appropriate to their year of service, but such extended period shall in no case exceed twelve months.

(12) The proportion of student nurses in a training hospital approved by the Nurses' Registration Board shall not be more than six student nurses to each certificated nurse.

(13) Student nurses sitting for the examinations held by the Nurses' Registration Board shall be taken off night duty at least four weeks, as far as practicable, before the examinations are held.

14.—Laundry and Uniforms. (1) (a) All workers living in shall have, free of cost, the

reasonable use of all laundry facilities, including soap, blue and other equipment necessary for washing and ironing their clothes.

(b) Uniforms shall be laundered free of cost to workers but where the uniforms of any worker cannot be laundered at the hospital an allowance of sixty cents per week shall be paid to the workers.


(2) (a) The employer shall provide student nurses with all uniforms required, which uniforms shall at all times remain the property of the employer.

(b) Student nurses who are required or recommended to wear a stipulated type of hospital stocking shall-be provided with six pairs free of charge each year, For the purpose of this paragraph "Hospital stockings" means stockings of a colour or material not ordinarily worn for civilian dress.

(c) If a student nurse withdraws from training prior to the completion of twelve months' service the employer may deduct from wages due an amount of $10.00 towards the cost of initial uniforms issued.

(d) Where a trained nurse is required by the employer to wear a uniform such uniform shall be provided by the employer at his expense or alternatively the employer may pay an allowance of one dollar per week.

15.—Time and Wages Book. (1) A time book shall be open for inspection at all rea-

sonable times by an accredited representative of the Fed- eration. Each worker must record in such book the exact time on which she starts and finishes duty on each day and also time booked off for meals.

(2) The salary sheets shall, upon reasonable notice being given, be open for inspection at the office of the employer concerned by an accredited representative of the Federation.

(3) Any system of automatic recording by means of a machine shall be deemed a compliance with the provisions of subclause (1) so far as the particulars actually recorded are concerned.

16.—Interviews. An accredited representative of the Federation shall be

entitled to interview workers on the employer's premises at reasonable times.

17.—Rosters. A roster of the working hours shall be exhibited in such

place as it may conveniently and readily be seen by each worker concerned. The roster shall be posted not less than forty-eight hours preceding the day on which the roster commences. The roster shall be available to an accredited representative of the Federation at all reasonable times. Rosters may be altered at any time if the hospital ex- igencies render any alteration necessary.

18.—Living Allowances and Accommodation. (1) (a) Where board and lodging are provided the em-

ployer shall be entitled to deduct from the wages of the worker an amount of $15.00 per week. Provided that where self contained furnished residential accommodation is provided the employer shall be entitled to deduct an amount of $20.00.

(b) In all cases, the ratio of the value of board to that of lodging in the board and lodging allowance shall be two to one.

(2) An accredited representative of the Federation shall be entitled to inspect such food and accommodation at reasonable times.

(3) When student nurses are required to share rooms they shall pay half of the prescribed lodging allowance in accordance with paragraph (b) of subclause (1) of this clause.

(4) Where workers who are living out are provided with meals by the employer, deduction shall be made from their wages at the rate of one twenty-first of the allowance for board in accordance with paragraph (b) of subclause (1) of this clause, for each meal so provided.

19.—Meal and Meal Hours. (1) At least half an hour shall be allowed for breakfast,

dinner (mid-day or evening meal), and tea, or luncheon. (2) Morning and afternoon tea shall be provided by the

employer. The time allowed for such break shall not exceed seven minutes which shall be taken when convenient to the employer, without deduction of pay for such time.

20.—Board of Reference. (1) The Commission hereby appoints, for the purposes

of this award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to regulation 59 of the Industrial Arbitration Act (Western Australian Industrial Commission) Regulations, 1971.

(2) The Board of Reference is hereby assigned the function of determining any dispute between the parties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference.

21.—Special Allowances. (1) In addition to the wages prescribed in this award,

special allowances as set out in this clause shall be paid to—

(a) A nurse holding a post graduate diploma obtained from a recognised college of nursing, university or college of advanced education and required in her employment.

Per Week.

$ (i) Six months study 4.50

(ii) Twelve months study 7.50 (b) A nurse holding a post basic certificate endorsed

by the Nurses' Board of W.A. and required in her employment—

Per Week

$ (i) Six months study 2.50

(ii) Twelve months study 3.50 (c) (i) A worker who is required to remain on "close

call" for duty and not allowed to leave the hospital precincts or her place of residence, the sum of $1.20 for each period in any twenty four hours she is so required, in addition to the wage to which she is otherwise entitled.

(ii) A worker required to remain on "remote call" i.e. on call for duty and allowed to leave the hospital precincts or her place of residence, but so that she may be contacted, the sum of 80 cents for each period in any twenty four hours she is so required in addition to the wage to which she is otherwise entitled.

22.—Part-time Workers. Notwithstanding anything contained herein an employ-

er shall be at liberty to regularly employ part-time workers at the rate of one fortieth of the appropriate rate for each hour worked. Such workers shall be entitled to pro rata payment for annual leave, sick leave, laundry and uniform allowance.

23.—Casuals. (1) A nurse employed for a period of three weeks or less

shall be deemed a casual worker and be paid fifteen per cent over the rates prescribed in this award.

(2) If a casual worker is still required at the end of three weeks, she may be re-employed as a casual with payment as aforesaid for another two weeks.

24.—Other Provisions. (1) For Midwives' Registration Board examinations, as

far as practicable, one full day shall be allowed for examinations in addition to normal days off.

(2) Student nurses sitting for the examinations held by the Nurses' Registration Board shall as far as practicable be allowed one full day off in addition to normal days off.

25.—Long Service Leave. The long service leave provisions published in Volume

44 of the Western Australian Industrial Gazette at pages 606 to 612 inclusive are hereby incorporated in and shall be deemed to be part of this award.


26.—Award not to affect Present Wages and Privileges. Subject to the method of regulating wages on the aver-

age of occupied beds, nothing herein contained shall entitle an employer to reduce the wage of any worker who at the date of this award is being paid a higher rate of wage than the minimum prescribed for her class of work.

27.—Relieving. A worker other than a student nurse who performs the

duties of a worker on a higher classification than herself for a period of one week shall receive the minimum wage of such higher classification as from the beginning of such period of relieving.

28.—Wages. The minimum rate of wages per week payable to work-

ers under this award shall be as follows:— (1) (a) Student Nurse— $

1st year 48.31 2nd year 57.71 3rd year 69.47 4th year 75.35

(2) Registered Midwife or Midwifery Trainee with general certificate 85.80

(3) Registered Mothercraft Nurse (years of experience):

1st year 67.70 2nd year 69.90 3rd year 73.20 4th year 76.50 Thereafter 79.80

(4) Registered General Nurse (years of Ex- perience):


Provided that a Nurse who is in charge of a ward, department or floor during the off-duty period of a Charge Nurse, in addition to the appropriate weekly wage prescribed for the classification of "Registered General Nurse", shall be paid at the rate of $4.00 per week. For the purposes of this proviso, "off-duty period" shall mean the period of time between the termination of duty on one shift and commencement of duty on the next succeeding shift, it shall not include time off on account of meal breaks or rest periods.

(5) Charge Nurse or Clinical Instructor years of experience as such in either classification:


Provided that a registered general nurse who is appointed in charge of an intensive care unit coronary care unit or dialysis unit, or of a ward, theatre or department in a General Nurse Train- ing School shall be paid at the rate of $3.00 per week in addition to the appropriate wage rate prescribed for a charge nurse. Experience as a charge nurse shall be counted as experience as a nurse educator and vice versa.

(6) Supervisory Nurse or Nurse Educator (years of experience):

1st year 122.90 2nd year 126.20 Thereafter 129.60

(7) Night Nurse in Charge or Assistant Ma- $ tron:

Average Occupied Beds— Under 10 103.70 10 and under 31 107.10 31 and under 71 117.20 71 and under 171 129.60

(8) Senior Nurse Educator (years of experience):

1st year 138.50 2nd year 141.50 Thereafter 145.50

(9) Deputy Principal Nurse Educator where the establishment of Nurse Educators is—

(i) Less than 10 150.90 (ii) More than 10 159.90

(10) Principal Nurse Educator where the establishment of Nurse Educators is—

(i) 10 or less 164.30 (ii) More than 10 175.60

(11) Deputy Matron (average occupied beds):

Group A Group B Hos- pital.

Under 10 122.80 117.10 10 and under 31 128.40 117.10 31 and under 71 134.00 122.80 71 and under 171 147.50 136.30

(12) Matron (average occupied beds):

Under 10 134.00 128.40 10 and under 31 139.60 134.00 31 and under 71 150.80 139.60 71 and under 171 169.90 158.70 The rates of wage prescribed herein shall be var-

ied to the extent of any addition to or subtraction from the basic wage fixed from time to time for males by the Western Australian Industrial Com- mission and which on the date of this order is $44.00 per week.

Provided that in the case of student nurses the rates shall be varied so as to maintain the percentage relationship between the rate for Registered General Nurse 1st year and the rate now prescribed for a student less $6.00 per week.

Hos- pital.

117.10 117.10 122.80 136.30

(i) "Experience" shall mean experience at any registered hospital as a registered nurse and shall include midwifery training time. Provided that the employer shall not be required to accept all or any of such experience up to the time of engagement when fixing a worker's rate of wage, but shall from then on apply the scale of rates set out in this clause.

In the event of a dispute between an employer and the Federation in relation to the method of applying the foregoing, the matter shall be referred to the Board of Reference for determination.

(ii) The onus of proof of previous experience shall rest on the worker concerned, who shall produce a certificate signed by her previous employer or employers setting out the details of such previous experience.

29.—Preference. (1) In this clause—

"the union" means the Royal Australian Nursing Federation (Western Australian Branch) Industri- al Union of Workers, Perth;

"Unionist" means a worker who is a member of the union;

"non unionist" means a worker who is not a member of the union.



la) unless she has already applied for membership of the union in the manner prescribed by the rules of the union, apply for such membership in the manner so prescribed within seven days of receiving, from an accredited representative of the union, a copy of those rules, a copy of this clause and an application form for membership;

(b) upon being notified that she has been accepted as a member of the union, do such things as may be required under the rules of the union in relation to her admission to membership; and



membership of the union issued and in force pursuant to section 61B, of the Industrial Arbi- tration Act, 1912-1971;


(c) for the unexpired portion of any period in respect of which she has, prior to commencing employment under this award, paid membership fees on her own behalf to another union.

(4) (a) Where the Secretary of the union has notified an employer that a non-unionist to whom the provisions of subclause (2) of this clause apply has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than 24 hours to the exclusion of any well-conducted unionist who is employed by, or who applies for employment, with that employer and who is adequately experienced and otherwise competent in the work performed by that non-unionist, and is of the sex to which that work is allotted by this award or, where the award makes no such provision by custom.

(b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non-unionist by her employer the provisions of clause 12 of this award are hereby declared inoperative in respect of that dismissal but only if—







(ii) Within the time specified by that employer in any advertisement calling for such applications,

whichever is the later. (c) is able to commence work at the time required by


allotted by this award or, where the award makes no such provision, by custom.


(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B, of the Industrial Arbi- tration Act, 1912-1971; or

(b) for the period between the date on which she applies for such a certificate and the date on which that application is finally determined under that section.

30.—Shift Work. (1) (a) Except as provided for in subclause (4) of this

clause the loading on the ordinary rates of pay for an afternoon or night shift worked in ordinary hours shall be seven and a half per cent.

(b) For the purposes of this subclause an afternoon shift shall be one which commences between 12 noon and 6.00 p.m. and a night shift shall be one which commences between 6.00 p.m. and 4.00 a.m.

(c) The second portion of a broken shift where such second portion commences after 12.00 noon shall be regarded as an afternoon shift for the purposes of this subclause.

(2) (a) Except as provided for in subclause (4) of this clause all work performed during ordinary hours between midnight on Friday and midnight on Sunday shall be paid for at the rate of time and a half.

(b) The rates prescribed in this subclause shall be in substitution for and not cumulative on the rates prescribed in subclause (1) of this clause.

(3) Where a worker's rostered hours of duty in any day are extended by an early start or a late finish the shift work or weekend rates as the case may be shall be paid for such additional time worked in addition to any overtime payable under clause 9 of this award.

(4) The provisions of this clause do not apply to Ma- trons and Deputy Matrons.

Schedule of Respondents. Alfred Carson Hospital, Claremont Annesley Private Hospital, Mt. Lawley Bethesda Hospital (Inc.) Claremont Braille Society for the Blind of W.A. (Inc.) Victoria Park Claudia Hicks Lodge, Bentley Deloraine Rest Home, Mt. Lawley Kwinana Maternity Hospital, Calista Lady Lawley Cottage by the Sea, Mosman Park Maurice Zeffert Memorial Home, Yokine Nadezda Hospital, Innaloo St. Anne's Nursing Home, Mt. Lawley St. John of God Hospital, Subiaco Seaton Lodge, Albany Vailima Convalescent Hospital, Narrogin

NURSES. (Silver Chain.)




ation (Western Australian Branch) Indus- trial Union of Workers, Perth, Applicant, and Silver Chain Nursing Association In- corporated, Respondent.

HAVING heard Mr. M. A. Jahn on behalf of the applicant and Mr. G. R. Gillies on behalf of the respondent, I, the undersigned, Com- missioner of The Western Australian Industri- al Commission, in pursuance of an allocation

21 November, 1973,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1473

to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Nurses' (Silver Chain Associ- ation) Award No, 14 of 1965, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the date hereof.



Schedule. 1. Clause 6.—Definitions: Delete this clause and insert

in lieu:— 6.—Definitions.

(1) "Nurse"—a person who is registered or entitled to be registed in Western Australia under the Nurses'Act, 1968.

(2) "Supervisor" shall mean a nurse appointed as such by the employer.

(3) "Silver Chain Nurse" shall mean and include the nurse in charge of a "Silver Chain Medical Centre" or a nurse who performs nursing duties among the sick of a community in their homes.

(4) "Silver Chain Medical Centre" shall mean a nursing centre established by the employer in a country town where there is no resident doctor or district hospital, and at which the sick of the community may attend for advice and/or treatment. The centre shall include free lodgings for the nurse in charge.

2. Clause 7.—Wages: Delete this clause and insert in lieu:—

7.—Wages. Per

week. (1) Silver Chain Nurse: $

1st year of service .. 103.70 Thereafter .. 110.50 After four consecutive years of service.... .. 117.20

(2) Supervisor: 1st year of service .. 120.60 Thereafter .. 121.70

The rates of wage prescribed herein shall be varied to the extent of any addition to or subtraction from the basic wage fixed from time to time for males by the Western Australian Industrial Commission and which on the date of this order is $44.00 per week.

OPTICAL MECHANICS.



No. 1104 (49) of 1973. Between Laubman and Pank and others, Ap-

plicants, and Federated Miscellaneous Workers Union of Australia, West Austra- lian Branch, Union of Workers, Respond- ent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. S. Perry on behalf of the respondent, I, the undersigned, Commis- sioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Optical Mechanics Award No. 9 of 1970, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.



Schedule. Clause 24.—Wages: Delete subclause (7) of this clause and insert in lieu:—

(7) Junior workers—female (percent of female basic wage per week): %

Under 16 years of age 50.51 16 to 17 years of age 64.62 17 to 18 years of age 76.93 18 to 19 years of age 91.68 19 to 20 years of age 100 +

$3.65 20 to 21 years of age 100 +

$6.85

PAINT AND VARNISH MAKING.



No. 1104 (50) of 1973. Between Berger Paints W.A. Pty Ltd and

others, Applicants, and Federated Mis- cellaneous Workers Union of Australia, West Australian Branch, Union of Work- ers, Respondent.


That the Paint and Varnish Makers Award No. 22 of 1957, as amended and consolidated, be and the same is hereby


further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September 1973.



Schedule. Clause 22.—Rates of Pay: Delete subclause (5)

clause and insert in lieu:— (5) Junior Workers—female (per cent of female

basic wage per week): Under 16 years of age 16 to 17 years of age 17 to 18 years of age 18 to 19 years of age 19 to 20 years of age

20 to 21 years of age.

Schedule. Clause 6.—Wages: Delete subclause (1), (2), (3), (4), (5)

and insert in lieu:—

The minimum rates of wages payable under the provisions of this award shall be as follows:—

(1) Basic Wage (per week) 44.00 (2) Margin Painters & Signwriters 32.05 (3) Disability Allowance 2.20 (4) Tool Allowance 0.47

Provided that this allowance shall not be paid where the employer supplies the worker with all necessary tools.

(5) A worker other than a casual worker who has not completed nine months continuous service with that employer and who is retrenched shall, for each week of continuous employment with the employer immediately prior to his retrenchment (other than any week for which he has been paid as a casual worker) be paid the lost time allowance, prescribed herein less any payments made to him in respect of sick leave or public holidays during that employment. Allowance for lost time, ten days sick leave and follow the job, to vary nine point seven per cent of any increase or decrease in wages—$6.74.

PAINTERS. (Shipping.)



No. 1166 of 1973. Between the Operative Painters and Decora-

tors' Union of Australia, West Australian Branch, Union of Workers, Applicant, and Dillingham Shipyards (W.A.) Pty Ltd and others, Respondents.

HAVING heard Mr. T. Butler on behalf of the applicant and Mr. A. K. Ammerer on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Painters (Shipping) Award No. 32A of 1961 as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


PASTRYCOOKS.



No. 1104 (51) of 1973.

Between Boans Limited and others Appli- cants, and the West Australian Bakers', Pastrycooks' and Confectioners', Union of Workers, Respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. J. H. Watterston on behalf of the respondent, I, the undersigned, Commissioner of The Western Australian In- dustrial Commission, in pursuance of an allocation to me under section 54 of the Indus- trial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Pastrycooks Award No. 11 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September 1973.


[L.S.] (Sgd.) D. CORT,

Commissioner. [L.S.] (Sgd.) D. CORT,

Commissioner.



and insert in lieu:— (5) Junior females (per cent of female basic

wage per week): % Under 16 years of age 44.8 16 to 17 years of age 57.2 17 to 18 years of age 69.5 18 to 19 years of age 82.8 19 to 20 years of age 98.8 20 to 21 years of age 100.0

plus $2.65

PHOTOGRAPHIC EMPLOYEES.



No. 1104 (52) of 1973. Between Illustrations Pty Ltd and others Ap-

plicants, and Federated Miscellaneous Workers' Union of Australia, West Austra- lian Branch, Union of Workers, Respond- ent.


That the Photographic Employees' Award No. 3 of 1965, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September 1973.



PLASTIC MANUFACTURING.



No. 1104 (53) of 1973. Between R. David Moss Pty Ltd and others,

Applicants, and Federated Miscellaneous Workers Union of Australia, West Austra- lian Branch, Union of Workers, Respond- ent.


That the Plastic Manufacturing Award No. 8 of 1960, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September 1973.



Schedule. Clause 21.—Rates of Pay: Delete subclause (6) of this

clause and insert in lieu:— (6) Junior females (per cent of female basic

wage per week): ^ Under 16 years of age 54.18 16 to 17 years of age 69.26 17 to 18 years of age 81.31 18 to 19 years of age 93.18 19 to 20 years of age 100.00

+ $3.56 20 to 21 years of age 100.00

+ $7.09


and insert in lieu:— (5) Junior Workers—female (per cent of female

basic wage per week): % 16 years of age and under 50.51 17 years of age 75.82 18 years of age 87.00 19 years of age 100

+ $3.65 20 years of age 100

+ $6.85

PLYWOOD AND VENEER WORKERS.



No. 1104 (54) of 1973. Between Westralian Plywoods Hearn In-

dustries Pty. Limited, Applicant, and United Timber Yards, Sawmills and Woodworkers Employees' Union of West- ern Australia, Respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicant and Mr. R. Hillier on behalf of


the respondent, I, the undersigned, Commis- sioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Plywood and Veneer Workers Award No. 24 of 1952, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.


(Sgd.) D. CORT, fL.S.l Commissioner.


and insert in lieu:— (5) Junior Females (percent of female basic

wage per week): % Under 17 years 42 Under 17 years Between 17 and 18 years . Between 18 and 19 years . Between 19 and 20 years . Between 20 and 21 years .

PORCELAIN WORKERS.



No. 1104 (55) of 1973. Between H. L. Brisbane and Wunderlich Pty.

Ltd., Applicant, and the Federated Brick, Tile and Pottery Industrial Union of Aus- tralia (Union of Workers) Western Austra- lian Branch, Respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicant and Mr. J. S. Dawkins on behalf of the respondent, I, the undersigned, Com- missioner of The Western Australian Industri- al Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said

Act, and all other powers therein enabling me, do hereby order and declare—

That the Porcelain Workers Award No. 1 of 1970, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.




and insert in lieu:— (5) Junior Workers—Female (percent of female %

basic wage per week): Under 16 years of age 51 Between 16 and 17 years of age 65 Between 17 and 18 years of age 77 Between 18 and 19 years of age 91 Between 19 and 20 years of age 100

+$3.65 Between 20 and 21 years of age 100

RESTAURANT, TEA ROOM AND CATERING WORKERS.

Award Mo. 49 of 1968.


No. 1104 (57) of 1973. Between Aherns Pty. Ltd. and Others, Appli-

cants, and the Hotel, Club, Caterers, Tea Room and Restaurant Employees' Indus- trial Union of Workers, Perth, Respond- ent.


That the Restaurant, Tea Room and Catering Workers' Award No. 49 of 1968, as amended, be and the same is hereby further amended in accordance with the following schedule.




Schedule. Add the following new clause to this award:

Adjustment of Female Rates of Pay. (1) Where the margin prescribed herein for an adult

female is equal to, or greater than, the increase in the female basic wage v/hich will result from the declaration of a basic wage for female workers on the 27th day of August, 1973 by the Commission in Court Session, such margin shall be automatically reduced by the same amount as the basic wage is so increase in order that the total wage for that female worker shall remain constant.

(2) Where the margin prescribed herein for an adult female is less than the increase in the female basic wage referred to in subclause (1) of this clause, such margin shall be automatically deleted.

(3) In the case of junior female workers the percentage of the female basic wage or the margin prescribed herein for such female workers in each age group shall be automatically reduced by the sum and/or percentage sufficient to enable the total wage for each junior female worker to remain constant notwithstanding the increase in the female basic wage referred to in subclause (1) of this clause.

(4)This clause shall operate until the 31st day of March, 1974 and shall cease to have effect after that date.

RESTAURANT, TEAROOM AND CATERING WORKERS.



No. 872 of 1973. Between the Hotel, Club, Caterers, Tea Room

and Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Aherns Pty. Ltd. and others, Respond- ents.

Before Mr. Commissioner J. R. Flanagan The 6th day of November, 1973.

Mr. E. L. Fry appeared for the applicant union.

Mr. C. F. Westcott appeared for the Com- missioners of the R. & 1. Bank.

Mr. R. Lane appeared for the Metropolitan Transport Trust.

Mr. G. R. Gillies appeared for the respondents, members of the W.A. Employers' Feder- ation.

Judgment. THE COMMISSIONER: This is an application by the Hotel, Club, Caterers, Tea Room and Restaurant Employees' Union to amend the Restaurant, Tearoom and Catering Workers' Award No. 49 of 1968.

An increase in the laundry allowance to 60 cents per week and a $3 increase to all classifications other than those of "Barman" and "Barmaid" have been agreed to by the_ respondents and the relevant Clauses 21.—Uni- forms and 30.—Wages will be varied accordingly.

The parties, however, are in dispute in respect of the claim to include the classification of "Counterhand" in what is ostensibly a grouping of male classifications, in Group 4, and the classification of "Laundress" in Group 5 of the wages clause. A claim to increase the existing margins of "Barman" and "Barmaid" by $7 to $26.65 is also opposed by the respondents.

I am satisfied on the evidence educed in respect of the classifications of "counterhand" and "laundress", and particularly in the case of "laundress" from observations of the work performed on the inspection of a laundry operated by one of the respondents, that these classifications and the margins claimed should be included in the award and I so determine.

In seeking to increase the margin of "Barman" and "Barmaids" to $26.65 the applicant referred to an amending Order No. 101 of 1973 made on the 22nd June, 1973 whereby the margins of all classifications other than those of "Barman" and "Barmaid" were, by consent, increased by an amount of $3 thus maintaining a parity with corresponding classifications in the Hotel Workers' Award No. 15 of 1967. However with respect to "Barman" and "Barmaid" it was agreed that the margins for these classifications be increased by an amount of $2.10.

This amount was said to be calculated upon a comparison with the total wage of $60 then fixed for the classification of Bar Attendant in Victoria under the Hotels and Retail Liquor Industry Award, 1971. That award was replaced on the 3 September, 1973 with "The Hotels and Retail Liquor Industry Award, 1973" and the rate now prescribed for a Bar Attendant is $67 per week.

Historically the rates for a barman and barmaid in the award under review have been equated with rates prescribed in the Barmaids and Barmen's (Hotels) Award and whatever may have been the reasons motivating the parties to disturb that relativity in June of this year I am of the opinion that the previous relationship should now be restored and a margin of $22.55 be prescribed for the respective classifications in the instant award.

Clause 17.—Bar Work of the Hotel Workers' Award provides inter alia that—

any worker, other than a night porter, who performs the duties of a barman, that is actually dispensing drinks across the bar, shall be paid the same rate as provided for barmen under the Barmaids and Barmen's Award,

and it is clear that to prescribe a differing rate for bar work in the award under review to that


prescribed in the award with which there has been a consistent relationship would produce, in my view an unjustifiable anomaly.

The minutes of the proposed amendment will now issue.

Order Accordingly


No. 872 of 1973. Between the Hotel, Club Caterers, Tea Room

and Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Aherns Pty. Ltd. and others, Respond- ents.

HAVING heard Mr. E. L. Fry on behalf of the applicant and Mr. G. R. Gillies, Mr. C. F. Westcott and Mr. R. Lane on behalf of the respondents, I, the undersigned, Commissioner of The Western Australian Industrial Commis- sion, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Restaurant, Tea Room and Catering Workers' Award No. 49 of 1968, as amended, be and the same is hereby further amended in accordance with the foilowing schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. 1. Clause 21.—Uniforms: Delete this clause and insert

in lieu:— 21.—Uniforms.

Where the employer requires uniforms to be worn, they shall be supplied, laundered, and remain the property of the employer, provided that in lieu of the employer laundering same, the worker shall be paid sixty cents per week for such laundering.

2.—Clause 30.—Wages: Delete Subclause (2) of this Clause and insert in lieu:—

(2) Classifications and margins over male or female basic wage per week:

Group 1— Cooks—in establishments where three

or more cooks are employed: $ (a) First cook 27.35 (b) Second cook 23.85 (c) Third cook 22.35 (d) Where more than three cooks are

employed the minimum shall be. 22.35

Group 2— $ Where two cooks are employed—

(a) First cook 25.30 (b) Second cook 23.00


Group 4— (a) Barman 22.55 (b) Steward 20.55 (c) Waiter 20.55 (d) Kitchenman 19.25 (e) Pantryman 19.25 (f) Yardman 19.25 (g) Counterhand 20.55

Group 5— (a) Barmaid 22.55 (b) Stewardess 20.55 (c) Waitress 20.55 (d) Counterhand 20.55 (e) Cashier 22.55 (f) Kitchenmaid 20.55 (g) Pantrymaid 20.55 (h) Laundress 20.55 (i) Cleaner 20.55 (j) General Hand 20.55

Notwithstanding the provisions of this subclause a worker who has had less than four weeks' experience in the trade as a barmaid or barman shall be entitled to receive only an amount equal to the male basic wage.



No. 1104 (58) of 1973. Between West Australian Rope and Twine

Company Pty Ltd., Applicant, and Feder- ated Miscellaneous Workers Union of Aus- tralia, West Australian Branch, Union of Workers, Respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicant and Mr. S. Perry on hehalf of the respondent, I, the undersigned, Commis- sioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Rope and Twine Workers Award No. 11 of 1963, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.


[L.S.I (Sgd.) D. CORT,

Commissioner.



and insert in lieu:— (6) Junior Workers—female (per cent, of

female basic wage per week) % Under 16 years of age 54.18 16 to 17 years of age 69.26 17 to 18 years of age 81.31 18 to 19 years of age 93.18 19 to 20 years of age 100.00

+ $3.56 20 to 21 years of age 100.00

+ $7.09



No. 1104 (59) of 1973. Between Hugo Fischer Pty. Ltd. and others,



That the Saddlers and Leatherworkers Award No. 7 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973,


(Sgd.) D. CORT, f L.S.I Commissioner.


and insert in lieu:— (6) Junior Workers—female (per cent, of

female basic wage per week): % Under 16 years of age 54.18 16 to 17 years of age 69.26 17 to 18 years of age 81.31 18 to 19 years of age 93.18 19 to 20 years of age 100.00

+ $3.56 20 to 21 years of age 100.00

+ $7.09

SCHOOL EMPLOYEES. (University Colleges,

Country High School Hostels and Swanleigh.)



No. 1104 (61) of 1973. Between St. Thomas More College and others,



That the Schools, Hostels and Univer- sity Colleges Award No. 21A of 1969, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.



Schedule. Clause 29.—Wages: Delete paragraph (b) of subclause

(3) of this clause and insert in lieu:— (b) Junior Workers—females (per cent, of female basic wage per week): %

Under 17 years of age 51 Under 18 years of age 60 Under 19 years of age 70 At 19 years of age Full

Adult Rate

The proportion of female juniors shall be one junior to every three or fraction of three female workers in receipt of the full adult rate.

141 10 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [21 November, 1973.

SCHOOL EMPLOYEES. (Independent—Day and

Boarding.)



No. 1104 (60) of 1973. Between Guildford Grammar School and

others, Applicants, and Federated Mis- cellaneous Workers' Union of Australia, West Australian Branch, Union of Work- ers, Respondent.


That the School Employees (Indepen- dent—Day and Boarding) Award No. 33 of 1959, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September 1973.



Schedule. Clause 29.—Wages: Delete paragraph (2) of subclause

(c) of this clause and insert in lieu thereof:— (2) Junior Workers—Females (per cent of female basic wage per week): %



Adult Rate

The proportion of female juniors shall be one junior to every three or fraction of three female workers in receipt of the full adult rate.

SHEET METAL WORKERS.



No. 1104 (62) of 1973. Between F. Instone and Company and others,

Applicants, and Amalgamated Engineer- ing Union of Workers of Western Austra- lia, Respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. J. Hardy on behalf of the respondent, I, the undersigned, Commis- sioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Sheet Metal Workers Award No. 10 of 1973, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.


(Sgd.) D. CORT, [L.S.j Commissioner.


and insert in lieu:— (6) Junior Females (per cent, of female basic %

wage per week): Under 16 years of age 33 16 to 17 years of age 42 17 to 18 years of age 51 18 to 19 years of age 60 19 to 20 years of age 70 20 to 21 years of age 90

SHOP ASSISTANTS. (Metropolitan.)



No. 1104 (63) of 1973. Between Boans Limited and others, Appli-

cants, and the West Australian Shop As- sistants' and Warehouse Employees In- dustrial Union of Workers, Perth, Re- spondent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. R. E. Archer on behalf of the respondent, I, the undersigned, Com- missioner of The Western Australian Industri- al Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Shop Assistants (Wholesale and Retail Establishments) Metropolitan Award No. 4 of 1972, be and the same is


hereby amended in accordance with the following schedule and that such amendment shall take effect on and from the date hereof.


(Sgd.) D. CORT, Schedule.

Clause 27.—Wages: Delete subclauses (3) and (5) of this clause and insert in lieu:— As

(3) Adult Females (margin per /ro,/lo week): 1/10/73

Shop assistants or demonstra- $ $ tors 22.05 25.05

Storewomen, packers, despatch hands 20.75 23.75

Window Dressers 23.58 26.58 Wholesale Saleswomen 22.05 25.05

In addition to the wage prescribed herein for her classification, a worker required by the employer to be in charge of a shop or of other workers shall be paid the following amount:—

If placed in charge of a shop with no other workers or if placed in charge of less than three other workers—$2.05 per week extra.

If placed in charge of three or more other workers but less than ten workers—$3.91 per week extra.

If placed in charge of ten or more other workers—$7.53 per week extra.

(5) Junior Female Workers (percent of female basic wage or margin per week):

Under 16 years of age 16 to 17 years of age 17 to 18 years of age 18 to 19 years of age

19 to 20 years of age

As from

1/10/73


SHOP ASSISTANTS. (Rest of State.)

Award No. 10 of 1969

and 12 of 1971.


No. 1104 (64) of 1973. Between Elder Smith Goldsbrough Mort

Limited and others, Applicants, and the West Australian Shop Assistants' and Warehouse Employees Industrial Union of Workers, Perth, Respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. R. E. Archer on behalf of the respondent, I, the undersigned, Com- missioner of The Western Australian Industri- al Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of

the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Shop Assistants (Wholesale and Retail Establishments) Rest of State Award No. 10 of 1969 and 12 of 1971, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the date hereof.


(Sgd.) D. CORT, IL.S.] Commissioner.

Schedule. Clause 25.—Wages: Delete subclauses (3) and (5) of this

clause and insert in lieu:— As

(3) Adult Females (margin per from week): 1/10/73

Shop assistants or demonstra- $ $ tors 22.05 25.05

Storewomen, packers, despatch hands 20.75 23.75

Window Dressers 23.58 26.58 Wholesale Saleswomen 22.05 25.05





(5) Junior Female Workers (per cent of female basic wage or margin per week):

Under 16 years of age 16 to 17 years of age 17 to 18 years of age 18 to 19 years of age



As from

1/10/73 %

65.79 80.33 94.62 100+ $2.10 100+ $6.35 100+

$10.55


SHOP ASSISTANTS. (South-West Land

Division.)

Award No. 18, of 1963.


No. 1104 (65) of 1973. Between Westralian Farmers Co-operative

Limited and others, Applicants, and the West Australian Shop Assistants' and Warehouse Employees' Industrial Union of Workers, Perth, Respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. R. E. Archer on behalf of the respondent, I, the undersigned, Com- missioner of The Western Australian Industri- al Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Shop Assistants (South-West Land Division) Award No. 18 of 1963, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the date hereof.


(Sgd.) D. CORT, fL S 1 Commissioner.

Schedule. Clause 26.—Wages: Delete subclauses (3) and (5) of this

clause and insert in lieu:— As (3) Adult Females (margin per from

week): 1/10/73 Shop assistants or demonstra- $ $

tors 22.05 25.05 Storewomen, packers,

despatch hands 20.75 23.75 Window Dressers 23.58 26.58





As (5) Junior Female Workers (per /rn71Q

pent, nf fpmnle hnsip wntre or l/]u/7o

17 to 18 years of age. 18 to 19 years of age.


20 to 21 years of age.,

SOAP AND ALLIED PRODUCTS MANUFACTURING.



No. 1104 (66) of 1973. Between Westralian Soaps Pty. Ltd. and

others, Applicants, and Federated Mis- cellaneous Workers Union of Australia, West Australian Branch, Union of Work- ers, Respondent.


That the Soap and Allied Products Manufacturing Award No. 25 of 1960, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.



Schedule. Clause 26.—Wages: Delete paragraph (ii) of subclause

(e) of this clause and insert in lieu:— (ii) Females (per cent, of female basic wage per

week): % Under 16 years of age 50.51 16 to 17 years of age 64.62 17 to 18 years of age 76.93 18 to 19 years of age 91.68 19 to 20 years of age 100

+ $3.65 20 to 21 years of age 100

+ $6.85 (5) Junior Female Workers (per

cent of female basic wage or margin per week):

Under 16 years of age 16 to 17 years of age


SOFT FURNISHINGS.



No. 1104 (67) of 1973. Between Boans Limited and others, Appli-

cants, and the United Furniture Trades Industrial Union of Workers, W.A., respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. J. P. Fitzgerald on behalf of the respondent, I, the undersigned, Commissioner of The Western Australian In- dustrial Commission, in pursuance of an allocation to me under section 54 of the Indus- trial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me do hereby order and declare—

That the Soft Furnishings Award No. 13 of 1963, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.




and insert in lieu:— (5) Junior female workers (per cent, of female basic wage per week): %

Under 16 years of age 40 Between 16 and 17 years of age 50 Between 17 and 18 years of age 62 'A Between 18 and 19 years of age 75 Between 19 and 20 years of age 87 'A Between 20 and 21 years of age 100

+ $1.00

WOOL SCOURING AND FELLMONGERY.



No. 1104 (70) of 1973. Between Jandakot Wool Scouring Co. Pty.

Ltd. and others, Applicants, and Feder- ated Miscellaneous Workers Union of Aus- tralia, West Australian Branch, Union of Workers, Respondent.

HAVING heard Mr. G. J. Martin on behalf of the applicants and Mr. S. Perry on behalf of the respondent, I, the undersigned, Commis- sioner of The Western Australian Industrial

1483

Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1971, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Wool Scouring and Fellmongery Award No. 32 of 1959, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 17th day of September, 1973.

Dated at Perth this 14th day of September. 1973.



and insert in lieu:— (5) Junior workers—female (per cent, of female

basic wage per week): % Under 16 years of age 50.51 16 to 17 years of age 64.62 17 to 18 years of age 76.'3 18 to 19 years of age 91.68 19 to 20 years of age 100 +

$3.65 20 to 21 years of age 100 +

$6.85

AGREEMENTS—INDUSTRIAL—

Registered—

CHEMICAL WORKERS' WUNDOWIE AGREEMENT.

INDUSTRIAL AGREEMENT.

No. 20 of 1973. (Registered 10th October, 1973.)

THIS Agreement made in pursuance of the In- dustrial Arbitration Act, 1912-1971, this twenty-fourth day of September, 1973, between the W.A. Chemical and Allied Trades Industrial Union of Workers of the one part and the Hon. Minister for Industrial Devel- opment of the other part, whereby it is mutually agreed as follows:

1.—Title. This Agreement shall be known as the Chemical Work-

ers' Wundowie Agreement and shall replace Agreement No. 4 of 1962 as amended.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term.

32585—8

14! ;4 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [21 November, 1973.

5. Hours (Day Workers). 6. Overtime (Day Workers). 7. Continuous Shift Workers. 8. Shift Work. 9. Rest Period After Overtime.

10. Wages. 11. Extra Rates and General Conditions. 12. Higher Duties. 13. Contract of Service. 14. Breakdowns. 15. Time and Wages Book. 16. Casual Workers. 17. Sick Leave. 18. Annual Leave. 19. Public Holidays. 20. Board of Reference. 21. Long Service Leave. 22. Preference to Unionists. 23. Right of Entry.

3.—Area and Scope. This Agreement shall apply to all workers engaged in

occupations mentioned herein and employed in connection with the Refinery section of the Wood Distillation, Charcoal Iron and Steel Industry, Wundowie, as carried out by the Minister for Industrial Development.

4.—Term. The term of this Agreement shall be one year from the

date hereof. 5.—Hours (Day Workers.

(1) The ordinary working hours shall not exceed forty in any one week and shall not exceed eight hours in any one day Monday to Friday inclusive and shall be worked between the hours of 7 a.m. and 5.30 p.m.

(2) The meal interval shall not exceed one hour. (3) (a) Subject to the provisions hereinafter contained a

rest period of seven minutes from the time of ceasing work to the time of resumption of work shall be allowed each morning.

(b) This interval 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. Morning tea may be taken by workers during this interval, but the period of seven minutes shall not be exceeded under any circumstances. Upon proof of breach by any worker of any provision hereinbefore expressed or implied, the Commission may grant the employer exemption from liability to allow the rest period aforesaid.

6.—Overtime (Day Workers). (1) All time worked in excess of the daily rostered hours

or in excess of forty hours per week shall be paid at the rate of time and a half for the first two hours and double time thereafter.

(2) (a) Work done on Saturdays prior to 12 noon shall be paid for at the rate of time and a half for the first two hours and double time thereafter.

(b) Work done on Saturdays after 12 noon or on Sundays shall be paid for at the rate of double time.

(c) Work done on any day prescribed as a holiday under this award shall be paid for at the rate of double time and a half.

(3) When a worker is recalled to work overtime after leaving his employer's business premises (whether notified before or after leaving such premises he shall be paid for at least three hours at overtime rates.

(4) When a worker, without being notified on the previous day, is required to continue working after his usual knock off time for more than one hour, or after 6 p.m., whichever is the later, he shall be provided with any meal required or be paid one dollar and twenty five cents in lieu thereof.


(6) When a worker is required for duty during the meal interval, whereby his meal is postponed for more than one "hour, he shall be paid at overtime rates from the time he usually commences his meal interval until he gets his meal.

(7) (a) The employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.

(b) No organisation party to this Agreement, or worker or workers covered by this Agreement, 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.

7.—Continuous Shift Workers. (1) The ordinary working hours shall not exceed 40 in

any week to be worked in five shifts of eight hours each inclusive of crib time.

(2) All time worked in excess of or outside the ordinary working hours as prescribed shall be paid for at the rate of double time.

(3) These overtime rates shall not apply to excess time worked due to private arrangements between the workers themselves, or owing to a relieving man failing to come on duty at the proper time, or where such time is worked to effect the periodical rotation of shifts.

The time for which any worker may be paid at ordinary rates instead of overtime, due to a relieving man failing to come on duty at the proper time shall not exceed two hours, after the expiration of which overtime rates shall apply for the whole of the extra time worked.


(5) V/hen a worker, without being notified on the previous day, is required to continue working after his usual knock off time for more than one hour, he shall be provided with any meal required or be paid one dollar and twenty five cents in lieu thereof.


(7) All work performed during ordinary working hours on Saturdays and Sundays shall be paid at the rate of time and a half. These rates shall be paid in lieu of the shift allowances prescribed in subclause (10) hereof.

(8) Notwithstanding anything contained in this Agree- ment to the contrary, no time of duty whatsoever shall be required to be paid for at more than double time and one half rate; i.e., double and one half ordinary rate.

(9) The employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.

No organisation party to this Agreement, or worker or workers covered by this Agreement, 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.

(10) Shift workers other than day shift workers shall be paid 2212' r of one fifth of the basic wage in addition to the ordinary rate for afternoon and night shift.

8.—Shift Work. (1) (a) A worker who does not work at least one week on

day shift out of each consecutive three weeks shall be paid for each shift other than day shift at the rate of time and one quarter: Provided that if he is required to work for more than one week consecutively on afternoon or night shift, such worker shall be paid at the rate of time and one quarter for each shift other than day shift in the consecutive second or subsequent weeks or afternoon or night shift.


(b) This subclause shall not apply to workers to whom it would only otherwise apply because of a change of shift due to a private arrangement with another worker, not to workers (known as "relief workers") regularly employed on continuous process work who are required to work shifts to enable other workers engaged on such work to change shifts weekly and to have their days off, if such relief worker is not required to work more night or afternoon shifts than number of day shifts worked by him.

(2) (a) Where any particular process is carried out by workers on shifts other than day shifts and less than five consecutive afternoon or five consecutive night shifts are worked on that process, then such workers shall be paid at overtime rates. A worker who replaces a regular shift worker on afternoon or night shift, absent for any reason beyond the control of the employer, shall be paid at the rate of time and a quarter if he does not work for five consecutive afternoon or night shifts and at appropriate shift work rates if he works five or more of such shifts consecutively.

(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 Sat- urday or Sunday or public holiday.

9.—Rest Period After Overtime. (1) When overtime work is necessary, it shall wherever

reasonably practicable, be so arranged that workers have at least eight consecutive hours off duty between the work of successive days.

(2) A worker, other than a casual worker, who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next that he has not at least eight consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(3) If, on the instructions of his employer, such a worker resumes or continues work without having had such eight consecutive hours off duty, he shall be paid for such period and he shall then be entitled to be absent until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

10.—Wages. (1) Basic Wage (per week): $

Adult Males 44.00 (2) Adult Males (margin over basic wage per

week): Plant Operator 21.75 Assistant Plant Operator 16.75 General Labourer 13.00 Storeman 19.00

(3) Notwithstanding the provisions of this agreement no adult male worker shall be paid less than $57 per week as ordinary rates of pay in respect of the ordinary hours of work prescribed by this agreement. Where the said minimum rate of pay is applicable to a worker for work in ordinary hours, the same rate shall be applicable to the calculation of overtime and all other penalty rates, payable during sick leave and annual leave and for all other purposes of this agreement.

11.—Extra Rates and General Conditions. (1) Dirt Money:

"Workers employed on work of an unusually dirty or obnoxious nature and whose marginal rate con- tains no monetary allowance for working under such conditions shall be paid nine cents per hour in addition to the daily rate of pay.

The officer in charge shall decide whether work is dirty work within the meaning of this clause.

(2) Protective Equipment: (a) The employer shall have available a sufficient

supply of protective equipment (as, for example, safety helmets, goggles and gloves) for use by his workers when engaged on work for which some protective equipment is reasonably necessary. Workers required to work in the rain shall, on request, be supplied with gum boots and/or oilskins by special arrangement with the management.

(b) Every worker shall sign an acknowledgement on receipt of any article of protective equipment and shall return same to the employer when he has finished using it or on leaving his employment.

(c) No worker shall lend another such worker any article of protective equipment issued to such first mentioned worker, and if same are lent, both the lender and the borrower shall be deemed guilty of wilful misconduct.

12.—Higher Duties. If a worker is employed on work classified at a higher

minimum than his ordinary work for more than two hours in any shift, he shall be paid the minimum rate for such work for the whole of the shift. If he is employed for less than two hours, he shall be paid at his ordinary rate for the whole shift.

13.—Contract of Service. (1) Except in the case of casual workers whose engage-

ment shall be by the day, the contract of service shall be by the week and shall be terminable by one week's notice given on either side on any day. If the employer or the worker fails to give the required notice, one week's wages shall be paid or forfeited.

(2) The employer shall be under no obligation to pay for any day not worked upon which the worker is required to present himself for duty, except such absence from work is due to illness and comes within the provisions of clause 17, or such absence is on account of holidays, annual leave or long service leave to which the worker is entitled under the provisions of this Agreement.

(3) This clause does not affect the right to dismiss for wilful misconduct.

14.—Breakdowns. The employer shall be entitled to deduct payment for

any day or portion of a day on which the worker cannot be usefully employed because of any strike by the Union or Unions affiliated with it, or by any other Association or Union associated with it or through the breakdown of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent with the exception of wet weather in which case the decisions as to whether it is too wet to work shall rest with the officer in charge.

15.—Time and Wages Book. The employer shall keep or cause to be kept, a time and

wages record, wherein shall be entered the name of each worker, the class of work performed by each worker, the wages paid to each such worker, the starting and finishing time on each day and the amount of overtime, if any. Such book shall be open for inspection by an accredited representative of the Union at the plant office during working hours.

16.—Casual Workers. Workers employed for less than one week shall be paid

15 per cent above the rate specified for the work.


attendance on the ground of personal ill-health for one sixth of a week's pay for each completed month of service.

(b) The unused portion of the entitlement prescribed in paragraph (a) hereof in any accruing year shall be allowed to accumulate and may be availed of in the next or any succeeding year.


(c) Payment hereunder may be adjusted at the end of each accruing year, or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness in that year to a greater allowance than that made at the time the sickness occurred.

_ (2) This clause shall not apply where the worker is entitled to compensation under the workers' Compensation Act, 1912.

(3) No worker shall be entitled to the benefit of this clause unless he produces proof to the satisfaction of the employer or his representative of such sickness provided that the employer shall not be entitled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year.

(4) No payment shall be made for any absence due to the worker's own fault, neglect or misconduct.


consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer after a period of twelve months' continuous service with that employer.

(2) (a) A seven day shift worker, i.e., a shift worker who is rostered to work regularly on Sunday and holidays shall be allowed one week's leave in addition to the leave to which he is otherwise entitled under this clause.

_ (b)_ Where a worker with twelve months' continuous service is engaged for part of a qualifying twelve monthly

eriod as a seven day shift worker, he shall be entitled to ave the period of annual leave to which he is otherwise

entitled under this clause increased by one-twelfth of a week for each completed month he is continuously engaged.

(3) If any holiday under this Agreement falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordinary working day, there shall be added to that period one day being an ordinary working day for each such holiday as aforesaid.

(4) (a) Subject to paragraph (b), when computing annual leave due under this clause, no deduction shall be made from such leave in respect of the period that a worker is on annual leave and/or holidays: Provided that no deduction shall be made for any approved period a worker is absent from duty through sickness, with or without pay, unless the absence exceeds three calendar months, in which case deduction may be made for such excess only.


(5) After one month's continuous service in any qualifying twelve monthly period a worker whose employment terminates shall be paid, in respect of each completed month of continuous service in that qualifying period, one quarter of a week's pay at his ordinary rate of wage if his employment is terminated by the employer through no fault of the worker.

(6) Any worker who may resign or be dismissed from the service for any cause, other than for peculation or theft, shall be entitled to receive payment for any annual leave which may have been due up to the time of leaving the service: Provided that if the worker has been dismissed for peculation or theft, no claim for annual leave shall be recognised. Misconduct herein referred to shall not affect accumulated annual leave or payment therefor.

(7) "Ordinary Wages" for the purpose of subclause (1) hereof, shall mean the rate of wage the worker has received for the greatest proportion of the calendar month prior to his taking the leave.


19.—Public Holidays. (1) (a) The following days or the days observed in lieu

shall, subject as hereinafter provided, be allowed as holidays, without deduction of pay, namely: New Year's Day, Australia Day (January 26), 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 paragraph.

(b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed in the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(2) (a) A worker who is required to work on a holiday prescribed herein in his ordinary hours of work shall be paid for the time worked at the rate of time and a half, and shall in addition be allowed a day's leave with pay to be added to annual leave or taken at some other time if the worker so agrees. Provided that in lieu of the foregoing, and subject to agreement between the employer and the worker, the time worked may be paid for at the rate of double time and a half. If a worker is required to work on a holiday outside of his ordinary hours of work he shall be paid for the time worked at the rate of double time and a half.

(b) A continuous shift worker 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 worker so agrees.

(c) When a worker is off duty owing to leave without pay or sickness, including accidents on or off duty, except time for which he is entitled to claim sick pay, any holiday falling during such absence shall not be treated as a paid holiday.

Where a worker is on duty or available on the working day immediately preceding a holiday, or resumes duty, or is available on the working day immediately following a holiday, as prescribed in this clause, the worker shall be entitled to a paid holiday on all such holidays.

(d) A casual worker shall not be entitled to payment for any holiday referred to in this clause.

20.—Board of Reference. (1) In the event of a dispute the parties agree to apply

to the Commission for a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to the Regulations of the Industrial Arbi- tration Act (Western Australian Industrial Commission) Regulations, 1971.

(2) The Board of Reference is hereby assigned to the function of determining any dispute between the parties in relation to any matter which, under this agreement, may be allowed, approved, fixed, determined or dealt with by a Board of Reference.

21.—Long Service Leave. The conditions governing the granting of Long Service

Leave to Full time Government wages employees generally shall apply to workers covered by this Agreement.


"the union" means the union party to this agreement; "unionist" means a worker who is a member of the

union; "non-unionist" means a worker who is not a member

of the union.



(a) unless he has already applied for membership of the union in the manner prescribed by the rules of the union, apply for such membership in the manner so prescribed within seven days of receiving from an accredited representative of the union, a copy of those rules, a copy of this clause, and an application form for membership;


(c) thereafter remain a unionist whilst so employed. (3) Subclause (2) of this clause does not apply to any


membership of the union, issued and in force pursuant to Section 61B, of the Industrial Arbi- tration Act, 1912-1971;

(b) who, prior to the expiration of the seven days referred to in that subclause, has applied for such certificate of exemption, unless and until that application is finally determined under that section;


(4) (a) Where the secretary of the union has notified an employer that a non-unionist to whom the provisions of subclause (2) of this clause apply has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than twenty-four hours to the exclusion of any well-conducted unionist who is employed, by or who applies for employment with that employer and who is adequately experienced and otherwise competent in the work performed by that non-unionist and is of the sex to which that work is allotted by this agreement or where the agreement makes no such provision, by custom.

(b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non-unionist by his employer the provisions of clause 13 of this agreement are hereby declared inoperative in respect of that dismissal but only if—

(i) A unionist is engaged to commence work in the place of a non-unionist; and




(b) applies to that employer for employment on that work—




(d) is of the sex to which the work concerned is allotted to this agreement, or, where the agreement makes no such provision, by custom.


(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B of the Industrial Arbi- tration Act, 1912-1971.


23.—Right of Entry. With the permission of the officer in charge, any officer

of the union authorised in writing by the President and Secretary of such union shall have the right to enter the premises at all reasonable times for the purpose of conversing with or interviewing members of the union covered by this Agreement.

Provided that such officer shall not hamper or otherwise hinder the workers in the carrying out of their work.

The officer in charge shall determine whether workers are being hampered or hindered in their work.

Signed for and on behalf of the W.A. Chemical & Allied Trades Industrial Union of Workers—

R. GALLOP, In the presence or D. C. LIPPIATT.

[L.S.] Signed for and on behalf of the

Hon. Minister for Industrial Development

S. CONSTANTTNE, In the presence of L. HAYDEN.

fL.S.]

INDUSTRIAL AGREEMENTS—

Amendment or

Variation of—

HARBOUR MAINTENANCE AND SERVICE.

(A.W.U., Bunbury.)

Agreement No. 21 of 1971.



ralian Branch, Industrial Union of Work- ers, Applicant, and Bunbury Port Author- ity, Respondent.

HAVING heard Mr. H. Barry on behalf of the applicant and Mr. C. F. Westcott on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The Western Austra- lian Industrial Commission, in pursuance of an allocation to me under section 54 of the In- dustrial Arbitration Act, 1912-1971, and in pursuance of the powers contained in section 42 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the A.W.U. Bunbury Harbour Maintenance and Services Industrial Agreement No. 21 of 1971, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall


take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 1st day of November, 1973.


Schedule. Clause 5—Wages: Delete this clause and insert in


$ (1) (a) Maintenance and Service Hands 74.90

(b) (i) Storeman (Current employee only) 83.05 (ii) Storeman 76.40

(c) (i) Watchmen (Current employees only) 74.90

(ii) Watchmen 70.20 (2) Gangers: Gangers appointed as such by the

employer shall be paid in accordance with the following grades:

Grade 4 78.70 Grade 3 80.40 Grade 2 82.10 Grade 1 84.00 Special 85.80

(3) Leading Hands: Leading hands, appointed as such by the employer shall be paid $1.00 per day in addition to his rate prescribed in subclause (1) of this clause.

(4) Industry Allowance: In addition to the rates prescribed in this clause a worker shall be paid an allowance at the rate of $4.50 per week to com- pensate for the disabilities associated with the industry.

Complaint No. 108 of 1973. Between United Timber Yards, Sawmills and

Woodworkers Employees' Union of West- em Australia, complainant, and Patrick George Donovan, defendant.

Charge: Breach of Award No. 11 of 1951 on 10th May, 1973, at Leederville, failing to apply for membership of complainant union contrary to clause 23.

Mr. H. W. Olney of Counsel for complainant.

Mr. R. Viol of Counsel for defendant. Before P.J. Sharkey, Esq., Industrial Magis-

trate. 21st September, 1973.

Decision. THIS was a complaint by the United Timber Yards, Sawmills and Woodworkers Employees' Union against the defendant, Patrick George

Donovan, alleging that the defendant on 10th May, 1973, being a party bound by Award No. 11 of 1951, committed a breach of the award in that he failed to make application for membership of the complainant union within seven days of being supplied with the necessary application form, a copy of the rules of the union and a copy of clause 23—Preference to Unionists—by an accredited representative of the complainant union, contrary to clause 23 of the award.

The evidence reveals that at the material time, Mr. Roy Hillier, the secretary of the complainant union, who knew the defendant for approximately 12 months, served on Mr. Donovan some papers, namely, a copy of the Preference to Unionists clause, an admittance card to the union and a copy of the registered rules.

This had followed on from earlier invitations to join the union, Mr. Donovan not being a member of the complainant union, and therefore not a unionist within the meaning of the clause.

Mr. Donovan was, at all material times, employed by Cullity Timber (Sales) Pty. Ltd. where Mr. Hillier had seen him organising the loading of a truck and driving that truck, and clearly Mr. Donovan was a driver and therefore within the classification of worker envis- aged by the award.

About fourteen days after 2nd May, 1973, the defendant told Mr. Hillier that he had joined the Transport Workers Union and that he had not applied for exemption from membership of the complainant union.

The defendant had at no time previously claimed to be a member of any other union.

The premises conducted by Cullity Timber Sales Pty. Ltd. consists of office and timber storage buildings, together with a space where timber consisting of softwood, plywood and particle board is stored both under shelter and in the open. In another shed on the premises there is a planing machine.

There is a list of respondents named to the award and in the last 20 years Mr. Hillier has been employed by Millars Timber and Trading Co. and Whittakers amongst those respondents.

Plywood is distributed, after manufacture by a firm named Westply through Millars Timber and Trading, Cullitys, Runnings and Whittakers.

Particle board is distributed through the same outlets as the plywood.

Bunnings, which is a respondent also to the award, conduct a business involving the distribution of hardwoods and soft woods and also the dressing of these timbers.


The planing machine at Cullity's dresses the timbers for orders. It is a machine of the same size as other machines in the other timber companies' premises but the others have a lot more machines.

Westply products are carted to various sites by Transport Workers Union members. Mr. Hillier's view was that Westply was a milling establishment.

The situation is that at the premises of Bunnings about half the workers are engaged in machining and dressing timber, but at Cullity Timber Sales Pty. Ltd. there is only one person employed in this aspect.

However, those companies are certainly also engaged in distribution.

All of the named respondents referred to in evidence perform some distribution work and half their workers would be involved in distribution and half in dressing.

Cullity's are involved mostly in the distribution of ready milled wood.

The W.A. Salvage Co., another named respondent, sells timber from old houses and one respondent conducts a joinery business.

The proviso to subclause 2 of the union's rules specifically excludes from membership of the complainant union persons employed in box factories, plywood and veneer factories eligible to join the Transport Workers Union.

Bunnings, who are named respondents to the award, sell imported softwoods among other things.

The defendant called no evidence, and the defence was that the work carried on by Cullity Timber Sales, the defendant's employer, was vastly different from that carried on by the respondents named in the schedule to the award so that S.85 of the Act did not apply.

The scope clause reads—"This award shall apply to all workers following the vocations mentioned herein and employed in the industries carried on by the named respondents".

That is how it reads as it appears in W.A.I.G. Vol. 2. P. 117.

Originally the scope clause contained a reference to "industry" in the singular.

The question is whether the defendant performs one of the vocations mentioned in the award. Clearly he falls within the classification of driver from the evidence.

The next question and a more vexing one is whether the defendant "is employed in the industries carried on by the named respondents".

Mr. Viol regarded it as a problem for the complainant that the work "industries" was used in the scope clause on the basis that

before a worker could be said to be bound by the award, it must be shown that a worker must be involved in the various industries carried on by the respondents and he elaborated on this argument to explain that it followed that the complainant must show that the defendant was engaged in the type of work performed by the named respondents, i.e., that he must be involved in the various industries if there are various industries carried on by the respondents.

In addition, his submission was that Cullity Timbers was purely a timber distributing organisation, but that half of the work of the named respondents to the award involved dealing with timber and the other half in taking and distributing it. In essence his submission was that Cullity Timber Sales was a retailing organisation and therefore the defendant was not employed in the industries carried on by the respondents.

He went further and said that for the defendant to be bound by the award his employer would have to carry on all the industries carried on by the named respondents to the award, but I cannot hold with that.

Mr. Olney referred me to the decision of the Industrial Appeal Court in W.A. Carpenters Union v. Terry Glover Vol. 50 W.A.I.G. Pt. 2 p. 704 where reference was made to the dictum of Burnside J. in Amalgamated Engin- eers v. Parker and Son (1926) 6 W.A.I.G. 377.

"The common object which it is sought to attain by the combined efforts of the employer and the worker indicates the industry in which they are engaged".

One has to make a finding of fact as to the industry carried on by the named respondents (see Nevile J. at P. 705—Glover's Case).

In his view, once this is done, then the limits of the industry are established either upon the consideration of the industry carried on by one respondent, or by adding the industry of one respondent to that of another and treating an industry to which the award relates which is wider in its spread than the industry carried on by any single respondent. By way of illustration, an award may be expressed to relate to the industries carried on by respondent A and respondent B and the facts may show that respondent A builds houses but always on foundations put in by another and that respondent B builds houses including foundations but never completes the roof.

Such an award would then relate to the building of houses including foundations and roof and that would be the industry to which it relates and the limits of the industry would be so defined.


Once that is done, then the award is bind- ing on all employers employing workers within the award classifications in that industry and at all points within it and would cover employees whose business is confined to the doing of particular work in the construction of a house.

In Glover's case the defendant was engaged in fixing windows and other respondents were engaged in both fabricating and fixing windows. These matters were also discussed by J.M. Forrest Esq. I. M., in W.A. Shop Assist- ants and Warehouse Employees Industrial Union of Workers Perth v. Vickers Hadwa Pty. Ltd. Vol. 53 W.A.I.G. Part 1 p. 462.

"But for the decision in Terry Glover's case (op cit) I may have erred into being over in- fluenced by the industry "Category" appear- ing in the award and holding that an industry is to be classified as to its principal activity".

In this case, on the available evidence, Millars and Whittakers and Runnings are described as distributors of timber softwoods imported, hardwoods, particle board and plywood.

Cullity Timber Sales also distribute these materials. The plywood and particle board is carted to their premises as it is to Bunnings. The evidence is clear that at Bunnings an amount of processing, if I can call it that, of timber is performed and a negligible amount comparatively at Cullitys. However, there is no evidence but that Whittakers and Millars act almost solely as distributors of timber and inferentially the premises of all these companies are used to store a quantity of timber since they are engaged in distribution and/or processing and of necessity would hold or store large quantities of timber on the premises.

Quite clearly the processing involved at Bunnings relates not to milling or primary machining of timber but to the preparation of timber prior to distribution.

In my view, the limits of the industry stretch from persons who apparently engage in joinery through persons who virtually only distribute timber to persons who partly distribute and partly dress timber.

Within the principles discussed in Glover's case, Cullity Timber Sales are engaged in the same industry (as I have described above) as the named respondents I have mentioned.

Section 85 applies. The complaint is proven. There will be a conviction.

West Australian Amalgamated Society of Railway Employees' Union of Workers and Western Australian Government Railways Commission.

No. 420 of 1972. A compulsory conference was held, on several occasions, before Chief Industrial Commission- er, Mr. B. M. O'Sullivan, and Mr. Commis- sioner G. G. Halliwell. The conference commenced on the 28th April, 1972, and the final session was held on the 22nd August, 1973.

The conference was convened at the request of the union and concerned a dispute over ex- cessive noise at the Midland Workshops caused by work required on aluminium wagons.

The union accepted the proposed solution of the Railways Commission dated 31st August, 1973, and the conference was concluded.

Workers' Union, Westralian dustrial Union of Workers.

Iranch, In-

No. 1234 of 1973. A compulsory conference was held before Mr. Commissioner G. G. Halliwell on the 3rd October, 1973 at Pannawonica.

The conference was convened at the request of Cliffs Robe River Associates and concerned refusal by members of the Australian Workers' Union at Pannawonica to perform normal duties as directed.

After discussion the Commissioner made certain recommendations which were accepted by both parties and the conference was formally concluded.

Johns and W a y g o o d Pty. Ltd; Amalgamated Engineering Union of Workers of Western Australia and Elec- trical Trades Union of Workers of Aus- tralia (Western Australian Branch), Perth.

No. 1288 of 1973. A compulsory conference was convened before Mr. Commissioner B. J. Collier on his own volition at the Western Australian Industrial Commission, 638 Murray Street, West Perth on the 19th October, 1973.

It concerned a stoppage of work by members of the above unions at Johns & Waygood Pty. Ltd.

(Sgd.) B. J. COLLIER.


Swan Brushware Limited and Federated Miscellaneous Workers' Union of Aus- tralia, West Australian Branch, Union of Workers.

No. 1251 of 1973. A compulsory conference was held before Mr. Commissioner G. G. Halliwell at the Western Australian Industrial Commission, 638 Murray Street, West Perth on Wednesday, 10th October, 1973.

The conference was convened at the request of Swan Brushware Limited and concerned the date of operation of negotiated increases in rates of pay.

Goldsworthy Mining Limited and The Fed- erated Engine Drivers and Firemen's Union of Workers of Western Australia.

No. 1253 of 1973. A compulsory conference was held before Mr. Commissioner G. G. Halliwell at Goldsworthy on the 12 October, 1973.

The conference was convened at the request of Goldsworthy Mining Limited and concerned housing at Goldsworthy and a ban on overtime by shovel drivers.

The Western Australian Carpenters and Joiners, Bricklayers and Stone workers Industrial Union of Workers and Fluor Australia Pty. Ltd.

No. 1260 of 1973. A compulsory conference was held before Mr. Commissioner G. G. Halliwell at the Western Australian Industrial Commission, 638 Murray Street, West Perth on the 30th October, 1973.

The conference was convened at the request of the union and concerned dust money at the employers' project at Dampier.

Mt. Newman Mining Co. Pty. Limited and Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch.

No. 1263 of 1973. A compulsory conference was held before Mr. Commissioner G. G. Halliwell at Mt. Newman on Wednesday, 17th October, 1973.

The conference was convened at the request of the company and concerned disciplinary measures taken against a truck driver after he had caused an accident.

Hamersley Iron Pty. Limited and Merchant service Guild of Australia, Western Aus- tralian Section, Union of Workers & Australian Institute of Marine and Power Engineers, Western Australian Union of Workers.

No. 1265 of 1973. A compulsory conference was held before Mr. Commissioner G. G. Halliwell at Dampier on the 18th and 19th October, 1973.

The conference was convened at the request of Hamersley Iron Pty. Limited and concerned—

(1) A strike by members of the site unions at Dampier on 15.10.73 and a decision by those unions that the strike will continue until such time as certain demands are acceded to by the company.

(2) The breach of Agreement No. 12 of 1972 by those unions and their members, including the refusal to act under the provisions of clause 27 of that Agreement.

Hamersley Iron Pty. Limited and Amalgamated Engineering Union of Workers of Western Australia & Austra- lian Workers' Union, Westralian Branch, Industrial Union of Workers.

No. 1314 of 1973. A compulsory conference was held before Mr. Commissioner G. G. Halliwell at Dampier on the 19th October, 1973.

The conference was convened at the request of Hamersley Iron Pty. Limited and concerned the allocation of work in the pellet plant.

Amalgamated Engineering Union of Work- ers of Western Australia and Fluor Aus- tralia Pty. Ltd.

No. 1252 of 1973. A compulsory conference was held before Mr. Commissioner G. G. Halliwell at Dampier on 16th October, 1973 and then continued in Perth at the Western Australian Industrial Commission, 638 Murray Street, West Perth on the 23rd October, 1973.

The conference was convened at the request of the union and concerned a claim of 30 cents per hour to be paid to workers whilst employed on the Pellet. Plant, D.S.O., Ship Loader, Ore Stackers, Car Dumpers, and equipment at East Intercourse Island at Dampier.


BOARDS OF REFERENCE—

Special—

Long Service Leave—

In the matter of the Iron Ore Production and Processing Award No. 1A of 1972 and in the matter of an application to the Spe- cial Long Service Leave Board thereunder.

Before Messrs R. R. Ellis, Chairman: D. W. Cooley, Worker's Representative, and H. J. De Burgh, Employer's Representative

Decision. (1) In this matter Mr. P. Murray, applied to

the Board for a determination that he was eligible for pro rata Long Service Leave. The application was made under Clause 22 (9), of the Iron Ore Production and Processing Award 1972. It was claimed that Mr. Murray was required to terminate his services on the grounds of domestic or other pressing necessity. Service was not disputed.

(2). Mr. Murray first approached the Man- ager of Dampier Mining Company at Koolyanobbing in mid September requesting special leave to return to England for approximately six months. He stated that it was necessary for him to go due to his wife's nervous condition.

(3). Evidence was led that Mrs Murray had been receiving tranquillising tablets from the local Doctor in Southern Cross. Mr. L. McGuinness for the Company established under cross examination of Mrs Murray, that on the 19th July, 1973 she had confirmed a booking, including herself, her husband and two children to return to England on the 25th October, 1973. Both Murray and his wife attested that Murray was not aware that his wife had made the booking until mid- September. In support of his case Murray pro- duced a list of the family's visits to the Doctor over a lengthy period. Under cross examination Mrs Murray admitted that the entries on this document for the 3rd and the 17th August, were to receive injections necessary to travel overseas. Both entries indicated that at these visits to the Doctor's surgery, Mr. Murray, Mrs Murray and the two children were present. With the concurrence of both advocates in this matter I have confirmed with Dr. Sivacolundhu, the Medical Practitioner involved, that Mr. Murray did receive in- noculations on the dates mentioned and that Murray was aware of the date he was returning to England at that time. In view of this confirmation the Board is satisfied that both Mr. and Mrs Murray attempted to mis- lead it.

(4). The Board is far from satisfied that the evidence of Murray and his wife should be accepted. Further, the Manager at Koolyanobbing stated that it was common knowledge in June or July in this small community that the Murrays were returning to England with two other families also living at Koolyanobbing. Mr. Hurley drew the Board's attention to a previous Decision in the case of Regan v Wonderlich Ltd. (WAIG Vol. 52, p. 173). In that case the Board placed a great deal of weight on the evidence of the applicant having had the opportunity to observe him at first hand. Following that procedure in this case, we place very little weight on the evidence of the applicant and his supporting witness.

(5). Accordingly, we unanimously find, and the onus to prove in the initial instance rests with the applicant, that in this matter the applicant has not satisfied the Board as required under Clause 22, subclause 9, of the Award and therefore the application is dismissed.

Dated at Perth this 1st day of November, 1973.

R. R. ELLIS, Chairman.

UNIONS—Amendment of Rules

FURNITURE TRADES UNION.

NOTICE. I, the undersigned, Assistant Registrar of the Western Australian Industrial Commission, hereby give notice that, pursuant to directions given to me by the Commission in Court Session in an order dated the 18th day of October, 1973, I have this day registered amendments of the registered rules of The United Furniture Trades Industrial Union of Workers, W.A.

The said direction is set out at the foot of this notice.


L. Y. HITCHEN, Assistant Industrial Registrar.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION

File No. 293 of 1922 In the matter of the Industrial Arbitration

Act, 1912-1971, and in the matter of an application by the United Furniture


Trades Industrial Union of Workers, W.A., for amendment of its registered rules.

HAVING heard Mr. J. P. Fitzgerald on behalf of the applicant union, there being no party desiring to be heard in opposition thereto, and upon being satisfied that the requirements of the abovementioned Act and Regulations made thereunder have been complied with, the Commission in Court Session, pursuant, to the powers vested in it by section 23 of the said Act, doth hereby direct the Registrar to register an amendment in respect of rules numbered 3, 5, 6, 12, 13, 14, 15, 16, 19, 28, 36, 38, 42, 43, 44 and 48 in the terms of the application as filed on the 13th day of September, 1973, and in respect of sub-rule (e) of rule 13 add the following—

The Secretary-Treasurer shall forthwith notify the Industrial Registrar in writing of the altered contributions prescribed by rule 7.


By the Commission in Court Session,

(Sgd.) E. R. KELLY, [L.S.] Commissioner

CLOTHING AND ALLIED TRADES UNION.

NOTICE. I, the undersigned, Assistant Registrar of the Western Australian Industrial Commission, hereby give notice that, pursuant to directions given to me by the Commission in Court Session in an order dated the 18th day of October, 1973, I have this day registered amendments of the registered rules of The Western Australian Clothing and Allied Trades' Industrial Union of Workers, Perth.



L. Y. KITCHEN, Assistant Industrial Registrar.


File No. 272 of 1922 In the matter of the Industrial Arbitration

Act, 1912-1971, and in the matter of an application by the West Australian Clothing and Allied Trades Industrial Union of Workers for amendment of its registered rules.

HAVING heard Mrs. R. Geneff on behalf of the applicant union, there being no party desiring to be heard in opposition thereto, and upon being satisfied that the requirements of the abovementioned Act and the Regulations made thereunder have been complied with, the Commission in Court Session, pursuant to the powers vested in it by section 23 of the said Act, doth hereby direct the Registrar to register an amendment of the rules of the applicant union in the terms of the application as filed on the 13th day of September, 1973, in respect of rule numbered 27—Admission to Membership, subject to the following directions given by this Commission in Court Session in proceedings of the 18th day of October, 1973—

Rule 27—Admission to Membership: Delete the word "other" in the first

line of the third paragraph. Delete the subparagraph heading (i)

in paragraph (b). Delete paragraph (ii) in paragraph

(b).


By the Commission in Court Session,


GOVERNMENT WATER, SEWERAGE AND DRAINAGE

EMPLOYEES' UNION. NOTICE.

I, the undersigned, Assistant Registrar of the Western Australian Industrial Commission, hereby give notice that, pursuant to directions given to me by the Commission in Court Session in an order dated the 12th day of October, 1973, I have this day registered amendments to Rule No. 6 of the registered rules of the Government Water, Sewerage and Drainage Employees' Industrial Union of Workers.



L. Y. KITCHEN, Assistant Industrial Registrar.



File No. 569 of 1915. In the matter of the Industrial Arbitration

Act, 1912-1968, and in the matter of an application by the Government Water, Sewerage and Drainage Employees' Indus- trial Union of Workers, for amendment of its rules.

HAVING read the application herein, there being no party desiring to be heard in opposition thereto, and upon being satisfied that the requirements of the abovementioned Act and the regulations made thereunder have been complied with, the Commission in Court Session, pursuant to the powers vested in it by section 23 of the said Act, doth hereby direct the Registrar to register an amendment of the rules of the applicant union in the terms of the application as filed on the 10th day of September, 1973, and as endorsed by the Act- ing Certifying Solicitor, in respect of Rule 6.—Membership and Contributions. Dated at Perth this 12th day of October,

1973. By the Commission in Court Session,

D. E. CORT, Commissioner.

UNIONS—

Cancellation of Registration—

EASTERN GOLDFIELDS SHOP ASSISTANTS AND WAREHOUSE

EMPLOYEES' UNION.

THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION.

In the matter of the Industrial Arbitration Act, 1912-1971, and in the matter of an application by the Eastern Goldfields Shop Assistants and Warehouse Employ- ees' Industrial Union of Workers for cancellation of its registration.

HAVING read the application herein and having satisfied myself that the cancellation of the registration of the abovenamed Union is desired by a majority of its members and that the requirements of the abovementioned Act and the regulations made thereunder have been complied with, and acting in pursuance of the powers conferred on me under section

29 (1) of the said Act, I hereby cancel the registration of The Eastern Goldfields Shop As- sistants and Warehouse Employees' Industrial Union of Workers as from the date hereof.


L. Y. HITCHEN, Asst. Industrial Registrar.

REFERENCE OF

INDUSTRIAL DISPUTE—

Preliminary Hearing—

Objection to an Award being

made—


Reference No. 23 of 1968. Between Maritime Workers' Union of Western

Australia, Union of Workers, Applicant, and Metropolitan (Perth) Passenger Transport Trust, Respondent.

Before Mr. Commissioner E.R. Kelly. The 28th day of September, 1973.

Mr. P.L. Troy and Mr. J. C. Wells on behalf of the applicant.

Mr. R. S. Lane on behalf of the respondent.

Judgment. THE COMMISSIONER: It appears to me from what has been said this morning that I should uphold the objection of the respondent to the making of an award on this reference. The matter was adjourned on llth October, 1968, with a finding by the Commission that it felt there was substance in the objection, and it was adjourned for the purpose of satisfying the Commission that there was in fact no need for an award of the Commission to protect the interests of the workers to whom the reference relates.

It appears to me from what has been put to the Commission this morning that there is a demonstration that no such need does exist. The workers who are engaged in what one might term the maritime operations of the Trust are, for their conditions of employment, other than wages, covered by an award obtained by a maritime union and dealing with the maritime operations of the Trust in which these workers are employed. That seems to me to be an appropriate basis on which to base


the regulation of their employment, particularly when it is borne in mind that they spend 50 per cent, of their time working under that award as masters.

The basis of fixation of the rate of pay for deckhands does not, on its face, appear to be an unreasonable basis, keeping a relationship within the Trust's operations as a whole; but, in any event, it is not an unalterable basis and presumably if the workers concerned and the union that has made the agreement are so minded at any time, they can open negotiations with the Trust if they have what they regard as a more appropriate basis on which to determine the rates of pay; but view- ing the matter as a whole, it appears to me, as I have said, that the industrial interests of the workers concerned do not demand an additional award to be made on this reference and for the foregoing reasons, the reference will be dismissed.


Reference No. 23 of 1968.

Between Maritime Workers' Union of Western Australia, Union of Workers, Applicant, and Metropolitan (Perth) Passenger Transport Trust, Respondent.

HAVING heard Mr. P. L. Troy and Mr. J. C. Wells on behalf of the applicant and Mr. R. S. Lane on behalf of the respondent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 71 of the Industrial Arbitration Act, 1912-1971, and all other powers therein enabling me, do hereby order and declare—

That Reference of Industrial Dispute numbered 23 of 1968 be dismissed.



APPRENTICES—

Reduction of Term of Regis-

tered

Apprenticeship Agreements—

THE Western Australian Industrial Commis- sion has approved of the term of the agreements of apprenticeship as set out in the ac- companying schedule being reduced by the periods shown.

23rd October, 1973. R. R. ELLIS,

Industrial Registrar.

Order No; Name of Apprentice; Trade; Name of Employer; Reduction Approved; Date of Order.

846/73; Wayne Rodney Evans; Panel Beating; G.B. Payne & Co; Deemed to have been completed as at July 6, 1973; June 29, 1973.

848/73; Robert William Sealey; Scientific In- strument Making; The State Electricity Commission of Western Australia; Four years; June 29, 1973.

849/73; Peter Joseph Thorp; Carpentry & Joinery; Geraldton Building Co.; six months; June 29, 1973.

847/73; Barry Ian Lindsay; Panelbeating; Don Seubert; five years to four years; June 29, 1973.

850/73; Keith Meyers; Electrical Installing; W. J. Webb & Co. Pty. Ltd.; Deemed to have been completed as at July 6, 1973; June 29, 1973.

851/73; Albert Klaassen; Electrical Installing; North Beach Electrical Pty. Ltd.; Five years to four years; June 29, 1973.

852/73; Jim Dautopulos; Motor Mechanic; City Motors Pty. Ltd.; Five years to four years; June 29, 1973.

853/73; Alexander Fredrick Kapica; Panel- beating; G. & P. Turner; Five years to four years; June 29, 1973.

901/73; Janice Norm a Kirton; Ladies Hair- dressing; J. L. Robertson; July 19, 1973; July 13, 1973.

908/73; Kimley John McKenzie; First Class Welding; Malcolm Terence Brown; Deemed to have been completed as at July 23, 1973; July 16, 1973.

909/73; Norman Phillip Kitson; Plumbing; Beers Plumbing Service Pty. Ltd.; Three weeks; July 16, 1973.

910/73; Alan George Basley; Boilermaking; Thomas Gerald Laverty; Deemed to have been completed as at July 23, 1973.


911/73; Christopher Robin James; Electrical Fitting; The State Electricity Commission of Western Australia; Five years to four years; July 16, 1973.

912/73; Graham George Pearce; Carpentry & Joinery; David John Campbell; Five years to four years; July 16, 1973.

846/73; Wayne Rodney Evans; Panel Beating; G. B. Payne & Co. Deemed to have been completed as at 6th July, 1973; 29.6.73.

913/73; Robert Sidney Evans; Carpentry & Joinery; Metropolitan Water Supply Sew- erage and Drainage Board; Five years to four years; 16th July, 1973.

914/73; Glen Leo Hutchens; Plumber; Chris- tian Larsen; Five to four years; 16th July, 1973.

915/73; Steven Edward Parker; Carpenter & Joiner; L. Lilleyman Pty. Ltd; Six months; 16th July, 1973.

916/73; Gary Craig Richardson; Fitter & Turn- er; Callcott & Downey Pty. Ltd; Six months; 16th July, 1973.

917/73; Damien Riolo; Electrical Installer; G. & S. Electrical Engineering Services Pty. Ltd; Eleven months; 16th July, 1973.

918/73; Allan Stocker Painting (Vehicle Build- ing); Peter Mazalevskis; Deemed to have been completed as at 23rd July, 1973; 16th July, 1973.

919/73; Peter John Douglas; Carpenter & Join- er; Geraldton Building Co. Pty. Ltd; Five to four years; 16th July, 1973.

920/73; Robert Francis Mitchell; Painting (Vehicle Building); Victor Michael Parin; Deemed to have been completed as at 23rd July, 1973; 16th July, 1973.

921/73; Graeme Ronald Loffman; Signwriter; Peters Ice Cream (W.A.) Limited; Five to four years; 16th July, 1973.

933/73; Robyn Kaye Reeves; Ladies' Hair- dresser; J. H. & J. Kieneker; Deemed to have been completed as at 24th July, 1973; 17th July, 1973.

934/73; Coralie Anne Corlett; Ladies' Hair- dresser; A. E. Masotto; Deemed to have completed as at 24th July, 1973.

935/73; Brian Anthony Ruane; Carpenter & Joiner; Gold Mines of Kalgoorlie (Aust) Limited; Five to four years; 17th July, 1973.

936/73; Michael Gerrard Lewis; Carpenter & Joiner; Metropolitan Water Supply, Sew- erage and Drainage Board; Five to four years; 17th July, 1973.

937/73; Allan Keith Foster; Carpenter & Join- er; Honourable Minister for Works; Deemed to have completed as at 24th July, 1973; 17th July, 1973.

938/73; Kenneth John Norton; Carpenter & Joiner; John Brian McMahon; Seven months; 17th July, 1973.

939/73; Jeffrey Wayne Budd; Fitter & Turner; Lake View and Star Limited; Five to four years; 17th July, 1973.

940/73; Gary Colin Hodson; Hand Composer (Printing); William Charles Brown; Five to four years; 17th July, 1973.

941/73; Christopher Holman Carthew; Boil- ermaker; Western Mining Corporation; Five to four years; 17th July, 1973.

997/73; James Preece; Sheetmetal Worker; Os- borne Metal Industries Pty. Ltd; Deemed to have been completed as at 3rd August, 1973; 27th July, 1973.

998/73; Ross W. Pike; Cabinetmaker; M & G Cabinet Works; Deemed to have been completed as at 3rd August, 1973; 27th July, 1973.

990/73; Peter Glen Davies; Panelbeater; Morley Park Panel Beaters; Five to four years; 27th July, 1973.

999/73; Paul Kimberley Wills; Motor Mechan- ic; Anderson Ford Pty. Ltd; Five to four years; 27th July, 1973.

1000/73; Kim Raymond Anderson; General Butchering; James Charles Marshall; Deemed to have been completed as at 3rd August, 1973; 27th July, 1973.

1001/73; Terrence 10015/873; Rodgers; Wood- machining; Associated Shopfitters Pty. Ltd; Four months; 27th July, 1973.

1002/73: Brendan Lawrence Kinsella; Elec- trical Installer; Thomas Aidan Kinsella; Six months; 27th July, 1973.

1017/73; Allen Wright; Carpenter & Joiner; Western Mining Corporation Ltd. (Kambalda Nickel Operations); Five to four years; 27th July, 1973.

1018/73; Alan Christie Russell; Trimmer; Western Australian Government Railways Commission; Six months; 27th July, 1973.

1026/73; Ronald William Allen; Carpenter & Joiner; H. & R. Construction Pty. Ltd; Deemed to have been completed as at 9th August, 1973; 2nd August, 1973.

1031/73; William Thomas Corti; Electrical Fitter; The University of Western Austra- lia; Five to four years; 6th August, 1973;

1032/73; Dorothy Isobel Hockey (Nee Mitchell); Ladies' Hairdresser; R. G. Keay & S. Davidovic; Deemed to have been completed as at 13th August, 1973; 6th August, 1973.

1033/73; Peter Lhota; Refrigeration Fitter; Pinakis Refrigeration Works Pty. Ltd; Five to four years; 6th August, 1973.


1034/73; Gary James Johnson; Electrical Installer; D. A. Drury & Co.; Five to four years; 6th August, 1973.

1035/73; Leonard Peter Hendriks; Carpenter & Joiner; Public Works Department; Five to four years; 6th August, 1973.

1036/73; Christopher Mark Runeckles; Elec- trical Fitter; Five to four years; A.E.I. (Engineering) Pty. Ltd; 6th August, 1973.

1037/73; Gregory John Sharman; Electrical Fitter; F. R. Tulk & Co.; Five to four years; 6th August, 1973.

1038/73; Kevin John Bassford; Motor Mechan- ic; The State Electricity Commission of Western Australia; Five to four years; 6th August, 1973.

1039/73; Ross Hooper; Painter; B. A. Henneker & Co.; Five to four years; 6th August, 1973.

1040/73; Michael Joseph Simunovich; Motor Mechanic; Goddard Motors Pty. Ltd; Five to four years; 6th August, 1973.

1041/73; Thomas Reginald Pfaff; Scientific In- strument Maker; Metropolitan Water Supply, Sewerage and Drainage Board; Five to four years; 6th August, 1973.

1042/73; Donald Malcolm Maiklem; Electrical Fitter; The Western Australian Govern- ment Railways Commission; Six months 6th August, 1973.

1043/73; Gary Raymond Scott; Electrical Installer; Metals Exploration N.L.; Six months; 6th August, 1973.

1067/73; Adel Marie Kopec; Ladies Hair- dresser; Ronald George Keay & Susan Davidovic; 21st August, 1973; 14th August, 1973.

1068/73; Ronald Maria Clynk; Panelbeater; Johanes Bertina; 21st August, 1973; 14th August, 1973.

1069/73; Alfred Anthony Giuffre; Painter (Vehicle); Automarine Osborne Park Pty. Ltd; Five to four years; 14th August, 1973.

1084/73; Robert Herzog; Motor Mechanic; Hamersley Iron Pty. Ltd; Six months; 20th August, 1973.

1085/73; Jeffrey Francis Carter; First Class Welder and Steel Constructor; Six months; Bradshaws Pty. Ltd; 20th August, 1973.

1086/73; Wayne Michael Phipps; Mechanical Fitter; The Western Australian Govern- ment Railways Commission; Six months; 20th August, 1973.

1087/73; Kenneth Skellern; Cabinet Maker; Rodney Howard Cohen & Harry Cohen; Five to four years; 15th August, 1973.

1088/73; Peter Martin Geary; Steel Construc- tor; Forwood Down W.A. Pty. Ltd; Five to four years; 20th August, 1973.

1089/73; Reginald Peter Toohey; Plumber; A. J. Barnes Pty. Ltd; Five to four years; 15th August, 1973.

1090/73; Patrick Joseph Ahern; Steel Con- structor; Forwood Down W.A. Pty. Ltd; Five to four years; 20th August, 1973.

1091/73; Johnathon Charles Hayes; Boil- ermaker & First Class Welder; Forwood Down W.A. Pty. Ltd; Five to four years; 20th August, 1973.

1097/73; Garry Maxwell Jones; General Butch- ering; L. A. & V. Kershaw; Deemed to have been completed as at 27th August, 1973; 20th August, 1973.

1098/73; 'Mary Jacqueline Hobson; Ladies' Hairdressing; Regent Enterprises Pty. Ltd; Deemed to have been completed as at 27th August, 1973; 20th August, 1973.

1106/73; Rosetta Rosalia Torre; Ladies' Hair- dresser; Sebastiano Yano Palazzo; Deemed to have been completed as at 30th August 1973; 23rd August, 1973.

1107/73; Robert Leslie Bushby; Electrical Fitter; Western Australian Government Railways; Five years to four years; 23rd August, 1973.

1108/73; Roderick Malcolm Scott; Tim- bermachining; D. K. Swingler & Col.; Five to four years; 27th August, 1973.

1124/73; Francis Xavier O'Grady; Motor Me- chanic; Bell Bros. Pty. Ltd; Six months; September, 1973.

1141/73; John Holding; Motor Mechanic; Shack Parts and Services; Five to four years; September, 1973.

1142/73; Stephen Allan Payne; Motor Me- chanic; Australian Iron & Steel Pty. Ltd; Three months; 7th September, 1973.

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