[57]

Westei

[Registered at the General Post Office, Perth, for Transmission by Post as a Newspaper] Single Copy 25 c., Annual Subscription $6

WEDNESDAY, 22nd MARCH, 1967 Jo. 47—Part 1

13. Piecework. 14. Open Kiln Burners (when on Hand Firing). BRICKYARD EMPLOYEES. 15. Continuous Kiln Burners. 16. General. (Housebrieks.) 17. Payment of Wages. BEFORE THE WESTERN AUSTRALIAN 18. Under-rate Workers. INDUSTRIAL COMMISSION. 19. Absence Through Sickness. 20. Holidays and Annual Leave. No. 15 of 1966. 21. Time and Wages Record. Between the Federated Brick, Tile and Pottery 22. Posting of Award. Industrial Union of Australia (Union of 23. Board of Reference. Workers) Western Australian Branch, Appli- 24. Long Service Leave. cant and Metropolitan Brick Co. Pty Ltd, Mid- 25. Representative Interviewing Workers. land Brick Co. Pty Ltd, and Hawker Siddeley *26. Preference to Unionists. Building Supplies Pty Ltd, Respondents. * Denotes disputed clause. CHIEF INDUSTRIAL COMMISSIONER S. F. SCHNAARS, in pursuance of the powers and juris- 3.—Scope. diction conferred upon him by section 50 of the This award shall apply to all workers employed Industrial Arbitration Act, 1912-1966, doth hereby by the respondents in the classifications described make the following award in connection with the in clause 11 hereof engaged in the manufacture of industrial dispute between the abovenamed housebrieks (except firebricks and tapestry bricks). parties. Award. 4.—Area. 1.—Title. This award shall apply within the South-West This award shall be known as the Brickyard Land Division in the State of Western Australia. (Housebrick) Award 1967 and replaces Award No. 20 of 1958, as amended. 5.—Term. The term of this award shall be for a period of 2.—^Arrangement. three years as from the beginning of the first pay Title. period commencing on or after the date hereof. Arrangement. Scope. 6.—Contract of Service. Area. One day's notice shall, with the exception of Term. waste, sand and bag boys, in whose case one week's Contract of Service. notice shall be required be necessary to terminate Breakdowns. the engagement of all workers. In the event of Hours. an employer or a worker failing to give the required Overtime. notice, one day's wages shall be paid or forfeited Shift Work. (with the exception of waste, sand and bag boys, Wages. in whose case one week's wages shall be paid or Mixed Functions. forfeited). 58 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

Provided that an employer may at any time (8) Notwithstanding anything contained here- dismiss a worker for refusal or neglect to obey in— orders, for misconduct, or if after receiving the (a) an employer may require any worker to prescribed notice he does not carry out his duties work reasonable overtime at overtime in the same manner as he did prior to such notice. rates and such worker shall work overtime in accordance with such requirement. 7.—^Breakdowns. (b) the union or any worker or workers cov- The employer shall be entitled to deduct payment ered by this award, shall not in any way, for any day or portion of a day upon which the whether directly or indirectly be a party worker cannot be usefully employed because of any to or concerned in any ban, limitation or strike by the union or unions affiliated with it or restriction upon the working of overtime by any other association or union or through the in accordance with the requirements of breakdown of the employer's machinery or any this subclause. stoppage of work by any cause which the employer cannot reasonably prevent. 10.—Shift Work. 8.—Hours. (1) Where two or more shifts in any one day are Except as otherwise provided in this award, the worked, the hours of shift workers shall be such following shall apply:— as are mutually agreed upon between the employer and the union. Failing agreement, the hours of (1) Forty hours shall constitute the ordinary shift workers shall be fixed by the Board of Refer- week's work. ence. (2) The hours of work except in the case of open kiln burners and shift workers shall (2) The penalty rates for shift work shall be not exceed eight hours per day Monday to 5 per cent, for afternoon shift and 10 per cent, Friday inclusive to be performed between for night shift. 7 a.m. and 5.30 p.m. (3) (a) Where any particular process, if carried (3) The starting and finishing time having out on shifts other than day shift, and less than been established in any yard or works, five consecutive afternoon or five consecutive night shall not be varied until the union has shifts are worked on that process, then workers been notified. employed on such afternoon or night shifts shall be paid at overtime rates. 9.—Overtime. (1) Except in the case of open kiln burners and (b) The sequence of work shall not be deemed shift workers, work performed beyond the number to be broken under the preceding paragraph by of ordinary working hours in any day, or beyond reason of the fact that work on the process is not forty hours in any one week, or before the pres- carried out on a Saturday or Sunday or on any cribed starting or after the prescribed finishing holiday. time, shall be deemed to be overtime. Liberty is Provided that this subclause shall not apply to reserved to apply to amend the provisions of this burners. subclause. (2) In the case of shift workers all work per- 11.—Wages. formed outside the rostered hours of duty shall be The minimum rates of wages payable to workers deemed to be overtime. covered by this award shall be as follows:— (3) Overtime shall be paid for at the rate of $ time and a half for the first four hours and (1) Basic Wage (per week) 33.50 double time thereafter. (2) Adult Males (margin over basic wage (4) Work performed on Sunday and on the per week): holidays prescribed by Clause 20 (1) hereof shall Front end loaders over 130 b.h.p 11.85 be paid for at the rate of double time. Bulldozer driver 8.45 Provided that this shall not apply to burners who Fork lift driver 8.45 shall only be paid at the rate of double time for Setter 8.40 work performed on the holidays prescribed by Drawer 8.40 clause 20 (1) hereof. Moulder, presser, fancy bricks .... 8.40 (5) Workers under the age of eighteen years Clayhole motor loco driver 8.40 shall not, as far as practicable, be called upon to Palette loader, off conveyor 8.00 work between the hours of midnight and 6 a.m. Powder monkey 7.50 (6) As far as practicable when overtime is Off bearer 7.50 worked, any worker who is called upon to work Burners "continuous" 7.50 such overtime shall be selected from amongst those Burners "down draught" 7.50 workers performing the class of work that is re- Burners "zig zag" using pulverised quired to be done during the time that such over- coal 7.50 time is worked. Burners, in charge, open kiln .... 7.50 Brick lifter, lifting on to off bearers (7) (a) A worker required to work overtime for barrow 7.50 more than two hours without being notified on Hand presser 7.15 the previous day or earlier that he will be so Machine driver, rigging and plating 6.50 required to work, shall be supplied with any meal Loader out to trucks, truck loader 8.40 required by the employer or paid sixty cents for Damperman 6.35 a meal. Man winding 5.65 (b) No such payments need to be made to a Man in charge wirecut machines, worker living in the same locality as his place of 20,000 bricks and over per day .... 5.65 work who can reasonably return home for such Burner, ordinary kilns 6.45 meals. Burner's assistant, "zig zag" kiln 5.35 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 59

$ (2) All burners employed on full night shift Clayhole worker 5.35 shall be kept on until after the last complete feed Machine driver ordinary 5.35 on that night. Burners working on broken shifts Pan driver 5.35 shall be paid one hour in addition to the actual Taker-off, trucker, assistant setter 5.35 time worked at the conclusion of the last feed. Scintler .... 5.35 (3) Not less than two men shall be employed on Wheeler in 5.35 kilns containing up to fifty-five thousand bricks Mill feeder 5.35 when in full fire. Coal wheeler 5.35 Palette loader, dry bricks 5.35 (4) On kilns containing over fifty-five thousand Drillman, shalepit .... 6.25 bricks and up to seventy-five thousand bricks when Crusher driver, Armadale yard .... 6.35 in full fire, not less than three men shall be em- Crusher driver's assistant, Armadale ployed. yard 5.35 (5) On kilns containing over seventy-five thou- Machine driver, "zig zag" yard, sand bricks when in full fire, not less than four Armadale 8.40 men shall be employed. Sorter Packer 6.70 (6) An ordinary burner shall not be allowed to (3) Junior Workers (under 21 years of work on one kiln for more than two nights in one age) (per cent, of male basic wage week, such two nights not to be consecutive. per week): % (7) Work performed on a Saturday or Sunday Taker oif, single machine 88 shall be paid for at the rate of time and a half. Loft attendant 88 Such work shall be confined to work connected with Waste boy 54 burning only. Firewood shall only be unloaded Column cutter 88 when it is required for a kiln then burning. Bag and sand boy 54 Mill feeder, winding 93 (8) All firewood, stopping and daub required at (4) Leading Hands: Any worker appointed as night shall be provided in proximity to the kilns. such and placed in charge of more than (9) When more than three burners are em- four other workers shall be paid $2.30 per ployed at night, one shall be placed in charge and week in addition to the rates prescribed paid as head burner. herein. (10) It shall be optional for a worker to refuse to wheel up a checker after having been employed 12.—Mixed Functions. as burner on the previous night. (1) A worker called upon to perform work carry- ing a higher rate than his usual rate of pay shall be entitled to payment at such higher rate for the 15.—Continuous Kiln Burners. period that he is actually engaged upon such work. (1) Coal landings shall not be less than three feet (2) A worker called upon to do work carrying a wide and shall be railed. lower rate than his usual rate of pay, for less than (2) The hours of burners shall not exceed one one half of a day, shall be paid for such work at hundred and sixty in twenty-eight consecutive days, his usual rate of pay. and shall be rostered so as not to exceed forty- eight in any one period of seven consecutive days in 13.—Piecework. the four-weekly period. (3) Burners performing work on Saturdays and/ (1) An employer may make a contract with a or Sundays shall be paid at the rate of time and a drawer for payment by results by piecework. half for such work and have one clear day off in (2) The rate of payment shall be fixed on the each week. basis that it shall be sufficient to yield to a drawer (4) Head burners appointed as such by the em- of average capacity for a full week's work of the ployer shall be paid at the rate of thirty cents per ordinary hours at least the minimum time rate of day in addition to the rates prescribed herein and pay recognised by customs for such week's work: Provided that, where a drawer works part of a full this extra payment shall be regarded as payment week at piecework rates and part at time rates, he for the extra work involved by such supervision. shall be paid so much as he is entitled to receive under such piecework rates, plus the proportionate 16.—General. amount which he is entitled to receive at time rates of pay recognised by custom for drawers. (1) Except where rubber-tyred vehicles are used plates or planks shall be provided for all wheelers (3) A drawer working under any system of pay- wheeling into the kiln in all places except where ment by results shall receive a least the time rate the ground to be wheeled on is hard. of pay recognised by custom for drawers. (4) In the event of any dispute regarding piece- (2) The employer shall supply oilskins to all work rates occurring and remaining unsettled be- workers whose work ordinarily makes it necessary tween the employer and the drawer, the employer for them to work out in the rain. or the union may refer such dispute to the Board (3) Hot water showers shall be provided for of Reference. workers working in or about the kilns. (4) Machine and pan drivers oiling machinery outside ordinary working hours shall be paid an 14.—Open Kiln Burners (when on Hand Firing). additional half-hour's pay per day at ordinary (1) Ten hours shall constitute a night's rates for performing such work. work, starting at 7 p.m. and finishing at 6 a.m. one (5) All waste and other material required for hour during that period being allowed for meals. cleaning shall be supplied by the employer. Any time so worked shall not count in the week's (6) Piecework rates for drawers shall be on truck work. or at stack. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

(7) Where aprons are used by open kiln burners, (5) No worker shall be entitled to the benefits they shall be provided by the employer or altern- of this clause unless he produces proof satisfactory atively an allowance of 5 cents per shift shall be to his employer of sickness, but the employer shall paid to the burners. not be entitled to a medical certificate unless the (8) Where the temperature of the kiln ascer- absence is for three days or more. tained at a height of five feet six inches from the ground and at a distance of one foot six inches from (6) Notwithstanding the provisions of subclause the face of the bricks is over 130 deg. F., the men (5) hereof, a worker, who in any calendar year, has then working in the kiln may without prejudice to already been allowed paid sick leave on one occasion their employment, discontinue working in the kiln for one day only, or less, shall not be entitled to until the heat is reduced to 130 deg. F., the ther- payment for any further absence unless he pro- mometer to be kept in the kiln until the mercury duces to the employer a medical certificate stating ceases its upward movement. that he was unable to attend for duty on account (9) Tunnel kiln operators and assistants, whose of personal ill-health. duties include the manual lifting of tunnel kiln (7) Sick leave shall accumulate from year to doors, shall be paid a clothing allowance of twenty- year so that any balance of the period specified in five cents per week. 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, 17.—Payment of Wages. subject to the conditions hereinbefore prescribed, (1) All wages shall be paid on the job within shall be allowed by his employer in any subsequent twenty minutes of the close of the day's work at year without diminution of the sick leave prescribed least once a fortnight. in respect of that year. Provided that sick leave (2) When a worker is discharged, or leaves his which accumulates pursuant to this subclause shall employer legally, at or before the usual time, he be available to the worker for a period of two years shall be paid all wages due to him within one day but not longer from the end of the year in which of ceasing work. it accrues. (3) Where an obligation to pay a final amount contains a decimal figure of .5 of a cent or more, the amount to be paid shall be the next whole cent. 20.—Holidays and Annual Leave. Example: 5.5 cents becomes 6 cents. Where the (1) (a) The following days, or the days observed amount to be paid contains a decimal figure of less in lieu shall subject to Clause 9 be allowed as holi- than .5 of a cent, such decimal figure shall be dis- days without deduction of pay, namely—New Year's regarded. Example: 5.4 cents becomes 5 cents. Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sov- 18.—Under-rate Workers. ereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holi- (1) Any worker who by reason of old age or in- day by arrangement between the parties, in lieu firmity is unable to earn the minimum wage may of any of the days named in the subclause. be paid such lesser wage as may from time to time be agreed upon in writing between the union and (b) Where Christmas Day or New Year's Day the employer. falls on a Saturday or a Sunday, such holiday shall (2) In the event of no agreement being arrived be observed on the next succeeding Monday and at the matter may be referred to the Board of where Boxing Day falls on a Sunday or a Monday Reference for determination. such holiday shall be observed on the next suc- (3) After application has been made to the ceeding Tuesday; in each such case the substituted Board, and pending the Board's decision, the work- day shall be deemed a holiday without deduction er shall be entitled to work for and be employed of pay in lieu of the day for which it is substi- at the proposed lesser rate. tuted. (2) On any public holiday not prescribed as a 19.—Absence Through Sickness. holiday under this award the employer's establish- (1) A worker shall be entitled to payment for ment or place of business may be closed, in which non-attendance on the ground of personal ill- case a worker need not present himself for duty health at the rate of one-twelfth of a week's pay and payment may be deducted, but if work be done for each completed month of service: Provided that ordinary rates of pay shall apply. subject to subclause (7) hereof, payment for ab- (3) Any worker absenting himself from work on sence through such ill-health shall be limited to the whole or any portion of the working day pre- one week's pay in each calendar year. ceding or on the whole or any portion of the work- (2) Payment hereunder may be adjusted at the ing day succeeding a holiday provided for herein end of each calendar year or at the time the work- shall not be entitled to payment for such holiday. er leaves the service of the employer, in the event of the worker being entitled by service subsequent (4) Except as hereinafter provided, a period of to the sickness to a greater allowance than that three consecutive weeks' leave with payment of made at the time the sickness occurred. ordinary wages as prescribed shall be allowed (3) This clause shall not apply when the worker annually to a worker by his employer after a period is entitled to compensation under the Workers' of twelve months' continuous service with that Compensation Act. employer. (4) A worker shall not be entitled to receive any (5) If any award holiday falls within a worker's wages from his employer for any time lost through period of annual leave and is observed on a day any accident not arising out of or in the course of which in the case of that worker would have been his employment or for any accident wherever sus- an ordinary working day there shall be added to tained arising out of his own wilful default or for that period one day being an ordinary working day sickness arising out of his own wilful default. for each such holiday observed as aforesaid. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 61

(6) If after one month's continuous service in 23.—Board of Reference. any qualifying twelve-monthly period a worker (1) The Commission hereby appoints, for the leaves his employment or his employment is ter- purposes of this award, a Board of Reference con- minated by the employer through no fault of the sisting of a chairman and two other members who worker, the worker shall be paid one-quarter of a shall be appointed pursuant to regulation 80 of the week's pay at his ordinary rate of wage in respect of Industrial Arbitration Act (Western Australian each completed month of continuous service. Industrial Commission) Regulations 1964. (7) (a) A continuous kiln burner, that is a burn- (2) The Board of Reference is hereby assigned er who is rostered to work regularly on Sunday and the function of allowing, approving, fixing, deter- holidays shall be allowed one week's leave in addit- mining or dealing with any matter of difference be- ion to the leave to which he is otherwise entitled tween the parties in relation to any matter which, under this clause. under this award, may be allowed, approved, fixed, (b) Where a worker with twelve months' con- determined or dealt with by a Board of Reference. tinuous service is engaged for part of a qualifying twelve monthly period as a seven day shift worker, 24.—Long Service Leave. he shall be entitled to have the period of annual leave to which he is otherwise entitled under this The Long Service Leave provisions published in clause increase by one-twelfth of a week for each Volume 44 of the Western Australian Industrial completed month he is continuously so engaged. Gazette at pages 606 to 612 inclusive are hereby incorporated in and shall be deemed to be part of (8) Any time in respect of which a worker is this award. absent from work except time for which he is en- titled to claim sick pay or time spent on holidays 25.—Representative Interviewing Workers. or annual leave as prescribed by this award shall not count for the purpose of determining his right (1) On notifying the employer or his representa- to annual leave, tive an accredited representative of the union shall be permitted to interview a worker during the (9) In the event of a worker being employed by recognised meal hour on the business premises of an employer for portion only of a year, he shall the employer at the place at which the meal is only be entitled, subject to subclause (6) of this taken but this permission shall not be exercised clause, to such leave on full pay as is proportionate without the consent of the employer more than to his length of service during that period with such once in any one week. employer, and if such leave is not equal to the leave (2) In the case of a disagreement existing or given to the other workers he shall not be entitled anticipated corncerning any of the provisions of to work or pay whilst the other workers of such this award, an accredited representative of the employer are on leave on full pay. union, on notifying the employer or his representa- (10) A worker who is justifiably dismissed for tive, shall be permitted to enter the business prem- misconduct shall not be entitled to the benefit of ises of the employer to view the work the subject the provisions of this clause. of any such disagreement but shall not interfere in (11) In special circumstances and by mutual any way with the carrying out of such work. consent of the employer, the worker and the union concerned, annual leave may be taken in not more 26.—Preference to Unionists. than two periods. (1) In this clause— (12) Notwithstanding anything else herein con- "the union" means the Federated Brick, Tile tained, an employer who observes a Christmas close- and Pottery Industrial Union of Workers, down for the purpose of granting annual leave may Western Australian Branch. require a worker to take his annual leave in not "unionist" means a worker who is a member of more than two periods but neither of such periods the union. shall be less than one week. "non-unionist" means a worker who is not a member of the union. (2) Subject to the provisions of this clause it is 21.—Time and Wages Record. a condition of employment under this award that The employer shall keep and enter up, or cause each non-unionist shall— to be kept and entered up, a record containing— (a) unless he has already applied for member- (a) the name of each worker to whom this ship of the union in the manner prescribed award applies; by the rules of the union, apply for such (b) the class of work performed by him; membership in the manner so prescribed within seven days of receiving, from an (c) the hours worked each day by him; accredited representative of the union, a (d) the wages (and overtime, if any) paid to copy of those rules, a copy of this clause him; and an application form for membership; (e) the ages of junior workers. (b) upon being notified that he has been ac- Such record shall be open to inspection by a cepted as a member of the union, do such representative of the union not more than once things as may be required under the rules weekly, between the working hours of 10 a.m. and of the union in relation to his admission to 4 p.m. membership; and (c) thereafter remain a unionist while so em- 22.—^Posting of Award. ployed. (1) Notices relating to meetings in connection (3) Subclause (2) of this clause does not apply with the union shall be allowed to be exhibited in to any worker— each yard. (a) who holds a certificate of exemption from (2) A copy of this award, if supplied by the membership of the union issued and in union shall be allowed to be posted in a place easily force pursuant to section 61B of the Indus- accessible to the workers. trial Arbitration Act, 1912-1966; 62 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

(b) who, prior to the expiration of the seven BRICKYARD EMPLOYEES. days referred to in that subclause, has (Firebrick and Tapestry Bricks.) applied for such a certificate of exemption, unless and until that application is finally BEFORE THE WESTERN AUSTRALIAN determined under that section; or INDUSTRIAL COMMISSION. (c) for the unexpired portion of any period in No. 16 Of 1966. respect of which he has, prior to commenc- Between the Federated Brick, Tile and Pottery ing employment under this award, paid Industrial Union of Australia (Union of membership fees on his own behalf to Workers) Western Australian Branch, Appli- another union. cant, and H. L. Brisbane and Wunderlich Ltd, Clackline Refractories Pty Ltd, and Hawker (4) (a) Where the secretary of the union has Siddeley Building Supplies Pty Ltd, Respon- notified an employer that a non-unionist to whom dents. the provisions of subclause (2) of this clause apply has failed or refused to comply with those provi- CHIEF INDUSTRIAL COMMISSIONER S. F. sions, that non-unionist shall not be retained in SCHNAARS, in pursuance of the powers and juris- employment by that employer for more than diction conferred upon him by section 50 of the twenty-four hours to the exclusion of any well- Industrial Arbitration Act, 1912-1966, doth hereby conducted unionist yho is employed by, or who make the following award in connection with the applies for employment, with that employer and industrial dispute between the abovenamed parties. who is adequately experienced and otherwise com- petent in the work performed by that non-unionist, Award. and is of the sex to which that work is allotted by 1.—Title. this award, or, where the award makes no such This award shall be known as the Brickyard provision, by custom. (Firebrick and Tapestry Bricks) Award 1967 and (b) Where paragraph (a) of this subclause replaces Award No. 9 of 1959, as amended. operates so as to require the dismissal of a non- unionist by his employer the provisions of Clause 6 2.—Arrangement, of this award are hereby declared inoperative in re- 1. Title. spect of that dismissal but only if— 2. Arrangement. (i) a unionist is engaged to commence work 3. Scope. in the place of the non-unionist; and 4. Area. 5. Terms. (ii) that the dismissal does not become effec- 6. Hours. tive before the unionist has so commenced. 7, Shift Work. 8. Overtime. (5) A non-unionist shall not be engaged for any 9. Wages. work to the exclusion of a well-conducted unionist 10. Mixed Functions. if that unionist— 11. Under-rate Workers. 12. Payment of Wages. (a) is adequately experienced in and compet- 13. Contract of Service. ent to perform that work; 14. Breakdowns, etc, (b) applies to that employer, for employment 15. Holidays and Annual Leave. on that work— 16. Absence through Sickness. (i) not later than the time at which the 17. Time and Wages Record. non-unionist applies; or 18. Posting of Award. (ii) within the time specified by that 19. General. employer in any advertisement call- 20. First Aid. ing for such applications, 21. Board of Reference. whichever is the later; 22. Long Service Leave. 23. Representative Interviewing Workers. (c) is able to commence work at the time re- *24. Preference to Unionists. quired by the employer; and * Denotes disputed clause. (d) is of the sex to which the work concerned is allotted by this award or where the 3.—Scope. award makes no such provision, by custom. This award shall apply to all workers employed by the respondents in the classifications described (6) Subclause (5) of this clause does not apply in clause 11 hereof engaged in the manufacture of to a non-unionist— firebrick and tapestry bricks. (a) who holds a certificate of exemption from membership of the union issued and in 4.—Area. force pursuant to section 61B of the Indus- This award shall apply over the area comprised trial Arbitration Act, 1912-1966; or within a radius of eighty miles from the General (b) for the period between the date on which Post Office, Perth. he applies for such a certificate and the date on which that application is finally 5.—Term, determined under that section. The term of this award shall be for a period of three years as from the beginning of the first pay period commencing on or after the date hereof. In witness whereof this award has been signed 6.—Hours. by the said Commissioner this 10th day of Febru- Except as otherwise provided in this award, the ary, 1967. following shall apply:— (Sgd.) S. F. SCHNAARS, (1) Forty hours shall constitute the ordinary IL-S-l Commissioner. week's work. 22 March, 1967.J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 63

(2) The hours of work except in the case of 9.—Wages. open kiln burners and shift workers shall not exceed eight hours per day Monday to The minimum rates of wages payable to workers Friday inclusive to be performed between covered by this award shall be as follows:— $ 7 a.m. and 5.30 p.m. (1) Basic Wage (per week) 33.50 7.—Shift Work. (2) Adult Males (margin over basic wage (1) Where two or more shifts in any one day are per week): worked, the hours of shift workers shall be such Fork lift driver 8.45 as are mutually agreed upon between the em- Setter 8.40 ployer and the union. Failing agreement, the Moulder 8.40 hours of shift workers shall be fixed by the Board Burner (down draught) 7.50 of Reference. Powder monkey 7.50 (2) The penalty rates for shift work shall be Off bearer and bricklifter 7.50 5 per cent- for afternoon shift and 10 per cent, Presser, hand press machine 7.10 for night shift. Crucible machine operator 6.90 (3) (a) Where any particular process if carried Wheeler Out 6.55 out on shifts other than day shift, and less than Burner (other kilns) 6.35 five consecutive afternoon or five consecutive night Machine driver (dry press or plas- shifts are worked on that process, then workers tic) 5,35 employed on such afternoon or night shifts shall Panman .... 5.35 be paid at overtime rates. Scintler 5.35 (b) The sequence of work shall not be deemed Wheeler for setting 5.35 to be broken under the preceding paragraph by Mill mixer 5.35 reason of the fact that work on the process is not Taker Off (dry press) 5.35 carried out on a Saturday or Sunday or on any Clayhole man (ordinary) 5.35 holiday. (3) Junior Workers (per cent, of male Provided that this subclause shall not apply to basic wage): % burners. Column cutter 88 8.—Overtime. Bag and sand boy 54 Taker off—single machine 88 (1) Work performed beyond eight hours on Monday to Friday inclusive, or beyond forty hours (4) Leading Hands: Any worker appointed as in any one week, or except in the case of shift such and placed in charge of more than work, before the prescribed starting or after the four other workers shall be paid $2.30 per prescribed finishing time, shall be deemed as over- week in addition to the rates prescribed time. Liberty is reserved to apply to amend the herein. pi-ovisions of this clause. (a) An employer may make a contract with (2) Overtime shall be paid for at the rate of a drawer for payment by results by time and a half for the first four hours and piecework. double time thereafter, except in the case of (b) The rate of payment shall be fixed on burners, where overtime shall be paid for at ordin- the basis that it shall be sufficient to ary time rates. yield to a drawer of average capacity (3) All work performed on Sundays and the for a full week's work of the ordinary holidays prescribed in clause 15 (1) hereof shall hours, at least the minimum time rate be paid for at the rate of double time. of pay recognised by custom for such week's work: Provided that, where a (4) Notwithstanding anything contained here- drawer works part of a full week at in—■ piecework rates, and part at time rates, (a) an employer may require any worker to he shall be paid so much as he is en- work reasonable overtime at overtime titled to receive under such piecework rates and such workers shall work over- rates, plus the proportionate amount time in accordance with such requirement. which he is entitled to receive at time (b) The union or any worker or workers rates of pay recognised by custom. covered by this award, shall not in any way, whether directly or indirectly, be a (c) A drawer working under any system of party to or concerned in any ban, limita- payment by results shall receive at tion or restriction upon the working of least the time rate of pay recognised overtime in accordance with the require- by custom for drawers. ments of this subclause. (d) In the event of any dispute regarding (5) Workers under the age of eighteen years piecework rates occurring and remain- shall not, as far as practicable, be called upon to ing unsettled between the employer and a drawer, the employer or the union work between the hours of midnight and 6 a.m. may refer such dispute to the Board of (6) (a) A worker required to work overtime for Reference. 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 any meal required 10.—Mixed Functions, by the employer or paid sixty five cents for a meal, (1) A worker called upon to perform work car- (b) No such payments need to be made to a rying a higher rate than his usual rate of pay worker living in the same locality as his place of shall be entitled to payment at such higher rate work who can reasonably return home for such for the period that he is actually engaged upon meals. such work. 64 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

(2) A worker called upon to do work carrying a (b) Where Christmas Day or New Year's Day lower rate than his usual rate of pay, for less than falls on a Saturday or a Sunday, such holiday shall one half of a day, shall be paid for such work at be observed on the next succeeding Monday and his usual rate of pay. where Boxing Day falls on a Sunday or a Monday such holiday shall be observed on the next suc- 11.—Under-rate Workers. ceeding Tuesday: in each such case the substituted (1) Any worker who by reason of old age or day shall be deemed a holiday without deduction infirmity is unable to earn the minimum wage may of pay in lieu of the day for which it is substituted. be paid such lesser wage as may from time to (2) On any public holiday not prescribed as a time be agreed upon in writing between the union holiday under this award the employer's establish- and the employer. ment or place of business may be closed, in which (2) In the event of no agreement being arrived case a worker need not present himself for duty at the matter may be referred to the Board of and payment may be deducted, but if work be Reference for determination. done ordinary rates of pay shall apply. (3) After application has been made to the (3) Any worker absenting himself from work on Board, and pending the Board's decision, the the whole or any portion of the working day pre- worker shall be entitled to work for and be em- ceding or on the whole or any portion of the ployed at the proposed lesser rate. working day succeeding a holiday provided for herein shall not be entitled to payment for such 12.—Payment of Wages. holiday. (1) All wages shall be paid on the job within twenty minutes of the close of the day's work at (4) Except as hereinafter provided, a period of least once a fortnight. three consecutive weeks' leave with payment of (2) When a worker is discharged, or leaves his ordinary wages as prescribed shall be allowed an- employer legally, at or before the usual time, he nually to a worker by his employer after a period shall be paid all wages due to him within one of twelve months' continuous service with that day of ceasing work. employer. (3) Where an obligation to pay a final amount (5) If any award holiday falls within a worker's contains a decimal figure of .5 of a cent or more, period of annual leave and is observed on a day the amount to be paid shall be the next whole which in the case of that worker would have been cent. Example: 5,5 cents becomes 6 cents. Where an ordinary working day there shall be added to the amount to be paid contains a decimal figure of that period one day being an ordinary working less than .5 of a cent, such decimal figure shall be day for each such holiday observed as aforesaid. disregarded. Example: 5:4 cents becomes 5 cents. (6) If after one month's continuous service in 13.—Contract of Service. any qualifying twelve-monthly period a worker One day's notice shall (with the exception of leaves his employment or his employment is ter- waste, sand and bag boys, in whose case one week's minated by the employer through no fault of the notice shall be required) be necessary to terminate worker, the worker shall be paid one-quarter of a the engagement of all workers. In the event of week's pay at his ordinary rate of wage in respect an employer or a worker failing to give the re- of each completed month of continuous service. quired notice, one day's wages shall be paid or forfeited (with the exception of waste, sand and (7) Any time in respect of which a worker is bag boys, in whose case one week's wages shall absent from work except time for which he is be paid or forfeited). entitled to claim sick pay or time spent on holidays Provided that an employer may at any time dis- or annual leave as prescribed by this award shall miss a worker for refusal or neglect to obey orders, not count for the purpose of determining his right for misconduct, or if after receiving the prescribed to annual leave. notice he does not carry out his duties in the same (8) In the event of a worker being employed by manner as he did prior to such notice. an employer for portion only of a year, he shall only be entitled, subject to subclause (6) of this 14.-—Breakdowns, etc. clause, to such leave on full pay as is proportion- The employer shall be entitled to deduct pay- ate to his length of service during that period with ment for any day or portion of a day upon which such employer, and if such leave is not equal to the worker cannot be usefully employed because of the leave given to the other workers he shall not any strike by the union or unions affiliated with be entitled to work or pay whilst the other workers it or by any other Association or union or through of such employer are on leave on full pay. the breakdown of the employer's machinery or any stoppage of work by any cause which the employer (9) A worker who is justifiably dismissed for cannot reasonably prevent. misconduct shall not be entitled to the benefit of the provisions of this clause. 15.—Holidays and Annual Leave. (10) In special circumstances and by mutual (1) (a) The following days, or the days ob- consent of the employer, the worker and the union served in lieu shall subject to Clause 8 be allowed concerned, annual leave may be taken in not more as holidays without deduction of pay, namely—• than two periods. New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Founda- (11) Notwithstanding anything else herein con- tion Day, Sovereign's Birthday, Christmas Day and tained, an employer who observes a Christmas Boxing Day, Provided that another day may be closedown for the purpose of granting annual leave taken as a holiday by arrangement between the may require a worker to take his annual leave in parties, in lieu of any of the days named in the not more than two periods but neither of such subclause. periods shall be less than one week. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 65

16.—Absence through Sickness. 19.—General. (1) A worker shall be entitled to payment for (1) Except where rubber-tyred vehicles are used non-attendance on the ground of personal ill- plates or planks shall be provided for all wheelers health at the rate of one-twelfth of a week's pay wheeling into the kiln in all places except where for each completed month of service: Provided the ground to be wheeled on is hard. that subject to subclause (7) hereof, payment for absence through such ill-health shall be limited to (2) The employer shall supply oilskins to all one week's pay in each calendar year. workers whose work ordinarily makes its necessary (2) Payment hereunder may be adjusted at the for them to work out in the rain. end of each calendar year or at the time the (3) Where aprons are used by open kiln burners worker leaves the service of the employer, in the engaged on wood firing, they shall be provided by event of the worker being entitled by service sub- the employer, or alternatively an allowance of sequent to the sickness to a greater allowance than five cents per shift shall be paid to burners. that made at the time the sickness occurred. (4) Where the temperature of the kiln ascer- (3) This clause shall not apply when the worker tained at a height of five feet six inches from the is entitled to compensation under the Workers' ground and at a distance of one foot six inches Compensation Act. from the face of the bricks is over 130 deg. P., the (4) A worker shall not be entitled to receive men then working in the kiln may without pre- any wages from his employer for any time lost judice to their employment, discontinue working through any accident not arising out of or in the in the kiln until the heat is reduced to 130 deg. P., course of his employment or for any accident the thermometer to be kept in the kiln until the wherever sustained arising out of his own wilful mercury ceases its upward movement. default or for sickness arising out of his own wilful default. (5) No worker shall be entitled to the benefits 20.—First Aid. of this clause unless he produces proof satisfactory Every yard shall be equipped with a First-aid to his employer of sickness, but the employer shall outfit, and such outfit shall be kept In a suitable not be entitled to a medical certificate unless the place not more than three hundred yards from absence is for three days or more. the place of employment. (6) Notwithstanding the provisions of subclause (5) hereof, a worker, who in any calendar year, has already been allowed paid sick leave on one 21.—Board of Reference. occasion for one day only, or less, shall not be (1) The Commission hereby appoints, for the entitled to payment for any further absence unless purposes of this award, a Board of Reference con- he produces to the employer a medical certificate sisting of a chairman and two other members who stating that he was unable to attend for duty on shall be appointed pursuant to regulation 80 of the account of personal ill-health. Industrial Arbitration Act (Western Australian In- (7) Sick leave shall accumulate from year to dustrial Commission) Regulations 1964. year so that any balance of the period specified in subclause (1) of this clause which has in any year (2) The Board of Reference is hereby assigned not been allowed to any worker by his employer the function of allowing, approving, fixing, deter- as paid sick leave may be claimed by the worker mining or dealing with any matter of difference and, subject to the conditions hereinbefore pre- between the parties in relation to any matter scribed, shall be allowed by his employer in any which, under this award, may be allowed, approved, subsequent year without diminution of the sick fixed, determined or dealt with by a Board of leave prescribed in respect of that year. Pro- Reference. vided that sick leave which accumulates pursuant to this subclause shall be available to the worker 22.—Long Service Leave. for a period of two years but not longer from The Long Service Leave provisions published in the end of the year in which it accrues. Volume 44 of the Western Australian Industrial Gazette at pages 606 to 612 inclusive are hereby 17.—Time and Wages Record. incorporated in and shall be deemed to be part of The employer shall keep and enter up, or cause this award. to be kept and entered up, a record containing— (a) the name of each worker to whom this 23.—Representative Interviewing Workers. award applies; (b) the class of work performed by him; (1) On notifying the employer or his representa- (c) the hours worked each day by him; tive an accredited representative of the union shall (d) the wages (and overtime, if any) paid to be permitted to interview a worker during the him; recognised meal hour on the business premises of (e) the ages of junior workers. the employer at the place at which the meal is Such record shall be open to inspection by a taken but this permission shall not be exercised representative of the union not more than once without the consent of the employer more than weekly, between the working hours of 10 a.m. and once in any one week. 4 p.m. (2) In the case of a disagreement existing or anticipated concerning any of the provisions of 18.—Posting of Award. this award, an accredited representative of the (1) Notices relating to meetings in connection union, on notifying the employer or his representa- with the union shall be allowed to be exhibited in tive, shall be permitted to enter the business pre- each yard. mises of the employer to view the work the sub- (2) A copy of this award, if supplied by the ject of any such disagreement but shall not inter- union shall be allowed to be posted in a place fere in any way with the carrying out of such easily accessible to the workers. work. 66 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

24.—Preference to Unionists. (5) A non-unionist shall not be engaged for any work to the exclusion of a well-conducted unionist (1) In this clause— if that unionist— "the union" means the Federated Brick, Tile and Pottery Industrial Union of Workers, (a) is adequately experienced in and com- Western Australian Branch; petent to perform that work; "unionist" means a worker who is a member (b) applies to that employer, for employment of the union; on that work— "non-unionist" means a worker who is not a (i) not later than the time at which the member of the union. non-unionist applies; or (ii) within the time specified by that (2) Subject to the provisions of this clause it is employer in any advertisement call- a condition of employment under this award that ing for such applications, each non-unionist shall— whichever is the later; (a) unless he has already applied for mem- bership of the union in the manner pre- (c) is able to commence work at the time scribed by the rules of the union, apply required by the employer; and for such membership in the manner so (d) is of the sex to which the work concerned prescribed within seven days of receiving, is allotted by this award or where the from an accredited representative of the award makes no such provision, by union, a copy of those rules, a copy of custom. this clause and an application form for membership; (6) Subclause (5) of this clause does not apply (b) upon being notified that he has been ac- to a non-unionist— cepted as a member of the union, do such (a) who holds a certificate of exemption from things as may be required under the rules membership of the union issued and in of the union in relation to his admission force pursuant to section 61B of the to membership; and Industrial Arbitration Act, 1912-1966; or (c) thereafter remain a unionist while so em- (b) for the period between the date on which ployed. he applies for such a certificate and the date on which that application is finally (3) Subclause (2) of this clause does not apply determined under that section. 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 In- In witness whereof this award has been signed dustrial Arbitration Act, 1912-1966; by the said Commissioner this 10th day of (b) who, prior to the expiration of the seven February, 1967. days referred to in that subclause, has applied for such a certificate of exemp- (Sgd) S. F. SCHNAARS, tion, unless and until that application is [L.S.] Commissioner. finally determined under that section; or (c) for the unexpired portion of any period in respect of which he has, prior to com- mencing employment under this award, paid membership fees on his own behalf to another union. (4) (a) Where the Secretary of the union has CEMENT TILE MANUFACTURING. notified an employer that a non-unionist to whom BEFORE THE WESTERN AUSTRALIAN the provisions of subclause (2) of this clause apply has failed or refused to comply with those pro- INDUSTRIAL COMMISSION. visions, that non-unionist shall not be retained in No. 3 of 1966. employment by that employer for more than twenty-four hours to the exclusion of any well- Between the Federated Brick Tile and Pottery conducted unionist who is employed by, or who Industrial Union of Australia (Union of applies for employment, with that employer and Workers) Western Australian Branch, Appli- who is adequately experienced and otherwise com- cant, and Monier Tile Co. W.A., and others as petent in the work performed by that non-unionist, per Schedule "A", Respondents, and is of the sex to which that work is allotted by CHIEF INDUSTRIAL COMMISSIONER S. F. this award, or, where the award makes no such SCHNAARS, in pursuance of the powers and provision, by custom. jurisdiction conferred upon him by section 50 of the Industrial Arbitration Act, 1912-1966, doth (b) Where paragraph (a) of this subclause oper- hereby make the following award in connection ates so as to require the dismissal of a non- with the industrial dispute between the above- unionist by his employer the provisions of Clause named parties. 13 of this award are hereby declared inoperative in respect of that dismissal but only if— Award. (i) a unionist is engaged to commence work 1.—Title. in the place of the non-unionist; and This award shall be known as the "Cement Tile (ii) that the dismissal does not become effec- Manufacturing Award 1967" and replaces Award tive before the unionist has so commenced. No. 36 of 1956, as amended. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

2.—Arrangement. (3) (a) Where any particular process if carried 1. Title. out on shifts other than day shift, and less than 2. Arrangement. five consecutive afternoon or five consecutive night 3. Area. shifts are worked on that process, then workers 4. Scope. employed on such afternoon or night shifts shall 5. Term. be paid at overtime rates. 6. Hours. 7. Shift Work. (b) The sequence of work shall not be deemed 8. Overtime. to be broken under the preceding paragraph by 9. Payment of Wages. reason of the fact that work on the process is not 10. Wages. carried out on a Saturday or Sunday or on any 11. Mixed Functions. holiday. 12. Contract of Service. 13. Breakdowns. 14. Under-rate Workers. 8.—Overtime. 15. Holidays and Annual Leave. 16. Absence through Sickness. (1) Woi'k performed beyond eight hours on Mon- 17. Board of Reference. day to Friday inclusive or beyond forty hours in 18. Junior Worker's Certificate. any week or except in the case of shift workers, 19. Time and Wages Record. before the prescribed starting time or after the 20. First Aid Outfit. prescribed finishing time, shall be deemed to be 21. Posting of Award. overtime. 22. Protective Clothing. Liberty is reserved to apply to amend the provi- 23. Long Service Leave. sions of this subclause. 24. Representative Interviewing Workers. (2) In the case of shift workers all work per- *25. Preference to Unionists. formed outside the rostered hours of duty shall be ,,, Denotes disputed clarise. deemed to be overtime. (3) Overtime shall be paid for at the rate of 3.—Area. time and a half for the first four hours and double time thereafter. This award shall apply within the South-West Land Division in the State of Western Australia. (4) (a) Work performed on Sunday and on the holidays prescribed by clause 15 hereof shall be paid for at the rate of double time. 4.—Scope. (b) Provided that at the option of the employer, This award shall apply to all workers employed an equivalent period may be added to the worker's by the respondents in the classifications described period of annual leave for all time worked on any in clause 10 hereof engaged in the manufacture of the holidays referred to in clause 15 hereof in of cement tiles. lieu of payment as prescribed in subclause (a) 5.—Term. hereof. The term of this award shall be for a period of (5) (a) A worker required to work overtime for three years as from the beginning of the first pay more than two hours without being notified on the period commencing on or after the date hereof. previous day or earlier that he will be so required to work, shall be supplied with any meal required by the employer or paid sixty-five cents for a 6.—Hours. meal. Except as otherwise provided in this award, the (b) No such payments need to be made to a following shall apply:— worker living in the same locality as his place of (1) Forty hours shall constitute the ordinary work who can reasonably return home for such week's work. meals. (2) The hours of work except in the case of shift workers shall not exceed eight hours (6) Notwithstanding anything contained herein— per day Monday to Friday inclusive to be (a) an employer may require any worker to performed between 7 a.m. and 5.30 p.m. work reasonable overtime at overtime rates (3) The starting and finishing time having and such worker shall work overtime in been established in any yard or works, accordance with such requirement; shall not be varied until the union has been (b) The union or any worker or workers notified. covered by this award, shall not in any (4) A worker shall not be compelled to work way, whether directly or indirectly be a for more than six hours without a break party to or concerned in any ban, limita- for a meal. tion or restriction upon the working of overtime in accordance with the require- ments of this subclause. 7.—Shift Work. (1) Where two or more shifts in any one day 9.—Payment of Wages. are worked, the hours of shift workers shall be such as are mutually agreed upon between the (1) All wages shall be paid on the job within employer and the union. Failing agreement, the twenty minutes of the close of the day's work at hours of shift workers shall be fixed by the Board least once a fortnight. of Reference. (2) When a worker is discharged, or leaves his (2) The penalty rates for shift work shall be employer legally, at or before the usual time, he 5 per cent, for afternoon shift and 10 per cent, shall be paid all wages due to him within one day for night shift. of ceasing work. 68

(3) Where an obligation to pay a final amount 14.—Under-rate Workers. contains a decimal figure of .5 of a cent or more, the amount to be paid shall be the next whole cent. (1) Any worker who by reason of old age or Example: 5.5 cents becomes 6 cents. Where the infirmity is unable to earn the minimum wage may amount to be paid contains a decimal figure of less be paid such lesser wage as may from time to than .5 of a cent, such decimal figure shall be dis- time be agreed upon in writing between the union regarded. Example: 5.4 cents becomes 5 cents. and the employer. (2) In the event of no agreement being arrived 10.—Wages. at the matter may be referred to the Board of The minimum rates of wages payable to workers Reference for determination. covered by this award shall be as follows:— (3) After application has been made to the $ Board, and pending the Board's decision, the (1) Basic Wage (per week) 33.50 worker shall be entitled to work for and be em- (2) Adult Males (margin over basic wage ployed at the proposed lesser rate. per week): Ridge Section— 15.—Holidays and Annual Leave. Hand presser, mixer, ridge maker (1) (a) The following days, or the days observed and finisher and stripper .... 5.80 in lieu shall subject to clause 8 be allowed as Tile Section— holidays without deduction of pay, namely—New Stripper and stacker 4.40 Year's Day, Australia Day, Good Friday, Easter Tile machine attendant 5.60 Monday, Anzac Day, Labour Day, Foundation Day, Pork lift driver 8.45 Sovereign's Birthday, Christmas Day and Boxing Colour operator 3.10 Day. Provided that another day may be taken as All other adult labour 2.35 a holiday by arrangement between the parties, in (3) Junior Workers (per cent, of male lieu of any of the days named in the subclause. basic wage per week): % (b) Where Christmas Day or New Year's Day 14 to 15 years of age 30 falls on a Saturday or a Sunday, such holiday 15 to 16 years of age 40 shall be observed on the next succeeding Monday 16 to 17 years of age 50 and where Boxing Day falls on a Sunday or a 17 to 18 years of age 60 Monday such holiday shall be observed on the next succeeding Tuesday; in each such case the 18 to 19 years of age 70 substituted day shall be deemed a holiday with- 19 to 20 years of age 80 out deduction of pay in lieu of the day for which 20 to 21 years of age 90 it is substituted. (4) Leading Hands: Any worker appointed as such and placed in charge of more than four (2) On any public holiday not prescribed as a other workers shall be paid $2.30 per week holiday under this award, the employer's estab- in addition to the rates prescribed herein. lishment or place of business may be closed, in which case a worker need not present himself 11.—Mixed Functions. for duty and payment may be deducted, but if (1) A worker called upon to perform work carry- work be done ordinary rates of pay shall apply. ing a higher rate than his usual rate of pay shall (3) Any worker absenting himself from work be entitled to payment at such higher rate for the on the whole or any portion of the working day period that he is actually engaged upon such work. preceding or on the whole or any portion of the (2) A worker called upon to do work carrying a working day succeeding a holiday provided for lower rate than his usual rate of pay, for less herein shall not be entitled to payment for such than one half of a day, shall be paid for such holiday. work at his usual rate of pay. (4) Except as hereinafter provided, a period of three consecutive weeks' leave with payment of 12.—Contract of Service. ordinary wages as prescribed shall be allowed an- One days notice shall (with the exception of nually to a worker by his employer after a period junior workers, in whose case one week's notice of twelve months' continuous service with that shall be required) be necessary to terminate the employer. engagement of all workers. In the event of an (5) If any award holiday falls within a worker's employer or a worker failing to give the required period of annual leave and is observed on a day notice, one day's wages shall be paid or forfeited, which in the case of that worker would have been (with the exception of junior workers in whose an ordinary working day there shall be added to case one week's wages shall be paid or forfeited.) that period one day being an ordinary working Provided that an employer may at any time day for each such holiday observed as aforesaid. dismiss a worker for refusal or neglect to obey (6) If after one month's continuous service in orders, for misconduct or if after receiving the any qualifying twelve-monthly period a worker prescribed notice he does not carry out his duties leaves his employment or his employment is termi- in the same manner as he did prior to such notice. nated by the employer through no fault of the worker, the worker shall be paid one-quarter of 13.—Breakdowns. a week's pay at his ordinary rate of wage in re- The employer shall be entitled to deduct payment spect of each completed month of continuous ser- for any day or portion of a day upon which the vice. worker cannot be usefully employed because of (7) Any time in respect of which a worker is any strike by the union or unions affiliated with absent from work except time for which he is it or by any other association or union or through entitled to claim sick pay or time spent on holi- the breakdown of the employer's machinery or any days or annual leave as prescribed by this award stoppage of work by any cause which the employer shall not count for the purpose of determining cannot reasonably prevent. his right to annual leave. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 69

(8) In the event of a worker being employed 17.—Board of Reference. by an employer for portion only of a year, he shall only be entitled subject to subclause (6) of this (1) The Commission hereby appoints, for the clause, to such leave on full pay as is proportion- purposes of this award, a Board of Reference con- ate to his length of service during that period sisting- of a chairman and two other members with such employer and if such leave is not equal who shall be appointed pursuant to regulation 80 to the leave given to the other workers he shall of the Industrial Arbitration Act (Western Aus- not be entitled to work or pay whilst the other tralian Industrial Commission) Regulations 1964. workers of such employer are on leave on full (2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, deter- pay. mining or dealing with any matter of difference (9) A worker who is justifiably dismissed for between the parties in relation to any matter misconduct shall not be entitled to the benefit of which, under this award, may be allowed, approved, the provisions of this clause. fixed, determined or dealt with by a Board of (10) In special circumstances and by mutual Reference. consent of the employer, the worker and the union concerned, annual leave may be taken in not more than two periods. 18.—Junior Worker's Certificate. (11) Notwithstanding anything else herein con- Junior workers upon being engaged shall furnish tained, an employer who observes a Christmas the employer with a certificate containing the fol- closedown for the purpose of granting annual lowing particulars. leave may require a worker to take his annual (i) Name in full. leave in not more than two periods but neither of such periods shall be less than one week. (ii) Age and date of birth. No worker shall have any claim upon an 16.—Absence Through Sickness. employer for additional pay in the event of the (1) A worker shall be entitled to payment for age of the worker being wrongly stated either on non-attendance on the ground of personal ill- the certificate or, if no such certificate is furnished, health at the rate of one-twelfth of a week's pay verbally to the employer. If any junior worker for each completed month of service: Provided shall wilfully misstate his age either verbally to that subject to subclause (7) hereof, payment the employer or in the certificate, he alone shall for absence through such ill-health shall be limited be guilty of a breach of this award and in the event to one week's pay in each calendar year. of a worker having received a higher rate than (2) Payment hereunder may be adjusted at the that to which he was entitled he shall make end of each calendar year or at the time the restitution to the employer. worker leaves the service of the employer, in the event of the worker being entitled by service sub- 19.—Time and Wages Record. sequent to the sickness to a greater allowance The employer shall keep and enter up, or cause than that made at the time the sickness occurred. to be kept and entered up, a record containing:— (3) This clause shall not apply when the worker (a) the name of each worker to whom this is entitled to compensation under the Workers' award applies; Compensation Act. (b) the class of work performed by him; (4) A worker shall not be entitled to receive any (c) the hours worked each day by him; wages from his employer for any time lost through (d) the wages (and overtime if any) paid to any accident not arising out of or in the course him; of his employment or for any accident wherever sustained arising out of his own wilful default or (e) the ages of junior workers. for sickness arising out of his own wilful default. Such record shall be open to inspection by a (5) No worker shall be entitled to the benefits representative of the union not more than once of this clause unless he produces proof satisfac- weekly, between the working hours of 10 a.m. and tory to his employer of sickness, but the employe]- 4 p.m. shall not be entitled to a medical certificate unless 20.—First Aid Outfit- the absence is for three days or more. Every factory shall be equipped with a first aid (6) Notwithstanding the provisions of subclause (5) hereof a worker who in any calendar year, outfit and such outfit shall be kept in a suitable has already been allowed paid sick leave on one and accessible place. occasion for one day only, or less, shall not be entitled to payment for any further absence unless 21.—Posting of Award. he produces to the employer a medical certificate (1) Notices relating to meetings in connection stating that he was unable to attend for duty on with the union shall be allowed to be exhibited in account of personal ill-health. each yard. (7) Sick leave shall accumulate from year to year so that any balance of the period specified in (2) A copy of this award, if supplied by the subclause (1) of this clause which has in any union shall be allowed to be posted in a place year not been allowed to any worker by his em- easily accessible to the workers. ployer as paid sick leave may be claimed by the worker and, subject to the conditions hereinbefore 22.—Protective Clothing. prescribed, shall be allowed by his employer in any subsequent year without diminution of the sick (1) Gloves shall be supplied to workers handling leave prescribed in respect of that year. Provided cement tiles, on a basis to be mutually agreed that sick leave which accumulates pursuant to between the union and the employer. this subclause shall be available to the worker for (2) The employer shall supply oilskins to all a period of two years but not longer from the end workers whose work ordinarily makes it neces- of the year in which it accrues. sary for them to work out in the rain. 70 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

23.—Long Service Leave. (4) (a) Where the Secretary of the union has The Long Service Leave provisions published in notified an employer that a non-unionist to whom Volume 44 of the Western Australian Industrial the provisions of subclause (2) of this clause apply Gazette at pages 606 to 612 inclusive are hereby has failed or refused to comply with those provi- incorporated in and shall be deemed to be part sions, that non-unionist shall not be retained in of this award. employment by that employer for more than twenty-four hours to the exclusion of any well- conducted unionist who is employed by, or who 24.—Representative Interviewing Workers. applies for employment, with that employer and (1) On notifying the employer or his repre- who is adequately experienced and otherwise com- sentative an accredited representative of the union petent in the work performed by that non-unionist, shall be permitted to interview a worker during and is of the sex to which that work is allotted by the recognised meal hour on the business premises this award, or, where the award makes no such of the employer at the place at which the meal is provision, by custom. taken but this permission shall not be exercised (b) Where paragraph (a) of this subclause without the consent of the employer more than operates so as to require the dismissal of a non- once in any one week. unionist by his employer the provisions of clause (2) In the case of a disagreement existing or 12 of this award are hereby declared inoperative anticipated concerning any of the provisions of in respect of that dismissal but only if— this award, an accredited representative of the (i) a unionist is engaged to commence work union, on notifying the employer or his repre- in the place of the non-unionist; and sentative, shall be permitted to enter the business (ii) that the dismissal does not become effect- premises of the employer to view the work the ive before the unionist has so commenced. subject of any such disagreement but shall not interfere in any way with the carrying out of (5) A non-unionist shall not be engaged for such work. any work to the exclusion of a well-conducted unionist if that unionist— (a) is adequately experienced in and compe- 25.—Preference to Unionists. tent to perform that work; (1) In this clause— (b) applies to that employer, for employment "the union" means the Federated Brick, Tile on that work— and Pottery Industrial Union of Workers, (i) not later than the time at which Western Australian Branch. the non-unionist applies; or "unionist" means a worker who is a member (ii) within the time specified by that of the union. employer in any advertisement call- "non-unionist" means a worker who is not a ing for such applications, member of the union. whichever is the later; (c) is able to commence work at the time re- (2) Sub jet to the provisions of this clause it is quired by the employer; and a condition of employment under this award that (d) is of the sex to which the work con- each non-unionist shall— cerned is allotted by this award or where (a) unless he has already applied for member- the award makes no such provision, by ship of the union in the manner prescribed custom. by the rules of the union, apply for such membership in the manner so prescribed (6) Subclause (5) of this clause does not apply within seven days of receiving, from an to a non-unionist— accredited representative of the union, a (a) who holds a certificate of exemption from copy of those rules, a copy of this clause membership of the union issued and in and an application form for membership; force pursuant to section 6 IB of the In- (b) upon being notified that he has been ac- dustrial Arbitration Act, 1912-1966; or cepted as a member of the union, do such (b) for the period between the date on which things as may be required under the rules he applies for such a certificate and the of the union in relation to his admission date on which that application is finally to membership; and determined under that section. (c) thereafter remain a unionist while so employed. In witness whereof this award has been signed (3) Subclause (2) of this clause does not apply by the said Commissioner this 10th day of Feb- to any worker— rurary, 1967. (a) who holds a certificate of exemption from [L.S.] (Sgd) S. F. SCHNAARS, membership of the union issued and in Commissioner. force pursuant to section 61B of the In- dustrial Arbitration Act, 1912-1966; Schedule "A." (b) who, prior to the expiration of the seven days referred to in that subclause, has Monier Tile Co. (W.A.) Pty Limited, 33 Epsom applied for such a certificate of exemp- Avenue, Belmont. tion, unless and until that application is Standard Tile Co., 515 Hay Street, Subiaco. finally determined under that section; or Quality Tile Manufacturers, Scarborough Beach (c) for the unexpired portion of any period Road, Osborne Park. in respect of which he has, prior to com- Concrete Industries (W.A.) Pty Ltd, Symers Street, mencing employment under this award, Albany. paid membership fees on his own behalf to Geraldton Building Co. Pty Ltd, Ocean Street, another union. Gerald ton. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 71

(e) Junior Females (per cent, of female AWARDS—Amendment of— basic wage per week): % BAG, SACK AND TEXTILE WORKERS. 15 to 16 years of age 35 Award No. 3 of 1960. 16 to 17 years of age 45 BEFORE THE WESTERN AUSTRALIAN 17 to 18 years of age 55 INDUSTRIAL COMMISSION. 18 to 19 years of age 70 19 to 20 years of age 80 No. 192A of 1965. 20 to 21 years of age 95 Between Federated Miscellaneous Workers' Union (f) Leading Hands: Any worker placed by of Australia, West Australian Branch, Union the employer in charge of three or of Workers, Applicant, and Joyce Bros, and more other workers shall be paid the others. Respondents. following rates in addition to their HAVING heard Mr W. Latter on behalf of the ordinary rates of wages (per week): applicant and Mr D. Hosking on behalf of the $ respondents, and by consent, I, the under- Adult males 2.30 signed, Chief Industrial Commissioner of The Wes- Adult females 1.10 tern Australian Industrial Commission, in pusuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby BARMAIDS AND BARMEN. order and declare— (Metropolitan.) That the Bag, Sack and Textile Award, No. Award No. 47 of 1949. 3 of 1960, as amended, be and the same is BEFORE THE WESTERN AUSTRALIAN hereby further amended in accordance with INDUSTRIAL COMMISSION. the following schedule and that such amend- No. 112 of 1967. ment shall take effect as from the beginning Between the Western Australian Barmaids and of the first pay period commencing on or after Barmen's Union of Workers, Perth, Applicant, the date hereof. and O'Brien's Court Hotel Pty Ltd, and others. Dated at Perth this 3rd day of February, 1967. Respondents. [L.S.] (Sgd) S. F. SCHNAARS, HAVING heard Mr W. J. O'Sullivan on behalf of Commissioner. the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned. Chief Industrial Commissioner of The Western Schedule. Australian Industrial Commission, in pursuance of Clause 25—Wages: Delete this clause and insert the powers contained in section 92 of the Industrial in lieu thereof the following:— Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— 25.—Wages. That the Barmaids and Barmen's (Metro- (a) Basic Wage (per week): $ politan) Award, No. 47 of 1949, as amended, be Males 33.50 and the same is hereby further amended in Females 25.13 accordance with the following schedule and (b) Adult Males (margin per week): that such amendment shall take effect as from (1) Bag and sack repairing machinist 5.30 the beginning of the first pay period commenc- ing on or after the date hereof. (2) Labourers in bag and sack re- Dated at Perth this 10th day of February, 1967. pairing sections 2.70 (Sgd) S. F. SCHNAARS, (3) Bag-making machinist 4.20 CL.S.l Commissioner. (4) Manufacture and/or repair of sails and ship's gear (including nets, fenders and rigging) and Schedule. other articles that require the Clause 6—Wages: Delete placita (1) and (2) hand sewing of ropes by use of and insert in lieu thereof:— palm and needle 8.75 (1) Basic Wage (per week) $ (5) Manufacture and/or repair of Male 33.50 canvas goods of all descriptions Female 25.13 covered by this award including (2) Margins (per week): plastic substitutes for canvas .... 6.70 Barmaids 16.77 (6) All other adult males 1.65 Barmen 8.40 (c) Junior Males (per cent, of male basic wage per week): % 14 to 15 years of age 25 15 to 16 years of age 35 BARMAIDS AND BARMEN. 16 to 17 years of age 45 (Rest of State.) 17 to 18 years of age 55 Award No. 5A of 1956. 18 to 19 years of age 70 BEFORE THE WESTERN AUSTRALIAN 19 to 20 years of age 80 INDUSTRIAL COMMISSION 20 to 21 years of age 95 (d) Adult Females (margin over female No. 114 of 1967. basic wage per week): $ Between the Western Australian Barmaids and Barmen's Union of Workers, Perth, Applicant, (1) Bag-making machinist and/or re- and Esperance Hotel, and others. Respondents. pairer 3.15 HAVING heard Mr W. J. O'Sullivan on behalf of (2) Canvas machinist and/or cutter 3.15 the applicant and Mr G. J. Martin on behalf of the (3) All other females 1.55 respondents, and by consent, I, the undersigned, 72 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

Chief Industrial Commissioner of The Western BERTHING MASTERS' ASSISTANTS. Australian Industrial Commission, in pursuance of (Fremantle Port Authority)) the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers Award No. 16 of 1956. therein enabling me, do hereby order and declare— BEFORE THE WESTERN AUSTRALIAN That the Barmaids and Barmen's (Rest of INDUSTRIAL COMMISSION. State) Award, No. 5A of 1956, as amended, be No. 91 of 1967. and the same is hereby further amended in Between Merchant Service Guild of Australia, West- accordance with the following schedule and ern Australian Section, Union of Workers, that such amendment shall take effect as from Applicant, and Fremantle Port Authority, Re- the beginning of the first pay period com- spondent. mencing on or after the date hereof. HAVING heard Mr B. Foley on behalf of the appli- Dated at Perth this 10th day of February, 1967. cant and Mr J. Collins on behalf of the respondent, (Sgd) S. F. SCHNAARS, and by consent, I, the undersigned, Chief Industrial [L.S.] Commissioner. Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling Schedule. me, do hereby order and declare- Clause 7—Wages: Delete placita (1) and (2) That the Berthing Masters Assistants' Award, and insert in lieu thereof:— No. 16 of 1956, as amended, be and the same is (1) Basic Wage (per week): $ hereby further amended in accordance with the Male 33.50 following schedule and that such amendment Female 25.13 shall take effect as from the beginning of the (2) Margins (per week): first pay period commencing on or after the Barmaids 16.77 date hereof. Barmen 8.40 Dated at Perth this 10th day of February, 1967. (Sgd) S. F. SCHNAARS, [L.S.l Commissioner. BARMAIDS AND BARMEN. (South-West Land Division.) Schedule. Award No. 49 of 1951. Clause 5—Rate of Pay: Delete this clause and BEFORE THE WESTERN AUSTRALIAN insert in lieu thereof:— INDUSTRIAL COMMISSION. 5.—Rate of Pay. $ No. 113 Of 1967. Basic Wage (per week) 33.50 Between the Western Australian Barmaids and Margin (per week) 22.65 Barmen's Union of Workers, Perth, Applicant, and R. Chaplin (Geraldton), P. Barnard (Bus- selton), and others. Respondents. HAVING heard Mr W. J. O'Sullivan on behalf of BISCUIT AND CAKE MANUFACTURING. the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Award No. 31 of 1962. Chief Industrial Commissioner of The Western BEFORE THE WESTERN AUSTRALIAN Australian Industrial Commission, in pursuance of INDUSTRIAL COMMISSION. the powers contained in section 92 of the Industrial No. 103 Of 1967. Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— Between the Food Preservers' Union of Western Australia, Union of Workers, Applicant, and That the Barmaids and Barmen's (South- West Land Division) Award, No. 49 of 1951, as Mills & Ware Biscuit Pty. Ltd. and others. amended, be and the same is hereby further Respondents. amended in accordance with the following HAVING heard Mr W. J. Gough on behalf of the schedule and that such amendment shall take applicant and Mr H. J. De Burgh on behalf of the effect as from the beginning of the first pay respondents, and by consent, I, the undersigned, period commencing on or after the date here- Chief Industrial Commissioner of The Western of. Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Dated at Perth this 10th day of February, 1967. Arbitration Act, 1912-1966, and all other powers (Sgd) S. F. SCHNAARS, therein enabling me, do hereby order and declare— [L.S.l Commissioner. That the Biscuits and Cake Manufacturing Award, No. 31 of 1962, as amended, be and the same is hereby further amended in accordance Schedule. with the following schedule and that such Clause 6—Wages: Delete placita (1) and (2) amendment shall take effect as from the be- and insert in lieu thereof:— ginning of the first pay period commencing on (1) Basic Wage (per week) $ or after the date hereof. Male 33.50 Dated at Perth this 10th day of February, 1967. Female 25.13 [L.S.l (2) Margins (per week): (Sgd) S. F. SCHNAARS, Barmaids 16.77 Commissioner. Barmen 8.40 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 73

Schedule. the powers contained in section 92 of the Industrial Delete Clause 7—Wages, and insert in lieu there- Arbitration Act, 1912-1966, and all other powers of:— therein enabling me, do hereby order and de- 7.—Wages. clare— That the Boarding and/or Lodging Houses The following shall be the minimum rates of and Service Flats' Award, No. 16 of 1931, as wages payable to workers covered by this award:— amended, be and the same is hereby further (1) Basic Wage (per week) $ amended in accordance with the following Adult males 33.50 schedule and that such amendment shall take Adult females 25.13 effect as from the beginning of the first pay (2) Margins: period commencing on or after the date hereof. (a) Adult Males (margin over male Dated at Perth this 3rd day of February, 1967. basic wage per week) — [L.S.j Biscuit and cake mixed 7.20 (Sgd) S. F. SCHNAARS. Ovensman 6.35 Commissioner. Assistant ovensman 4.90 Brakesman 6.15 Icing sugar grinder 6.15 Schedule. Biscuit machine attendant .... 6.15 General factory hand 4.30 Clause 7—Wages: Delete subclauses (a), (b) and All others 2.35 (c) of this clause and insert in lieu thereof: (b) Adult Females (margin over (a) Basic Wage (per week) $ female basic wage per week): Males 33.50 Ovenswomen 3.95 Females 25.13 All others 2.30 (b) Adult Male Workers (margin per week (c) Juniors (per cent, for males or over basic wage): females of appropriate male or Cook 7.45 female basic wage per week)— % Yardman and all other adult males 3.00 14 to 15 years of age 35 (c) Adult Female Workers (margin per 15 to 16 years of age 45 week over basic wage): 16 to 17 years of age 55 In establishments where three cooks 17 to 18 years of age 65 are employed— 18 to 19 years of age 75 First cook 10.10 19 to 20 years of age 85 Second cook 7.30 20 to 21 years of age 95 Third cook 6.10 (3) Casual Workers: All casual workers, as de- In establishments where two cooks fined shall be paid at the rate prescribed for are employed— their classification plus fifteen per cent. First cook 8.45 (4) Leading Hands: Second cook 6.60 Males (per week extra)— $ Where only one cook is employed .... 7.45 A leading hand in charge of— Head waitress 3.95 (a) Less than three other workers 1.05 All other adult females 3.65 (b) Not less than three and not more than ten other workers 2.10 (c) More than ten but less than BOOTMAKERS. twenty other workers 4,05 (Bespoke.) (d) More than twenty other workers 6.05 Award No. 4 of 1946. Females (per week extra)— A leading hand in charge of— BEFORE THE WESTERN AUSTRALIAN (a) Less than three other workers 0.50 INDUSTRIAL COMMISSION. (b) Not less than three and not No. 59 of 1967. more than ten other workers .... 1.00 Between the Boot Trade of Western Australia (c) More than ten but not more Union of Workers, Perth, Applicant and Central than twenty other workers 2.10 Boot and Shoe Specialists, and others, Re- (d) More than twenty other work- spondents. ers 3.20 HAVING heard Mr A. G. Barker on behalf of the applicant and Mr D. Hosking on behalf of the re- spondents, and by consent I, the undersigned, Chief BOARDING AND/OR LODGING HOUSES AND Industrial Commissioner of The Western Australian SERVICE FLATS. Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Award No. 16 of 1931. Act, 1912-1966, and all other powers therein enab- BEFORE THE WESTERN AUSTRALIAN ling me, do hereby order and declare— INDUSTRIAL COMMISSION. That the Bootmakers (Bespoke) Award, No. No. 7 of 1967. 4 of 1946, as amended, be and the same is Between the Hotel, Club, Caterers, Tea Room and hereby further amended in accordance with the Restaurant Employees' Industrial Union of following schedule and that such amendment Workers, Perth. Applicant, and Miss Rene Ken- shall take effect as from the beginning of the nedy, and others Respondents. first pay period commencing on or after the HAVING heard Mr W. Latter on behalf of the date hereof. applicant and Mr G. J. Martin on behalf of the Dated at Perth this 3rd day of February, 1967. respondents, and by consent, I, the undersigned, IL.S.i Chief Industrial Commissioner of The Western (Sgd) S. F. SCHNAARS, Australian Industrial Commission, in pursuance of Commissioner. (21—33512 74 GAZETTE. [22 March, 1967.

Schedule. the Industrial Arbitration Act, 1912-1966, and all Clause 6—Wages: Delete subclauses (a) and other powers therein enabling me, do hereby order (b) of this clause and insert in lieu thereof:— and declare:— That the Sand Lime Brick Award, No. 2 of 6.—Wages. 1962, as amended, be and the same is hereby The minimum rates of wages payable to workers further amended in accordance with the fol- covered by this award shall be as follows:— lowing schedule and that such amendment $ shall take effect as from the beginning of the (a) Basic Wage 33.50 first pay period commencing on or after the (b) Margins over basic wage per week: date hereof. (i) Surgical Bootmakers 12.30 Dated at Perth this 10th day of February, 1967. (ii) Bespoke Bootmaker 9.25 [L.S.l (Sgd) S. F. SCHNAARS, (iii) Boot Repairer 8.40 Commissioner. (iv) Notwithstanding anything else contained in this clause, any adult Schedule. worker "other than as an appren- Clause 12—Wages: Delete this clause and insert tice", entering the service of an em- in lieu thereof the following:— ployer with less than two years' experience in this industry shall 1.2.—Wages. only be entitled to receive the follow- The minimum rates of wages payable to workers ing margins in addition to the basic covered by this award shall be as follows:— wage:— $ During first twelve months' ex- (1) Basic Wage (per week): 33.50 perience 3.30 (2) Adult Males (margin over basic wage During second twelve months' ex- per week): perience 5.80 Mixer 6.90 Thereafter the rate prescribed Crane driver 6.90 for a boot repairer. Scoop operator 6.90 Provided that when a worker has Press hands 6.90 been employed and paid under the Lime preparing hand 6.90 provisions of this subclause and his Yard hand 3.00 services are terminated, he shall be (3) Junior Workers (per cent, of male supplied by the employer with a cer- male basic wage): % tificate of service, showing the length 14 to 15 years of age 30 of his experience in the industry with 15 to 16 years of age 40 such employer. 16 to 17 years of age 50 For the purpose of this clause, "ex- 17 to 18 years of age 60 perience" shall mean the whole of a 18 to 19 years of age 70 workers length of service with any 19 to 20 years of age 80 employer or employers in this industry. 20 to 21 years of age 90 No worker shall be entitled to make (4) Proportion of Juniors: One junior to four any claim upon an employer for addit- adult workers. ional wages in the event of him not having produced proof satisfactory to the employer of his previous experi- ence in the industry within fourteen days of his entering the service of the BRUSBMAKERS. employer. Award No. 30 of 1959. Liberty is reserved to the Union to BEFORE THE WESTERN AUSTRALIAN apply for a variation of the provisions INDUSTRIAL COMMISSION. of this subclause. No. 129A of 1965. Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers, Applicant, and Swan Brushware Lim- BRICKYARD EMPLOYEES. ited, Respondent. (Sand Lime Bricks.) HAVING heard Mr W. Latter on behalf of the Award No. 2 of 1962. applicant and Mr J. Ince on behalf of the respond- BEFORE THE WESTERN AUSTRALIAN ent, and by consent, I, the undersigned, Chief In- INDUSTRIAL COMMISSION. dustrial Commisisoner of The Western Australian Industrial Commission, in pursuance of the powers No. 22 of 1967. contained in section 92 of the Industrial Arbitra- Between The Federated Brick, Tile and Pottery tion Act, 1912-1966, and all other powers therein Industrial Union of Australia (Union of enabling me, do hereby order and declare— Workers) Western Australian Branch, Appli- That the Brushmakers' Award No. 30 of 1959, cant, and Calsil Limited and Brick Manufac- as amended, be and the same is hereby further turers Pty Ltd, Respondents. amended in accordance with the following HAVING heard Mr F. W. French on behalf of schedule and such amendment shall take effect the applicant and Mr H. J. De Burgh on behalf as from the beginning of the first pay period of the respondents, and by consent, I the under- commencing on or after the date hereof. signed, Chief Industrial Commissioner of The Wes- Dated at Perth this 27th day of January, 1967. tern Australian Industrial Commission, in pur- (Sgd) S. F. SCHNAARS, suance of the powers contained in section 92 of [L.S.l Commissioner. 75

Schedule. CLEANERS AND CARETAKERS. 1. Clause 8—Wages: Delete this clause and in- Award No. 17 of 1948. sert in lieu thereof the following:— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. 8.—Wages. No. 61 of 1967. (a) Basic Wage (per week): $ Between the West Australian Cleaners, Caretakers, Whole of State— Lift Attendants, Window Cleaners, Attendants Adult males 33.50 and Watchmen's Industrial Union of Workers (Perth), Applicant, and William Adams & Adult females 25.13 Company Limited, and others. Respondents. HAVING heard Mr W. J. Fitzgerald on behalf of (b) Adult Males (margin over male basic the applicant and Mr D. Hosking on behalf of the wage per week): respondents, and by consent, I, the undersigned, Hair pan hands 6.60 Chief Industrial Commissioner of The Western Bass pan hands 6.60 Australian Industrial Commission, in pursuance of Bottle brush makers 6.60 the powers contained in section 92 of the Industrial Finishers ... 6.60 Arbitration Act, 1912-1966, and all other powers Millet broom makers 6.60 therein enabling me, do hereby order and declare— That the Cleaners and Caretakers Award, No. Millet broom sewers 6.60 17 of 1948, as amended, be and the same is Wood-working machinists 6.60 hereby further amended in accordance with Ducoers and lacquerers 6.60 the following schedule and that such amend- Sorter 6.60 ment shall take effect as from the beginning Timber stackers and/or all others 1.60 of the first pay period commencing on or after the date hereof. (ii) Wood-working Machinists whose Dated at Perth this 3rd day of February, 1967. work includes both making cut- ters and setting machines 7.80 [L.S.] (Sgd.) S. F. SCHNAARS, lommissioner. (c) Adult females (margin per week) .... 1.80

(d) Junior Workers—Male (per cent, of Schedule male basic wage per week): % 1. Section "A"—Clause 27—Wages: Delete sub- 14 to 15 years of age 30 clause (a) (b) and (c) of this clause and insert 15 to 16 years of age 35 in lieu thereof:— 16 to 17 years of age 45 (a) Basic Wage (per week): $ 17 to 18 years of age 55 Males 33.50 18 to 19 years of age 70 Females .... 25.13 19 to 20 years of age 80 (b) Adult Males (Margin per week): 20 to 21 years of age 95 Watchman (oil stores) 8.00 Watchman (others) 7.45 (e) Junior Workers—Female (per cent, of Watchman-cleaners 6.55 female basic wage per week): Cleaners 4.40 Lift attendants 3.15 Under 16 years of age 35 Attendants 2.35 16 to 17 years of age 45 (c) Adult Females (margin per week): 17 to 18 years of age 55 Attendants 1.65 18 to 19 years of age 70 Cleaners— 19 to 20 years of age 80 Weekly Hand 3.10 20 to 21 years of age 95 Weekly Hand (if called upon to clean lavatories open to general public) 3.50 2. Clause 9—Leading Hands: Delete this clause and insert in lieu thereof the following:— Full-time hand (-5- 40) 6.60 Part-time hand (-*- 40) 5.25 9.—Leading Hands. Casual hand (-^40) 5.25 Any worker appointed by the employer as a 2. Section "B"—Clause 31—Wages: Delete sub- leading hand shall be paid in addition to the pre- scribed rates as under:— clauses (a) (b) and (c) of this clause and insert in lieu thereof:— $ (a) When placed in charge of not less (a) Basic Wage (per week): $ than two nor more than four other workers (per week): Males 33.50 Females 25.13 Males 1.20 (b) Adult Males (Margin per week): Females 0.70 Caretakers 10.00 (b) When placed in charge of five or Cleaners 4.40 more other workers (per week): Watchman 7.45 Males 2.20 Lift attendants 3.15 Females 1.15 Attendants 2.35 76

(c) Adult Females (Margin per week): $ CLEANERS AND CARETAKERS. Attendants ... 1.65 (Government.) Cleaners— Award No. 5 of 1966. Weekly hand 3.10 BEFORE THE WESTERN AUSTRALIAN Weekly hand (if called upon to INDUSTRIAL COMMISSION. clean lavatories open to general No. 62 of 1967. public) 3.50 Between the West Australian Cleaners, Caretakers, Full-time hand (h- 40) 6.60 Lift Attendants, Window Cleaners, Attendants Part-time hand (-^ 40) 5.25 and Watchmen's Industrial Union of Workers (Perth), Applicant, and Hon. the Premier of Casual hand (-+- 40) 5.25 Western Australia, and others, Respondents. HAVING heard Mr W. J. Fitzgerald on behalf of 3. Section "C"—Clause 36—Wages: Delete sub- the applicant and Mr G. D. Johnson on behalf of clauses (a) (b) (c) and (f) of this clause and the respondents, and by consent, I, the undersigned, insert in lieu thereof:— Chief Industrial Commisisoner of The Western Australian Industrial Commission, in pursuance of (a) Basic Wage (per week): $ the powers contained in section 92 of the Industrial Males 33.50 Arbitration Act, 1912-1966, and all other powers Females 25.13 therein enabling me, do hereby order and declare— (b) Adult Males (Margin per week): That the Cleaners and Caretaker's (Govern- Cleaners 4.40 ment), Award No. 5 of 1966, be and the same Lift attendants 3.15 is hereby amended in accordance with the fol- Attendants 2.35 lowing schedule and that such amendment shall take effect as from the beginning of the (c) Adult Females (Margin per week): first pay period commencing on or after the Attendants 1.85 date hereof. Cleaners— Dated at Perth this 3rd day of February, 1967. Weekly hand 3.10 (Sgd) S. F. SCHNAARS, Full-time hand ( +- 40) 6.60 [L.S.] Commissioner. Part-time hand (-^ 40) 5.25 Casual hand (-:- 40) 5.25 (f) Female Lavatory Attendants (Margin Schedule. per week): Clause 30—Wages: Delete this clause and In- (i) Full-time (forty hours per week sert in lieu thereof:—■ or eighty hours per fortnight .... 4.80 (ii) Part-time (where more than 30.—-Wages. eight hours and less than forty $ $ hours are worked in any one Basic Wage: Male 33.50 week) (-«- 40) 6.55 Female 25.13 (iii) Part-time (where eight hours or less are worked in any one week) Male. Female. ( : 40) 6.55 Employees of The University of W.A. (margin per week): 4. Section "D"—Clause 40—Wages: Delete sub- (1) Cleaners on a weekly engage- clauses (a) and (b) of this clause and insert in ment working forty hours per lieu thereof:— week (inclusive of lavatory and window cleaning allow- (a) Basic Wage (per week): $ ance) ...... 4.40 3.80 Males 33.50 (2) Window cleaners 4.90 (b) Adult Males (Margin per week): .... 5.35 (3) Latavory attendants and cloakroom cleaners (forty 5. Section "E"—Clause 45—Wages: Delete sub- hours per week) 4.40 3.80 clause (a) (b) and (c) of this clause and insert in (4) Watchmen or watch women lieu thereof:— head man or woman 6.60 4.80 (a) Basic Wage (per week): $ Others 3.50 3.10 Males 33.50 Provided if required to act Females 25.13 also as lavatory attendants and cloak room cleaners, an (b) Adult Males (margin per week): allowance of fifty five cents Caretaker 10.00 per week in the case of males Cleaners 4.40 and one dollar ten cents in the case of females shall be (c) Adult Females (margin per week): paid. Cleaners— (5) Foreman or forewoman in Weekly hand 3.10 charge including buying and Full-time hand (-*- 40) 6.60 store work 3.90 3.70 Part-time hand (-^ 40) 5.25 (6) Caretakers 5.95 Casual hand (-*- 40) 5.25 (7) Lift Attendants 3.15 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

Other Employees (margin per week): (14) Male cleaners or caretakers (1) Cleaners— placed in charge of other cleaners shall be paid the fol- (a) Males— lowing weekly allowance— (i) Going to work once a day In charge of: 1 to 5 cleaners (ii) Going to work twice a day 6 to 10 cleaners 11 to 15 cleaners (iii) Employed exclusively in lavatories 16 to 20 cleaner's Over 20 cleaners ten cents (ta) Females— each additional cleaner. (i) On a weekly engage- ment of twenty five hours going to work once a day shall be paid 84% of the female basic CLEANERS AND CARETAKERS. wage. (National Parks Board and Zoological Gardens (ii) On a weekly engage- Board.) ment of twenty five hours going to work Award No. 6 of 1966. twice a day shall be BEFORE THE WESTERN AUSTRALIAN paid 881% of the female INDUSTRIAL COMMISSION. basic wage. No. 64 of 1967. (iii) On a weekly engage- Between The West Australian Cleaners, Care- ment of more than takers, Lift Attendants, Window Cleaners, At- twenty five hours but tendants and Watchmen's Industrial Union of less than forty hours Workers (Perth), Applicant, and The National per week going to work Parks Board of W.A. and Acclimatisation Com- twice a day shall be mittee (Zoological Gardens), Respondents. paid an hourly rate cal- culated proportionately HAVING heard Mr W. J. Fitzgerald on behalf of on that provided in (ii) the applicant and Mr G. D. Johnson on behalf of hereof. the respondents, and by consent, I, the under- (iv) On a weekly engage- signed, Chief Industrial Commissioner of the West- ment of less than ern Australian Industrial Commission, in pursuance twenty five hours per of the powers contained in section 92 of the Indus- week shall be paid five trial Arbitration Act, 1912-1966, and all other cents per hour in addit- powers therein enabling me, do hereby order and ion to the rate (calcu- declare— lated hourly) provided That the cleaners, Caretakers and Lift At- in (ii) hereof, with a tendants (National Parks Board and Zoolo- minimum of two hours gical Gardens), Award No. 6 of 1966, be and within the Metropoli- the same is hereby amended in accordance tan Area. with the following schedule and that such (2) Maids employed at the amendment shall take effect as from the Domestic Science Centres on beginning of the first pay period commencing a weekly engagement of forty on or after the date hereof. hours Dated at Perth this 3rd day of February, 1967. (3) Senior Domestic Science I L.S.I (Sgd) S. F. SCHNAARS, Maid, Perth Technical Col- Commissioner. lege (4) Foreman Cleaners, Chief Sec- retary's Department Schedule. (5) Forewoman, Chief Secretary's Clause 10—Wages: Delete this clause and insert Department in lieu thereof:— (6) Assistant Forewoman, Chief 10.—Wages. Secretary's Department ... 33.50 (7) Caretakers 5.95 (1) Basic Wage (per week) (2) Adult Males (margin per week): (8) Lift attendants 3.15 Head Keeper ... 8.90 (9) Window cleaners 4.90 Keeper ... 6.10 (10) Court ushers— Gardener-in-charge, Zoological 1st year 8.70 Gardens ... 6.70 Thereafter 10.00 Gardener, Zoological Gardens ... 4.30 (11) Attendants 2.30 Senior Gardener (as defined) ... 6.10 (12) Watchmen 3.50 Gardener (as defined) ... 4.80 Maintenance man, Zoological (13) A Casual worker shall re- ... 7.50 ceive 15% of the ordinary rate Gardens in addition to ordinary rate Maintenance man (other) ...... 6.60 for his or her class of work. Ground attendant ... 6.10 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

$ Schedule. Mechanical assistant, mowing ser- Clause 13—Wages: Delete subclauses (a) and vices 10.35 (b) of this clause and insert in lieu thereof:— Power mower operator 4.90 (a) Basic Wage (per week): $ Power mower operator in charge of Males 33.50 motor vehicle—■ Females 25.13 Grade 1 8.60 (b) Classification and margin per Grade 2 10.10 week over basic wage: Tractor mower operator 11.30 Male. Female. $ $ Caretaker, Crawley (plus quarters) (1) Cooks—In establishments inclusive of allowances for extra where three cooks are duties 9.90 employed—■ Ranger (this item to be excluded First cook 10.10 10.10 from all other provisions of this Second cook 7.30 7.30 award except annual leave, long Third cook 6.10 6.10 service leave and sick leave) .... 10.60 (2) Where more than three Assistant ranger 6.60 cooks are employed the Leading hand, mowing services ... 11.40 minimum shall be 6.10 6.10 Leading maintenance man, Zoologi- (3) Where two cooks are cal Gardens 9.55 employed— Leading maintenance man, Yanchep 8.95 First cook 8.45 8.45 Leading Groundsman, Yanchep .... 8.95 Second cook 6.60 6.60 Leading maintenance man, John (4) Where only one cook is Forrest National Park 7.80 employed 7.45 7.45 All others 3.60 (5) Waiter 3.75 — (6) Kitchenman 3.00 —. (3) Female Attendant (Ladies' retiring room), employed on Sundays and public holidays- (7) Pantryman 3.00 — seventy-five cents per hour. (This rate to (8) Night Porter 4.10 — include casual loading prescribed in sub- (9) Hall Porter 3.75 — clause (4) hereof and loading for work per- (10) Steward 3.75 — formed on Sundays.) (11) Yardman 3.00 — (4) Casual workers, except as prescribed in sub- (12) Other male workers 3.00 — clause (3) hereof, shall be paid fifteen per (13) Waitress — 3.65 cent, in addition to the rates otherwise payable under this award. (14) All other female workers — 3.65 (15) Barman 8.40 — (16) Barmaid — 16.77

CLUB EMPLOYEES. Award No. 4 of 1959. CONFECTIONERY MANUFACTURING. BEFORE THE WESTERN AUSTRALIAN Award No. 32 of 1962. INDUSTRIAL COMMISSION. BEFORE THE WESTERN AUSTRALIAN No. 8 of 1967. INDUSTRIAL COMMISSION Between the Hotel, Club, Caterers, Tea Room and No. 105 of 1967. Restaurant Employees' Industrial Union of Between the Food Preservers' Union of Western Workers, Perth, Applicant, and the Commercial Australia, Union of Workers, Applicant, and Travellers' Club, and others, Respondents. Plaistowe & Co. Ltd., and others, Respondents. HAVING heard Mr W. Latter on behalf of the HAVING heard Mr W. J. Gough on behalf of the applicant and Mr G. J. Martin on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I, the undersigned, respondents, and by consent, I, the undersigned. Chief Industrial Commissioner of The Western Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of Australian Industrial Commission, in pursuance the powers contained in section 92 of the Industrial of the powers contained in section 92 of the Indus- Arbitration Act, 1912-1966, and all other powers trial Arbitration Act, 1912-1966, and all other therein enabling me, do hereby order and declare— powers therein enabling me, do hereby order and That the Club Employees' Award, No. 4 of declare— 1959, as amended, be and the same Is hereby That the Confectionery Manufacturing further amended in accordance with the fol- Award, No. 32 of 1962, as amended, be and the lowing schedule and that such amendment shall same is hereby further amended in accordance take effect as from the beginning of the first with the following schedule and that such pay period commencing on or after the date amendment shall take effect as from the hereof. beginning of the first pay period commencing on or after the date hereof. Dated at Perth this 3rd day of February, 1967. Dated at Perth this 10th day of February, 1967. (Sgd) S. F. SCHNAARS, [L.S.] (Sgd) S. F. SCHNAARS, tL.S.l Commissioner. Commissioner. 79

Schedule. Judgment. Delete Clause 7—Wages, and insert in lieu THE COMMISSIONER: This is an application to thereof:— amend Award No. 15 of 1964. It is an application 7.—Wages based on a recent formula of the Commonwealth The following shall be the minimum rates of Industrial Commission which received approval of wages payable to workers covered by this this Commission on Friday last. award:— In that particular decision I indicated that the (1) Basic Wage (per week): $ formula should be given general application ex- Adult males 33.50 cepting where special circumstances may justify a Adult females 25.13 different approach. It has been suggested this morning that a special circumstance associated with (2) Margins: this matter is that the employers, parties to the (a) Adult Males (margin over male award, have no control over price movements in basic wage per week) : this industry and in that respect are subject to Confectioner 8.40 other legislation. I feel, however, that our re- Confectioner machinist .... 4.90 sponsibility is to prescribe wages which are re- General Confectionery hands .... 3.40 garded as proper and just at any particular time All others 1.80 and that we should not be influenced by circum- (b) Adult Females (margin over stances such as that referred to this morning. female basic wage per week): I would therefore grant the application and the Machine attendants 2.95 order to amend the award will now be issued in the Moulders 2.95 form of minutes in accordance with the schedule All others 2.30 submitted. (c) Juniors (per cent, for males or Order Accordingly. females of appropriate male or female basic wage per week): % 14 to 15 years of age 35 15 to 16 years of age 45 16 to 17 years of age 55 17 to 18 years of age 65 BEFORE THE WESTERN AUSTRALIAN 18 to 19 years of age 75 INDUSTRIAL COMMISSION. 19 to 20 years of age 85 20 to 21 years of age .... 95 No. 447 of 1966. (3) Casual Workers: All casual workers, as de- Between Federated Miscellaneous Workers' Union fined, shall be paid at the rate prescribed for their of Australia, West Australian Branch, Union classification plus fifteen per cent. of Workers, Applicant, and Sunny West Co- (4) Leading Hands: operative Dairies Ltd, and others, Respondents. Males per week extra: HAVING heard Mr W. Latter on behalf of the ap- A leading hand in charge of— $ plicant and Mr G. J. Martin on behalf of the re- (a) less than three other workers 1.05 spondents, I, the undersigned, Chief Industrial (b) not less than three and not Commisisoner of The Western Australian Industrial more than ten other workers 2.10 Commission, in pursuance of the powers contained (c) more than ten but less than in section 92 of the Industrial Arbitration Act, twenty other workers 4.05 1.912-1966, and all other powers therein enabling (d) more than twenty other workers 6.05 me, do hereby order and declare— Females per week extra— That the Dairy Factory Workers' Award, No. A leading hand in charge of— 15 of 1964, as amended, be and the same is (a) less than three other workers .... 0.50 hereby further amended in accordance with (b) not less than three and not the following schedule and that such amend- more than ten other workers 1.00 ment shall take effect as from the beginning of (c) More than ten but not more the first pay period commencing on or after than twenty other workers .... 2.10 the date hereof. (d) More than twenty other workers 3.20 Dated at Perth this 27th day of January, 1967. DAIRY FACTORY WORKERS. (Sgd) S. F. SCHNAARS, Award No. 15 of 1964. [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 447 of 1966. Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union Schedule. of Workers, Applicant, and Sunny West Co- Clause 8—Leading Hands: Delete this clause operative Dairies Ltd, and others, Respondents. and insert in lieu thereof:— The 27th day of January, 1967. 8.—Leading Hands. Before Chief Industrial Commissioner, S. F. Any male worker appointed in writing by his Schnaars, Esq. employer as a leading hand in charge of three or more other workers shall be paid one dollar Mr W. Latter on behalf of the applicant union. ninety cents per week in addition to the rates Mr G. J. Martin on behalf of the respondents. prescribed herein. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

Clause 29.—Wages: Delete this clause and insert DRUM RECLAIMING. in lieu thereof:— Award No. 21 of 1961. 29.—Wages. BEFORE THE WESTERN AUSTRALIAN (1) Basic Wage (per week): $ INDUSTRIAL COMMISSION. Males .... 33.50 Females 25.13 No. 130A of 1965. (2) Adult Males (margin per week): Between Federated Miscellaneous Workers' Union Butter Factories Section. of Australia, West Australian Branch, Union <1) Tester grader and butter-maker of Workers, applicant, and Melbourne Cask multiple certificate position .... 10.90 and Drum Company and another, Respond- (2) Butter-maker with certificate .... 9.65 ents. (3) Grader of cream for butter- HAVING heard Mr W. Latter on behalf of the making with certificate 9.90 applicant and Mr J. Ince on behalf of the respond- (4) Tester of cream for butter-making ents, and by consent, I, the undersigned, Chief with certificate 8.75 Industrial Commissioner of The Western Austra- (5) Assistant butter-maker 5.35 lian Industrial Commission, in pursuance of the (6) Butter cutter in charge of powers contained in section 92 of the Industrial machine 5.35 Arbitration Act, 1912-1966, and all other powers (7) Vacreator operator and neutral- therein enabling me, do hereby order and declare— iser 6.40 (8) Weighing machine operator and/ That the Drum Reclaiming Award, No. 21 or sampler 4.90 of 1961, as amended, be and the same is here- (9) Dried milk operator 4.60 by further amended in accordance with the (10) Factory hand 3.70 following schedule and such amendment shall take effect as from the beginning of the first Cheese Factories Section. pay period commencing on or after the date (11) Cheese maker with certificate .... 9.65 hereof. (12) Assistant cheese maker 5.35 (13) Cheese-room hand 6.05 Dated at Perth this 27th day of January, 1967. (14) Factory hand 3.70 [L.S.l (Sgd.) S. F. SCHNAARS, Milk Condenseries Section. Commissioner. (15) Milk and cream tester 8.75 (16) Milk tipper and grader 4.00 (17) Vacuum pan operator 7.65 (18) Weighing Machine (milk receiv- ing) 4.90 Schedule. (19) Tubular heater and/or ejector .... 4.00 1. Clause 23—Leading Hands: Delete this (20) Sugar boiler 4.00 clause and insert in lieu thereof the following:— (21) Can washer 4.00 (22) Separator 4.00 (23) Packing machine 4.00 23.—Leading Hands. (24) Nailing machine 4.00 Any male worker placed by the employer in (25) Factory hand 3.70 charge of three or more other workers shall be paid two dollars thirty cents ($2.30) per week in Milk Treatment Plant. addition to the rates prescribed in the Wages (26) Tester and grader 7.75 Clause. (27) Pasteuriser 4.90 (28) Man in charge of bottling mach- 2. Clause 25—Rates of Pay: Delete this clause ine 4.40 and insert in lieu thereof the following:— (29) Milk tipper and weigher 4.00 (30) Tetrapak operator 4.15 25.—Rates of Pay. (31) Factory hand 3.70 The minimum rates of wages payable to workers Casein Manufacturing Section. covered by this award shall be as follows:— (32) Casein maker 8.75 $ (33) Factory hand 3.70 (1) Basic Wage (per week): (3) Adult Females (all sections) 1.80 (a) Adult males 33.50 (b) Adult females 25.13 (4) Junior Workers (male) (per cent, of male basic wage): % (2) Adult Males (margin over basic wage Under 16 years of age 35 per week): 16 to 17 years of age 45 17 to 18 years of age 55 (a) Painting and incidental duties— 18 to 19 years of age 70 (i) In booth 6.60 19 to 20 years of age 85 (ii) Others 5.85 20 to 21 years of age 100 (b) Chiming, shaping, internal lac- quering, rumbling, cleaning clas- (5) Junior Workers (female) (per cent, of sifying and drum inspecting . .. 5.20 female basic wage): Under 16 years of age 35 (c) Yard hands 3.10 16 to 17 years of age 45 17 to 18 years of age 55 (3) Adult Females (margin over female 18 to 19 years of age 70 basic wage per week): 19 to 20 years of age 80 (a) Deducting, stencilling with a 20 to 21 years of age 90 spray gun, spray painting .... 4.30 81

$ Schedule. (b) Where the duties involve lifting Clause 6—Rates of Pay: Delete subclauses (a) the large drums, or performing and (b) and insert in lieu thereof:— any duties which come within the classifications prescribed in sub- 6.—Rates of Pay. clause (2) hereof, and such duties $ are other than, or in addition to, (a) Basic Wage (per week) 33.50 the work specified in the preced- ing paragraph (a) of this sub- (b) Margins (per week): clause, the worker shall be paid Dredges— the relevant margin prescribed 'Fremantle"— for males in paragraphs (a) or Master 24.80 (b) of subclause (2). Chief Engineer 24.80 "Stirling"— (c) Notwithstanding the foregoing, Master 24.80 where the duties include work in Mate 17.40 the rumbling section the total Chief Engineer 24.80 rate payable to males under sub- Second Engineer 17.40 clauses (1) and (2) (b) hereof Launches— shall be paid. "Avon"—Master 12.95 "Fitzroy"—Master 12.95 (4) Junior Males (per cent, of male basic "Warren"—Master 12.95 wage per week): "Shannon"—Master 12.95 % "Myrtle"—Master 12.95 14 to 15 years of age 25 "Yanchep"—Master 9.90 15 to 16 years of age 35 16 to 17 years of age 45 17 to 18 years of age 55 EGG PROCESSING. 18 to 19 years of age .... 70 Award No. 19 of 1964. 19 to 20 years of age 80 BEFORE THE WESTERN AUSTRALIAN 20 to 21 years of age 100 INDUSTRIAL COMMISSION. No. 110 of 1967. Between Western Australian Egg Marketing Board Employees' Union of Workers, Applicant, and Western Australian Egg Marketing Board, Respondent. HAVING heard Mr W. Kildca on behalf of the appli- DREDGE MASTERS, MATES AND ENGINEERS. cant and Mr L. Pilgrim on behalf of the respondent, (Government.) and by consent, I, the undersigned, Chief In- dustrial Commissioner of The Western Australian Award No. 34 of 1960. Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitra- BEFORE THE WESTERN AUSTRALIAN tion Act, 1912-1966, and all other powers therein INDUSTRIAL COMMISSION. enabling me, do hereby order and declare— That the Egg Processing Award, No. 19 of No. 89 of 1967. 1964, as amended, be and the same is hereby Between Merchant Service Guild of Australia, further amended in accordance with the fol- Western Australian Section, Union of Workers, lowing schedule and that such amendment Applicant, and The Minister for Works, Re- shall take effect as from the beginning of the spondent. first pay period commencing on or after the date hereof. HAVING heard Mr B. Foley on behalf of the ap- Dated at Perth this 10th day of February, 1967. plicant and Mr G. D. Johnson on behalf of the respondent, and by consent, I, the undersigned, (Sgd) S. F. SCHNAARS, Chief Industrial Commissioner of The Western [L.S.3 Commissioner. Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Indus- Schedule. trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and Clause 7—Wages: Delete subclauses (1), (2), (3) declare— and (6) (a) and insert in lieu thereof the follow- ing:— That the Government Dredge Masters, Mates and Engineers Award, No. 34 of 1960, (1) Basic Wage (per week): $ as amended, be and the same is hereby fur- Males 33.50 ther amended in accordance with the follow- Females 25.13 ing schedule and that such amendment shall (2) Adult Males (margin over male basic take effect as from the beginning of the first wage per week): Freezer hand (i.e. a worker who is pay period commencing on or after the date required to work in a temperature hereof. between 32 degrees and 4 degrees fahrenheit) 10.20 Dated at Perth this 3rd day of February, 1967. Storeman 6.70 IL.S.l (Sgd) S. F. SCHNAARS, Floor hand 5.60 Commissioner. Nailers and others 3.90 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

(3) Adult Females (margin over female (a) First year basic wage per week): Second year Candlers and oilers when proficient 3.20 Third year Packers and others 2.20 Fourth year and thereafter (6) (a) Sectional Supervisors (Males) (margin over male basic wage per (b) (i) A fireman classified as fourth week): year and thereafter and until Fremantle 7.10 the Departmental examina- Cases, receivals and despatch .... 5.60 tion has been passed, who for Others 3.30 the most part of a shift works a steam train shall be paid at a marginal rate of nine dollars and ninety cents ENGINE-DRIVERS per week for such shift, (Locomotive) (Government.) (ii) Firemen with five years' ser- vice after appointment as Award No. 10 of 1962. firemen shall receive a mar- BEFORE THE WESTERN AUSTRALIAN gin of ten dollars and forty INDUSTRIAL COMMISSION. cents per week; provided that they have not failed to pass No. 71 of 1967. the Departmental examina- Between West Australian Locomotive Engine tion. Drivers, Firemens and Cleaners' Union of (c) Firemen employed with a shed Workers, Applicant, and Western Australian driver at East Perth depot shall Government Railways Commission, Respond- be paid five cents per day extra ent. whilst so employed. HAVING heard Mr H. Kingston on behalf of the applicant and Mr J. Lund on behalf of the re- (d) Firemen (so classified) who in spondent, and by consent, I, the undersigned, any week for the most part of Chief Industrial Commissioner of The Western their rostered week's work, work a Australian Industrial Commission, in pursuance of passenger train or freight train the powers contained in section 92 of the Indus- tabled at a passenger speed trial Arbitration Act, 1912-1966, and all other (drawn by a steam or diesel loco- powers therein enabling me, do hereby order and motive) sixty-five miles or more declare- in one direction That the Government Railways Locomotive (e) Notwithstanding the provision of Enginemen's Award, No. 10 of 1962, as this subclause (2), firemen who, amended, be and the same is hereby further at their own request, or for amended in accordance with the following health or disciplinary reasons are schedule and such amendment shall take ef- regressed to the grade of shunt- fect as from the beginning of the first pay ing firemen and are employed full period commencing on or after the date time on shunting duties, shall be hereof. paid as follows:— Dated at Perth this 27th day of January, 1967. First year Second year ... [L.S.l (Sgd) S. F. SCHNAARS, Third year and thereafter .... Commissioner. (3) Engine Drivers (including diesel rail car drivers and diesel locomotive Schedule. drivers)— Clause 10—Rates of Pay: Delete and insert in (a) First year lieu thereof:— Second year 10.—Rates of Pay. Third year $ Fourth year Basic Wage 33.50 Fifth year (1) Trainee Enginemen (per cent, of basic Sixth year and thereafter wage): % Provided that engine drivers Under 18 years of age 70 who, at their own request, or for health or disciplinary reasons, 18 years and under 19 80 are regressed to the grade of 19 years and under 20 90 shunting driver, and are em- $ ployed full time on shunting 20 years and under 21 (margin per duties, shall be paid as follows:— week over basic wage) 1.00 First year Provided also that any trainee .Second year and thereafter .... engineman whose rate of wage (b) Driver (so classified) who in any is computed as aforesaid and who week for the most part of his has qualified to act as fireman rostered week's work drives a shall be paid an additional passenger train or freight train amount of thirty cents per week. tabled at passenger speed (drawn 21 years and over 2.90 by steam or diesel locomotive) Trainee enginemen qualified to act sixty-five miles or more in one as firemen 3.30 direction 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

$ ENGINEERING. (c) (i) A driver, whilst acting as a (Government.) driver in charge of an out- Award No. 29 of 1957. depot where six or more workers are stationed shall be BEFORE THE WESTERN AUSTRALIAN paid the highest ordinary INDUSTRIAL COMMISSION. margin prescribed for engine drivers and, in addition shall No. 25 of 1967. be paid a further five Between Coastal District Committee Amalgamated dollars and seventy cents Engineering Union Association of Workers; per week. State Executive, Australasian Society of En- gineers' Industrial Association of Workers, and (ii) A driver, whilst acting as a Electrical Trades Union of Workers of Aus- driver in charge of an out- tralia (Western Australian Branch), Perth, depot where less than six Applicants, and Minister for Works and others, workers are stationed shall Respondents. be paid the highest ordinary HAVING heard Mr J. H. Mutton on behalf of margin prescribed for engine Coastal District Committee Amalgamated Engineer- drivers and, in addition be ing Union Association of Workers, Mr M. Jahn on paid a further four dollars behalf of State Executive, Australasian Society of and sixty-five cents per Engineers' Industrial Association of Workers, and week. Mr R. Fletcher on behalf of Electrical Trades Union of Workers of Australia (Western Australian (iii) Provided that, on relinquish- Branch), Perth, applicants, and Mr L. E. Boylan ing the duties of a driver in on behalf of the respondents, and by consent, I, charge, a driver shall revert the undersigned, Chief Industrial Commissioner of to the wage margin he would The Western Australian Industrial Commission, in have received had he not pursuance of the powers contained in section 92 of acted as driver in charge. the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order (d) No driver shall be entitled to pro- and declare— motion from one class to another That the Engineering Trades (Government) unless he satisfactorily passes Award, No. 29 of 1957, as amended, be and the any examination or test required same is hereby further amended in accordance by the head of the branch with the following schedule and such amend- (e) A driver whilst acting as sub- ment shall take effect as from the beginning foreman shall be paid in accord- of the first pay period commencing on or after ance with the current award the date hereof. of the Railways Classification Dated at Perth this 27th day of January, 1967. Board; provided that he shall not be paid a lesser rate than pre- (Sgd) S. F. SCHNAARS. scribed in this award for a [L.S.J Commissioner. driver in charge. (f) Enginemen employed on shunting engines handling sulphur in transit from ship's side to the Schedule. chemical works shall be paid ten 1. First Schedule—Wages: Delete paragraphs cents per day extra whilst so (a) and (b) and insert in lieu thereof:— employed, and shall also be sup- $ plied with goggles. (a) Basic Wage (per week) 33.50 (b) Margin over basic wage (per week): (4) Washoutmen, Packers and Trim- (1) Patternmaker 20.25 mers— (2) Toolmaker 18.50 During the first year 7.45 (3) Blacksmith— Thereafter 9.00 (i) In workshops 16.00 (ii) On or about construction (5) Special Service Loading: work doing field work .... 15.50 (4) Instrument maker and repairer .... 18.50 All adult employees working under (5) Welders— this award shall be paid in addi- (i) Special class 17.00 tion to the rates prescribed a special service loading of— (ii) First class 15.50 (iii) Second class 6.10 (a) when in receipt of a margin (iv) Third class .... 5.15 not exceeding six dollars and (v) Fourth class 4.40 thirty cents per week—fifty (6) Fitter (including meter fitter and cents per week; tractor fitter) 15.50 (7) Automotive electrical fitter .... 15.50 (b) when in receipt of a margin exceeding six dollars and (8) Turner 15.50 thirty cents — seventy-five (9) Brass Finisher 15.50 cents per week. (10) Motor mechanic 15.50 84 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

$ ENGINEERING. (11) Electrical fitter and/or armature (State Electricity Commission.) winder 15.50 Award Nod. 36, 37 and 38 of 1961. (12) Electrical installer 15.50 (12a) Controller and Maintenance BEFORE THE WESTERN AUSTRALIAN (Relays)— INDUSTRIAL COMMISSION. (a) First twelve months 16.80 (b) Thereafter 18.50 No. 95 of 1967. (13) Driller using borer or cutter bar 15.50 Between Coastal District Committee Amalgamated Engineering Union Association of Workers, (14) Driller using Asquith or Tullis and others, Applicants, and State Electricity radial drills 15.50 Commission of Western Australia, Respond- (15) Driller using Swift machine .... 8.40 ent. (16) Driller using Herbert two spindle sensitive drilling machine (but HAVING heard Mr J. Mutton on behalf of the when drilling to a marked circum- Coastal District Committee Amalgamated Engi- ference (1.25c) per hour extra neering Union Association of Workers, Mr M. whilst so employed) 6.10 Jahn on behalf of the State Executive, Austra- (17) Driller using other machine .... 6.10 lasian Society of Engineers Industrial Associa- tion of Workers and Mr R. W. Fletcher on behalf (18) Screwer and/or S.E.W. cold saw of the Electrical Trades Union of Workers of Aus- machines 6.10 tralia (Western Australian Branch), Perth, ap- (19) Traffic Signals—lamp changer— plicants, and Mr R. A. West on behalf of the re- Main Roads Department 7.90 spondent, and by consent, I, the undersigned. Chief (20) Shot blast and sand blast dressers Industrial Commissioner of The Western Austra- who are not protected from flying lian Industrial Commission, in pursuance of the shot and sand by properly en- powers contained in section 92 of the Industrial closed cabin 7.90 Arbitration Act, 1912-1966, and all other powers (21) Rigger and splicer on ships and therein enabling me, do hereby order and declare— buildings 7.90 That the Engineering Trades (State Elec- (22) Electric overhead crane driver tricity Commission) Award Nod. 36, 37 and partly employed on maintenance 38 of 1961, as amended, be and the same is of lifting gear 7.90 hereby further amended in accordance with (23) Electric overhead crane driver . 5.15 the following schedule. (24) Shearers 6.10 Dated at Perth this 10th day of February, 1967. (25) Bolt machinist 6.10 [L.S.l (Sgd) S. F. SCHNAARS, (26) Process worker 3.75 Commissioner. (27) Casting dresser 5.00 (28) Forge steam hammer driver 4.80 Schedule. (29) Tradesman's assistant 4.15 1. Clause 5—^Definitions: Add the following new (30) Furnaceman (iron) 7.55 definition:— (31) Furnaceman (brass) 6.40 "Transformer Assembler" means a worker who is required to dismantle, clean and (32) Furnaceman's assistant 4.15 assemble transformers but does not in- (33) Crane attendant 3.00 clude a worker who is engaged as a tradesman. (34) Pig iron breaker 3.00 4.25 2. Clause 31—Wages: Delete placita (1) (a), (35) Tool storeman (b) and (c) and insert in lieu thereof:— (36) Annealing stove attendant 4.80 $ (a) Basic Wage 33.50 Delete paragraph headed "Leading Hands" (b) Margins: and insert in lieu thereof:— Armature winder 16.50 Blacksmith 16.50 Leading Hands: "Leading Hands" means Cable jointer 15.90 any tradesman placed in charge of three or Electrical fitter 16.50 more other workers. A leading hand shall be Electrical installation attendant .... 12.20 paid such extra rate as hereinafter pre- Electrical installer 16.50 scribed:— Electrical relay maintainer— First twelve months' experience 18.00 (i) When in charge of not less than three Thereafter 19.70 and not more than ten other workers, Fitter 16.50 shall be paid two dollars thirty cents Instrument maker and repairer .... 19.70 per week extra. Linesman— (ii) When in charge of more than ten and First grade 16.50 not more than twenty other workers, Second grade 14.20 shall be paid four dollars and forty Lineman's assistant 5.40 five cents per week extra. Machinist— First class 16.50 (iii) When in charge of more than twenty Second class 11.10 other workers, shall be paid six dollars Third class 8.00 and sixty five cents per week extra. Meter fixer 12.60 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

$ FOREMEN (GOVERNMENT). Meter tester— (Water Supply.) First grade 12.20 Award No. 1 of 1957. Second grade 10.20 Motor mechanic 16.50 BEFORE THE WESTERN AUSTRALIAN Patternmaker 21.30 INDUSTRIAL COMMISSION Pole erecting equipment operator .... 10.40 No. 169 Of 1967. Radio serviceman 16.50 Rigger ... 12.30 Between; Government Water, Sewerage and Street light patrolman 8.50 Drainage Employees' Industrial Union of Tool storeman 7.50 Workers, Applicant, and Hon. Minister for Tradesman's assistant 5.40 Water Supply, Respondent. Transformer assembler 12.40 HAVING heard Mr H. R. Barrett on behalf of the Turner 16.50 applicant and Mr L. E. Boylan on behalf of the Welder— respondent, and by consent, I, the undersigned, First class 16.50 Chief Industrial Commissioner of The Western Second class 8.00 Australian Industrial Commission, in pursuance of Third class ...... 6.80 the powers contained in section 92 of the Industrial Fourth class 5.80 Arbitration Act, 1912-1966, and all other powers (c) A Leading Hand—i.e., a worker placed in therein enabling me, do hereby order and declare;— charge of three or more other workers or otherwise classified by the employer as a That the Government Water, Sewerage and leading hand, shall be paid the additional Drainage Foremen's Award, No. 1 of 1957, as margin set out hereunder:— amended, be and the same is hereby further amended in accordance with the following (i) if in charge of not more than ten schedule and that such amendment shall take other workers—$3; effect as from the beginning of the first pay (ii) if in charge of more than ten and period commencing on or after the date hereof. not more than twenty other workers —$5.50; (iii) if in charge of more than twenty Dated at Perth this 10th day of February, 1967. other workers—$7.90. (Sgd.) S. F. SCHNAARS, IL-S-l Commissioner.

FERRYMASTERS AND ENGINEERS (Transport Trust.) Award No. 8 of 1965. BEFORE THE WESTERN AUSTRALIAN Schedule INDUSTRIAL COMMISSION. First Schedule—Wages: delete this schedule and No. 86 of 1967. insert in lieu thereof the following:— Between Merchant Service Guild of Australia, Western Australian Section, Union of Work- First Schedule—Wages ers, Applicant, and Metropolitan (Perth) Pas- $ senger Transport Trust, Respondent. (1) Basic Wage (per week 33.50 HAVING heard Mr B. Foley on behalf of the appli- cant and Mr R. Lane on behalf of the respondent, (2) Subject to the following the employer shall and by consent, I, the undersigned, Chief Indus- classify each employee within the marginal trial Commissioner of The Western Australian In- ranges prescribed. dustrial Commission, in pursuance of the powers Marginal Range (per week) $ $ contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein en- (a) Construction— abling me, do hereby order and declare— Supervising foreman .... 28.50 - 30.85 That the Ferries Masters and Engineers Senior foreman .... 25.65 - 28.00 (Transport Trust) Award, No. 8 of 1965, as Foreman 21.80 - 24.90 amended, be and the same is hereby further amended in accordance with the following (b) Water Supply Maintenance— schedule and that such amendment shall take Foreman and Assistant effect as from the beginning of the first pay Foreman 20.30 - 29.25 period commencing on or after the date hereof. Dated at Perth this 3rd day of February, 1967. (c) Sewerage Maintenance— (Sgd) S. F. SCHNAARS, Foreman and Assistant [L.S.] Commissioner. Foreman 20.30 - 29.25 (d) Goldfields Section— Foreman 20.30 - 30.85 Schedule. Clause 4—Wages. Delete paragraph (b) or sub- (3) The employer shall classify each employee clause (1) and insert in lieu thereof:— within the marginal ranges prescribed and $ may in the event of a change of duties or (b) Masters Engineers and Shore En- any other circumstances reelassify any of gineers .... 15.40 the positions within those marginal ranges. 86 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

FROZEN FOODS EMPLOYEES. Casual Workers: Casual workers shall re- Award No. 13 of 1964. ceive fifteen per cent, in addition to the rates prescribed in this clause for the BEFORE THE WESTERN AUSTRALIAN work performed. INDUSTRIAL COMMISSION. (6) Leading hands: No. 104 of 1967. Males per week extra—A leading Between the Food Preservers' Union of Western hand in charge of— $ Australia, Union of Workers, Applicant, and (a) Less than three other work- Diamond Foods Ltd, and others, Respond- ers 1.20 ents. (b) Not less than three and not HAVING heard Mr W. J. Gough on behalf of the more than ten other workers 2.30 applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I, the under- (c) More than ten but not more signed, Chief Industrial Commissioner of The than twenty other workers .... 4.45 Western Australian Industrial Commission, in pur- (d) More than twenty other work- suance of the powers contained in section 92 of the ers ...... 6.65 Industrial Arbitration Act, 1912-1966, and all Females per week extra—A leading other powers therein enabling me, do hereby order hand in charge of— and declare— (a) Less than three other work- That the Frozen Foods Award, No. 13 of ers ...... 0.60 1964, as amended, be and the same is hereby (b) Not less than three and not further amended in accordance with the fol- more than ten other workers 1.10 lowing schedule and that such amendment shall take effect as from the beginning of the (c) More than ten but not more first pay period commencing on or after the than twenty other workers .... 2.30 date hereof. (d) More than twenty other work- Dated at Perth this 10th day of February, 1967. ers 3.50 [L.S.] (Sgd) S. F. SCHNAARS, Commissioner. FRUIT AND VEGETABLE PROCESSING. Schedule. Award No. 34 of 1962. Delete Clause 7.—Wages, and insert in lieu BEFORE THE WESTERN AUSTRALIAN thereof the following:— INDUSTRIAL COMMISSION. No. 99 of 1967. 7.—Wages. Between the Food Preservers' Union of Western The following shall be the minimum rates of Australia, Union of Workers, Applicant, and wages payable to workers covered by this award:— Plaican Pty Ltd, and other, Respondents. (1) Basic Wage (Per Week): $ HAVING heard Mr W. J. Gough on behalf of the Adult males 33.50 applicant and Mr H, J. De Burgh on behalf of the Adult females 25.13 respondents, and by consent, I, the undersigned, (2) Adult males (margin over male basic Chief Industrial Commissioner of The Western wage per week): Australian Industrial Commission, in pursuance of (a) Fish Processing: the powers contained in section 92 of the Industrial Hand filleter 5.60 Arbitration Act, 1912-1966, and all other powers Retort operator 5.60 therein enabling me, do hereby order and (b) Poultry and Rabbit Processing: declare:— Killing 5.60 That the Fruit and Vegetable Processing Plucking and scalding 4.90 Award, No. 34 of 1962, as amended, be and the (c) General Factory Hand (all sect- same is hereby further amended in accordance ions) 4.40 with the following schedule and that such ,(3) Adult females (margin over female amendment shall take effect as from the basic wage per week) 2.30 beginning of the first pay period commencing (4) Junior Workers: on or after the date hereof. Junior males (per cent, of basic wage Dated at Perth this 10th day of February, 1967. per week)— % [L.S.I (Sgd.) S. F. SCHNAARS, 14 to 15 years of age 35 Commissioner. 15 to 16 years of age 45 16 to 17 years of age 55 17 to 18 years of age 65 18 to 19 years of age 75 Schedule. 19 to 20 years of age 85 Delete clause 7—Wages, and insert in lieu there- 20 to 21 years of age 95 of, the following:— Junior Females (per cent, of female basic wage per week)— 7.—Wages. 14 to 15 years of age — The following shall be the minimum rates of 15 to 16 years of age 45 wages payable to workers covered by this award:— 16 to 17 years of age 55 $ 17 to 18 years of age 65 (1) Basic Wage (per week): 18 to 19 years of age 75 19 to 20 years of age 85 Adult males 33.50 20 to 21 years of age 95 Adult females 25.13 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(2) Adult Males (margin over male basic the powers contained in section 92 of the Industrial wage per week): $ Arbitration Act, 1912-1966, and all other powers Cook 8.90 therein enabling me, do hereby order and declare— Fruit and vegetable preserver .... 8.90 That the Funeral Directors' Assistants' Jam boiler 5.60 Award, No. 18 of 1962, as amended, be and Syrup maker 5.60 the same is hereby further amended in accor- Fruit examiner 5.60 dance with the following schedule and that Retort attendant 5.60 such amendment shall take effect as from the General factory hand 4.40 beginning of the first pay period commencing (3) Adult Females (margin over female on or after the date hereof. basic wage per week) .... 2.30 Dated at Perth this 3rd day of February, 1967. (4) Junior Workers: [L.S.] (Sgd) S. F. SCHNAARS, Junior Male (per cent, of male basic Commissioner. wage per week): % 14 to 15 years of age 35 15 to 16 years of age ...... 45 16 to 17 years of age 55 Schedule. 17 to 18 years of age ...... 65 Clause 11—Wages: Delete this clause and in- 18 to 19 years of age ...... 75 sert in lieu thereof:— 19 to 20 years of age 85 20 to 21 years of age 95 11—Wages.. Junior Females (per cent., of female The minimum rates of wages payable to workers basic wage per week): covered by this award shall be as follows:— 14 to 15 years of age — 15 to 16 years of age ...... 45 (1) Basic Wage (per week): $ 16 to 17 years of age 55 Adult Males 33.50 17 to 18 years of age 65 18 to 19 years of age 75 (2) Adult Males (margin per week over 19 to 20 years of age 85 basic wage): 20 to 21 years of age ...... 95 (a) Branch officer 12.00 (5) Casual Workers: Casual workers shall (b) Coffin maker and/or coffin receive fifteen per cent, in addition to polishers 11.40 the rates prescribed in this clause for (c) General assistants, after hours the work performed. attendant ...... 9.95 (6) Leading Hands: (3) Leading Hands:—Any worker placed Males per week extra—A leading hand by the employer in charge of three or in charge of— more other workers shall be paid two $ dollars thirty cents per week in addi- (a) Less than three other workers 1.20 tion to the above. (b) Not less than three and not more than ten other workers 2.30 (c) More than ten but less than twenty other workers .... 4.45 FURNITURE. (d) More than twenty other workers 6.65 (Tubular Steel.) Females per week extra—A leading Award No. 44 of 1955. hand in charge of— BEFORE THE WESTERN AUSTRALIAN (a) Less than three other workers 0.60 INDUSTRIAL COMMISSION. (b) Not less than three and not more than ten other workers 1.10 No. 17 of 1967. (c) More than ten but not more Between the United Furniture Trades Industrial than twenty other workers .... 2.30 Union of Workers, Applicant, and Jason Metal (d) More than twenty other Furniture, and others, Respondents. workers 3.50 HAVING heard Mr H. Cox on behalf of the appli- cant and Mr D. Hosking on behalf of the respon- dents, and by cbnsent, I, the undersigned, Chief Industrial Commissioner of The Western Aus- FUNERAL BIRECTOBS ASSISTANTS. tralian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Award No. 18 of 1962. Arbitration Act, 1912-1966, and all other powers BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. therein enabling me, do hereby order and declare— That the Tubular Steel Furniture Award, No. 4 of 1967. No. 44 of 1955, as amended, be and the same Between Federated Miscellaneous Workers' Union is hereby further amended in accordance with of Australia, West Australian Branch, Union of the following schedule and that such amend- Workers, Applicant, and Bowra and O'Dea, and ment shall take effect as from the beginning of others, Respondents. the first pay period commencing on or after HAVING heard Mr W. Latter on behalf of the the date hereof. applicant and Mr D. Hosking on behalf of the res- Dated at Perth this 3rd day of February, 1967. pondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western [L.S.] (Sgd) S. F. SCHNAARS, Australian Industrial Commission, in pursuance of Commissioner. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

Schedule. FURNITURE. 1. Clause 8—Wages: Delete subclause (a), (b) {Iron Bedstead Making.) and (e) and insert in lieu thereof:— The minimum rates of wages payable to workers Award No. 37 of 1962, covered by this award shall be as follows:— (a) Basic Wage (per week) $ BEFORE THE WESTERN AUSTRALIAN Males ...... 33.50 INDUSTRIAL COMMISSION. Females 25.13 No. 18 of 1967. (b) Adult Msles (margin over male basic wage per week): Between the United Furniture Trades Industrial (1) Woodmachinist— Union of Workers, W.A,, Applicant, and Joyce (a) Shaper, foursider . . 15.10 Bros (W.A.) Pty Ltd and J. Gadsden Pty Ltd, (b) All others except Sander ... 7.35 Respondents. (c) Sander 6.10 HAVING heard Mr H. Cox on behalf of the appli- (2) Upholsterer 15.10 cant and Mr D. Hosking on behalf of the respon- (3) Assembler— dents, and by consent, I, the undersigned, Chief (a) A person assembling wooden Industrial Commissioner of The Western Australian parts of tubular steel furniture Industrial Commission, in pursuance of the powers by nailing, screwing, glueing contained in section 92 of the Industrial Arbitra- and including cramping and tion Act, 1912-1966, and all other powers therein a person attaching table edg- enabling me, do hereby order and declare— ing 7.15 (b) A person assembling steel That the Iron Bedstead Making Award, No. parts or fixing wooden parts 37 of 1962, as amended, be and the same is on to steel frames 4.40 hereby further amended in accordance with (4) Sprayers and/or varnishers and/ the following schedule and that such amend- or stainers 5.15 ment shall take effect as from the beginning (5) Welders— of the first pay period commencing on or 1st class—i.e. a worker using after the date hereof. electric arc or acetylene, petrol or coal gas blow pipe Dated at Perth this 3rd day of February, 1967. other than welding with the (Sgd) S. F. SCHNAARS, aid of a jig ...... 15.50 2nd class—A worker using the [L.S.] Commissioner. foregoing types of welding apparatus, with the aid of a jig or a worker operating automatic welding machines for the setting up Schedule. of which he is not respon- 1. Clause 6—Wages: Delete subclauses (a) and sible 6,10 (b) and insert in lieu thereof:— (6) Bending 5.15 $ (7) Grinding, boring, cutting, press- (a) Basic Wage (per week) 33.50 ing ...... 4.40 (b) Adults (margin over basic wage per (8) Labourer:— week): (a) Tailing out 2.35 (b) Others 0.30 Toolmaker (iron bedstead) 18.50 (e) Females: Jigmaker (iron bedstead) 15.50 (i) Junior Females (per cent of female Welder 1st class . 15.50 basic wage): % Welder 2nd class . 6.10 Between 15 and 16 years of age 35 Between 16 and 17 years of age 45 Welder 3rd class 5,15 Between 17 and 18 years of age 55 Link mesh machine operator 6.20 Between 18 and 19 years of age 65 Bedstead maker and assembler . 5.15 Between 19 and 20 years of age 82 Spray painter ...... 5.15 Between 20 and 21 years of age 100 Spring maker—hand ... 5.15 (ii) Adult Females (margin over $ female basic wage) 3.35 Labourers .... 0.30 2. Clause 9.—Leading Hands: Delete this clause 2. Clause 7—Leading Hands: Delete this clause and insert in lieu thereof:— and insert in lieu thereof:— 9.—Leading Hands. 7.—Leading Hands. (1) Males: A leading hand placed in charge of— (a) not less than three and not more than ten A worker placed in charge of— other workers shall be paid two dollars (a) not less than three and not more than and thirty cents per week extra. ten other workers shall be paid forty- (b) more than ten and not more than twenty six cents per day extra; other workers shall be paid four dollars

Award No. 6 of 1980. (9) (a) Wire mattress making BEFORE THE WESTERN AUSTRALIAN (b) Stretching up and tacking on INDUSTRIAL COMMISSION. (10) (a) Wicker Furniture Maker No. 19 of 1967. (b) Others Between the United Furniture Trades Industrial (11) Ironwork for Wickerwork Union of Workers, W.A., Applicant, and Hearn Manufacturing Co. Pty Ltd, and others, Re- (12) Bedding Making: spondents. (a) Employee who sets up, adjusts HAVING heard Mr H. Cox on behalf of the ap- and operates any of the follow- plicant and Mr D. Hosking on behalf of the re- ing bedding machines: Power spondents, and by consent, I, the undersigned, Chief tufting, quilting, roll edge, tape Industrial Commissioner of The Western Australian edge, buttoning, or pre-built Industrial Commission, in pursuance of the powers border contained in section 92 of the Industrial Arbitration (b) Hand tufting, hand roll, hand Act, 1912-1966, and all other powers therein en- edging, hand quilting abling me, do hereby order and declare— (c) Garnetting machine operator That the Furniture Trades Award, No. 6 of (d) Automatic spring making mach- 1960, as amended, be and the same is hereby ine operators further amended in accordance with the fol- (e) Machine operators other than lowing schedule and that such amendment shall as above, and assistants to fore- take effect as from the beginning of the first going bedding making classifi- pay period commencing or on after the date cations other than labourers hereof. and including assemblers Dated at Perth this 3rd day of February, 1967. (f) Sewing Machine mechanic (Sgd) S. F. SCHNAARS. (13) Picture frame making [L.S.] Commissioner. (14) General: Workers whose duties in- clude work additional to that pre- scribed in this item 14 and which work is otherwise covered by items Schedule. 1-6, inclusive, shall not be paid as being employed under this item but 1. Clause 8.—Wages: Delete this clause and in- shall be paid the appropriate rate, sert in lieu thereof:— under items 1 to 6 inclusive. Workers employed on any of the 8.—Wages. duties coming within the follow- ing designations shall subject to Basic Wage (per week): the foregoing be paid as follows:— Males .... (a) Assembler, i.e. an adult work- Females er employed in fitting to- Adult Males (margin per week): gether by nailing, screwing, glueing or fixing in any man- (1) Cabinetmaking (see also items 14(a) ner jointed, moulded or fin- and 14 (b)) ished parts of wooden furni- Tool allowance ture and who in so doing can where necessary trim edges (2) Chairmaking and/or repairing (see and make minor adjustments also items 14(a), 14(b), and 14(c) ) and includes assembling of (3) Woodcarving chairs by means of a machine (4) Woodturning press or machine cramp only (5) Upholstering and the attaching of panel backs. Assembling shall also (6) French polishing (see also item include the fixing of hinges 14(d) ) ■ of prefitted rebated doors .... (7) (a) Veneering (b) Veneer layer or gluer engaged (b) (i) Employee cramping furni- in the preparing or making of iture including cramp- veneered panels or plywood or ing pieces into chair parts core-board or partly prepared by means of a machine timber or parts of furniture cut press or a machine cramp to size only (ii) Employee attaching fin- (8) (a) Woodmachining (Shaper, Rout- ished parts of any de- er, Double-sided tenoner, four- scription, other than sider) where the worker also those referred to in grinds cutters and/or sets up (14(a) to otherwise com- and a router and/or a Shaper pleted furniture, the Hand who works free-hand .... attachment of such parts (b) Woodmachining (Others) requiring the use only of (c) Sanding—where a worker is ex- a hammer, screwdriver, clusively employed on work not pincers, bradawl, pliers, covered by a tradesman's classi- spanner, wire-cutter, fication punch and drill (3)—3351 a WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

(b) not less than ten and not more than twenty (c) Stuff over chair or couch frame other workers shall be paid eighty-nine maker i.e. an adult person who cents per day extra; makes frames on which uphol- sterers cover all the wood work (c) more than twenty other workers shall be except the legs and/or feet, and paid one dollar and thirty-three cents per of which the wood work is pre- day extra. pared by machines and includ- 3. Clause 11—Setter Out: Delete this clause ing such frames to which the and insert in lieu thereof:— arms and/or legs and/or trays and/or ornaments and/or fit- 11.—Setter Out. tings are to be attached .... 6.40 A cabinetmaker other than a leading hand who (d) Spraying and/or sandpapering sets out from plans prepared for that puropse de- or varnishing and/or staining 5.15 tailed work for other cabinetmakers shall be paid (e) Labourer— an extra fifty-seven cents per day, provided that a (a) Tailing out 2.35 leading hand covered by clause 10(a) shall in lieu of the rate therein prescribed be paid the rate for (b) Others 0.30 a Setter Out. (15) Male Junior Workers (including Lap Boys) (per cent, of male basic wage per week): % Between 14 and 15 years of age .... 20 Between 15 and 16 years of age .... 33 GARDENERS. Between 16 and 17 years of age .... 45 (Education Department.) Between 17 and 18 years of age .... 58 Between 18 and 19 years of age .... 70 Award No. 16 of 1S65. Between 19 and 20 years of age .... 82 Between 20 and 21 years of age .... 95 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. (16) Apprentices (per cent, of male basic wage per week): No. 63 of 1967. (a) Five-year term— % Between the West Australian Cleaners, Caretakers, First year 35 Lift Attendants, Window Cleaners, Attendants and Watchmen's Industrial Union of Workers Second year 50 (Perth), Applicant, and Minister for Educa- Third year 68 tion, Respondent. Fourth year 90 HAVING heard Mr W. J. Fitzgerald on behalf of Fifth year 100 the applicant and Mr G. D. Johnson on behalf of plus $3.82 the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western (b) Four-year term— % Australian Industrial Commission, in pursuance of First year 38 the powers contained in section 92 of the Indus- Second year 68 trial Arbitration Act, 1912-1966, and all other Third year 90 powers therein enabling me, do hereby order and Fourth year 100 declare— plus $3.82 That the Gardeners' (Education Department (c) Three-year term— % of Western Australia) Award, No. 16 of 1965, as amended, be and the same is hereby further First year 55 amended in accordance with the following Second year 90 schedule and that such amendment shall take Third year 100 effect as from the beginning of the first pay plus $3.82 period commencing on or after the date hereof. (17) Female Junior Workers (per cent. Dated at Perth this 3rd day of February, 1967. of female basic wage per week): % [L.S.I (Sgd) S. F. SCHNAARS, Between 15 and 16 years of age 31.5 Commissioner. Between 16 and 17 years of age 36 Between 17 and 18 years of age 50 Between 18 and 19 years of age 65 Schedule. Between 19 and 20 years of age 82 Between 20 and 21 years of age 100 Clause 8—Wages: Delete this clause and insert $ in lieu thereof:— Over 21 years of age (margin over female basic wage per week) .... 3.35 8.—Wages. $ 2. Clause 10.—Leading Hands: Delete this (1) Basic Wage (per week) 33.50 clause and insert in lieu thereof: (2) Adult Males (margin per week): (a) Senior gardener 6.10 10.—Leading Hands. (b) Gardener 4.80 A worker placed in charge of—■ (c) Gardener's assistant ...... 3.00 (a) not less than three and not more than ten (3) Casual workers shall be paid ten per other workers shall be paid fourty-six cents cent, in addition to the rates payable per day extra; under this award. 22 March, 1987.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 91

GATE, FENCE AND ORNAMENTAL WROUGHT GRAIN HANDLING. IRON MAKING. (Albany Terminal.) Award No. 53 of 1955. Award No. 34 of 1961. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. BEFORE THE WESTERN AUSTRALIAN No. 96 of 1967. INDUSTRIAL COMMISSION Between State Executive, Australasian Society of No. 35 of 1967. Engineers' Industrial Association of Workers, Between: Australian Workers' Union, Westralian Applicant, and Cyclone Company of Australia Branch, Industrial Union of Workers, Limited, and others, Respondents. Applicant, and Co-operative Bulk Handling HAVING heard Mr M. Jahn on behalf of the Ltd, Respondent. applicant and Mr D., Hosking on behalf of the HAVING heard Mr H. Barry on behalf of the respondents, and by consent, I, the undersigned., applicant and Mr H. J. De Burgh on behalf of the Chief Industrial Commissioner of The Western respondent, and by consent, I, the undersigned. Australian Industrial Commission, in pursuance of Chief Industrial Commissioner of The Western the powers contained in section 92 of the Industrial Australian Industrial Commission, in pursuance of Arbitration 'Act, 1912-1966, and all other powers the powers contained in section 92 of the Industrial therein enabling me, do hereby order and declare— Arbitration Act, 1912-1966, and all other powers That the Gate, Fence and Ornamental therein enabling me, do hereby order and declare— Wrought Iron Making Award, No. 53 of 1955, That the Grain Handling (Albany Terminal) as amended, be and the same is hereby further Award, No. 34 of 1961, as amended, be and the amended in accordance with the following same is hereby further amended in accordance schedule and that swell amendment shall take with the following schedule and that such effect as from the beginning of the first pay amendment shall take effect as from the period commencing on or after the date hereof. beginning of the first pay period commencing Dated at Perth this 3rd day of February, 1967. on or after the date hereof. (Sgd) S. P. SCHNAARS, Dated at Perth this 10th day of February, 1967. Commissioner. [L.S.l (Sgd.) S. F. SCHNAARS, Commissioner. Schedule. 1. Clause 3—Wages: Delete subclauses (a) and Schedule. (b) and insert in lieu thereof:— $ Clause 8.—Wages: delete subciause (a) of this (a) Basic Wage (per week) .... 33.50 clause and insert in lieu thereof the following:— $ (b) Adults (margin over male basic wage (a) Basic Wage (per week) 33.50 per week): Margins (per week) (1) Metal frame and scroll makers .. 6.20 Group I 22.70 (2) Workers erecting hand rails lawn tennis courts, bannister rails, and Group II 18.70 structural work of any descrip- *Group III 14.85 tion ... u.oup, o r: * After six months' satisfactory service (3) Spring coil, ring lock "K" fence Group II rate to apply. and fabric machinists 6.20 The rates herein prescribed provide for (4) Machinists assistants 5.15 normal disabilities such as dust, working (5) Labourers 0,30 in confined spaces, height, etc., associated (6) First class welder .... 15.50 with the job. (7) Second class welder 6.10 (8) Third class welder . .. 5.15 GRAIN HANDLING, (9) Fourth class welder . . 4.40 i Geraldton Terminal.) Provided that any person without previous Award No. 2 of 1961. experience in the industry who is engaged to BEFORE THE WESTERN AUSTRALIAN perform work prescribed for in classifications INDUSTRIAL COMMISSION. (b) (1), (2) and (3) above shall receive a mar- gin of fifty cents per week less than those No. 34 of 1967. prescribed above for such classifications for Between: Australian Workers' Union, Westralian the first six weeks of his employment. Branch, Industrial Union of Workers, Applicant, and Co-operative Bulk Handling 2. Clause 15—Special Rates and Conditions: Ltd., Respondent. Delete subciause (a) and insert in lieu thereof:— HAVING heard Mr H. Barry on behalf of the (a) Leading Hands: A leading hand in applicant and Mr H. J. De Burgh on behalf of the in charge of:— respondent, and by consent, I, the undersigned, (1) Not less than three and not more than Chief Industrial Commissioner of The Western ten other workers shall be paid $2.30 Australian Industrial Commission, in pursuance of per week extra. the powers contained in section 92 of the Industrial (2) More than ten and not more than Arbitration Act, 1912-1966, and all other powers twenty other workers shall be paid therein enabling me, do hereby order and declare— $4.45 per week extra. That the Grain Handling (Geraldton (3) More than twenty other workers shall Terminal) Award, No. 2 of 1961, as amended, be paid $6.65 per week extra. be and the same is hereby further amended in 92 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

accordance with the following schedule and GROCERY MANUFACTURING. that such amendment shall take effect as from the beginning of the first pay period Award No. 17 of 1962. commencing on or after the date hereof. BEFORE THE WESTERN AUSTRALIAN Dated at Perth this 10th day of February, 1967. INDUSTRIAL COMMISSION. (Sgd.) S. F. SCHNAARS, IL.SJ No. 102 of 1967. Commissioner. Between the Food Preservers' Union of Western Australia, Union of Workers, Applicant, and D. & J. Fowler (Aust.) Ltd, and others, Schedule. Respondents. Clause 7.—Wages: delete subclause (a) of this clause and insert in lieu thereof the following:— HAVING heard Mr W. J. Gough on behalf of the $ applicant and Mr H, J. De Burgh on behalf of the (a) Basic Wage (per week) 33.50 respondents, and by consent, I, the undersigned, Margins (per week) Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of Group I 22.70 the powers contained in section 92 of the Industrial Group II 18.70 Arbitration Act, 1912-1966, and all other powers ♦Group III 14.85 therein enabling me, do hereby order and declare— ♦After six months' satisfactory service Group That the Grocery Manufacturing Award, No. II rate to apply. 17 of 1962, as amended, be and the same is The rates herein prescribed provide for hereby further amended in accordance with normal disabilities such as dust, working the following schedule and that such amend- in confined spaces, height, etc., associated ment shall take effect as from the beginning with the job. of the first pay period commencing on or after the date hereof. GRAIN HANDLING. Dated at Perth this 10th day of February, 1967. (North Fremantle.) (Sgd) S. F. SCHNAARS. Award No. 6 of 1964. Commissioner. BEFORE THE WESTERN AUSTRALIAN [L.S.] INDUSTRIAL COMMISSION No. 36 of 1967. Between: Australian Workers' Union, Westralian Schedule. Branch, Industrial Union of Workers, Appli- Delete clause 7—Wages, and insert in lieu cant, and Co-operative Bulk Handling Ltd., thereof the following:— Respondent. HAVING heard Mr H. Barry on behalf of the appli- 7.—Wages. cant and Mr H. J. De Burgh on behalf of the The following shall be the minimum rates of respondent, and by consent, I, the undersigned, wages payable to workers covered by this award:— Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of (a) Basic Wage (per week): . $ the powers contained in section 92 of the Industrial Adult males 33.50 Arbitration Act, 1912-1966, and all other powers Adult females 25,13 therein enabling me, do hereby order and (b) Adult Males (margin over male basic declare— wage per week): That the Grain Handling (North Fremantle) Grocers' Sundries— Award, No. 6 of 1964, as amended, be and the Worker roasting and/or grinding same is hereby further amended in accor- and mixing and blending coffee dance with the following schedule and or chicory 7.30 that such amendment shall take effect as from Steam retort operator ...... 6135 the beginning of the first pay period commenc- Other grinders or millers 6.20 ing on or after the date hereof. Other mixers and blenders .... 6.20 Dated at Perth this 10th day of February, 1987. Roasters of other commodities .... 6.20 (Sgd.) S. F. SCHNAARS, Nut Foods and Allied Products- [L.S.l Commissioner. Roasters of nuts .... 7.30 Salted cooker (potato chips and Schedule nuts) , ,, 7.30 Cereal Foods— Clause 20.—Wages: delete subclause (1) of this Cereal cooker 6.20 clause and insert in lieu thereof the following:— Filler, pressmen and conveyor $ (1) (a) Basic Wage (per week) .... 33.50 workers 5.15 (b) Margins (per week): Macaroni— Group I 22.70 Worker drying macaroni, vermicelli Group II 18.70 and allied products 6.60 ♦Group IH 14.85 Paste maker 5.60 ♦After six months satisfactory Press operators .... 5.60 service Group II rate to apply. All Sections— The rates herein prescribed provide for General factory hands 4.90 normal disabilities such as dust, working All others 2.65 in confined spaces, height, etc., associated (c) Adult Females (margin over female with the job. basic wage per week) 2.25 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(d) Junior Workers: the powers contained in section 92 of the Industrial Males (per cent, of male basic wage Arbitration Act, 1912-1966, and all other powers per week)— % therein enabling me, do hereby order and declare—• 14 to 15 years of age ... . 30 That the Hostel Employees' (South West 15 to 16 years of age 40 Land Division) Award, No. 36 of 1959, as amended, be and the same is hereby further 16 to 17 years of age 50 amended in accordance with the following 17 to 18 years of age 60 schedule and that such amendment shall take 18 to 19 years of age ...... 70 effect as from the beginning of the first pay 19 to 20 years of age 80 period commencing on or after the date hereof. 20 to 21 years of age ...... 95 Dated at Perth this 3rd day of February, 1967. CL.S.] (Sgd) S. P. SCHNAARS, Junior Females (per cent of female Commissioner. basic wage per week) — 14 to 15 years of age ...... — 15 to 16 years of age . .. .. 45 Schedule. 16 to 17 years of age 55 Clause 10—Wages: Delete this clause and insert 17 to 18 years of age 65 in lieu thereof:— 18 to 19 years of age 75 10.—Wages. 19 to 20 years of age ...... 85 (a) Basic Wage (per week) $ Males .... 33.50 20 to 21 years of age 95 Females 25.13 (e) Casual Workers: Casual workers shall (b) Classification and margin per receive ten per cent, in addition to week over basic wage: the rates prescribed in this clause for (1) Cooks—In establishments the work performed. where three cooks are em- ployed— Male. Female. (f) Leading Hands: $ $ Males per week extra—A leading-hand First cook 9.90 9.90 in charge of— Second cook 6.70 6.70 $ Third cook ...... 5.15 5.15 (i) less than three other workers 1.20 (2) Where more than three (ii) not less than three and not cooks are employed the more than ten other workers 2.30 (iii) more than ten but less than minimum shall be twenty other workers ... 4.45 (3) Where two cooks (iv) more than twenty other are employed— workers 6.65 First cook 8.40 8.40 Second cook 5.80 5.80 Females per week extra—A leading- (4) Where only one cook i hand in charge of— employed 6.70 6.70 (i) Less than three other workers 0.60 (ii) Not less than three and not (5) Waiter 3.75 — more than ten other workers 1.10 (6) Kitchenman, pantrymai (iii) More than ten but not more and sculleryman 3.00 — than twenty other workers ... 2.30 (7) Night Porter 4.40 — (iv) More than twenty other (8) Hall Porter 3.75 — workers .... 3.50 (9) Lift Attendant 3.00 — (g) Workers engaged on the milling and/ (10) Yardman, handyman and or grinding of spices shall be paid five unspecified male workers 3.00 ■— cents per hour in addition to the rates herein prescribed. (11) Waitress ...... — 3.65 (12) Other female workers .... — 3.65

HOSTEL EMPLOYEES. HOSTEL EMPLOYEES. (SOUTH WEST LAMB DIVISION.) (METROPOLITAN.) Award No. 36 of 1959. Award No. 23 of 1955. BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. No. 11 of 1967. No. 6 of 1967. Between the Hotel, Club, Caterers, Tea Room and Between Hotel, Club, Caterers, Tea Room and Restaurant Employees' Industrial Union of Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and the Proprietor, Workers, Perth, Applicant, and Derward Central Private Hotel, Bunbury, and others, Hostel, and others, Respondents. Respondents. HAVING heard Mr W. Latter on behalf of the HAVING heard Mr W. Latter on behalf of the applicant and Mr G. J. Martin on behalf of the applicant and Mr G. J. Martin on behalf of the respondent, and by consent, I, the undersigned, respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Indus- 94 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967. trial Arbitration Act, 1912-1966, and all other the powers contained in section 92 of the Industrial powers therein enabling me, do hereby order and Arbitration Act, 1912-1966, and all other powers declare— therein enabling me, do hereby order and declare— That the Hostel Employees' (Metropolitan) That the Hotel Workers' (Metropolitan) Award, No. 23 of 1955, as amended, be and the Award, No. 25 of 1962, as amended, be and the same is hereby further amended in accor- same is hereby further amended in accordance dance with the following schedule and that with the following schedule and such amend- such amendment shall take effect as from the ment shall take effect as from the beginning beginning of the first pay period commencing of the first pay period commencing on or after on or after the date hereof. the date hereof. Dated at Perth this 3rd day of February, 1967. Dated at Perth this 27th day of January, 1967. [L.S.] (Sgd) S. F. SCHNAARS, [L.S.l- (Sgd.) S. F. SCHNAARS, Commissioner. Commissioner.

Schedule. Schedule. Clause 9—Wages: Clause 32—Wages: Delete subclauses (1) and (2) Delete this clause and insert in lieu thereof: of this clause and insert in lieu thereof:— (1) Basic Wage (per week): $ 9.—Wages. Males ...... 33.50 (a) Basic Wage (per week): $ Females 25.13 Males 33.50 (2) Classification (margin per week over Females 25.13 basic wage): (b) Classification and margin per week (a) Cooks — In establishments where over basic wage: three cooks are employed— Male Female First cook ...... 10.10 $ $ Second cook 7.30 (1) Cooks—In establishments Third cook 6.10 where three cooks are (b) Where more than three cooks are employed— employed the minimum shall be .. 6.10 First cook 10.10 10.10 (c) Where two cooks are employed— Second cook ... 7.30 7.30 First cook 8.45 Third cook 6.10 6.10 Second cook 6.60 (2) Where more than three (d) Where only one cook is employed 7.45 cooks are employed the (e) Waiter 3.75 minimum shall be .... 6.10 6.10 (f) Kitchenman 3.00 (3) Where two cooks are em- (g) Night porter 3.75 ployed— (h) Hall porter 3.75 First cook 8.45 8.45 (i) Steward 3.75 Second cook 6.60 6.60 (j) Lift attendant 3.00 (k) Yardman, etc. 3.00 (4) Where only one cook is (1) Waitress 3.65 employed 7.45 7.45 (m) All other females 3.65 (5) Waiter 3.75 — (6) Kitchenman, pantryman, sculleryman 3.00 — HOTEL WORKERS. (7) Night porter 3.75 — (Rest of State.) (8) Hall porter 3.75 — Award No. 28 of 1962. (9) Lift attendant 3.00 — BEFORE THE WESTERN AUSTRALIAN (10) Yardman and unspecified INDUSTRIAL COMMISSION. male worker 3.00 — No. 469 of 1966. (11) Waitress — 3.65 Between the Hotel, Club, Caterers, Tea Room and (12) All other female workers — 3.65 Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Wyndham Hotel, Wyndham, and others, Respondents. HAVING heard Mr W. Latter on behalf of the ap- HOTEL WORKERS. plicant and Mr G. J. Martin on behalf of the re- (Metropolitan.) spondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Award No. 25 of 1963. Industrial Commission, in pursuance of the powers BEFORE THE WESTERN AUSTRALIAN contained in section 92 of the Industrial Arbitra- INDUSTRIAL COMMISSION. tion Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—■ No. 470 of 1966. That the Hotel Workers' (Rest of State) Between the Hotel, Club, Caterers, Tea Room and Award No. 28 of 1962, as amended, be and the Restaurant Employees' Industrial Union of same is hereby further amended in accordance Workers, Perth, Applicant, and Esplanade with the following schedule and such amend- Hotel, and others, Respondents. ment shall take effect as from the beginning HAVING heard Mr W. Latter on behalf of the of the first pay period commencing on or after applicant and Mr G. J. Martin on behalf of the the date hereof. respondents, and by consent, I, the undersigned, Dated at Perth this 27th day of January, 1967. Chief Industrial Commissioner of The Western (Sgd) S. F. SCHNAARS, Australian Industrial Commission, in pursuance of [L.S.l Commissioner. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 95

Schedule. $ (2) Classification (margin per week over Clause 29—Wages: Delete subclauses (1) and basic wage): (2) of this clause and insert in lieu thereof the (a) Cooks—In establishments where following:— three cooks are employed— CD Basic Wage (per week): $ Males 33.50 First cook ...... 10.10 Females 25.13 Second cook .... 7.30 (2) Classification (margin per week over Third cook ...... 6.10 basic wage): (b) Where more than three cooks are (a) Cooks—In establishments where employed the minimum shall be .. 6.10 three cooks are employed— (c) Where two cooks are employed— First cook 10.10 First cook 8.45 Second cook .... 7.30 Second cook .... 6.60 Third cook 6.10 (d) Where only one cook is employed 7.45 (b) Where more than three cooks are (e) Waiter 3.75 employed the minimum shall be 6.10 (f) Kitchenman 3.00 (c) Where two cooks are employed— First cook 8.45 (g) Night porter 3.75 Second cook 6.60 (h) Hall porter ...... 3.75 (d) Where only one cook is employed 7.45 (i) Steward 3.75 (e) Waiter 3.75 (j) Lift attendant 3.00 (f) Kitchenman 3.00 (k) Yardman, etc. .... 3.00 (g) Night porter 3.75 (1) Waitress 3.65 (h) Hall porter 3.75 (m) All other females 3.65 (i) Steward 3.75 (j) Lift attendant 3.00 (k) Yardman, etc 3.00 ICE CREAM AND FROZEN CONFECTIONERY (1) Waitress 3.65 M ANUF ACTURIN G. (m) All other females 3.65 Award No. 6 of 1963. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. HOTEL WORKERS. No. 101 of 1967. (South-West Land Division.) Award No. 27 of 1962. Between the Food Preservers' Union of Western BEFORE THE WESTERN AUSTRALIAN Australia, Union of Workers, Applicant, and INDUSTRIAL COMMISSION. Peters Ice Cream (W.A.) Ltd, and others, No. 468 of 1966. Respondents. Between: The Hotel, Club, Caterers, Tea Room and HAVING heard Mr W. J. Gough on behalf of the Restaurant Employees' Industrial Union of applicant and Mr H. J. De Burgh on behalf of the Workers, Perth, Applicant, and Rose Hotel, respondents, and by consent, I, the undersigned, Bunbury, and others, Respondents. Chief Industrial Commissioner of The Western HAVING heard Mr W. Latter on behalf of the Australian Industrial Commission, in pursuance of applicant and Mr G. J. Martin on behalf of the the powers contained in section 92 of the Industrial respondents, and by consent, I, the undersigned, Arbitration Act, 1912-1966, and all other powers Chief Industrial Commissioner of The Western therein enabling me, do hereby order and declare— Australian Industrial Commission, in pursuance of That the Ice Cream and Frozen Confection- the powers contained in section 92 of the Indus- ery Manufacturing Award, No. 6 of 1963, as trial Arbitration Act, 1912-1966, and all other amended, be and the same is hereby further powers therein enabling me, do hereby order and amended in accordance with the following declare— schedule and that such amendment shall take That the Hotel Workers' (South-West Land effect as from the beginning of the first pay Division) Award, No. 27 of 1962, as amended, period commencing on or after the date hereof. be and the same is hereby further amended in accordance with the following schedule and Dated at Perth this 10th day of February, 1967. such amendment shall take effect as from the (Sgd) S. F. SCHNAARS, beginning of the first pay period commencing [L,S.;! Commissioner. on or after the date hereof. Dated at Perth this 27th day of January, 1967. tL.S.l (Sgd) S. F. SCHNAARS, Schedule. Commissioner. Delete Clause 7—Wages, and insert in lieu thereof, the following:— Schedule. 7.—Wages. Clause 29—Wages: Delete subclauses (1) and (2) The following shall be the minimum rates of of this clause and insert in lieu thereof the follow- wages payable to workers covered by this award:— ing:— $ (1) Basic Wage (per week): $ (1) Basic Wage (per week): Males 33.50 Adult males 33.50 Females 25.13 Adult females 25.13 96 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

$ JETTY SUPERINTENDENTS. (2) Adult Males (margin over basic wage (Fremantle Port Authority.) per week): Award No. 32 of 1963. Ice cream freezing machine operator 8.15 BEFORE THE WESTERN AUSTRALIAN Ice cream freezing machine assis- INDUSTRIAL COMMISSION. tant operator . .. 4.45 Frozen confectionery machine No. 94 of 1967. operator ...... 5.65 Between Merchant Service Guild of Australia, Frozen confectionery machine assis- Western Australian Section, Union of Workers, tant operator .... 4.45 Applicant, and Fremantle Port Authority, Re- Cone and wafer machine operator 5.65 spondent. Cold room hand . . .. . 8.15 HAVING heard Mr B. Foley on behalf of the appli- Can washer , ... 4.45 cant and Mr J. Collins on behalf of the respondent, General factory hand 4.10 and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial (3) Adult Females (margin over female Commission, in pursuance of the powers contained basic wage per week) 2.30 in section 92 of the Industrial Arbitration Act, 1912-1966, and. all other powers therein enabling (4) Junior Workers: me, do hereby order and declare—■ Junior Males (per cent, of male basic That the Fremantle Harbour Trust (Jetty wage per week)— % Superintendents) Award, No. 32 of 1963, as 14 to 15 years of age 35 amended, be and the same is hereby further amended in accordance with the following 15 to 16 years of age 45 schedule and that such amendment shall take 16 to 17 years of age 55 effect as from the beginning of the first pay 17 to 18 years of age 65 period commencing on or after the date here- 18 to 19 years of age 75 of. 19 to 20 years of age 85 Dated at Perth this 10th day of February, 1967. (Sgd) S. F. SCHNAARS. 20 to 21 years of age 95 IL.S. I Commissioner. Junior females (per cent, of female basic wage per week)— Schedule. 14 to 15 years of age — Clause 6—Rates of Pay: Delete this clause and 15 to 16 years of age . . ... 45 insert in lieu thereof the following:—■ 16 to 17 years of age ... , . 55 6.—Rates of Pay. 17 to 18 years of age 65 $ 18 to 19 years of age 75 (1) Basic Wage (per week) 33.50 19 to 20 years of age 85 (2) Margin (including shift loading) per 20 to 21 years of age 95 week ...... 25.00 (3) Wages shall be payable weekly. (5) Special Rates: All females engaged in ice cream cake decorating shall be paid at the rate of twenty cents per day whilst so employed. MANUFACTURING CHEMISTS. (6) Casual Workers: Casual workers shall Award No. 33 of 1962. receive fifteen per cent, in addition to BEFORE THE WESTERN AUSTRALIAN the rates prescribed in this clause for INDUSTRIAL COMMISSION. the work performed. No. 106 of 1967. $ (7) Leading Hands: Between the Food Preservers' Union of Western Males per week extra—A leading hand Australia, Union of Workers, Applicant, and in charge of— F. H. Faulding & Co. Ltd, and others. Re- spondents. (a) less than three other workers L20 HAVING heard Mr W. J. Gough on behalf of the (b) not less than three and not applicant and Mr H. J. De Burgh on behalf of the more than ten other woi'kers 2.30 respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western (c) more than ten but less than Australian Industrial Commission, in pursuance of twenty other workers .. . 4.45 the powers contained In section 92 of the Indus- (d) more than twenty other trial Arbitration Act, 1912-1966, and all other pow- workers ... 6.65 ers therein enabling me. do hereby order and de- clare— Females per week extra—A leading That the Manufacturing Chemists Award, hand in charge of— No. 33 of 1962, as amended, be and the same (a) Less than three other workers 0.60 is hereby further amended in accordance with the following schedule and that such amend- (b) Not less than three and not ment shall take effect as from the beginning more than ten other workers 1,10 of the first pay period commencing on or after (c) More than ten but not more the date hereof. than twenty other workers .... 2.30 Dated at Perth this 10th day of February, 1967. (d) More than twenty other (Sgd) S. F. SCHNAARS, workers 3.50 IL.S.] Commissioner. 97

Schedule. (6) Workers blending colours shall be paid at Delete Clause 7—Wages, and insert in lieu there- the rate of ten cents per hour extra whilst so of:— employed. 1.—Wages. (7) Workers grinding capsicum and pepper shall The following shall be the minimum rates of be paid at the rate of five cents per hour wages payable to workers covered by this award:— whilst so employed. (8) Liberty is reserved to the parties to apply to (1) Basic Wage (per week): $ amend to include a rate for casual workers. Adult Males ...... 33.50 Adult Females ...... 25.13 (2) Adult Males (margin over male basic wage per week): MATCH MANUFACTURING. Section (i) Extracts, Essences and Award No. 17A of 1962. Distillations—■ BEFORE THE WESTERN AUSTRALIAN First-class plant operative .... 8.65 INDUSTRIAL COMMISSION Second-class plant operative— No. 100 of 1967. 1st three months' experience 4.30 Between the Food Preservers' Union of Western 2nd three months' experience 4.70 Australia, Union of Workers, Applicant, and 3rd three months' experience 5.10 W.A. Match Co Pty Ltd, Respondent. 4th three months' experience 5.65 Thereafter 6.70 HAVING heard Mr W. J. Gough on behalf of the applicant and Mr H. J. De Burgh on behalf of Section (ii) Galenicals, Patent the respondent, and by consent, I, the undersigned, Medicines, Cordials, etc.— Chief Industrial Commissioner of The Western First-class factory hands .... 6.00 Australian Industrial Commission, in pursuance Factory hands (handling cor- of the powers contained in section 92 of the In- rosive acids) 4.90 dustrial Arbitration Act, 1912-1966, and all other Section (iii) — powers therein enabling me, do hereby order and General factory hands 4.30 declare—■ All others 2.35 That the Match Manufacturing Industry (3) Adult Females (margin over female Award, No. 17A of 1962, as amended, be and basic wage per week) 2.30 the same is hereby further amended in accord- ance with the following schedule and that such (4) Junior Workers: amendment shall take effect as from the be- (per cent, of male basic wage per ginning of the first pay period commencing on week) — or after the date hereof. 14 to 15 years of age Dated at Perth this 10th day of February, 1967. 15 to 16 years of age 16 to 17 years of age [L.S.l (Sgd) S. F. SCHNAARS, 17 to 18 years of age Commissioner. 18 to 19 years of age 19 to 20 years of age 20 to 21 years of age Schedule. Junior Females (per cent, of female Delete Clause 7—Wages, and insert in lieu thereof basic wage per week:— the following:— 14 to 15 years of age 7.—Wages. 15 to 16 years of age The following shall be the minimum rates of 16 to 17 years of age wages payable to workers covered by this award:—■ 17 to 18 years of age 18 to 19 years of age (1) Basic Wage (per week): $ 19 to 20 years of age Adult Males 33.50 20 to 21 years of age Adult Females ...... 25.13 (2) Adult males (margin over male basic (5) Leading Hands: wage per week): Males per week extra— V.P.O. dipper ...... 7.30 A leading hand placed in charge of— Painting machine attendant (in- cluding mixing of the paint) . 6.10 (a) Less than three other workers Mixer (compo and adhesives) . .. 6.10 (b) not less than three and not Inner machine operator .. 5.30 more than ten other workers .... Board slitter (inner reels) . . 5.30 (c) more than ten but less than General factory hand 4.90 twenty other workers All others ...... 2.65 (d) more than twenty other work- (3) Adult females (margin over female ers basic wage per week) 2.25 Females per week extra— (4) Junior Workers: A leading hand placed in charge of— Males (per cent, of male basic wage (a) Less than three other workers per week): % 14 to 15 years of age ...... 30 (b) Not less than three and not 15 to 16 years of age 40 more than ten other workers .... 16 to 17 years of age 50 (c) More than ten but not more 17 to 18 years of age 60 than twenty other workers .... 18 to 19 years of age 70 (d) More than twenty other work- 19 to 20 years of age 80 ers 20 to 21 years of age 95 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

Females (per cent, of female basic $ wage per week): % (c) Adult Females (margin over female 14 to 15 years of age — basic wage per week) 2.10 15 to 16 years of age 45 (d) Junior Males (per cent, of male basic 16 to 17 years of age 55 wage per week): % 17 to 18 years of age 65 18 to 19 years of age 75 14 to 15 years of age 25 19 to 20 years of age 85 15 to 16 years of age 35 20 to 21 years of age 95 16 to 17 years of age 45 (5) Casual Workers: Casual workers shall receive 17 to 18 years of age 55 ten per cent, in addition to the rates prescribed in 18 to 19 years of age 70 this clause for the work performed. (6) Leading Hands: A leading hand in 19 to 20 years of age 80 charge of— 20 to 21 years of age 95 Males (per week extra)— $ (a) Less than three other workers 1.20 (e) Junior Females (per cent, of female (b) Not less than three and not basic wage per week): more than ten other workers ... 2.30 15 to 16 years of age 35 (c) More than ten but less than 16 to 17 years of age ...... 45 twenty other workers 4.45 17 to 18 years of age 55 (d) More than twenty other workers 6.65 18 to 19 years of age 70 Females (per week extra): (a) Less than three other workers 0.60 19 to 20 years of age 80 (b) Not less than three and not 20 to 21 years of age 95 more than ten other workers . 1.10 (c) More than ten but less than twenty other workers 2.30 (d) More than twenty other workers 3.50 MEAT INDUSTRY. (Midland and Robbs' Jetty Abattoirs.) Award No. 45 of 1955. MARINE STORES. BEFORE THE WESTERN AUSTRALIAN Award No. 13 of 1958. INDUSTRIAL COMMISSION. BEFORE THE WESTERN AUSTRALIAN No. 79 of 1967. INDUSTRIAL COMMISSION. Between West Australian Branch, Australasian No. 128A of 1965. Meat Industry Employees' Union, Industrial Between Federated Miscellaneous Workers' Union Union of Workers, Perth, Applicant, and Hon. of Australia, West Australian Branch, Appli- Minister for Agriculture and Midland Junction cant, and Hayes Bros. Pty Ltd, and others, Abattoir Board, Respondents. Respondents. HAVING heard Mr M. Burns on behalf of the applicant and Mr L. E. Boylan on behalf of the HAVING heard Mr W. Latter on behalf of the respondents, and by consent, I, the undersigned, applicant and Mr J. Ince on behalf of the respond- Chief Industrial Commissioner of The Western ents, and by consent, I. the undersigned, Chief Australian Industrial Commission, in pursuance of Industrial Commissioner of The Western Australian the powers contained in section 92 of the Industrial Industrial Commission, in pursuance of the powers Arbitration Act, 1912-1966, and all other powers contained in section 92 of the industrial Arbitra- therein enabling me, do hereby order and declare— tion Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— That the Metropolitan District Abattoir (Local Consumption) Award, No. 45 of 1955, That the Marine Stores Award, No. 13 of as amended, be and the same is hereby further 1958, as amended, be and the same is hereby amended in accordance with the following further amended in accordance with the fol- schedule and that such amendment shall take lowing schedule and such amendment shall effect as from the beginning of the first pay take effect as from the beginning of the first period commencing on or after the date hereof. pay period commencing on or after the date Dated at Perth this 10th day of February, 1967. hereof. (Sgd) S. F. SCHNAARS, Dated at Perth this 27th day of January, 1967. [L.S.l Commissioner. [L.S.l (Sgd) S. F. SCHNAARS, Commissioner. Schedule. 1. Clause 28.—Minimum Rate: Delete this Schedule. clause and insert in lieu thereof:—■ Clause 6—Rates of Pay: Delete this clause and 28.—Minimum Rate. insert in lieu thereof:— For the purpose of holidays, annual leave, sick leave, clause 20, Mixed functions and paragraph 6.—Rates of Pay. (d) of subclause (2) of clause 29 Rates, the mini- (a) Basic Wage (per week): mum daily wage (on a basic wage of $33.50) for Whole of State— $ slaughtermen shall be as follows:— Males ... 33.50 Pigs—$9.46 per day, representing a weekly Females 25.13 margin of $13.80. (b) Adult Males (margin over male basic All others $9.59 per day, representing a weekly wage per week) 4.40 margin of $14.45. 22 March, 1967.] 99

2. Clause 29.—Rates: Delete this clause and (iv) In all cases of extra rates, the fore- insert in lieu thereof:'— man to decide whether the extra rate is justified. 29.—Rates. (v) Learner Slaughtermen — Learner (1) Basic Wage: slaughtermen who have attained the (a) The wage rates contained in this award age of 18 years may be employed are made on a basic wage of $33.50 per and shall be taught to be proficient week. in at least three operations of a chain slaughterman before being (b) Notwithstanding any alteration in the adjudged competent. basic wage the slaughtering rates herein No learner shall be engaged as a prescribed shall remain constant: Pro- slaughterman on the chain until he vided however, that should the basic has been adjudged competent by the wage rise or fall, the total daily earn- foreman or, in the event of any dis- ings of a slaughterman shall be reduced pute as to his competency, has or increased to the extent of one-fifth passed a competency test to the of the variation of the basic wage, Mon - satisfaction of a majority of mem- day to Friday. bers of a Board of Examiners con- (2) Slaughtermen: sisting of one representative of the Union, one representative of the (a) Cattle— employer and a competent person (i) All cattle, other than calves, bulls agreed upon by the parties as chair- and genuine stags, 79.86 cents per man. head. For the purpose of clause 15 Necessary equipment will be issued (2) (b) all cattle shall be paid for at to learners at the commencement of $1.19.79 per head. trial period, such equipment to be (ii) Calves 39.93 cents per head. For the returned to the Management on purpose of clause 15 (2) (c) all completion of a period or the calves shall be paid for at 59.895 cost of same may be deducted from cents per head. any wages due to such worker. (iii) Tubercular and/or gangrenous Learner slaughtermen shall be cattle, i.e. where one quarter or more paid the rate prescribed for of a beast is condemned on account slaughterhouse labourers, of tuberculosis and for gangrene— double rates. (vi) "Chain setter rover" shall be paid (iv) Bulls and genuine stags 300 lb. or an amount equivalent to the weekly over—double rates, "Genuine stag" earnings of slaughtermen on the means a fully grown animal that chain, but shall not in any case be exhibits characteristics of a bull in- paid for any day less than the mini- cluding a definite neck crest. mum daily wages as prescribed for (v) Tubercular, injured or septic calves a mutton slaughterman in clause 28. (foreman to decide whether injury (c) Pigs— or infection is sufficient to justify All pigs up to 200 lb. in weight—26.24 additional rates)—double rates. cents. All pigs over 200 lb. in weight—52.48 (b) Sheep and Lambs (chain system) — cents. (i) All sheep and lambs not otherwise For the purpose of clause 15(2) (d) all specified— . pigs shall be paid for at the rate of— Group A $1.30.56 per hundred. Up to 200 lb. in weight 39.36 Group B $14.05.44 per hundred. cents. When more than one chain is operating, Over 200 lb. in weight 78.72 cents. those employed in Group A as defined in Clause (d) General— 26 (a) shall divide $1.30.56 per hundred be- (i) Not more than one of the foregoing tween them and the balance, namely $14.05.44 extra rates shall be paid at any one per hundred, shall be equally divided between time and, where more than one the workers employed in Group B as defined in extra rate applies, only the highest clause 26 (a). shall be paid. When only one chain is in operation, the (ii) Slaughtermen required to wait for composite rate of $15.36 per hundred shall be stock for more than fifteen minutes divided equally amongst the team, namely on any day (whehter in one or more those workers employed in Groups A and B. periods) shall be paid for that wait- (ii) Injured, maggoty, daggy, downer, ing time at the rate prescribed in objectionably crippled, objectionably clause 28, Minimum Rate. wet or dirty sheep or lambs, full (3) Workers other than slaughterman referred wool sheep, sheep over 62 lb. chilled to in clause 26 (a), (b), (c) and (d)— weight as shown on the scales—rate Cattle— $ and a half. (a) Knocker 12.30 (iii) All rams (including ram lambs 50 (b) Shackler-hoister 12.30 lb. and over) and genuine stags— (c) Bleeder 12.30 double rates. "Genuine stag" means (d) Hide cheeker and header . . 12.30 any animal that has been castrated (e) Trimmer 12.30 late or after maturity which fully (f) Index man 12.30 exhibits ram characteristics but (g) Dehorner and tonguer 12.30 does not include wethers that (h) Viscera separator 9.45 have been burdizzed. (i) all others 7.35 100 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

(ii) Beef Head Ring— Mr H. J. De Burgh on behalf of the private em- Ca) Head trimmer ployer respondents, and by consent, I, the under- (b) Cheeker and tonguer signed, Chief Industrial Commissioner of The (c) Jaw puller and head splitter Western Australian Industrial Commission, in pur- (d) All others suance of the powers contained in section 92 of (iii) Calves (veal)'—Knocker, shackler the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and holster and declare— (iv) Hide Salting— (a) Leading hand That the Meat Industry Pet Foods (South- (b) Hide salter west Land Division) Award, No. 7 of 1966, be (v) Sheep— and the same is hereby amended in accord- (a) Classifier ance with the following schedule and that (b) Chain feeder dagger such amendment shall take effect as from the (c) Spreader inserter beginning of the first pay period commencing (d) Gambrel inserter on or after the date hereof. (e) Wiper Dated at Perth this 10th day of February, 1967. (f) Brander (g) All others . [L.S.I (Sgd) S. F. SCHNAARS, (vi) Pigs— Commissioner. (a) Pig shooter (b) All others (vii) Livestock and Saleyards— (a) Leading hand—saleyards .... (b) Mounted stockman, including Schedule. supply of dog Clause 7—Wages: Delete this clause and insert (c) Tractor man—Scavenger in lieu thereof the following;— (d) All others iii) Lairages— (a) Leading hand—cattle 7.—Wages. (b) Leading hand—sheep The minimum rates of wages payable to workers (c) Stockmen—penners up covered by this award shall be as follows:— (d) All others (ix) Yard Gang— (1) Basic wage (per week): $ (a) Dead stock—-Skinner Adult males 33.50 (b) General Labourers Adult females 25.13 ( x) Tallow workers, by-products work- (2) Adult male workers (margin over male ers, chiller hands and general basic wage per week): labourers— (a) Boners and/or skinners 12.30 (a) Leading hand on tallow .. (b) Leading hand on fertiliser . .. (b) Trimmers and/or sheers 10.20 (c) By-products worker (c) Cutting and/or mincing machine (d) Leading hand beef chillers . .. operator 8.00 (e) Leading hand mutton chillers (d) Counterhand 7.60 (f) Leading hand meat delivery (e) Strapping or wiring machine oper- (g) Chiller tally clerk ator 7.20 (h) Chiller hands (f) Male worker, wrapping, weighing (i) First aid attendant or packing 6.30 (j) Watchmen (k) General Labourer (g) All others 4.90 (3) Adult male workers in freezers: (a) Freezer hand (i.e., a worker who is required to work in a tempera- ture between thirty-two degrees MEAT INDUSTRY. and four degrees fahrenheit) .... 10.20 (Pet Foods.) (b) Workers required to work in a Award No. 7 of 1966. temperature below four degrees BEFORE THE WESTERN AUSTRALIAN fahrenheit shall be paid thirty INDUSTRIAL COMMISSION. cents per day extra. No. 80 of 1967. (c) A worker required to work in a freezer chamber shall be supplied Between West Australian Branch, Australasian by the employer, free of cost, with Meat Industry Employees' Union, Industrial a freezer suit, with hood attached, Union of Workers, Perth, Applicant, and Meat freezer gloves and suitable freezer and Allied Trades Federation of Australia boots. (Western Australian Division) Union of Em- (d> No worker shall be required to ployers, Perth; Murchison Meats Pty Ltd; work in a freezer chamber longer South Coast Ice and Trading Co.; M. G. Trott, than sixty minutes continuously and others, Respondents. without a break outside of at least HAVING heard Mr M. Burns on behalf of the ap- five minutes. plicant, Mr M. Locke on behalf of the Meat and Allied Trades Federation of Australia (Western (e) Each freezer chamber shall have Australian Division) Union of Employers, Perth, and an effective escape hatch fitted. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

twenty per cent, in addition to the ordinary (4) Carters and drivers (margin over male rates. Provided that any such worker who basic wage per week): has been advised before ceasing work that Not exceeding 25 cwt. capacity he will be required for employment either Exceeding 25 cwt. and not exceed- casual, part-time or full-time within the ing 3 tons capacity following seven days shall be paid fifteen Exceeding 3 tons and under 6 tons per cent, extra for such casual work on a capacity four hour daily minimum in lieu of the For each complete ton over 5 foregoing. tons capacity, twenty-five cents (8) Adult male leading hand: Leading hands in additional margin, provided that charge of two or more workers shall receive the maximum amount shall not seventy cents per day extra. exceed four dollars. Drivers of loaded motor wagons (except tractors) drawing a loaded trailer also (not to include a MEAT INDUSTRY. mechanical horse), forty cents per (State) (Wholesale and Retail.) day extra. Award No. 28 of 1968. (b) Driver of fork lift BEFORE THE WESTERN AUSTRALIAN (c) Driver of articulated vehicle not INDUSTRIAL COMMISSION. exceeding 8 tons capacity Exceeding 8 tons capacity, for No. 81 of 1967. each complete additional ton, Between West Australian Branch, Australasian twenty-five cents additional mar- Meat Industry Employees' Union, Industrial gin, provided that the maximum Union of Workers, Perth, Applicant, and Meat amount shall not exceed five and Allied Trades Federation of Australia dollars. (Western Australian Division), Union of Em- (5) Female workers (margin over female ployers, Perth, and others, Respondents. basic wage per week): HAVING heard Mr M. Burns on behalf of the (a) Counterhand: A worker selling applicant, Mr M: Locke on behalf of the Meat and fresh or pre-wrapped pets meat.. Allied Trades Federation of Australia (Western Australian Division) Union of Employers, Perth, (b) Knifehand: A worker who may and Mr H. J. De Burgh on behalf ox the private use a knife, shea s or scissors to employer respondents, and by consent, I, the under- trim dirt and hair, or slice up signed, Chief Industrial Commissioner of The meat, prior to being weighed .... 6.40 Western Australian Industrial Commission, in pur- (c) Wrappers, packers and all others 5,45 suance of the powers contained in section 92 of (d) A female worker who performs the Industrial Arbitration Act, 1912-1968, and all duties other than those contained other powers therein enabling me, do hereby order in classifications (a), (b) and (c) and declare— hereof, shall be paid the same That the Meat Industry (State) Award, No. margin as is prescribed for adult 26 of 1986, be and. the same is hereby amended males for the appropriate class of in accordance with the following schedule and work. that such amendment shall take effect as (e) Females appointed as leading from the beginning of the first pay period com- hands by an employer shall be mencing on or after the date hereof. paid in addition: If placed in Dated at Perth this 10th day of February, 1967. charge of less than three workers, eighty-five cents; if placed in (Sgd) S. F. SCHNAARS, charge of three or more but less [L.S.] Commissioner. than ten workers, one dollar seventy cents; if placed in charge Schedule. of ten or more workers, three Clause 8—Wages: Delete this clause and insert dollars forty cents. in lieu thereof the following:— (6) Junior workers : (a) Males (per cent, of male basic 8.—Wages. wage per week): % The minimum rates of wages payable to workers Under 18 years of age 80 covered by this award shall be as follows:— 18 to 19 years of age 70 $ 19 to 20 years of age 90 (1) Basic Wage (per week): 20 to 21 years of age 100 (a) Adult males 33.50 (b) Females (per cent, of females (b) Adult females 25.13 basic wage per week)— (2) Adult male workers—retail establish- 16 to 17 years of age 50 ments (margin over male basic wage 17 to 18 years of age 60 per week): 18 to 19 years of age 70 19 to 20 years of age 85 (a) General Butcher 12.30 20 to 21 years of age 95 (b) First shopman (in shop employ- ing two or up to five workers, (7) Casual workers: Casual worker shall mean inclusive) 14.00 any person who is employed for less than three consecutive days (provided that Satur- (c) First shopman (in shop employ- day, Sunday and any holiday unless worked, ing more than five workers) .... 15.80 is not included in the reckoning of consecu- (d) Smallgoodsman 12.30 tive days) and such worker shall be paid (e) Counterhand 8.40 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

$ $ (f) When a general butcher is re- (6) Adult male workers in freezers (mar- quired by the employer to accept gin over male basic wage per week): temporary responsibility addi- (a) Freezer hand (i.e., a worker who tional to his normal duties, he is required to work in a tempera- shall be paid at the rate applica- ture between 32 degrees and 4 ble to First Shopman as specified degrees fahrenheit) 10.20 in clause 8 (2) (b) hereof on each (b) Workers required to work in a day so required. temperature below 4 degrees (3) Adult male workers, meat auctions, fahrenheit shall be paid thirty wholesale, pre-packing or export pro- cents per day extra. cessing establishments: (c) A worker required to work in a (a) Leading hand 15.00 freezer chamber shall be supplied (b) Boner, specified or piece meat by the employer free of cost with boning 13.70 a freezer suit with hood attached, (o Boner, straight boning 12.30 freezer gloves and suitable freezer (d) General butcher 12.30 boots. (e) Sheer and/or trimmer 10,20 (d) No worker shall be required to (f) Sawyer and/or meat lumper .... 7.55 work in a freezer chamber longer (g) All others 7.35 than sixty minutes continuously (4) Adult male workers in slaughtering- without a break outside of at least establishments : five minutes. (a) Slaughterman (on-rail dressing) 17.30 (e) Each freezer chamber shall have (b) Slaughterman (solo) 13.80' an effective escape hatch fitted. (c) Trimmer 10.95 (d) Dehorner and tonguer 12.30 (7) Drivers of motor vehicles (margin over (e) Viscera separator 9.45 male basic wage per week): (f) Jaw puller, head trimmer and (a) (i) Not exceeding 25 cwt. capa- head splitter 10.95 city 8.60 (g) Gambrel inserter 8.80 (ii) Exceeding 25 cwt. and not ex- (h) Spreader inserter 8.80 ceeding 3 tons capacity .... 10.10 (i) Hide salter and/or Skin shed hand 8.00 (ill) Exceeding 3 tons and under 6 (j) Casing cleaning hand ...... 11.40 tons 11.70 (k) Chiller tally clerk 9.70 (iv) For each complete ton over 5 (1) Chiller hand 7,55 tons capacity, twenty-five (m) Stockmen and penner-up .... 7.35 cents additional margin, pro- (n) Yard labourer 4.90 vided that the maximum (0) All other workers 7.35 amount shall not exceed four (5) Adult female workers (margin over dollars. female basic wage per week): (v) Drivers of loaded motor (a) Saleswoman 9.60 wagons (except tractors) (b) Counterhand 5.45 drawing a loaded trailer also (c) Wrapper 5.45 (not to include a mechanical (d) Females in prepacking section horse) forty cents per day whose work includes pricing .... 6.55 extra. (e) Spotter 6.40 (b) Driver of fork lift 8.45 (f) All others 5.45 (c) Driver of articulated vehicles .... 14.20 (g) A female worker who performs Exceeding 8 tons capacity for each duties other than those contained complete additional ton, twenty- in the classifications hereof, shall five cents additional margin pro- be paid the same margin as is prescribed for adult males for the vided that the maximum amount appropriate class of work. This shall not exceed five dollars. shall not apply to the duties of a (8) Junior workers (per cent, of male general butcher for which the basic wage per week): total male rate shall apply. The % provisions of clause 10, Mixed (a) Junior males may only be em- Functions, shall not apply when ployed in establishments handling females perform duties of a meat for sale by wholesale, auc- general butcher. tion or processing for export and (h) The number of females (exclud- as counterhands. ing wrappers in the export and Males— prepack establishments and coun- terhands) shall not exceed one to Under 18 years of age ... 60 three or fraction thereof adult 18 to 19 years of age .... 70 male workers. 19 to 20 years of age .... 90 (1) Females employed as leading hand 20 to 21 years of age .... 100 shall be paid in addition— (b) Females (per cent, of female If placed In charge of less than basic wage per week): three workers 0,75 15 to 16 years of age 40 If placed in charge of three or 16 to 17 years of age ...... 50 more, but less than ten 17 to 18 years of age 60 workers 1.50 18 to 19 years of age 70 If placed in charge of ten or 19 to 20 years of age 85 more workers 3.00 20 to 21 years of age 95 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(9) Apprentices (per cent, of Schedule. male basic wage per week): Clause 22—Wages: Delete this clause and insert (a) Five-year term— in lieu thereof:— First year 22.—Wages. Second year Third year The minimum rates of wages payable to workers Fourth year .... SO covered by this award shall be as follows:— Fifth year 100 + $3.82 (1) Basic Wage (per week): $ (b) Four-year term— Adult males .... 33.50 First year Adult females 25.13 Second year .... (2) Adult males (margin per week): Third year ... . . 90 First month's experience in industry 8.80 Fourth year ... 100 + $3.82 Thereafter 13.60 (c) Three-year term— Adult females ...... 8.80 First year 55 (3) Junior workers (per cent, of male or Second year ... 90 female basic wage per week): Third year 100 + $3.82 (a) Males— % (10) Casual workers shall be paid a proportion Under 16 years of age 45 of the ordinary weekly rate calculated on 16 to 17 years of age 50 the number of hours actually worked plus 17 to 18 years of age 624 twenty per cent, of such amount, with a 18 to 19 years of age 75 minimum engagement of seven hours, except that on the weekly half holiday it shall be 19 to 20 years of age 100 five hours, 20 to 21 years of age 100 (11) Part time workers shall be paid a propor- tion of the ordinary weekly rate calculated (b) Females— on the number of hours actually worked Under 16 years of age plus ten per cent, of such amount and shall 16 to 17 years of age be employed on a weekly contract of ser- 17 to 18 years of age vice as per clause 7 hereof. 18 to 19 years of age (12) Adult male leading hands (i.e., in charge of 19 to 20 years of age two or more workers) shall receive seventy 20 to 21 years of age cents per day extra.

MEAT INDUSTRY. MEAT INDUSTRY. (Export and Local Consumption.) (Sausage Casing Manufacturing.1 Award No. 48 of 1955. Award No. 42 of 1956. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 83 of 1967. No. 82 of 1967. Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Between West Australian Branch, Australasian Union of Workers, Perth, Applicant, and Hon. Meat Industry Employees' Union, Industrial Minister for Agriculture, Anchorage Butchers Union of Workers, Perth, Applicant, and Aus- Limited, and another, Respondents. tralian Casing Company Pty Ltd, Respondent. HAVING heard Mr M. Burns on behalf of the ap- HAVING heard Mr M. Burns on behalf of the plicant, Mr L. E. Boyian on behalf of the Hon. applicant and Mr H. J. De Burgh on behalf of the Minister for Agriculture and Mr H. J. De Burgh respondent, and by consent, I, the undersigned, on behalf of the private employer respondents, Chief Industrial Commissioner of The Western and by consent, I, the undersigned, Chief Indus- Australian Industrial Commission, in pursuance of trial Commissioner of The Western Australian In- the powers contained in section 92 of the Indus- dustrial Commission, in pursuance of the powers trial Arbitration Act, 1912-1966, and all other contained in section 92 of the Industrial Arbitra- powers therein enabling me, do hereby order and tion Act, 1912-1966, and all other powers therein declare— enabling me, do hereby order and declare— That the Meat Industry (Sausage Casing That the Meat Export and Local Consump- Manufacturing) Award, No. 42 of 1956, as tion (Thomas Borthwick and Sons, Albany) amended and consolidated, be and the same is Award, No. 48 of 1955, as amended and con- hereby further amended in accordance with solidated, be and the same is hereby further the following schedule and that such amend- amended in accordance with the following ment shall take effect as from the beginning schedule and that such amendment shall take of the first pay period commencing on or after effect as from the beginning of the first pay the date hereof. period commencing on or after the date hereof. Dated at Perth this 10th day of February, 1967. Dated at Perth this 10th day of February, 1967. [L.S.] (Sgd) S. F. SCHNAARS, [L.S.] (Sgd.) S. F. SCHNAARS, Commissioner. Commissioner. 104 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

Schedule. $ Clause 31—Wages: Delete this clause and Insert (i) Boning section— in lieu thereof the following:— Leading hand 15.00 Boner (specified or piecemeat 31.—Wages. boning) 13.70 The minimum rates of wages payable to workers Boner (straight boning) .... 12.30 covered by this award shall be as follows:— Slicer and/or trimmer 10.20 Sawyer 7.55 (1) Basic wage (per week): $ All others 7.35 Male 33.50 Female 25.13 (3) Tally rates slaughtermen: Notwithstanding any alteration in the basic (a) Cattle'—all cattle other than cal- wage the tally work rate herein prescribed ves, bulls and stags 79.86 cents per shall remain constant, provided, however, that head. should the basic wage rise or fall the total (b) Sheep and lambs—all sheep and daily earnings of the tally worker shall be lambs other than rams and stags reduced or increased to the extent of one- 15.36 cents per head. fifth of the variation in the basic wage. (c) Goats— (2) Adult males (margin per week): Nanny goats 24.09 cents per (a) Cattle and calves— $ head. Slaughterman 13.80 Billy goats 33.26 cents per head. Knocker 12.30 (d) Calves—the existing rates and Shackler hoister 12.30 practice of killing, calves on the Bleeder .... 12.30 mutton chain at Borthwicks, Hide checker and header .... 12.30 Albany shall continue. Trimmer 12.30 (4) Adult female workers— Index man 12.30 (a) Spotter, a worker who may use a Dehorner and tonguer 12.30 knife, shears or scissors to remove Viscera separator 9.45 hair dirty pieces of sinew and fat All others 7.35 but shall not trim or slice as classi- (b) Head ring— fied 6.40 Head trimmer 10.95 (b) Packers and wrappers, i.e. work- Checker and tonguer 10.95 ers who wrap or pack fresh meat Jaw puller and head splitter . . 10.95 or smallgoods in paper cartons or All others 7.35 other wrapping material 4.20 (c) Hide salting— (c) A female worker who performs Leading hand 9.95 duties other than those in classi- Hide salter 8.00 fications (a) and (b) hereof, shall (d) Sheep, Lambs and Goats— be paid the same margin as is pre- Slaughterman 13.80 scribed for adult males for the Spreader inserter 8.80 appropriate class of work. Gambrel inserter 8.80 (d) Females appointed as leading Trimmer 8.00 hands by an employer shall be Chain feeder and/or pusher .... 7.35 paid in addition— All others 7.35 If placed in charge of less than (e) Pigs— three workers 0.75 Slaughterman 13.80 If placed in charge of three or Trimmer 8.00 more but less than ten work- All others 7.35 ers 1.50 (f) Livestock and yard gang— If placed in charge of ten or Stockmen and penner up .... 7.35 more workers 3.00 All others 3.90 (5) The minimum rate of wage to be paid (g) By-products, tallow section and to junior workers shall be (per cent. others— of basic wage): % Scales tally clerk 9.70 Under 17 years of age .. 50 Tripe cleaner 8.00 17 to 18 years of age 624- Chiller hands 7.35 18 to 19 years of age 75 All others 7.35 Over 19 years of age 100 (h) Cold storage section— (i) Cold chamber hand, i.e. a MEAT INDUSTRY. worker who is required to work in a temperature between 28 (Kalgoorlie State Abattoirs.) and 4 degrees fahrenheit .... 10.20 Award No. 9 of 1965. (ii) All others 7.35 BEFORE THE WESTERN AUSTRALIAN (iii) A worker required to work be- INDUSTRIAL COMMISSION. low 4 degrees fahrenheit shall No. 84 of 1967. be paid five cents per hour Between West Australian Branch, Australasian whilst so employed. Meat Industry Employees' Union Industrial (iv) Leading hand, i.e. in charge Union of Workers, Perth, Applicant, and Hon. of two or more workers shall Minister for Agriculture, Respondent. receive seventy cents per day HAVING head Mr M. Burns on behalf of the appli- above the rate prescribed in cant and Mr L. E. Boylan on behalf of the respond- subclauses (h), (i) and (h), ent, and by consent, I, the undersigned, Chief In- (ii) hereof. dustrial Commissioner of The Western Australian 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 105

Industrial Commission, in pursuance of the powers and otherwise to adult workers covered by this contained in section 92 of the Industrial Arbitration award, shall be as follows:— Act, 1912-1966, and all other powers therein en- $ abling me, do hereby order and declare— (1) Basic wage (per week) 33.50 That the Kalgoorlie State Abattoir Award, (2) Classification (margin per week): No. 9 of 1965, as amended, be and the same (a) Slaughtering team— is hereby further amended in accordance with (i) Class A 17.30 the following schedule and that such amend- (ii) Class B 11.50 ment shall take effect as from the beginning of (hi) Class C .... 8.80 the first pay period commencing on or after (b) Head ring— the date hereof. (i) Cheeker and tonguer 10.95 Dated at Perth this 10th day of February, 1967. (ii) Jaw puller 10.95 (hi) Head splitter 10.95 (Sgd) S. F. SCHNAARS, (iv) Washer 8.80 IL.S.l Commissioner. (c) Index man 12.30 (d) Tally clerk 9.70 (e) Trimmer (of sides or of offal) .... 8.80 Schedule. (f) Viscera separator in paunch bay Clause 18—Wages: Delete subclauses (1) and or on viscera table 9.45 (2) from this clause and insert in lieu thereof, the (g) Washer of sides 8.80 following:— (h) Hides— $ (i) Leading hand 12.30 (1) Basic Wage (per week) 33.50 (ii) Hide salter 9.10 (2) Margins—Adult Males (per week over (i) Lowerator attendant and wash- basic wage): ers and cleaners of the slaughter- Slaughterman in charge 17.20 floor and other sections of the Slaughterman 13.80 works in which other workers cov- Slaughterfloor labourer 6.90 ered by this award are employed 7.35 By-product worker 6.90 2. Clause 12—Minimum Wage: Delete this Knocker down 11.40 clause and insert in lieu thereof— Chiller tally clerk 13.05 Gut runner 11.40 12.—Minimum Wage. Stockman 6.90 Notwithstanding anything elsewhere contained in this award on any day the ordinary wage of an adult worker, employed as a knocker, shackle- MEAT INDUSTRY. hoister, header, or as a trimmer (whether or not (Cattle Slaughtering—Midland Junction employed as a member of the slaughtering team) Abattoirs.) for whom a margin of eleven dollars and twenty cents per week was prescribed in Award No. 45 of Award No. 11A of 1966. 1955 as amended, shall be no less than eight dollars BEFORE THE WESTERN AUSTRALIAN and ninety four cents for that day. INDUSTRIAL COMMISSION. 3. Clause 13—Junior Workers: Delete this No. 179 of 1967. clause and insert in lieu thereof:— Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Mid- 13.—Junior Workers. land Junction Abattoir Board, Respondent. (1) The minimum rates of wages to be paid to HAVING heard Mr M. Burns on behalf of the ap- junior workers covered by this award shall be— plicant and Mr L. E. Boylan on behalf of the re- (a) If a member of the slaughtering team in ac- spondent, and by consent, I, the undersigned, Chief cordance with the provisions of clause 17, Industrial Commissioner of The Western Aus- Duties and classification of Slaughtering tralian Industrial Commission, in pursuance of the team— powers contained in section 92 of the Industrial Per cent, of basic wage: % Arbitration Act, 1912-1966, and all other powers Under 17 years of age 60 therein enabling me, do hereby order and declare— 17 to 18 years of age 70 That the Meat Industry (Cattle Slaughter- 18 to 19 years of age 90 ing—Midland Junction Abattoir) Award, No. 19 to 20 years of age 100 11A of 1966, be and the same is hereby amend- Margin over basic wage: $ ed in accordance with the following schedule 20 to 21 years of age 4.40 and that such amendment shall take effect as (b) Otherwise (per cent, of basic wage): % from the beginning of the first pay period com- Under 17 years of age 50 mencing on or after the date hereof. 17 to 18 years of age 62J Dated at Perth this 10th day of February, 1967. 18 to 19 years of age 75 (Sgd) S. F. SCHNAARS, 19 years of age or over 100 IL.S.l Commissioner. (2) No junior shall be required to lift weights in excess of the following:— Under 16 years of age 40 lb. Schedule. Under 17 years of age 60 lb. 1. Clause 11.—Wages: Delete this clause and Under 18 years of age 80 lb. insert in lieu thereof:— (3) (a) In the event of the employer engaging a 11.—Wages. junior worker on any work (except that included The minimum rates of wages to be paid to mem- as part of the duties of the slaughtering team) bers of the slaughtering team, except when those which has previously been performed exclusively by duties can be and are performed by a junior worker adult workers the union may refer the matter to (4)—33512 106 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE: 22 March, 1967.] the Board of Reference to determine whether in $ the circumstances that work is suitable for a junior (17) Cable jointer 11.70 worker and should be performed. (18) Electrical installer 15.50 (b) Should the Board of Reference determine (19) Electrical linesman 9.45 that the work may be performed by a junior work- (20) Sand blasting—shot blast or sand er it may do so unconditionally or subject to such blast dresser who is not protected conditions as it deems fit. from flying shot or sand by a pro- perly enclosed cabin 7.90 (21) Tool storeman 4.15 METAL TRADES. (22) Blacksmith's striker 4.15 (23) Trades assistant 4.15 (Fremantle Port Authority.) Award No. 23 of 1953. 2. Clause 22—Special Rates and Provisions; BEFORE THE WESTERN AUSTRALIAN Delete paragraph (1) hereof and insert in lieu INDUSTRIAL COMMISSION. thereof No. 26 of 1967. (1) Leading Hands: A leading hand placed in charge of— Between Coastal District Committee Amalgamated (a) Not less than three and not more Engineering Union Association of Workers; than ten other workers, two dollars Electrical Trades Union of Workers of Aus- thirty cents per week extra. tralia (Western Australian Branch), Perth; (b) More than ten and not more than and State Executive, Australasian Society of twenty other workers, four dollars and Engineers' Industrial Association of Workers, forty-five cents per week extra. Applicants, and Fremantle Forth Authority, (c) More than twenty other workers, six Respondent. dollars and sixty-five cents per week HAVING heard Mr J. H. Mutton on behalf of extra. Coastal District Committee Amalgamated Engin- eering Union Association of Workers; Mr R. Fletcher on behalf of Electrical Trades Union of METAL TRADES. Workers of Australia (Western Australian Branch), (Metropolitan Transport Trust.) Perth; and Mr M. Jahn on behalf of State Execu- tive, Australasian Society of Engineers' Industrial Awards Nos. 37, 38 and 39 of 1960. Association of Workers, applicants, an Mr J. Collins BEFORE THE WESTERN AUSTRALIAN on behalf of the respondent, and by consent, I, INDUSTRIAL COMMISSION. the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in No. 27 Of 1967. pursuance of the powers contained in section 92 of Between Amalgamated Engineering Union of the Industrial Arbitration Act, 1912-1966, and all Workers, Perth Branch, and others. Appli- other powers therein enabling me, do hereby order cants, and Metropolitan (Perth) Passenger and declare— Transport Trust, Respondent. That the Fremantle Harbour Trust (Metal HAVING heard Mr J. H. Mutton on behalf of the Trades Employees) Award, No. 23 of 1953, as Amalgamated Engineering Union of Workers, Perth amended, be and the same is hereby further Branch, Mr R. Fletcher on behalf of Electrical amended in accordance with the following Trades Union of Workers of Australia (Western schedule and such amendment shall take effect Australian Branch), Perth, and Mr M. Jahn on as from the beginning of the first pay period behalf of State Executive, Australasian Society of commencing on or after the date hereof. Engineers, Industrial Association of Workers, ap- Dated at Perth this 27th day of January, 1967. plicants, and Mr R. Lane on behalf of the respon- dent, and by consent, I, the undersigned, Chief [L.S.] (Sgd.) S. F. SCHNAARS, Industrial Commissioner of The Western Austra- Commissioner. lian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Schedule. Arbitration Act, 1912-1966, and all other powers 1. First Schedule—Rates of Pay: Delete para- therein enabling me, do hereby order and declare— graph (i) and (ii) and insert in lieu thereof:— That the Metal Trades (Metropolitan (Perth) $ Passenger Transport Trust) Award, Nos. 37, (i) Basic Wage (per week) 33.50 38 and 39 of 1960, as amended, be and the same is hereby further amended in accord- (ii) Classifications and margins per week: ance with the following schedule and such (1) Toolmaker 18.50 amendment shall take effect as from the be- (2) Blacksmith—in workshop .... 16.00 ginning of the first pay period commencing (3) Blacksmith—on construction work 15.50 on or after the date hereof. (4) Fitter 15.50 (5) Turner 15.50 Dated at Perth this 27th day of January, 1967. (6) Battery Fitter 15.50 [L.S.l (Sgd.) S. F. SCHNAARS, (7) Machinist first class 15.50 Commissioner. (8) Machinist second class 8.40 (9) Machinist third class 6.10 (10) Welder Special class 17.00 Schedule. (11) Welder First class 15.50 1. Clause 27.—Rates of Wages: Delete subclauses (12) Welder Second class 6.10 (a) and (b) and insert in lieu thereof the (13) Welder Third class 5.15 following— $ (14) Automotive electrical fitter .... 15.50 (a) Basic Wage (per week): 33.50 (15) Motor mechanic 15.50 (b) Adult Males (margin per week): (16) Electrical fitter and/or armature (1) Battery fitter 15.50 winder 15.50 (2) Blacksmith 15.50 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 107

$ (b) When in charge of more than ten and (3) Electrical fitter and armature not more than twenty other workers, he winder 15.50 shall be paid four dollars and forty five (4) Fitter and/or turner 15.50 cents per week extra. (5) Machinist first class 15.50 (c) When in charge of more than twenty (6) Fitter after twelve month's service other workers, he shall be paid six dol- in diesel injector room 16.15 lars and sixty five cents per week extra. (7) Motor mechanic 15.50 (8) Welder—special class 16.55 (9) Welder—first class 15.50 (10) Welder—second class 6.10 MUNICIPAL AND ROAD BOARD EMPLOYEES. (11) Welder—third class 5.15 (Metropolitan.) (12) Welder—fourth class 4.40 (Award No. 1 of 1948.) (13) Steam cleaner 6.40 (14) Blacksmith's striker 4.15 BEFORE THE WESTERN AUSTRALIAN (15) Tradesman's assistant 4.15 INDUSTRIAL COMMISSION (16) Tool and material storeman .... 4.15 No. 169A of 1966. 2. Clause 20—Special Rates and Provisions: Between: Western Australian Municipal, Road Delete subclauses (a) (i), (ii) and (iii) and in- Boards, Parks and Racecourse Employees' sert in lieu thereof the following:— Union of Workers, Perth, Applicant, and City (a) Leading Hands: A leading hand placed of Perth, and others. Respondents. in charge of— HAVING heard Mr P. L. J. Norris on behalf of the (i) not less than three and not more than applicant and G. J. Martin on behalf of the ten other workers shall be paid at the respondents, and by consent, I, the undersigned, rate of two dollars and thirty cents Chief Industrial Commissioner of the Western per week extra; Australian Industrial Commission, in pursuance of (ii) more than ten and not more than the powers contained in section 92 of the Industrial twenty other workers shall be paid at Arbitration Act, 1912-1966, and all other powers the rate of four dollars and forty five therein enabling me, do hereby order and declare— cents per week extra; That the Municipal and Road Board (iii) more than twenty other workers Employees' (Metropolitan) Award, No. 1 of shall be paid at the rate of six dollars 1948, as amended, be and the same is hereby and sixty five cents per week extra. further amended in accordance with the following schedule and that such amendment MOULDERS. shall take effect as from the beginning of the (Government.) first pay period commencing on or after the Award No. 19 of 1930. date hereof. BEFORE THE WESTERN AUSTRALIAN Dated at Perth this 10th day of February, 1967. INDUSTRIAL COMMISSION. (Sgd) S. F. SCHNAARS, No. 40 of 1967. [L.S.l Commissioner. Between Federated Moulders (Metals) Union of Workers, Perth, Applicant, and Minister for Schedule Works, and others. Respondents. Clause 24.—Wages: delete this clause and insert HAVING heard Mr B. O'Connor on behalf of the in lieu thereof the following:— applicant and Mr L. Pilgrim on behalf of the res- pondents, and by consent, I, the undersigned, 24.—Wages. Chief Industrial Commissioner of The Western The following shall be the minimum rates of Australian Industrial Commission, in pursuance of wages payable to workers covered by this award:— the powers contained in section 92 of the Indus- trial Arbitration Act, 1912-1966, and all other (1) Basic Wage (per week) $ powers therein enabling me, do hereby order and Adult males 33.50 declare— (2) Adults (Classification and margin That the Moulders' (Government) Award, over male basic wage per week): No. 19 of 1930, as amended and consolidated, (a) Sanitary service workers— be and the same is hereby further amended in (i) Pan removers 10.40 accordance with the following schedule and (ii) Depot hands 9.60 that such amendment shall take effect as from (iii) Rubbish and dust carters the beginning of the first pay period com- (horse drawn vehicles) who mencing on or after the date hereof. actually handle rubbish .... 6.90 Dated at Perth this 3rd day of February, 1967. (iv) Tipmen 5.10 LL.S.i (Sgd) S. F. SCHNAARS, (v) Male attendants at public Commissioner. latrines (7 day week) .... 5.10 (vi) Motor truck drivers on Schedule. sanitary work 14.50 Clause 24—Wages: Delete subelause headed (vii) Garbage drivers (motor) shall "Leading Hands" and insert in lieu thereof:— be paid one dollar ninety "Leading Hands." Leading hand means any cents per week in addition to tradesman placed in charge of three or more the appropriate vehicle other workers. A leading hand shall be paid driver's rate in (b) and (c) such extra rate as hereinafter prescribed:— hereof. (a) When in charge of not less than three (viii) Horse drivers on sanitary and not more than ten other workers he work 10.40 shall be paid two dollars and thirty (ix) Assistants on rubbish or dust cents per week extra. lorries or trucks 6.20 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

(b) Motor vehicle drivers— $ (ix) Articulated scraper—self $ (i) Not exceeding 25 cwt. capa- powered— city 7.80 (a) Under twenty cubic yards (ii) Exceeding 25 cwt. and not capacity 12.60 exceeding 3 tons capacity .... 9.30 (b) Twenty cubic yards to (iii) Exceeding 3 tons and under thirty cubic yards capa- 6 tons capacity 10.80 city 14.20 For each complete ton over (c) Over thirty cubic yards 5 tons capacity, twenty-five capacity 16.00 cents additional margin. (x) Steam roller driver 9.70 Provided that the maximum (xi) Air compressor operator .... 4.90 amount shall not exceed four (xii) Water flusher driver, street dollars. cleaning machine operator or (iv) Drivers of loaded motor Auto Eductor driver— wagons (except tractors) (a) 35 brake horsepower and drawing a loaded trailer also under 9.25 (not to include a mechanical (b) Over 35 brake horsepower horse) forty cents per day to 70 brake horsepower .... 11.05 extra. (c) Over 70 brake horsepower (v) Drivers of articulated to 130 brake horsepower 12.30 vehicles—not exceeding 8 (d) Over 130 brake horse- tons capacity 13.10 power 13.70 Exceeding 8 tons capacity: - Provided that the afore- For each complete addi- mentioned brake horse- tional ton, twenty five power ratings shall relate cents additional margin: Pro- only to the prime motive vided that the maximum engine of the equipment. amount shall not exceed five (xiii) Mechanical shovelman or bin dollars. attendant 7.65 (vi) Drivers—machinery float (xiv) Drivers of mobile cranes with having makers capacity of 8 lifting capacity— tons or less 14.30 (a) 5 tons or less 8.70 For each complete (b) Over 5 tons but not additional ton, twenty five more than 10 tons .... 9.60 cents additional margin: Pro- (c) Over 10 tons but not vided that the maximum more than 20 tons .... 10.80 amount shall not exceed five (xv) Driver of fork lift .... 8.45 dollars. (xvi) Driver of mechanical horse with or without tractor .... 12.05 (c) Machine drivers— (xvii) Driver of portable petrol (i) Oil driven power road roller 9.30 driven cross cut or circular (ii) Footpath roller operator .... 8.70 saw 6.70 (iii) Vibrator roller operator (xviii) Men operating steam cleaner 6.55 (hand) 6.70 (xix) Gullyhole eductor operator (iv) Tractors without power assistant 5.65 operated attachments or with (xx) Garage assistant (City of power operated attachments Perth) 8.60 not in use— (xxi) Operator of levelling and (a) 50 brake horsepower and finishing unit (Barber under 8.40 Greene) 11.10 (b) Over 50 brake horsepower 9.30 (v) Tractors while using power (d) Gardeners— operated attachments— (i) Propagator 6.10 (a) 35 brake horsepower and (ii) Nurserymen, first class under 9.30 gardeners appointed as such (b) Over 35 brake horsepower by the employer and street and not exceeding 70 tree pruners and/or loppers 5.90 brake horsepower .... 11.10 (iii) Gardeners planting out and (c) Over 70 brake horsepower attending flower beds and and not exceeding 130 assistant nurseryman .... 4.70 brake horsepower .... 12.30 (iv) Others including workers in (d) Over 130 brake horse- attendance on reserves, parks power 13.70 and plantations and men (vi) Front end and overhead using scythe 4.15 loaders: (v) Bowling green keepers .... 10.20 Appropriate tractor margin. (vi) Bowling green assistants .... 4.15 (vii) Loader—mechanical bucket (vii) Golf green keepers (18 type truck or tractor mounted 9.30 holes) 10.20 (viii) Power graders— (viii) Golf green keepers (9 holes) 8.60 (a) Drawn type, power (ix) Tennis court keepers .... 9.00 operated control .... 11.25 (x) Tennis court assistants .... 4.15 (b) Single unit—40 brake (xi) Turf wicket keepers .... 9.00 horsepower and under .... 10.25 (xii) Hand motor mowers .... 4.90 (c) Single unit—over 40 (xiii) Hand rotary hoe and opera- brake horsepower .... 11.85 tors of other machines .... 4.90 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(e) Sweepers— $ (j) Road workers and depot hands— $ (i) On orderly work with hand (i) Road workers and depot men 4.10 scoop 4.90 (ii) Hammer and gadmen break- (ii) Others 4.90 ing up roads and footpaths 5.90 (iii) Pickers up 4.10 (iii) Knappers on roads or foot- (iv) Pickers up (Be tidy bins) .... 6.20 paths 4.10 (iv) Spallers on roads or foot- (f) Drainage Workers— paths 4.10 (i) Pipe layer and jointer and (k) Ploughmen (not drivers)—when setter 9.40 ploughing with a tractor or truck 4.90 (ii) Timberman 4.90 (1) Scoopmen—Mechanically hauled (iii) Others 4.10 scoop or grader 5.90 (g) Quarrymen— (m) General— (i) Powder monkey 8.50 (i) Sand and/or gravel pitman 4.10 (ii) Crusher feeder 6.85 (ii) Axeman 4.10 (iii) Jackhammerman 5.90 (iii) Broad axeman 11.15 (iv) Man barring down .... 5.90 (iv) Jack hammerman and pneu- (v) Spaller 5.90 matic drillman 5.90 (vi) Plant attendant 8.50 (v) Night watchmen 6.10 (vii) Man filling wagon under bin 5.90 (vi) Tree fallers (native trees) 4.90 (viii) Jumperman or hammer and (vii) Sprayers or fumigators of drillman 5.90 noxious weeds and/or pests, vermin, mosquitos or ants or (h) Bitumen workers— workers employed in destroy- (i) Tar, bitumen or bituminous ing blackberry bush and box- emulsion mixing machine .... 7.70 thorn 6.70 (ii) Manufacturing bituminous (viii) Storeman .... 7.60 emulsions 7.70 (n) Grave diggers and exhumations— Grave diggers 11.60 (iii) Spreading premix on roads or Exhumations— footpaths 7.70 (i) Any worker who opens and/ (iv) Dragmen 7.70 or enters a grave for the (v) Topmen weighing metal and. purpose of an exhumation bitumen for bituminous shall be paid four dollars emulsions (high temperature forty cents for the first mixing machine) 11.80 body lifted and two dollars (vi) Feeding bituminous mixer twenty cents for each subse- (metal) 6.85 quent body lifted. (ii) In the case of two or more (vii) Feeding bituminous mixture workers being required to (filler) 6.85 perform the task or tasks (viii) Cutting, feeding or heating 6.85 referred to in subclause (i) (ix) Spreading bituminous mix- hereof the amount of seven tures 8.80 dollars sixty cents shall be (x) Bitumen screed hand levelling equally divided amongst the off bituminous concrete .... 8.80 workers so engaged. (xi) Trimming road surfaces to (o) Workers not elsewhere classified 4.10 shape and grade after initial spreading of metal and prior to spraying 5.90 NON-FERROUS METALS. (xii) Sweeping roads and/or (Metal Manufacturers (W.A.) Pty Ltd.) spreading metal before and Award No. 21 of 1963. after tar or bitumen spraying 5.90 BEFORE THE WESTERN AUSTRALIAN (xiii) Sealing iron operator .... 8.80 INDUSTRIAL CCOMMISSION. (xiv) Operator of metal spreading No. 153 of 1967. machine 6.50 Between the State Executive Australasian Society (xv) Impactor operator 5.90 of Engineers Industrial Association of Workers, (i) Kerb and Path Hands— Applicant, and Metal Manufacturers W.A. Pty Ltd, Respondent. (i) Wood kerber 9.40 HAVING heard Mr M. Jahn on behalf of the ap- (ii) Gravel and stone lump kerb plicant and Mr D. Hosking on behalf of the layers 5.90 respondent, and by consent, I, the undersigned, (iii) Concrete slab layer .... 9.05 Chief Industrial Commissioner of The Western (iv) Concrete kerb layer .... 9.05 Australian Industrial Commission, in pursuance of (v) Concrete finisher 8.30 the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers (vi) Concrete slab and kerb therein enabling me, do hereby order and declare— makers 6.80 That the Non-Ferrous Metals (Metal Manu- (vii) Concrete screed hands and facturers (W.A.) Pty Ltd) Award, No. 21 of slab kerb layers' assistants 4.10 1963, as amended, be and the same is hereby (viii) Workers mixing, wheeling further amended in accordance with the fol- and packing concrete (includ- lowing schedule and that such amendment ing mixing machine) .... 4.10 shall take effect as from the beginning of the WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

first pay period commencing on or after the The application is for the purpose of giving effect to date hereof. the wage adjustment formula recently prescribed Dated at Perth this 3rd day of February, 1987. by the Commonwealth Commission and adopted by (Sgd) S. F. SCHNAARS, this Commission as a general basis of wage move- [L.S.] Commissioner. ment. In dealing with what might be termed a test case Schedule. on this matter I had ruled (and that decision has Clause 13—Wages: Delete this clause and insert virtually been accepted by most of the parties who in lieu thereof:— appear before us) that a new wage adjustment which had been initiated by the Commonwealth 13.—Wages. Commission after full consideration of the economy, $ not only of one State but of all States (in other (1) Basic Wage (per week) 33.50 words, of the Commonwealth) should be applied (2) The minimum rates of wages payable to awards and industrial agreements within the to adult male workers covered by this jurisdiction of this Commission. award shall be the following margins I indicated in that decision that the formula added to the basic wage as prescribed should now be given application in Western Aus- from time to time:— tralia in the same manner as previous formulas of Adult Male Workers (margin per the Commonwealth Commission have been given week): application in this State and should only be reject- Wire— ed where special circumstances could be established Annealer 5.30 to clearly indicate why the adjustment should not Tandem driver 5.30 be made. Die cleaner 5.30 Drum assembler 5.30 In this particular instance Mr Hitchen, on be- Cone machine operator 4.80 half of the Minister and the various Hospital Boards Strander driver 4.80 that are concerned, has indicated that in their Examiner 4.80 opinion there are special circumstances why a wage Tandem driver's assistant .... 4.20 adjustment, resulting from the application of a Circular sawyer 4.20 formula, should not be applied to this award. In Wire welder 4.20 support of that contention Mr Hitchen referred to the manner in which wage rates in this award have Strander attendant 4.20 been previously based on New South Wales rates, Wire winder 3.70 and he referred to the decision on that matter re- General hand 3.70 ported in Volume 39, W.A.I.G. at p. 399. How- Tradesman and General—• ever, Mr Hitchen also recognised that in a later Fitter 15.50 decision (Volume 44, W.A.I.G., p. 765) the margins Weigher and Recorder (Ware- prescribed were no longer based substantially on house) 5.30 New South Wales and were not specifically related Tradesman's assistant 4.20 to any particular rate in Australia, although the Tool and material storeman .... 4.20 margins assessed were arrived at after considera- Unskilled workers not elsewhere tion of rates applying generally throughout Aus- classified 0.30 tralia. (3) Junior Male Workers (per cent, of Following the 1964 decision an application came basic wage): % before the Commission for the 14 per cent, formula Under 16 years of age 25 to be applied, and the respondents to this award Between 16 and 17 years of age .... 35 opposed the application of that formula substan- Between 17 and 18 years of age .... 45 tially on the same grounds as they have opposed Between 18 and 19 years of age .... 60 it on this occasion. However, the Commission then Between 19 and 20 years of age .... 75 decided that the formula should be given applica- Between 20 and 21 years of age .... 90 tion and a decision was made accordingly. The main proposition advanced today in opposit- ion to the application is that the formula has not NURSES AWARD been given general application to nurses elsewhere (Public Hospitals.) in Australia and, at this particular stage, it has No. 23 of 1963. only been applied to nurses in Victoria. BEFORE THE WESTERN AUSTRALIAN I do not consider that it is necessary in an appli- cation of this nature to wait until nurses every- INDUSTRIAL COMMISSION. where else throughout Australia have received the No. 51 Of 1967. adjustment before applying it in this State. We Between the Royal Australian Nursing Federation have made it quite clear that in our opinion this (West Australian Branch) industrial Union of formula adjustment, in which it is recognised that Workers, Perth, Applicant, and the Hon. Min- the economy of Australia can withstand an increase ister for Health, and others, Respondents. of the nature sought, should be given general ap- Before the Chief Industrial Commissioner, plication. I do not consider that there are, in fact, S. F. Schnaars, Esq. special circumstances existing why nurses in West- em Australia should not benefit by the wage ad- The 17th day of February, 1967. justment which has given fairly general applica- Mr D. Giles appeared on behalf of the applicant. tion to other workers in Western Australia and to Mr L. Hitchen appeared on behalf of the re- other workers elsewhere in Australia. spondents. The application of the formula to this award Judgment. would not bring the rates in this State so out of MR COMMISSIONER SCHNAARS: In this matter line with rates elsewhere as to make the new rates the Royal Australian Nursing Federation has sought unreasonable. For example, the present rates for an amendment to Award No. 23 of 1963, as amended. nurses are slightly less than the rates in New South 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

Wales. The application of a formula would make % them slightly higher than applying in that State, (3) Student Nurses—Male (per cent, of but would still leave the rates for nurses in W.A. male basic wage): below those in Victoria. First year 50 I do not consider that the formula application will Second year 65 bring about an unreasonable standard for nurses in this State and its application should not be deferred Third year 80 for the purpose of making the applicant rely on Fourth year 95 what has been their normal procedure in wage Provided that a student who is a mar- applications other than for formula adjustments, ried man shall upon proof of his mar- to substantiate claims on principles related to com- riage, be paid a total wage (i.e. cash wage parative wage justice. plus board and lodging allowance) equiv- These are not applications where principles of alent to the basic wage for the time being comparative wage justice become involved to any in force. substantial extent, unless the application of the (4) Student Nurses for Special Certificate formula would bring about rates so unreasonable as (margin over basic wage): $ to make them unjust under all the circumstances. (a) Trained Nurses— The application of the formula to this award would not bring about that result and accordingly I grant (i) Midwifery Certificate 10.30 the application to amend this award in accord- (ii) Infant Health Certificate .... 10.30 ance with the schedules submitted, but subject to (iii) Dental Nursing Certificate .... 10.30 any corrections which may be suggested at the (b) Others— speaking to the minutes. First year—48 per cent, of female Order accordingly. basic wage. Second year—56! per cent, of female basic wage. (5) Qualified Nurses: BEFORE THE WESTERN AUSTRALIAN (1) Midwifery Nurse without General INDUSTRIAL COMMISSION. Certificate— No. 51 Of 1967. First year 13.35 Between the Royal Australian Nursing Federation Thereafter 14.15 (Western Australian Branch) Industrial Union (2) Staff Nurse or Junior Sister— of Workers, Perth, Applicant, and Hon. Minis- First year 14.15 ter for Health, Board of Management of Prin- Second year 15.00 cess Margaret Hospital, and others, Respond- (3) Sister employed in hospitals with ents. not less than two years' hospital HAVING heard Mr D. Giles on behalf of the appli- experience after registration either cant and Mr L. Y. Hitchen on behalf of the re- as a Staff Nurse and or Junior spondents, I, the undersigned, Chief Industrial Com- Sister— missioner of The Western Australian Industrial Commission, in pursuance of the powers contained First year 16.60 in section 92 of the Industrial Arbitration Act, Second year 17.35 1912-1966, and all other powers therein enabling Thereafter 18.10 me, do hereby order and declare— (4) Clinic Sister, Training Schools— That the Nurses (Public Hospitals) Award, First year 17.35 No. 23 of 1963, as amended, be and the same is hereby further amended in accordance with Second year 18.10 the following schedule and that such amend- Thereafter 18.95 ment shall take effect as from the beginning (5) Sister in Charge of Geriatric and of the first pay period commencing on or after Psychiatric Wards other than the date hereof. Training Schools— Dated at Perth this 17th day of February, 1967. First year 17.35 Thereafter 18.95 (Sgd) S. F. SCHNAARS, (6) (a) Home Sister in Nurses' Home with [L.S.l Commissioner. up to 250 nurse residents— First year 17.35 Thereafter 18.95 (b) Home Sister in Nurses' Home with Schedule. over 250 nurse residents— Schedule 1—Wages: Delete and insert in lieu First year 18.95 thereof:— Thereafter 20.45 Schedule 1. (7) (a) Sister in Charge of a Ward and/or Wages. Department of a Training School or at Bunbury Hospital and Sister (1) Basic Wage (per week): $ in Charge of Maternity Ward and/ Males 33.50 or Labour Ward at Kalgoorlie Hos- Females 25.13 pital— (2) Student Nurses—Female (per cent, of . First year 20.70 female basic wage): % Thereafter 22.90 First year 52i Provided that previous exper- Second year 60 ience as a Sister in Charge of a Ward or department in any train- Third year 68 ing school covered by this award Fourth year 84 shall count as experience. 112 [22 March, 1967.

$ (19) Night Superintendent— $ (b) After live consecutive years' ser- (a) Under 100 beds— vice as a Sister in Charge of a First year 22.65 Ward, with the same employer .... 24.15 Thereafter 24.65 Provided that where a Sister in (b) Not less than 100 and under 300 Charge of a ward is temporarily beds— transferred to another position to meet the requirements of an em- First year 25.90 ployer, service in such other posit- Thereafter 28.00 ion shall count as service as Sister (c) Over 300 beds— in charge of a Ward. First year 28.60 (8) Sister Training Dental Nurses, Perth Thereafter 30.80 Dental Hospital— (20) (a) Health Services Sister and Senior First year 19.70 Sister in a hospital of over 30 to Thereafter 21.20 150 bed average— (9) Senior Sister of Outpatients' or other First year 24.90 Departments where more than five Thereafter 27.00 trained staff are employed— (b) Senior Sister in a hospital of over First year 18.95 150 bed average—> Thereafter 20.45 First year 27.20 (10) Sister in Charge of Outpatients' or Thereafter 29.30 other Departments and Wards where (21) Tutorial Staff: five or less trained staff are employed— (a) Principal Tutor at Royal Perth First year 19.70 Hospital— Thereafter 21.70 First year 47.55 (11) Sister in Charge of Outpatients' or Second year 49.35 other Department where more than Thereafter 51.15 five and under ten trained staff are (b) Principal Tutor (except at Royal employed— Perth Hospital) — First year 25.15 First year 40.75 Thereafter 27.25 Second year 42.55 (12) Sister in Charge of Outpatients' or Thereafter 44.38 other Department where more than 10 (c) Senior Tutor at Royal Perth Hos- trained staff are employed— pital— First year 27.50 Thereafter 29.60 First year 34.75 Second year 36.55 (13) Theatre Sister employed in major Third year 38.35 theatres of Training Schools and Sister Fourth year 40.15 in Charge of Casualty Theatre, Fre- mantle Hospital— Fifth year 41.95 First year 18.95 (d) Other Tutor and Clinical Instruc- Thereafter 20.45 tors holding a Tutor Diploma from (14) Sister in Charge of less than three a recognised College of Nursing or major theatres— University— First year 21.70 First year 26.90 Thereafter 23.90 Second year 30.15 (15) Sister in charge of three, four or five Third year 33.30 major theatres and the major theatre Fourth year 35.75 blocks at Princess Margaret and Fre- Fifth year 38.15 mantle Hospitals— (e) Other Tutor and Clinical Instruc- First year 24.40 tors— Thereafter 26.40 First year 18.40 Second year 21.65 (16) Sister in Charge of major theatres, six Third year 24.80 and over— Fourth year .... 27.25 First year 27.50 Fifth year 29.65 Thereafter 29.60 Provided that a Nurse shall not (17) Sister in Charge of Labour floor with be paid a lower margin than she major theatre in Maternity Training was receiving prior to her appoint- School— ment as Clinical Instructor. First year 25.75 (22) Deputy Matron, Dental Hospital .... 27.75 Thereafter 27.85 (23) Deputy Matron, Mt. Henry 28.55 (18) (a) Afternoon Superintendent—■ (24) Assistant Matron, Royal Perth Hos- (b) Senior Sister in hospital of up to pital 38.20 thirty bed average— (24a) Assistant Matron, Princess Margaret, (c) Relieving Sister for Departmental Fremantle and King Edward Memor- Hospitals— ial Hospitals 32.70 First year 20.95 (25) (a) Deputy Matron, Kalgoorlie and Thereafter 23.15 Wooroloo Hospitals 38.20 Provided that the Relieving (b) Deputy Matron at Departmental Sister shall not receive a lesser Metropolitan Hospitals and Coun- wage than the employee she is try Hospitals other than Kalgoor- relieving. lie or Wooroloo 26.50 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 113

(26) Deputy Matron at major metropolitan $ This may well be the position and undoubtedly hospitals other than Royal Perth Hos- it is a statement of fact. The rates then agreed pital 38.20 upon no doubt took into consideration rates apply- (27) Deputy Matron, Royal Perth Hospital 49.10 ing elsewhere in the same industry or, if they did not take that into consideration, they would no (28) Sub-Matron, Royal Perth Hospital doubt take into consideration wage rates apply- Annexe 43.30 ing generally. Since that date the formula has (29) Senior Assistant Matron, Royal Perth been given fairly general application throughout Hospital 43.30 the Federal jurisdiction and will be given similar (30) Matron at hospitals with an adjusted application in this State. bed average of— Previous similar decisions of the Commonwealth (a) Under 5 beds 24.90 Commission have been applied in certain other (b) 5 and under 10 beds 28.00 State jurisdictions but even if the formula is not (c) 10 and under 20 beds 31.20 given general application in all other States, for (d) 20 and under 50 beds 34.20 example, in New South Wales and Victoria, then (e) 50 and under 100 beds 39.50 the rates which would apply under this particular (30a) Matron, Knutsford Hospital 28.00 award by the application of the formula could not (31) Matron, Sunset 35.30 be regarded as being so much out of line with rates applying elsewhere throughout the industry as to (32) Matron, Dental Hospital 40.50 justify a refusal of the application of the formula. (33) Matron, Mt Henry 41.50 I do not consider that the objection should be (34) Matron, Kalgoorlie and Wooroloo sustained. One is not conversant with the rates Hospitals 49.90 applying prior to December 1966 elsewhere. It may (35) Matron, at major metropolitan hos- well be that the marginal adjustment which was pitals other than Royal Perth Hospital 49.90 then made was long overdue. That is a position (36) Matron, Royal Perth Hospital 65.15 which I cannot determine. However, the rates were agreed. They brought the margins up to (37) Sister in Charge of Hospital Annexe of certain rates which were certainly not the highest General Children's or Maternity Hos- in this industry in Australia and still will not be pitals— the highest in this type of industry in Australia (a) Under 100 beds- even if the formula is applied. First year 20.95 Thereafter 23.15 I cannot see that the employers would be pre- (b) Over 100 beds— judiced by the granting of the formula application and under these circumstances I would approve of First year 24.40 the award being amended in accordance with the Thereafter 26.40 schedule submitted by the parties and also in (38) Sister in Charge of a private wing at accordance with the amendment as suggested by major metropolitan hospitals other Mr Hosking, that being an amendment which has than Royal Perth Hospital— generally been given to previous applications. First year 22.05 The minutes will now issue. I understand that Thereafter 24.15 the parties do not desire to speak to the minutes, so Award No. 22 of 1957 will now be amended in PAINT AND VARNISH MAKERS. accordance with the amended schedule as sub- Award No. 22 of 1957. mitted by the parties and it will operate as from the beginning of the first pay period commencing BEFORE THE WESTERN AUSTRALIAN on or after today's date. INDUSTRIAL COMMISSION. No. 3 Of 1967. Order accordingly. Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers, Applicant, and Lewis Berger & BEFORE THE WESTERN AUSTRALIAN Sons (W.A.) Pty Ltd, and others. Respondents. INDUSTRIAL COMMISSION. Before Chief Industrial Commissioner S. F. No. 3 of 1967. Schnaars, Esq. Between Federated Miscellaneous Workers' Union The 3rd day of February, 1967. of Australia, West Australian Branch, Union of Mr W. Latter appeared on behalf of the appli- Workers, Applicant, and Lewis Berger & Sons cant. (W.A.) Pty Ltd, and others, Respondents. Mr D. Hosking appeared on behalf of the res- HAVING heard Mr W. Latter on behalf of the pondents. applicant and Mr D. Hosking on behalf of the Judgment. respondents, I, the undersigned, Chief Industrial Commissioner of The Western Australian Indus- THE COMMISSIONER: This is an application by trial Commission, in pursuance of the powers con- the Federated Miscellaneous Workers' Union to tained in section 92 of the Industrial Arbitration amend Award No. 22 of 1957, an award binding Act, 1912-1966, and all other powers therein en- Lewis Berger & Sons and others engaged in the paint and varnish industry. The application seeks abling me, do hereby order and declare— to apply the formula as recently approved by this That the Paint and Varnish Makers' Award, Commission. No. 22 of 1957, as amended, be and the same is Mr Hosking strongly objected on behalf of his hereby further amended in accordance with principals to the application of the formula. He the following schedule and that such amend- outlined the manner in which the award was ment shall take effect as from the beginning amended in December 1966 and contended that the of the first pay period commencing on or after increases then agreed upon brought the now exist- the date hereof. ing rates to a higher amount than would apply if Dated at Perth this 3rd day of February, 1967. the formula were now applied to the rates apply- I L.S.l (Sgd) S. F. SCHNAARS, ing to 2nd December. Commissioner. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

Schedule. Schedule. 1. Clause 8—Leading Hands—Delete this clause 1. Clause 7—Rates of Wages: Delete this clause and insert in lieu thereof:— and insert in lieu thereof:— 8.—Leading Hands. 7.—Rate of Wages. Any male worker placed by the employer in The minimum rates of wages per week payable charge of three or more other workers shall be to adult workers covered by this award shall be as paid at two dollars thirty cents per week in follows:— addition to the rates prescribed in the Wages (1) Basic Wage (per week): $ Clause. Males 33.50 2. Clause 22—Rates of Pay—Delete this clause Females 25.13 and insert in lieu thereof:— (2) Adult males (margin per week): Machineman 22.05 22.—Rates of Pay. Dryerman 16.90 (a) Basic Wage (per week): Machine assistant/tester 12.50 Males Winderman 11.15 Females Assistant winderman 8.25 (b) Adult Males (weekly margin over male Cutterman 11.15 basic wage): Assistant cutterman 8.25 (1) Bulk paint tinting Finisher, Baler, packer 8.25 (2) Varnish maker Refinerman 16.90 (3) Paint mixing and/or operator of Pulper attendant 16.45 wet grinding machine of any kind Pulper attendant—1st assistant .... 15.90 (4) Caustic plant Pulper attendant—2nd assistant .... 7.15 (5) All others Forklift truck driver 12.45 Vehicle driver— (c) Junior Males (per cent, of male basic wage per week): Not exceeding 25 cwt. capacity .... 8.85 14 to 15 years of age Exceeding 25 cwt. and not exceed- 15 to 16 years of age ing 3 tons 10.55 16 to 17 years of age 3 tons 10.55 17 to 18 years of age Exceeding 3 tons and not exceed- 18 to 19 years of age ing 6 tons 12.25 19 to 20 years of age Tradesman's assistant 7.40 20 to 21 years of age Rigger 12.45 Gardener/Cleaner 8.45 (d) Adult Females (margin over female Watchman/fire patrolman .... 12.05 basic wage per week): Laboratory sample attendant .... 11.05 Colour card makers and labellers .... Yardman 6.15 (e) Junior Females (per cent, of female Storeman 10.05 basic wage per week): Storeman working singly 11.40 15 to 16 years of age Check loader 10.75 16 to 17 years of age Press operator (waste paper) .... 11.25 17 to 18 years of age Waste paper assistant 7.15 18 to 19 years of age Road Tractor driver—50 b.h.p. and 19 to 20 years of age under 11.40 20 to 21 years of age Tractor driver— With power attachment over 35 b.h.p. and up to 70 b.h.p 15.25 With power attachment 35 b.h.p. PAPER MANUFACTURING. and under 13.45 Mobile crane driver—up to and in- Award No. 12 of 1966. cluding 5 tons 13.55 BEFORE THE WESTERN AUSTRALIAN Supply man 10.05 INDUSTRIAL COMMISSION. (3) Adult females (margin per week): Waste paper sorter 5.80 No. 275 of 1966. Counter/folder/weigher/packer .... 4.70 Between Printing and Kindred Industries Union, Sorter/finished paper and board .... 3.20 Western Australian Branch, Industrial Union Canteen assistant 4.70 of Workers, Applicant, and Australian Paper Office cleaner 3.20 Manufacturers Limited, Respondent. Laboratory attendant 9.15 (4) Leading hands appointed as such or in HAVING heard Mr L. E. Hearle on behalf of the charge of other workers to the extent set out in applicant and Mr D. Hosking on behalf of the res- the following table shall be paid the additional pondent, and by consent, I, the undersigned, Chief margins prescribed therein:— Industrial Commissioner of The Western Aus- Number of workers Additional tralian Industrial Commission, in pursuance of the Classification. Under Leading Hand's Margin Per powers contained in section 92 of the Industrial Charge. Week. Arbitration Act, 1912-1966, and all other powers First 21 and over 8.70 therein enabling me, do hereby order and declare— Second 11 to 20, inclusive 5.80 That the Paper Manufacturing Award No. Third 3 to 10, inclusive 3.20 12 of 1966, be and the same is hereby amended Provided that no leading hand shall be paid less in accordance with the following schedule. than the highest paid worker under his control. Dated at Perth this 3rd day of February, 1967. (5) When a worker is engaged on work not [L.S.] (Sgd) S. F. SCHNAARS, classified in subclauses (2), (3) or (4) of this clause, Commissioner. an interim rate shall be fixed by the employer 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 115 after consultation with the union. Within six Confined Spaces. months of the commencement of the work a rate (6) A worker working in a confined space shall shall be determined either by agreement betwe_en be paid twelve cents per hour extra. "Confined the employer and the union or, failing agreement, space" means a compartment, space or place, the by the Western Australian Industrial Commission. dimensions of which necessitate a worker working Such rate shall apply from the commencement of in a stooped or otherwise cramped position or with- the work. out proper ventilation. 2. Clause 9—Male Junior Workers: Delete sub- clause (1) of this clause and insert in lieu thereof:—• Dirty Work. (1) The minimum weekly rates of wages for (7) A schedule of work of an unusually dirty or male junior workers shall be the undermentioned offensive nature shall be prepared by agreement percentages of the total rate of wage for an adult between the employer and the union and may be yardman, as prescribed in subclause (2) of clause similarly amended from time to time as may be 7 of this award:— necessary or desirable. Failing such agreement, Per cent of total wage for adult yard such schedule shall be determined or amended (as man— % the ease may be) by the Board of Reference. Under 17 years 56 A worker who is required to perform any of the At 17 years 62 work included in such schedule shall be paid forty At 18 years .... 71i cents extra for each day or shift or part thereof At 19 years 90 during which he is engaged on such work, provided At 20 years Adult that only one such payment shall be made to a rates worker in respect of his work during any one day 3. Clause 10—Special Rates: Delete this clause or shift. and insert in lieu thereof:— Height Money. 10.—Special Rates. (8) A worker, other than linesman's assistant, (1) The special rates specified in this clause who is required to work at a height of or over thirty shall be paid in addition to the rates specified else- feet directly above the nearest horizontal plane, or where in this award. Provided that such special a worker, other than linesman's assistant, working rates shall only be payable where— on a suspended scaffold or boatswain's chair at any (a) the condition for which a special rate is height, shall be paid thirty-eight cents extra for prescribed has not been taken into account such day or shift or part thereof during which he in fixing the rates so specified elsewhere in is engaged on such work, provided that only one this award: and such payment shall be paid to a worker in respect (b) the conditions for which a special rate is of his work during any one day or shift. prescribed is not normally incidental to the occupation concerned. Wet Places. (2) Where two or more of the special rates speci- (9) A worker working under conditions which fied in this clause apply, the higher or highest rate cause his clothing or boots to become saturated by (as the case may be) only shall be payable. oil, water or other liquid, shall be paid ten cente Hot Places. per hour extra. (3) A worker working for more than one hour in Provided that this extra rate shall not be payable the shade in a place where the temperature is be- to a worker who is provided by the employer with tween 115 and 130 degrees Fahrenheit shall be paid suitable protective clothing and/or footwear. ten cents per hour extra, and in a place where the Provided further that any worker who becomes temperature exceeds 130 degrees Fahrenheit four- entitled to this extra rate shall be paid such extra teen cents per hour extra. rate for such time as he is required to work in wet Where such work continues for more than two clothing and/or boots. hours in a place where the temperature exceeds 130 degrees Fahrenheit the worker shall also be Slag Wool. entitled to twenty minutes rest after every two hours work without deduction of pay. (10) A worker handling loose slag wool, loose insulwool or other loose material of a like nature The temperature shall be decided by the foreman used for providing insulation against heat, cold or of the work after consultation with the worker noise shall, when so employed on the construction, who claims the extra payment. repair or demolition of furnaces, walls, floors, and/ Boiler Cleaning. or ceilings be paid fourteen cente per hour extra. (4) A worker engaged in cleaning and/or scrap- ing work inside an incinerator or limekiln or a gas Noisy Places. or water space of any boiler, flue or economiser or in (11) Where genuine and reasonable complaints cleaning inside enclosed hot wells and/or associated are made by workers regarding noise levels, the hot water storage tanks, aerators or precipitators employer concerned will arrange for measurements and/or in removing and cleaning caps on headers of of the noise level generally in the factory or work a water tube boiler shall be paid twenty-nine cents place concerned and in particular areas in respect per hour extra whilst so employed. of which complaints have been made. The em- ployer will then try to eradicate objectionable noise Repairs inside Boilers, etc. wherever practicable; where such is not practicable, (5) A worker engaged in alterations and/or a basis of payment for the disability will be negoti- repairs inside an incinerator or limekiln or the gas ated according to the corcumstanees of each case or water space of any boiler, flue, precipitator or and the extent to which provision has not already economiser, shall be paid twenty-three cents per been made in accordance with paragraphs 10 (1) hour extra. (a) and (b) above. 116 [22 March, 1967.

General. 8. (a) Clause 24—Sick Leave: Delete subclause (12) The special rates prescribed in this clause (1) of this clause and insert in lieu thereof:— shall be paid without regard to the times which (1) A worker shall accumulate entitlement the work is performed and shall not be subject to to paid sick leave throughout a period of con- any premium or penalty addition whatsoever. tinuous employment with the same employer and in accordance with the following table:— Hours Additional Special Conditions For each of his first five years of em- (13) Notwithstanding the provisions made relat- ployment 40 ing to the abovementioned special rates, the rate For his 6th year of employment .... 48 for any additional special condition shall be deter- For his 7th year of employment .... 56 mined at the factory level. For his 8th year of employment .... 64 For his 9th year of employment .... 72 4. Clause 13.—Shift Work: Delete paragraph (b) For his 10th and each subsequent of subclause (1) and paragraph (b) of subclause year of employment 80 (8) of this clause and insert in lieu thereof:— A worker who commences his employment on (1) (b) "Afternoon shift" means any shift fin- a date other than the first day of July shall be ishing after 5 p.m. and not later than midnight. entitled to sick leave on a pro rata basis (cal- culated to the nearest two hours, periods of (8) (b) Where such change requires that he shall less than two hours being disregarded) in re- work on a day which otherwise would spect of the period from such commencement have been his rostered day off, he shall to the next following .30th day of June. How- be paid at the rate of double time for ever, unpaid absence due to sickness during all time worked by him on that day un- such period shall, if the worker so desires, be less he shall have received at least four- paid retrospectively, to the extent that it is teen days' notice of such requirement. covered, out of the entitlement which becomes due on the first day of July following the date 5. Clause 15.—Overtime—Shift Workers: De- of commencement. lete paragraph (b) of this clause and insert in lieu thereof:— (b) Add the following new subclause (4) to this (b) Where a worker is given notice to work clause:— the succeeding shift and the notice is can- (4) Where a worker retires due to age or celled, and as a consequence of the notice incapacity, or his services terminate after ten he has remained on the premises until the years' continuous service for other reasonable prescribed starting time he shall be paid cause, any unused sick leave standing to his four hours' ordinary pay. credit shall be paid to him at his rate of pay on the last day of the sick leave year in respect to which the entitlement accrued. 6. Clause 20—Mixed Functions: Add the fol- Where sick leave is taken the earliest credits lowing new subclause (4) to this clause:— in terms of hours shall be used first, but the (4) A worker whose usual margin is less rate of payment for such sickness shall be as than that of a Fork Lift Truck Driver who is prescribed in subclause (2) hereof. occasionally required to drive a Fork lift truck in the performance of his duties, shall be paid 9. Clause 25—Compassionate Leave: Delete an additional margin at the rate of two dol- this clause and insert in lieu thereof:— lars per week for any day during which he drives a fork lift truck for less than a total of 25.—Compassionate Leave. four hours, but in no case will such worker's A worker shall on the death within Australia margin exceed that of a Fork lift Driver. If of a wife, husband, father, mother, child, step- he drives a fork lift truck for a total period in child, brother, sister, father-in-law or mother- excess of four hours in any one day-shift he in-law be entitled on notice to leave up to and shall be paid the fork lift truck driver's rates. including the day after the funeral of such relation. Such leave shall be without deduc- 7. Clause 22—Meal Allowance: Delete subclause tion of pay for a period not exceeding the (1) of this clause and insert in lieu thereof:— number of hours worked by the worker in three ordinary days' work. Proof of such death shall (1) A worker who is required to work over- be furnished by the worker to the satisfaction time for not less than one and a half hours of his employer. Provided, however, that this immediately following his ordinary working clause shall have no operation while the period hours, without having been notified not later of entitlement to leave under it coincides with than his ordinary ceasing time on the previous any other period of entitlement to leave. For working day or shift that he would be so re- the purposes of this clause the words "wife" quired, shall be supplied with a meal by the and "husband" shall not include a wife or hus- employer before commencing the overtime band from whom the worker is separated but work, but if a meal is not supplied he shall be shall include a person who lives with the work- paid one dollar and fifteen cents in lieu thereof er as a defacto wife or husband. provided that no payment shall be made to a worker who goes home for his meal. Where 10. Clause 27—Injuries on Duty: Delete this the work is continued, the worker shall receive clause and insert in lieu thereof:.— further meal or payment as the case may be after each four hours' overtime worked. 27.—Injuries on Duty. If a worker pursuant to such notice has pro- (1) A worker injured on duty and unable to con- vided a meal or meals and is not required to tinue at work shall be paid in full— work overtime, he shall be paid one dollar and (a) when on his normal day or shift—for the fifteen cents for each meal so provided. remaining hours of that day or shift; or 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(b) when on overtime—up to the time of the powers contained in section 92 of the Industrial injury or, if a minimum period is pre- Arbitration Act, 1912-1966, and all other powers scribed by this award, for the remainder of therein enabling me, do hereby order and declare— such period. That the Pastrycooks' Award, No. 11 of 1962, (2) An employer shall make up to his ordinary as amended, be and the same is hereby further rate of wage (less any payments under a Welfare amended in accordance with the following or similar scheme subsidized by the employer) the schedule and that such amendment shall take Workers' Compensation weekly payments of an effect as from the beginning of the first pay injured worker, subject to the following condi- period commencing on or after the date hereof. tions :— Dated at Perth this 10th day of February, 1967. (a) Make-up payments will not be continued for longer than thirteen weeks from the (Sgd) S. F. SCHNAARS, date of the injury, nor beyond the time, IL.S.l Commissioner. within that period, of a claim for damages being granted. (b) Subject to (c) below make-up payments will be paid not later than seven days from Schedule. submission of First Certificate and Report Delete Clause 20—Wages and insert in lieu there- of Injury. Payments will not be back- of:— dated prior to submission of these reports, 20.—Wages. unless they are submitted within seven days The minimum rates of wages payable to workers of the date of injury. covered by this award shall be as follows:— (c) Make-up payments will not be commenced (a) Basic Wage (per week): $ until liability for the payment of Workers' Adult males 33.50 Compensation is admitted. Adult females 25.13 (d) Make-up payments will not be continued if the worker refuses to submit to any (b) Adult males (margin over male basic necessary medical examination. wage per week): Pastrycook 10.70 (e) In the case of a claim for damages against the employer being granted, the make-up Single hand pastrycook 12.50 payments already made shall be to that Leading hand 13.55 extent a satisfaction of the judgment. In Assistant 4.40 the case of a claim for damages against a (c) Adult females (margin over female third party being successful the make-up payments shall be refunded by the worker basic wage per week): to the employer out of the damages re- Pastrycook 8.40 ceived. Assistant .... 4.30 (f) These provisions do not apply to casual When in charge of other workers workers. workers (per week extra) 1.00 (g) In the case of a part-time worker, wages (d) Junior Male Assistants (per cent, of will be made up to ordinary rate of pay male basic wage per week): % for the normal time worked by that worker. 14 to 15 year's of age 25 15 to 16 years of age 35 16 to 17 years of age 45 These amendments shall operate as from the 17 to 18 years of age 55 beginning of the first pay period commencing on or 18 to 19 years of age 70 after the date hereof except in respect of the Rates 19 to 20 years of age 80 of Wages prescribed in clause 7 which have been paid as from the beginning of the first pay period 20 to 21 years of age 95 commencing on or after 11th July, 1966. (e) Junior Females (per cent, of female basic wage per week): 15 to 16 years of age 35 16 to 17 yeai-s of age 45 17 to 18 years of age 55 PASTRYCOOKS. 18 to 19 years of age 70 Award No. 11 of 1962. 19 to 20 years of age 80 20 to 21 years of age 95 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. (f) Apprentices, Male (per cent, of male basic wage per week): No. 77 of 1967. First year 35 Between Western Australia Pastrycooks and Con- Second year 50 fectioners' Employees' Union of Workers, Perth, Third year 68 Applicant, and Bakewell Co. Pty Limited, and others, Respondents. Fourth year 90 Fifth year 100 HAVING heard Mr J. E. Skidmore on behalf of the plus $3.82 applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I, the undersigned. (g) Casuals shall be paid at the rate of fifteen Chief Industrial Commissioner of The Western Aus- per cent, in addition to the rates prescribed tralian Industrial Commission, in pursuance of the in this clause. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

FIBROUS PLASTER AND CEMENT WORKERS. (3) Junior Workers, casting section (per Award No. 7 of 1964 cent, of basic wage per week): % BEFORE THE WESTERN AUSTRALIAN Under 16 years of age 33 INDUSTRIAL COMMISSION Between 16 and 17 years of age 45 Between 17 and 18 years of age 58 No. 98 of 1967 Between 18 and 19 years of age 70 Between: The Operative Plasterers and Plaster Between 19 and 20 years of age 83 Workers Federation of Australia, (Industrial Between 20 and 21 years of age 95 Union of Workers) Western Australian Branch, (4) Apprentices (per cent, of male basic Applicant, and H. B. Brady Company Pty. Ltd., wage and tool allowance per week): Ceiloyds Ltd., and others: Respondents. Modellers—• % HAVING heard Mr A. C. Lee on behalf of the Five-year term— applicant and Mr H. J. De Burgh on behalf of First year (tool allowance the respondents, and by consent, I, the under- $0.18) 35 signed, Chief Industrial Commissioner of the West- Second year (tool allowance ern Australian Industrial Commission in pursuance $0.36) 50 of the powers contained in section 92 of the Indus- Third year (tool allowance trial Arbitration Act, 1912-1966, and all other pow- $0.54) 68 ers therein enabling me, do hereby order and Fourth year (tool allowance declare- $0.54) 90 That the Fibrous Plaster and Cement Fifth year (tool allowance Workers' Award No. 7 of 1964, as amended, be $0.54) 1004-$3.82 and the same is hereby further amended, in Four-year term— accordance with the following schedule and that such amendment shall take effect as from First year— % the beginning of the first pay period com- 1st six months (tool allow- mencing in or after the date hereof. ance $0.18) 40 2nd six months (tool allow- Dated at Perth this 10th day of February, 1967. ance $0.18) 65 Second year— (Sgd.) S. F. SCHNAARS, 1st six months (total allow- Commissioner. ance $0.36) 55 2nd six months (total allow- ance $0.36) 65 Third year (tool allowance Schedule. $0.54) 80 1. Clause 14.—Wages: Delete this clause and Fourth year (tool allowance insert in lieu thereof the following:— $0.54) 1004-$3.82 Fixers— 14.—Wages First year— % The minimum rates of pay payable to workers 1st six months (tool allow- covered by this award shall be as follows:— ance $0.18) 40 2nd six months (tool allow- (1) Basic Wage (per week) ance $0.18) 45 (2) Adults (margin over basic wage per Second year— week): 1st six months (tool allow- ance $0.36) 65 (a) Modeller 2nd six months (tool allow- Tool Allowance ance $0.36) 65 (b) Fixer Third year— Tool Allowance 1st six months (tool allow- Lost Time Allowance ance $0.54) 80 (c) Plaster Caster 2nd six months (tool allow- Tool Allowance ance $0.54) 100 (d) Cutters (5) Junior Fixers (per cent, of male (e) Labourers basic wage and tool allowance per (f) Cement Worker week): (g) Trainee casters— Under 17 years of age (tool allow- Up to 40% proficiency ance $0.18) 35 Thereafter such percentage of the Between 17 and 18 years of age plaster caster's margin as is as- (tool allowance $0.36) 50 sessed in accordance with sub- Between 18 and 19 years of age clause (9) of clause 8. (tool allowance $0.54) 68 Up to 40% proficiency Between 19 and 20 years of age (tool allowance $0.54) 90 (h) Trainee fixers— Between 20 and 21 years of age Up to 40% proficiency (tool allowance $0.54) 100 Thereafter such percentage of the Provided that a junior who has had fixers' margin as is assessed in ac- two or more years experience as a Fixer cordance with subclause (8) of shall receive a margin of $3.82 over the clause 7. basic wage at 20 to 21 years. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(6) A "Casual Worker" being a person who is Schedule. engaged or employed for a period of less than one week (exclusive of hours or over- Clause 11.—Wages: Delete this Clause and in- time worked) shall be paid for the time so sert in lieu thereof the following:— engaged at the rate of 15 per cent, in addi- 11.—Wages. tion to the rates prescribed herein. The minimum rate of wages, payable to workers Provided that this shall not apply to a covered by this award shall be as follows:— worker who severs his contract of service $ or who is dismissed for misconduct. (a) Basic Wage (per week) 33.50 (b) Adult Males (margin per week): 2. Clause 16—Special Rates and Conditions: Plant operator 7.60 Delete subclause (1) and insert in lieu Bagger 6.00 thereof the following:— Washer 4.40 Front end loader driver 9.20 (1) Leading Hands: A worker placed in Fork lift driver 8.45 charge for not less than one day of— (a) not less than three and not more than ten other tradesmen shall be paid forty-six cents per day extra; (b) more than ten and not more than twenty other tradesmen shall be paid eighty-nine cents per day extra; PLASTIC MANUFACTURING. (c) more than twenty other tradesmen Award No. 8 of 1960. shall be paid one dollar thirty-three BEFORE THE WESTERN AUSTRALIAN cents per day extra. INDUSTRIAL COMMISSION. Where the leading hand works under the No. 194a of 1965. supervision of a foreman or of the employer Between Federated Miscellaneous Workers' Union for the major portion of the day, extra rates of Australia, West Australian Branch, Union set out in this subclause shall be halved. of Workers, Applicant, and R. David Moss, and others, Respondents. HAVING heard Mr W. Latter on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned. Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of PLASTER MILL WORKERS. the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers Award No. 6 of 1962. therein enabling me, do hereby order and declare— That the Plastic Manufacturing Award, No. BEFORE THE WESTERN AUSTRALIAN 8 of 1960, as amended, be and the same is INDUSTRIAL COMMISSION. hereby further amended in accordance with the following schedule and that such amend- No. 69 of 1967. ment shall take effect as from the beginning Between the Operative Plasterers and Plaster of the first pay period commencing on or after Workers Federation of Australia, (Industrial the date hereof. Union of Workers) Western Australia Branch, Dated at Perth this 3rd day of February, 1967. Applicant, and Ajax Plaster Co. Ltd., Atlas Plaster Co. W.A., and Paster Mills of Welsh- [L.S.] (Sgd) S. F. SCHNAARS, pool, Respondents. Commissioner. HAVING heard Mr A. C. Lee on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I, the undersigned. Schedule. Chief Industrial Commissioner of The Western Clause 21.—Rates of pay: Delete this clause and Australian Industrial Commission, in pursuance of insert in lieu thereof:— the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers 21.—Rates of Pay. therein enabling me, do hereby order and declare— The minimum rates of wage payable to workers That the Plaster Mill Workers' Award, No. 6 covered by this award shall be as follows:— of 1962, as amended, be and the same is hereby (a) Basic Wage (Per Week): $ further amended in accordance with the fol- lowing schedule and that such amendment shall Adult males 33.50 take effect as from the beginning of the first Adult females 25.13 pay period commencing on or after the date (b) Adult Males (Margin Over Male Basic hereof. Wage Per Week): Plastic Press Operator (as defined) 8.40 Dated at Perth this 10th day of February, 1967. Plastic Press Operator (others) .... 4.20 All others 2.75 (Sgd) S. F. SCHNAARS, (c) Adult Females (margin over female [L.S.] Commissioner. basic wage per week) 2.65 120 [22 March, 1967.

(d) Junior Males (per cent, of male basic Schedule. wage per week): % Clause 10.—Wages: Delete this clause and insert 14 to 15 years of age 25 in lieu thereof:— 15 to 16 years of age 35 16 to 17 years of age 45 10.—Wages. 17 to 18 years of age 55 The minimum rates of wages payable to workers 18 to 19 years of age 70 covered by this award shall be as follows:— 19 to 20 years of age 80 $ 20 to 21 years of age 95 (1) Basic Wage (per week): 33.50 (e) Junior Females (per cent, of female (2) Adults (margin over basic wage per basic wage per week): % week): 15 to 16 years of age 35 Burner 7.50 16 to 17 years of age 45 Setter, Drawer 8.40 17 to 18 years of age 55 Pot machine operator (large) and 18 to 19 years of age 70 Vent machine operator 6.80 19 to 20 years of age 80 All other adult labour 5.80 20 to 21 years of age 95 (3) Junior Workers (per cent, of male Clause 22—Extra Rates and Conditions: Delete basic wage): % this clause and insert in lieu thereof:— 14 to 15 years of age 30 15 to 16 years of age 40 22.—Extra Rates and Conditions. 16 to 17 years of age 50 (a) Leading Hands: 17 to 18 years of age 60 (i) Any male worker placed by the employer 18 to 19 years of age 70 in charge of three or more other workers 19 to 20 years of age 80 shall be paid two dollars and thirty cents 20 to 21 years of age 90 per week in addition to the rates prescribed in the Wages Clause. (ii) Any female worker placed by the employer in charge of three or more other workers PHOTOGRAPHIC EMPLOYEES. shall be paid one dollar and ten cents per Award No. 3 of 1965. week in addition to the rates prescribed BEFORE THE WESTERN AUSTRALIAN in the Wages Clause. INDUSTRIAL COMMISSION. (b) Workers handling carbon black before pro- cessing, and Workers engaged in processing free No. 1 of 1967. carbon black, shall be paid the sum of two dollars Between Federated Miscellaneous Workers' Union and fifty cents per hour in addition to the rate of Australia, West Australian Branch, Union of herein fixed for the class of work performed. Workers, Applicant, and Illustrations Pty Ltd, and others, Respondents. HAVING heard Mr W. Latter on behalf of the applicant and Mr D. Hosking on behalf of the re- spondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers POTTERY WORKERS. contained in section 92 of the Industrial Arbitration (C. R. Courtland Ltd.) Act, 1912-1966, and all other powers therein en- Award No. 31 of 1965. abling me, do hereby order and declare— That the Photographic Industry Award, No. BEFORE THE WESTERN AUSTRALIAN 3 of 1965, be and the same is hereby amended INDUSTRIAL COMMISSION. in accordance with the following schedule and No. 23 Of 1967. that such amendment shall take effect as from the beginning of the first pay period commenc- Between the Federated Brick, Tile and Pottery ing on or after the date hereof. Industrial Union of Australia (Union of Workers) Western Australian Branch, Appli- Dated at Perth this 3rd day of February, 1967. cant, and C. R. Courtland Ltd, Respondent. (Sgd) S. F. SCHNAARS, CL.S.l Commissioner. HAVING heard Mr F. W. French on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondent, and by consent, I, the undersigned, Schedule. Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of Delete Clause 12—Wages, and insert in lieu the powers contained in section 92 of the Industrial thereof:— Arbitration Act, 1912-1966, and all other powers 12.—Wages. therein enabling me, do hereby order and declare— (1) Basic Wage (per week): $ That the Pottery Workers (C. R. Courtland Males 33.50 Ltd) Award No. 31 of 1965, as amended, be Females 25.13 and the same is hereby further amended in (2) Adult Males (margin per week over accordance with the following schedule and male basic wage): that such amendment shall take effect as from (a) Photographers 9.80 the beginning of the first pay period com- (b) All others employed in portrait mencing on or after the date hereof. advertising and commercial studios 6.60 Dated at Perth this 10th day of February, 1967. (c) All others employed in develop- [L.Sl (Sgd) S. F. SCHNAARS, ing printing and finishing estab- Commissioner. lishments 5.60 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 121

$ $ (3) Adult Females (margin per week over (b) (i) Adult Males (margin over male female basic wage): basic wage per week): (a) Photographers .... 7.50 (1) Commercial artists 14.20 (b) All others employed in portrait advertising and commercial (2) Camera, operator 14.20 Studios 5.40 (3) Photo imposer 12.80 (c) All others employed in develop- (4) Half tone etcher 14.20 ing printing and finishing estab- (5) Line etcher 12.80 lishments .... 4.30 (6) Mounter, router and finisher 12.30 (4) Junior Workers (per cent, of male basic wage per week): % (ii) Probationary Artists: Probationary art- Under 18 years of age 35 ists, minimum margin: First six-monthly 16 to 17 years of age ...... 45 period, basic wage; thereafter rising in 17 to 18 years of age .... 55 six-monthly periods in accordance with 18 to 19 years of age 70 assessments as laid down in clause 29. 19 to 20 years of age ...... 80 20 to 21 years of age 95 (5) Junior Workers (per cent, of female basic wage per week): PRINTING. 15 to 16 years of age 35 (Kalgoorlie.) 16 to 17 years of age 45 17 to 18 years of age 55 Award No. 28 of 1950. 18 to 19 years of age .... 70 BEFORE THE WESTERN AUSTRALIAN 19 to 20 years of age .... 80 INDUSTRIAL COMMISSION. 20 to 21 years of age 95 (6) Leading Hands: Any male worker appointed No. 72 of 1967. by his employer as a leading hand and placed in charge of not less than three and not Between Printing and Kindred Industries Union, more than ten other workers shall be paid Western Australian Branch, Industrial Union two dollars thirty cents per week in addition of Workers, Applicant, and Hocking & Com- to the rates prescribed herein. A leading- pany Limited, and others, Respondents. hand placed in charge of more than ten and HAVING heard Mr L. E. Hearle on behalf of the not more than twenty workers shall be paid applicant and Mr G. H. Dunstan on behalf of the four dollars forty-five cents per week in ad- respondents, and by consent, I, the undersigned, dition to the rates prescribed herein. Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial PRINTING. Arbitration Act, 1912-1966, and all other powers (Photo Engraving.) therein enabling me, do hereby order and declare:— Award No. 9 of 1961. That the Kalgoorlie Printing Award, No. 28 BEFORE THE WESTERN AUSTRALIAN of 1950, as amended and consolidated, be and INDUSTRIAL COMMISSION. the same is hereby further amended in accord- No. 73 of 1967. ance with the following schedule and that Between Printing and Kindred Industries Union, such amendment shall take effect as from the Western Australian Branch, Industrial Union beginning of the first pay period commencing of Workers, Applicant, and J. Gibbney & Son on or after the date hereof. Pty Ltd, and others, Respondents. Dated at Perth this 10th day of February, 1967. HAVING heard Mr L. E. Hearle on behalf of the applicant and Mr G. J. Martin on behalf of the [L.S.l (Sgd) S. F. SCHNAARS, respondents, and by consent, I, the undersigned, Commissioner. Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Schedule. Arbitration Act, 1912-1966, and all other powers Delete Clause 7.—Wages, and insert in lieu therein enabling me, do hereby order and declare— thereof:— That the Photo Engraving Award, No. 9 of 1961, as amended, be and the same is hereby 7.—Wages. further amended in accordance with the fol- The minimum weekly rate of wages shall lowing schedule and that such amendment shall be (margins): $ take effect as from the beginning of the first Composing room (newspaper sec- pay period commencing on or after the date tion)— hereof. Linotype operators 23.25 Dated at Perth this 10th day of February, 1967. Floorhands 19.55 (Sgd) S. F. SCHNAARS, Linotype mechanics 18.10 [L.S.] Commissioner. Cleaners of slug casting machines .... 5.00 Operators looking after their own Schedule. machines shall be paid ($1) per week Clause 12—Wages: Delete subclause (a) and extra, providing always that the day (b) and insert in lieu thereof:— shift operator or operators on one (a) Basic Wage (per week): $ day in each week shall attend to his Males .... 33.50 or their machine or machines with- Females 25.13 out such payment. (5)—3351E WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

Girls in Jobbing Room (per cent, of Jobbing machine compositors female basic wage)— % working part-time doing newspaper First six months 374 work on display machines shall be Second six months 424 paid a proportionate rate between Third six months 45 the newspaper operator and jobbing Fourth six months 50 rates, this provision to apply only Fifth six months 60 when employed for more than one Six six months 674 hour per shift on the machine. If Thereafter up to 21 and/or until employed for four hours or more^ the five years' service is completed 90 time operator's rate shall be paid for On attaining 21 years and on com- the full shift. pletion of five years' service .... 100 Readers- plus $3.95 margin Readers Basic Wage: The basic wage upon which the Adult assistant readers rates prescribed in this award are based is Cadet Readers: Cadet readers shall $33.50 per week for males and $25.13 per week serve three years or longer but shall for females. not be classified as adult readers' assistants until reaching twenty-one years of age. The cadet readers' rate of pay PRINTING. shall be (per cent, of basic wage)— (Country.) First year Award No. 12 of 1960. Second year BEFORE THE WESTERN AUSTRALIAN Third year INDUSTRIAL COMMISSION. Fourth year No. 74 of 1967. On attaining 21 years Between Printing and Kindred Industries Union, plus 12i over Basic Western Australian Branch, Industrial Union Cadet readers engaged on night of Workers, Applicant, and Albany Advertiser work shall be paid $1.50 in (1932) Ltd, and others, Respondents. addition to the abovementioned rates. HAVING heard Mr L. E. Hearle on behalf of the applicant and Mr G. J. Martin on behalf of the Stereotypers < margin)— respondents, and by consent, I, the undersigned, Stereotypers Chief Industrial Commissioner of The Western Assistant stereotypers Australian Industrial Commission, in pursuance of The proportion of employees shall the powers contained in section 92 of the Industrial be one assistant stereotype!- to two Arbitration Act, 1912-1966, and all other powers stereotypers. therein enabling me, do hereby order and declare— Rotary machinists (margin)— That the Printing (Country) Award, No. 12 Rotary machinist .... of 1960, as amended, be and the same is hereby Rotary machinist— further amended in accordance with the fol- 1st assistant ... lowing schedule and that such amendment 2nd assistant shall take effect as from the beginning of the Publishers (margin) — first pay period commencing on or after the Publisher date hereof. Assistant Linotype Atttendants (per Dated at Perth this 10th day of February, 1967. cent, of basic wage)— (Sgd) S. F. SCHNAARS, During the first year IL.S.l Commissioner. During the second year During the third year During the fourth year Schedule. Provided that a worker over Clause 8—Wages: Delete subclause (a), (b) and eighteen and under twenty-one (c) and insert in lieu thereof:— years of age shall receive seventy- (a) Basic Wage (per week): $ seven and a half per cent, of basic Males 33.50 wage. Females ...... 25.13 If employed at night an assistant (b) Adult Males (margin over male basic linotype attendant shall be en- wage per week): titled to ($1.50) per week in ad- Machine compositor .... 15.70 dition to the above rates. Proof reader 13.35 After completing five years an Hand compositor 12.30 assistant linotype attendant shall Composing room mechanic 12.30 be classified as a linotype Stereotype!- 12.30 machanic. Letterpress machinist . .. 12.30 Night work—The loading on the or- Machinist working a flat bed mach- dinary rates of pay for night work ine printing from a reel 12.30 shall be $3 per week. Guillotine machine operator .... 12.30 Commercial Jobbing Offices (margin)— Bookbinder .... 12.30 Compositors and letterpress machinists Feeder on any kind of machine .... 4.00 solely employed on commercial job- Male employee not otherwise speci- bing work fied 3.10 Operators solely employed on commer- (c) Adult Females (margin over female cial jobbing work basic wage per week) 4.20 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. ^ 123

RADIO AND TELEVISION WORKERS. contained in section 92 of the Industrial Arbitration Award No. 20 of 1964. Act, 1912-1966, and all other powers therein en- BEFORE THE WESTERN AUSTRALIAN abling me, do hereby order and declare— That the Railway Employees' Award, No. 3 INDUSTRIAL COMMISSION. of 1961, as amended and consolidated, be and No. 75 of 1967. the same Is hereby further amended in accord- Between Electrical Trades Union of Workers of ance with the following schedule and such Australia (Western Australian Branch), Perth, amendment shall take effect as from the begin- Applicant, and A. Michael, and others, Re- ning of the first pay period commencing on or spondents. after the date hereof. HAVING heard Mr R. W. Fletcher on behalf of Dated at Perth this 27th day of January, 1967. the applicant and Mr D. Hosking on behalf of the (Sgd) S. F. SCHNAARS, respondents, and by consent, I, the undersigned, [L.S.l Commissioner. Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Schedule. Arbitration Act, 1912-1966, and all other powers Clause 44—Wages: Delete items Nos. 1 to 128 therein enabling me, do hereby order and declare— inclusive and item 132 and Insert in lieu thereof:— That the Radio and Television Workers' Item Award, No. 20 of 1964, as amended, be and No. the same is hereby further amended in ac- Margin over basic wage per week: $ cordance with the following schedule and that such amendment shall take effect as from the (1) Caretaker— beginning of the first pay period commencing (a) Barracks as follows:— on or after the date hereof. Bridgetown, Brunswick Junction, Bunbury, Caron, Katanning, Dated at Perth this 3rd day of February, 1967. Merredin, Narrogin, Northam, [L.S.l (Sgd.) S F. SCHNAARS, Pinjarra, Wongan Hills, Wyal- Commissioner. katchem, Yellowdine and York 3.75 (b) Others 3.30 (2) Checker— Schedule. Class 1— Clause 29—Wages: Delete subclauses (1), (2) 1st year of service 5.15 and (3) of this clause and insert in lieu thereof Thereafter 6.10 the following:— Class 1A . . 5.15 $ Class 2 .... 4.25 (1) Basic wage (per week) ... 33.50 (3) Conductor— (2) Classifications and margins per week: (a) Senior 5.15 (a) Serviceman . 15.50 (b) Others 4.25 (b) Serviceman who is not usually (4) Crossing Keeper ...... Nil. employed in or about his em- (5) Gate Keeper— ployer's business premises .... 19.00 (a.) Perth and Fremantle Goods ... 3.30 (c) Antenna and TV installer .... 7.80 (b) Others .... Nil. (d) Bench assembler 4.40 (6) Guards— (3) Leading hands: A leading hand placed (a) Fourth Class, First two years* in charge of— service . .... 9.80 (a) not less than three and not more (b) 3rd Class, over two and up to four than ten other workers shall be years' service as Guard .11.00 paid $2.30 per week extra; (c) 2nd Class, over four and up to six (b) more than ten and not more than years' service as Guard 12.30 twenty other workers shall be paid (d) 1st Class, over six years' service as $4.45 per week extra; Guard ...... 13.40 (c) more than twenty other workers Subject to passing all proper exam- shall be paid $6.65 per week extra. inations and tests, if any, guards with less than two years' service after appointment shall be in the fourth class. Guards with two years' service, and RAILWAY EMPLOYEES. less than four years' service after Award No. 3 of 1961. appointment shall be in the third class. Guards with four years' service and BEFORE THE WESTERN AUSTRALIAN less than six years' service after ap- INDUSTRIAL COMMISSION. pointment shall be in the second class. Guards with over six years' service No. 42 of 1967. after appointment shall be in the first Between West Australian Amalgamated Society of class. Railway Employees Union of Workers, Appli- Guards shall be entitled to promot- cant, and Western Australian Government ion from class to class as follows:— Railways Commission, Respondent. To the third class after two years' HAVING heard Mr P. Wilson on behalf of the service in the fourth class; to applicant and Mr J. Lund on behalf of the respond- the second class after two years' ent, and by consent, I, the undersigned, Chief service in the third class; to the Industrial Commissioner of the Western Australian first class after two years' service Industrial Commission, in pursuance of the powers in the second class. 124 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

$ (c) Class 3— (7) Lavatory attendant 3.75 (i) All others including car clean- ers— $ (8) Lister motor driver 4.25 First year of service 2.90 (9) Number Taker— Thereafter 3.75 Perth Goods 4.25 (ii) Porter, Goods, not solely em- After five years' service 5.15 ployed on sheeting shall be paid at class (2) (i) rate for (10) Porter— any period during which he (a) Class 1—Relief and/or Safe Work- may be so engaged. ing (Relief: means one who for (iii) With less than twelve months' one-third of a year has been re- service, if full safe working lieving S.M., A.S.M., N.S.M. or examination is passed. Pro- Signalman and Guards.) 5.80 vided a junior with at least (b) Class 2 .. 4.25 twelve months' experience, (1) Ambulance, Perth; Cloak provided full safe working Room, Perth Station; Deliv- examination is passed shall be ery, Perth Parcels; Excess, paid this rate on reaching the Perth Station; Goods (solely age of twenty-one years ... 3.75 engaged on sheeting outside (d) Porters at stations Fremantle to duties); Linen Room; Lost Bellevue, and Rivervale to Arma- Property Office, Perth; Re- dale, inclusive, when in charge of ceiving, Perth, Fremantle, station during break between shifts Geraldton and Kalgoorlie Par- of station officers, shall be paid the cels; Receiving and Deliver- following allowance calculated to ing Goods at the following the end of each week for time so stations and depots:— employed— Beverley Boyanup (i) Two hours or more continu- Boyup Brook ously each day, excluding Bridgetown Sunday, forty cents per week Bruce Rock plus five cents per hour or Brunswick Junction portion thereof for each hour Claremont in excess of twelve hours per Collie week. Corrigin (ii) Two hours or more continu- Cottesloe ously on any day, excluding Cue Sunday, 3.33 cents per hour or Cunderdin portion thereof for each hour Donnybrook on those days. Provided the Dwellingup worker is not entitled to the East Northam provisions of (i) above. East Perth (iii) The foregoing allowances are Esperance not payable during periods of Goomalling leave or other absence from Harvey duty. Katanning Kellerberrin (e) Porter in charge, cleaning, East Margaret River Perth 4.25 Maylands Manjimup (11) Seamstress 4.60 Meekatharra Merredin (12) Shunter (guard's examination not Midland passed) 5.80 Mt. Barker (a) Shunter, qualified (guard's exam- Mt. Magnet ination passed) 8.05 Mullewa (b) Head Shunter 9.90 Narrogin (Shunter when in charge of an Narembeen engine shall be paid as a head Northampton shunter.) Northam (c) Head Shunter, after twelve Norseman months' service as head shunter 10.60 Pemberton Pinjarra (d) Head shunter, major yards (as Pingelly defined by the employer) 11.25 Quairading (e) Head shunter, Perth Goods and Robbs Jetty Passenger Station 11.75 Rivervale (f) Head shunter, Perth Goods and Southern Cross Passenger Station after twelve Subiaco months' service as such 12.70 Toodyay (g) Pilot Shunter, Perth Goods .... 11.25 Wagin Provided that if an unqualified Waroona shunter (guard's examination not York passed) is engaged on higher dut- (ii) Senior Linen Room 5.00 ies in accordance with clause 16 of 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 125

this award, he shall be paid as fol- $ CIVIL ENGINEERING SECTION. $ lows for the work specified in lieu of the relevant margin shown in (31) Assistant on bridge and jetty mainten- paragraphs (d), (e) and (g) tenance (not including culvert work) 3.00 above:— (32) Bulldozer operator— (d) Head shunter, major yards .... 9.90 (a) Under 40 h.p. 9.15 After twelve months' service as (b) 40 h.p. and over 11.50 such 10.60 (e) Head shunter, Perth Goods and (33) Chainman 4.15 Passenger Station 10.60 Provided that chainmen who are After twelve months' service as required to drive a vehicle and/or such 11.70 effect minor repairs shall be paid (g) Pilot shunter, Perth Goods .... 9.90 twenty cents per day extra. After twelve months' service as (34) Driver of I cubic yard power shovel 11.80 such 10.60 (35) End loader driver 8.40 (13) Signalmen— (a) Fourth Class 3.75 (35a) Excavator (Gradall) operator 11.80 (b) Third Class ...... 5.80 (Man in charge to be paid ten (c) Second Class 7.95 cents extra on days machine actually (d) First Class ...... 9-90 operating.) (e) Special Class (per day of six (36) Flash but rail welding plant— hours) 14,05 (a) Crane attendant 4.15 (A worker engaged cutting in (b) Crane driver, electric 6.70 shall be paid at the rate not less (c) Rail grinder 5.00 than that of a third class signal- (d) Welding machine operator .... 12.60 man for each day so engaged.) (e) Welding machine operator's assist- (14) Stower 4.25 ant 6.40 (15) Ticket collector 3.75 (37) Ganger— (16) Ticket examiner on trains 6.05 (a) Construction 13.10 (17) Ticket issuer on Trains ...... 5.00 (b) Gardening 10.80 (18) Timekeeper, Perth Goods— (c) Platelaying .... 13.10 1st year of service 5.15 (d) Repairing— Thereafter .... 6.10 (i) In charge of 3rd class length 9.20 (ii) In charge of 2nd class length 10.80 (19) Waiting room attendant (Female) .... 3.30 (iii) In charge of 1st class length 13.10 MOTIVE POWER SECTION. (iv) Ganger, Perth Yard and (excluding Tradesmen and Assistants.) special 14.70 (20) Brick arch builder and spark arrester (e) Road approaches, platforms, etc. 10.80 repairer .... 4.90 (37a) Leading hand—road approaches .... 6.10 (21) Car and wagon examiner— (38) Inspector's clerk— 1st year of service 9.90 Class 1—(Merredin and Perth) — Thereafter 11.05 1st year of service 6.10 (22) Car and wagon oiler 4.15 Thereafter 7.55 (23) Car electric light examiner— Class 2—Others 6.10 (a) Employed on examination and (39) Labourer— cleaning of electric light gener- (a) Road approaches, platforms, etc. 2.90 ators and water raising pumps, cut (b) Builders' Labourer 2.90 in and changeover switches and (c) Signal and telecommunications replacement of worn or damaged (Line Gang) 2.90 parts 6.70 (d) Others 1.55 (b) Others— 1st year of service 4.15 (40) Length runner 6.60 Thereafter 5.15 (41) Main layer 6.40 (c) Leading car electric light exam- (42) Repairer—- iner ...... 9.15 (a) First year 3.60 (24) Electric battery hand 6.40 (b) Second year 4.10 (24a) Filter cleaning plant operator 4.15 (c) Third year and thereafter 5.20 (25) Fuelman 4.15 (When employed laying more than (All workers engaged in handling two abutting rails, or renewing a set coal from trucks until loaded into of any rails, or rails in connection engine shall be paid as Fuelmen with a set of points, platelayer's rate while so engaged.) shall be paid.) (26) Labourer in Running Sheds 1.55 (d) Leading 6.90 Man in charge of labourers, East (It shall be the duty of the de- Perth Running Sheds shall be paid partment when classifying the two dollars thirty cents per week lengths of permanent way to indi- extra. cate which lengths require a leading (27) Lead burner 12.95 repairer.) (28) Lead worker assisting electric battery (e) Platelayer 5.80 hand and lead worker 6.40 (f) Platelayer (leading) 8.00 (29) Pumper 3.75 (43) Scale adjuster— (30) Raker out and tuber 4.15 (i) Scale adjuster's assistant 4.15 126 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

(44) Signal and Telecommunications: $ (85) Machinists— S (d) Line and signal assistant— (b) 2nd Class includes:— 1st year of service 4.40 Nut and bolt machinist (Ajax) Thereafter .. 5.25 Driller using locomotive boiler shell (e) Line and signal ganger 12.30 drilling machine. (f) Line and signal maintainer .... 10.60 Lapper and grinder, not using pre- (g) Assistant line and signal main- cision tools. tainer 8.40 Pneumatic tube cutter and tapper. (45) Permanent-way on track machine Stay lathe machinist 8.40 operator— (c) 3rd Class includes:— (Where two operators are pro- Driller (other than 1st Class). vided on a machine and one is Friction saw machinist 6.10 required to take charge, the man Grinder and polisher. in charge shall be paid twenty Nut and bolt machinist (other than cents per day extra when the 2nd Class). machine is operating or travelling Punch and shear machinist. on track.) Screwing machinist. Class 1—Over 3 and up to 10 Slotter and nibber. brake h.p 7.45 Tube end machinist. Class 2—Over 10 and up to 40 (d) Nut and bolt machinist (Ajax)—■ brake h.p 9.70 1st assistant 5.15 Class 3—Over 40 and up to 70 2nd assistant 4.15 brake h.p 11.50 (e) Turner and machinists' assist- Class 4—Over 70 12.80 ants (iron) 4.15 (46) Tentmaker 6.10 (88) Oil and waste plant attendant .... 4.15 (47) Welder's assistant (worn crossings, (89) Orderman—Midland Workshops Mill 5.15 one full time position only) 4.15 (93) Petrol engine driver—Midland Work- (48) Woolery Weed Burner operator .... 11.50 shops 6.40

planer or buzzer on other than Kalgoorlie General; Kalgoorlie $ square work, moulding mach- Loco; Merredin General; Nar- ine less than four heads, uni- rogin Genex'al; Narrogin Loco; versal general joiner (on Northam General; Northam work other than referred to in Loco; Perth Electrical; Perth (a)), disc sander timber Garage; Perth General; Perth bender Road Services. (c) Third class comprising the fol- Class "C" 7.55 lowing machines:— Stores: East Perth Diesel (Car); Mortiser other than hollow Salvage; Tubes and Castings. chisel mortiser, chain mortiser Traffic: Uniform Room. No. 2, chain and chisel mortis- Motive Power: East Perth; Mid- er, borer-four spindle gang land; Katanning; Perth Car borer, four spindle borer, hori- and Wagon Depot. zontal and vertical borer- Civil Engineering: Plant Store. single spindle borer, borer; planer or buzzer on square (ii) Storeman—Class "A" ... . . 6.45 work-surface planer, No. 2i Stores: Counter; Steel; Diesel; (square work) surfacer No. 6 Timber; Receiving. (square work) planing and District Stores: Bunbury; Nor- surfacing machine (square tham. work) climax planer t.square Mechanical: Car Shop; Elec- work), sawyer not included in trical Shop (Materials); second class automatic cut off Machine Shop; Machine Shop saw, car ripping saw No. 4,, (plans); Main Gate. circular saw 14 in., cross cut Signal and Telecommunica- saw 18 in. band saw No. 00- tions: Perth, East Perth column fret saw, band saw, (Storage). sand papering machine, zett Class "B" 5.60 sander thicknesser dimension Stores: Oil Store; Per Way (3); planer, crosscut saw (fire- Stationery. wood) Mechanical: Blacksmith's Shop (Template Store); Boiler (112) Workshops foreman's office assistant.... Shop; Electrical Shop (Gen- (113) (a) Workshops laboratory attendant .. eral); Tool Room (2) Track Equipment; Wagon Shop. (b) Workshops laboratory assistant .... Motive Power: East Perth (3); (114) Attendant, Railway Institute Midland (2). Class "C"— 4.90 GENERAL SECTION. Mechanical: Diesel Shop; Oxy Compound; Pitting Shop; (115) Bus Depot—Perth— Machine Shop (Bond); Mach- (a) Steam cleaner ine Shop (Oiling) Wood Mill. (b) Truck and bus services attendant Motive Power: East Perth (Diesel Night Store). (116) Driver of rail motor car Civil Engineer Carpenters' (117) Driver of rail motor trolley Shop; Garage. (118) Pork lift driver (iii) Assistant Storeman 4.15 (119) Hoarding hand (including carpentry duties) Stores: Car and Wagon; Central (a) Leading receiving Depot; Diesel (2); Electrical; Bolts and Nuts; (120) Labourer Engine material; Store (3); (121) Messenger, Accounts and Audit Branch Hardware; Stationery; Steel; and C.M.E. Office Timber; Verifier (2). (122) Mobile crane driver District Store: Bunbury; Kal- (123) Motor driver, road goorlie; Northam; Perth (2). (126) Roller driver Traffic: Uniform Room. (127) Watchman Mechanical: Car Shop; Pitting (128) Storeman— Shop (2); Wagon Shop. (i) Storeman-in-charge— Class "A"— (132) Leading Hands: Stores: Per Way; Stationery; (i) When in charge of not less than three Timber; Steel. and not more than ten other workers a Class "B"— leading hand shall be paid two dollars Stores: Bolts and nuts; Engine thirty cents per week extra. material; Car and wagon; hardware; Despatch, oil; (ii) When in charge of more than ten and Diesel; Traffic; Electrical. not more than twenty other workers a District Stores; Bunbury Gen- leading hand shall be paid four dollars eral; Bunbury Loco; Bunbury forty-five cents per week extra. Road Services; Collie; East (iii) When in charge of more than twenty Perth Diesel; East Perth Loco; other workers a leading hand shall be Fremantle General; Geraldton paid six dollars sixty-five cents per week General; Geraldton Loco; extra. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

RAILWAY EMPLOYEES. (b) Refreshment Rooms: $ $ (Refreshment Rooms, etc.) (13) Attendant (Female): Award No. 50 of 1951. (a) Head (Perth only) 3.75 BEFORE THE WESTERN AUSTRALIAN (b) Other 2.65 INDUSTRIAL COMMISSION. (14) Barman or Barmaid: No. 78 of 1967. (a) Barman 8.40 Between West Australian Amalgamated Society of (b) Barmaid— Railway Employees Union of Workers, Appli- (i) Metropolitan area .... 16.77 cant, and Western Australian Government (c) Provided that, in respect Railways Commission, Respondent. of any basic wage varia- tions which may occur HAVING heard Mr P. Wilson on behalf of the from time to time, the applicant and Mr J. Lund on behalf of the re- margins prescribed for spondent, and by consent, I, the undersigned, Chief barmaids shall be increas- Industrial Commissioner of The Western Austra- ed or decreased by the lian Industrial Commission, in pursuance of the amount required to enable powers contained in section 92 of the Industrial the total wage prescribed Arbitration Act, 1912-1966, and all other powers for barmaids to increase therein enabling me, do hereby order and declare— or decrease by the same That the Railway Refreshment Services amount that the basic Award, No. 50 of 1951, as amended, be and wage for barmen is in- the same is hereby further amended in accord- creased or decreased as a ance with the following schedule and such result of such variation, amendment shall take effect as from the be- in order that the rates ginning of the first pay period commencing on for barmaids and barmen or after the date hereof. shall remain equal. Dated at Perth this 27th day of January, 1967. (d) Notwithstanding the pro- visions of item No. 14, a [L.S.l (Sgd) S. F. SCHNAARS, worker who has had less Commissioner. than two weeks' experi- ence as a barman or bar- maid shall be entitled to receive only an amount equal to the male basic Schedule. wage. Clause 12—-Wages Schedule: Delete this clause (15) Bookstall attendant: with the exception of item nos. (4), (11), (12), (a) In charge at Perth and (22), (23), (27), (28), and (29), and insert in lieu Kalgoorlie 4.80 3.75 thereof the following:— (b) Other 3.35 2.65 Basic Wage (per week) — (16) Cook (where only one employ- $ ed) 5.15 4.00 Male 33.50 (17) Dining car cleaner and store Female 25.13 assistant (Perth) 3.35 (18) Handyman (Perth) 1.40 Item No. Designation. Margin Per Week Over Basic Wage. (19) Storeman 5.15 Male. Female. (20) Unspecified worker 1.40 (a) Welshpool Depot and Cafe- (21) Waiter or waitress: teria : (a) Head 3.95 3.05 (1) Attendant (female): $ $ (b) Other 2.35 1.95 (a) Head 3.75 (24) Junior waitresses (per cent. (b) Other 2.65 of adult waitress's wage): % (a) 15 years of age 621 (2) Cook: (b) 16 years of age 721 (a) Where two cooks em- (c) 17 years of age 82J ployed— (d) 18 years of age 921 (i) First cook 6.10 4.60 (e) Thereafter to be paid (ii) Second cook 4.10 3.15 adult rate. Margin Per Week (b) Where only one cook em- Over Basic Wage. ployed 5.15 4.00 Male. Female. (3) Kitchenman 1.40 (c) Dining and Buffet Car $ $ (5) Pastrycook 8.40 3.70 Staff: (6) Pastrycook (single handed) .... 10.00 3.70 (25) Cook (Male) 5.15 (7) Pie, etc., packer and store (26) Waiter or Waitress: assistant 1.85 (a) Head 3.95 3.05 (8) Storeman 7.55 (b) Senior waitress (Austra- lind) 2.65 (9) Storeman's assistant 3.30 (c) Other 2.35 (10) Unspecified male worker .... 1.40 (d) Hostess .... 5.25 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

RAILWAY EMPLOYEES. RAILWAY EMPLOYEES. Award No. 3 of 1961. Award No. 3 of 1961. BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. No. 172 of 1966. No. 205 of 1967. Between West Australian Amalgamated Society of Railway Employees' Union of Workers, Appli- Between West Australian Amalgamated Society of cant, and the Western Australian Govern- Railway Employees Union of Workers, Appli- cant, and the Western Australian Government ment Railways Commission, Respondent. Railways Commission, Respondent. Before Mr Commissioner D. E. Cort. HAVING heard Mr P. A. Wilson on behalf of the The 7th day of March, 1967. applicant and Mr J. Lund on behalf of the re- spondent, and by consent, I, the undersigned, Chief Mr S. Harbord on behalf of the applicant. Industrial Commissioner of The Western Australian Mr J. Lund on behalf of the respondent. Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitra- Judgment. tion Act, 1912-1966, and all other powers therein THE COMMISSIONER: This is an application by enabling me, do hereby order and declare— the West Australian Amalgamated Society of That the Railway Employees Consolidated Railway Employees' Union of Workers to amend 1964 Award, No. 3 of 1961, as amended and the provisions of the Railway Employees' consolidated, be and the same is hereby fur- Award, No. 3 of 1961, in relation to the ther amended and consolidated in accordance wage rates prescribed therein for signal- with the following schedule and that such men, fork lift drivers and mobile crane drivers. amendment shall take effect as from the be- The parties have reached agreement in respect of ginning of the first pay period commencing fork lift drivers and mobile crane drivers but the on or after the date hereof. Commission is required to deal with that part of the application relating to signalmen. Dated at Perth this 10th day of February, 1967. The union claims substantial increases in the margins for special class and first class signal, men, namely, fourteen dollars and twenty-one [L.S.] (Sgd.) S F. SCHNAARS, cents and eleven dollars and sixty-three cents Commissioner. respectively, so that those margins would then be the same as margins provided for certain officers under the Railway Officers' Award, and increases of three dollars and sixty-five cents and two dol- lars and eighty cents respectively for second and third class signalmen. A claim for the deletion of the classification of fourth class signalman was agreed to but otherwise the employer objected Schedule. to any alteration to the existing award. Clause 44—Wages: General Section—Delete (a) In opening, Mr Harbord drew attention to previ- and (b) of Item 125 and insert in lieu thereof:— ous decisions of the industrial authority in this State in which a specific reference had been made Item to signalmen and submitted that as the work per- No. formed had not been inspected by that authority Margin over basic wage per week: since 1928, the Commission should now do so and (125) Road service operators— $ fix the margins claimed without regard to any past relativity which may have existed. The Commis- (a) (i) Motor bus driver of vehicle sion's attention was drawn to the margins pre- not articulated (if collecting scribed for guards but Mr Harbord submitted that fares in vehicle with seating there should be no marginal relationship between accommodation for more than those workers and signalmen. In this respect, in ten passengers) shall be paid 1949 (28 W.A.I.G. 426 at p. 428), the Conciliation fifty cents per day extra 13.10 Commissioner in fixing margins for signalmen said, inter alia—■ (ii) A driver of a loaded motor bus hauling a loaded trailer It was admitted by Mr Keating that it was also to be paid forty cents not possible to compare the classifications in per day extra. the Eastern States with the local designations. Provided that these allow- Mr Clunas, however, who had inspected the ances shall not be taken work in the East, stated that class 4 or per- into consideration in assessing haps class 3 in New South Wales would be overtime or other penalty comparable with the special class in W.A. rates prescribed in this Class 4, New South Wales, is 47s. and class 3, award. 55s. The margin is now prescribed of 51s. 6d. for the special class in this State, and this (b) Motor bus conductor— margin maintains the same difference over First twelve months 4.90 the top grade guard as previously prescribed Thereafter 7.60 by the Court . . . 130 [22 March, 1967.

Mr Harbord also pointed out that a signalman this State; that the union, having specifically re- special class was required to work his ordinary jected any "relativity" with guards should not hours in six shifts without the payment of the be granted an increase in margins based on any "sixth shift penalty" applicable to other workers such relativity and that special class signalmen including first class signalmen, and he submitted should not be awarded a higher wage merely be- that therefore, and in any event, the total wages cause those hours are worked over six days of the of these signalmen should be increased. week. In evidence a special class signalman with some years' experience as a signalman dealt in some Mr V. W. D. Hunt, an Assistant Safe Working detail with the work within his present classifica- Inspector, in evidence on behalf of the employer, tion and he stated that the evidence was directed distinguished the work of signalmen and traffic specifically to that classiflcation. The Commission controllers and he maintained that, generally, the is not clear to what extent, if at all, this evidence duties and responsibilities of signalmen had not could be regarded as dealing with the basic fea- altered in such a way to require an increase in tures of the work of other signalmen but, in view margins. Under cross-examination the witness of what was said, that evidence will have to be expressed the view that a signalman, special class, regarded as being ix-relevant in considering the by reason of his duties and responsibilities, was claim made on behalf of other signalmen. No entitled to a margin in excess of any prescribed other evidence was called and therefore there is for a guard but added that little or no comparison nothing before the Commission upon which a deci- could be made between the duties of a guard and sion on the claim for those signalmen could be a signalman. Finally, he was of the opinion that based. In this respect inspections cannot be re- a better comparison could be made with the train garded as a substitute for evidence for "the controller than with the guard but only insofar proper function of an inspection of work in an as signalling duties were concerned. industry is to enable the tribunal to understand Before continuing, it seems desirable to refer to the questions raised, to follow the evidence, and the hours worked by a special class signalman. to apply the evidence". (See 1964 A.R. 1 at p. 5.) That signalman works a six-hour shift on each The witness stressed the responsibilities of of the six ordinary days in the week and does not special class signalmen whose value and responsi- receive an additional rate for being called upon bility was said to have increased by reason of the to so work. His hours were so fixed in 1928 "in greater mileages covered by suburban passenger consequence of the nature of their work requiring trains. However, those mileages have changed constant and unremitting strain and attention little since 1956 at or about which time assistance and hard physical exertion" (8 W.A.I.G. 213 at was given to the signalmen in the particular sig- p. 217) when other workers were required to work nal boxes and when the Conciliation Commissioner, a forty-four hour week over either five or six after hearing argument and evidence relating to days. Since then the five-day week has become the duties and responsibilities of signalmen, said— fairly universal and other railway workers, includ- The only adjustments made here is to the ing signalmen first class, receive additional pay 4th class signalmen, who have been brought when called upon to work six ordinary shifts in on to £1, again having regard to the rate pre- any week. It follows, therefore, that the award scribed for porters. The other rates as ex- provisions reflecting the value of the work of a pressed are reasonable compared with the rates special class signalman are not as advantageous, elsewhere and having regard to the relation- relatively speaking, to that signalman as was pre- ship of such classification with guards viously the case and because of this the margin in this State over a number of years. (36 needs to be increased. W.A.I.G. 487 at p. 500.) I turn now to the claim that the wages pre- Finally the witness expressed the view that his scribed for certain railway officers should be work was similar to that of a train controller, awarded to signalmen, special class and first class. whose margin had been claimed but, under cross This involves the application of the principle of examination, it became clear that in reality he comparative wage justice and to succeed it must knew little of the overall work of train controllers be shown that the duties and responsibilities of and otherwise he was forced to at least modify the the signalmen concerned are the same as, or so evidence upon which the claim was based. similar to, the particular railway officers that it would be unjust to prescribe a different margin. The Commission inspected signal boxes at Fre- The onus of so satisfying the Commission rests mantle (second class); North Fremantle and Mid- on the union, which sought to draw the compari- land (first class); and Perth and East Perth son, but clearly the evidence, where available, (special class), and viewed the work of traffic and inspections, failed to indicate that sameness controllers. of duties. Whilst controllers are called upon to In opposing the application Mr Lund contended alter signals and change points, as are special class that the union had not shown that the work of signalmen, they are also required to perform other signalmen was the same as that of officers whose duties and it is the whole of the work, with the rate of salary had been claimed; that the rates responsibilities involved, which must be consid- for signalmen were sufficient in that each had ered. Additionally the Commission was given no been fixed by the Court (or the Conciliation Com- information on the hours worked by controllers missioner) in 1939, 1949 and in 1956, after hear- nor of their other conditions of employment which, ing argument and evidence, and adjusted since in view of the special hours prescribed for special then on wage formulae; that overall the duties class signalmen, would need to be taken into ac- and responsibilities of signalmen had not changed count in any comparison of wage rates. In rela- for many years and certainly not since 1956; that tion to first class signalmen, no attempt was made since at least 1956 a perusal of the Eastern States to compare their work with that of the railway awards did not reveal a greater increase in the officers whose margin was claimed and as stated margins for signalmen than the one obtained in no evidence was called. Finally there was nothing 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. to indicate that the present differential of approxi- BEFORE THE WESTERN AUSTRALIAN mately two dollars between the margins of first INDUSTRIAL COMMISSION. and second class signalmen should be increased to one of ten dollars. No. 172 of 1966. The case advanced on behalf of the union rested Between West Australian Amalgamated Society of basically on the comparison sought to be drawn Railway Employees' Union of Workers, Appli- and, having failed in that respect, and having cant, and the Western Australian Govern- regard to the substantial merits of the respective ment Railways Commission, Respondent. cases, the application must be dismissed except HAVING heard Mr S. J. Harbord on behalf of the to the extent previously mentioned. applicant and Mr J. Lund on behalf of the re- spondent, I, the undersigned, Commissioner of The Having so decided, the following features of this Western Australian Industrial Commission, in pur- matter should be noted:— suance of an allocation to me by the Chief Indus- trial Commissioner and in pursuance of the powers (1) No evidence was called to support in- contained in section 92 of the Industrial Arbitra- creases for certain signalmen nor reasons ad- tion Act, 1912-1966, and all other powers therein vanced for those increases. enabling me, do hereby order and declare— (2) The evidence called outlined the duties That the Railway Employees' Award, No. 3 and recognised responsibilities of special class of 1961, as amended and consolidated, be and signalmen but did not support the claim put the same is hereby further amended in ac- forward based on the principle of comparative cordance with the following schedule and that wage justice. such amendment shall take effect as from and including the 12th day of March, 1967. (3) Otherwise, in relation to the value of a signalman's duties and responsibilities— Dated at Perth this 8th day of March, 1967. (a) the margins for the classification of [L.S.] (Sgd) D. CORT, signalman in the other States range, Commissioner. for example, from seven dollars and ninety-five cents to eighteen dollars Schedule. and thirty cents in Victoria and from six dollars and eighty-five cents to 1. Delete from subclause (7) Signal Cabins of seventeen dollars and ten cents in Clause 31—Special Rates and Provisions, the fol- South Australia, but not necessarily lowing words:— for the same work as that performed Moore Street, Perth—Fourth Class. in this State; 2. Delete from Clause 44—Wages, Items No. (d) In those other States, as in this State, 13, 118 and 122 and insert in lieu thereof the fol- a guard may receive a higher margin lowing:— than a signalman; Item (c) guards in the other States, as well as No. in this State, have received an in- Margin over basic wage. $ crease in marginal rates for specific (13) Signalmen: reasons and comparatively recently (a) Third class 5.80 but the rates for signalmen have re- (b) Second class 7.95 mained unchanged except for econo- mic formulae; (c) First class 9.90 (d) Special class (per day of six (d) marginal rates and conditions of em- hours) 15.50 ployment for this industry have been (A worker engaged cutting in shall influenced by Federal awards and that be paid at the rate not less than that principle, having been sought by the of a third class signalman for each union and accepted by the Commis- day so engaged.) sion, cannot be set aside lightly. Whilst it is said there is no compari- (118) Fork lift driver 8.45 son available with other States, the 1949 and 1956 decisions referred to in (122) Driver of mobile crane: this judgment do not entirely support (a) Five ton capacity and under .... 8.70 that statement and it seems more (b) Over five ton but not more than than coincidental that the first and ten ton capacity 9.60 second class signalmen in this State (c) Over ten ton but not more than receive the same margin, for example, twenty ton capacity 10.80 as other classes of signalment in Vic- toria and New South Wales; and (d) Over twenty ton capacity ... 11.85 All appointed mobile crane drivers (e) clause 31 of the award provides that to be classified under (a) hereof and, signal boxes shall be graded accord- when driving mobile cranes of a ing to the work performed and it is higher carrying capacity than those that grading which fixes the signal- applicable to that classification, to man's classification. be treated as working in a higher- capacity and paid accordingly. Decision accordingly. WESTERN AUSTRARIAN INDUSTRIAL GAZETTE. [22 March, 1967.

RESTAURANTS AND TEAROOMS. RESTAURANTS AND TEAROOMS. (Metropolitan.) (South-West Land Division.) Award No. 7 of 1961. Award No 28 of 1959. BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. No. 9 of 1967. No. 10 of 1967. Between the Hotel, Club, Caterers, Tearoom and Between the Hotel, Club, Caterers, Tearoom and Restaurant Employees' Industrial Union of Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Boans Limited, Workers, Perth, Applicant, and Bunbury Cafe and others, Respondents. Co., and others, Respondents. HAVING heard Mr W. Latter on behalf of the HAVING heard Mr W. Latter on behalf of the applicant and Mr G. J. Martin on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— therein enabling me, do hereby order and declare— That the Restaurant Tearoom and Catering That the Restaurant Tearoom and Catering Workers (Metropolitan) Award, No. 7 of 1961, Workers (South-West Land Division) Award, as amended, be and the same is hereby further No. 28 of 1959, as amended, be and the same amended in accordance with the following is hereby further amended in accordance with schedule and that such amendment shall take the following schedule and that such amend- effect as from the beginning of the first pay ment shall take effect as from the beginning period commencing on or after the date hereof. of the first pay period commencing on or after Dated at Perth this 3rd day of February, 1967. the date hereof. [L.S.j (Sgd.) S. F. SCHNAARS, Dated at Perth this 3rd day of February, 1967. Commissioner. [L.S.] (Sgd.) S. F. SCHNAARS, Commissioner. Schedule. Clause 15—Wages: Delete subclauses (a), (b) (c) (a) of this clause and insert in lieu thereof:— Schedule. (a) Basic wage (per week): $ Clause 15—Wages: Delete subclauses (1) and Males 33.50 (2) of this clause and insert in lieu thereof:— Females 25.13 (1) Basic wage (per week): $ (b) Classification and margin per Males 33.50 week over basic wage: Females 25.13 Male. Female. (2) Classification and margin per week over basic wage: Cooks — In establishments $ $ Male. Female. where three cooks are em- Cooks — In establishments $ $ ployed— where three cooks are em- First cook 9.60 9.60 ployed— Second cook ...... 6.70 6.70 First cook 9.60 9.60 Third cook 6.10 6.10 Second cook 6.70 6.70 Other cooks 6.10 6.10 Third cook 6.10 6.10 Where two cooks are em- Other cooks 6.10 6.10 ployed— Where two cooks are em- First cook 7.75 7.75 ployed— Second cook 6.40 6.40 First cook 7.75 7.75 Where only one cook is em- Second cook 6.40 6.40 ployed 7.45 7.45 Where only one cook is em- Waiter and/or stewax-d .... 3.75 — ployed 7.45 7.45 Dining room cleaner 3.75 — Waiter and/or steward .... 3.75 — Kitchenman, pantryman, scul- Dining room cleaner 3.75 — leryman, yardman, handy- Kitchenman, pantryman, scul- man, general hand, and leryman, yardman, handy- unspecified workers .... 3.00 — man, general hand, and Kitchen charge-hands in tea- unspecified workers .... 3.00 — rooms — 3.90 Kitchen charge-hands in tea- Counterhand — 3.65 rooms — 3.90 Waitress — 3.65 Counterhand — 3.65 Waitress — 3.65 Kitchenmaid, pantrymaid, Kitchenmaid, pantrymaid, scullerymaid, cleaner, gen- scullerymaid, cleaner, gen- eral hand and unspecified eral hand and unspecified workers — 3.30 workers — 3.30 (c) (a) Barman 8.40 — Barman 8.40 — Barmaid — 16.77 Barmaid — 16.77 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 133

ROPE AND TWINE WORKERS. (4) Junior workers (male) (percent, of Award No. 11 of 1963. male basic wage per week): % BEFORE THE WESTERN AUSTRALIAN 14 to 15 years of age 30 INDUSTRIAL COMMISSION. 15 to 16 years of age 40 No. 444 of 1966. 16 to 17 years of age ...... 50 17 to 18 years of age 60 Between Federated Miscellaneous Workers' Union 18 to 19 years of age 70 of Australia, West Australian Branch, Union 19 to 20 years of age 80 of Workers, Applicant, and West Australian 20 to 21 years of age 95 Rope and Twine Company Pty Ltd, Respon- dent. (5) Junior workers (female) (percent, of HAVING heard Mr W. Latter on behalf of the ap- female basic wage per week): % plicant and Mr G. J. Martin on behalf of the 15 to 16 years of age 35 respondent, and by consent, I, the undersigned, 16 to 17 years of age 45 Chief Industrial Commissioner of The Western 17 to 18 years of age 55 Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial 18 to 19 years of age 70 Arbitration Act, 1912-1966, and all other powers 19 to 20 years of age 80 therein enabling me, do hereby order and declare— 20 to 21 years of age ...... 95 That the Rope and Twine Workers' Award, No. 11 of 1963, as amended, be and the same 2. Clause 21—Leading Hands: Delete this clause is hereby further amended in accordance with and insert in lieu the following:— the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the 21.—Leading Hands. date hereof. Any worker placed by the employer in charge of Dated at Perth this 27th day of January, 1967. three or more other workers shall be paid two dollars thirty cents per week in addition to the [L.S.] (Sgd) S. F. SCHNAARS. rates prescribed in clause 20. Commissioner.

Schedule. 1. Clause 20—Wages: Delete this clause and SCHOOL EMPLOYEES. insert in lieu thereof the following:— (University Colleges, Country High Schools and Swanleigh.) 20.—Wages. Award No. 34 of 1965. BEFORE THE WESTERN AUSTRALIAN The minimum rates of wages payable to workers INDUSTRIAL COMMISSION. covered by this award shall be as follows:— (1) Basic wage (per week): $ No. 445 of 1966. Adult males 33.50 Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union Adult females 25.13 of Workers, Applicant, and St Thomas More (2) Adult males (margin over male basic College, and others, Respondents. wage per week ): HAVING heard Mr W. Latter on behalf of the Rope layer on heavy type strand applicant and Mr D. Hosking on behalf of the machine 7.40 respondents, and by consent, I, the undersigned, Rope splicer on driving ropes and Chief Industrial Commissioner of The Western springs 5.60 Australian Industrial Commission, in pursuance of Rope layer (other) in walk with the powers contained in section 92 of the Indus- traveller 5.20 trial Arbitration Act, 1912-1966, and all other Combination spinning and spooling powers therein enabling me, do hereby order and machine operator 4.65 declare— Rope house machinist 4.65 That the Schools, Hostels and University Feeder on first spreader 4.30 Colleges Award, No. 34 of 1965, be and the same is hereby amended in accordance with the Oiler and/or belt repairer 4.30 following schedule and that such amendment Workers lumping, loading and un- shall take effect as from the beginning of the loading hemp 3.80 first pay period commencing on or after the All other machine operators or date hereof. workers feeding or taking from machine 3.80 All others 2.60 Dated at Perth this 3rd day of February, 1967. (3) Adult females (margin over female (Sgd) S. F, SCHNAARS, basic wage per week) 2.80 [L.S.] Commissioner. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

Schedule. SCHOOL EMPLOYEES. Clause 29—Wages: Delete this clause and insert (Independent Day and Boarding.) in lieu thereof:— Award No. 33 of 1959. 29.—Wages. BEFORE THE WESTERN AUSTRALIAN The minimum rates of wages payable to workers INDUSTRIAL COMMISSION. covered by this award shall be as follows:— No. 446 of 1966. (1) Basic Wage (per week): $ Between Federated Miscellaneous Workers' Union Adult males 33.50 of Australia, West Australian Branch, Union Adult females ... 25.13 of Workers, Applicant, and Guildford Grammar Male. Female. School, and others, Respondents. $ $ HAVING heard Mr W. Latter on behalf of the ap- (2) Classifications and margin plicant and Mr G. J. Martin on behalf of the over male or female basic respondents, I, the undersigned, Chief Industrial wage per week: Commissioner of The Western Australian Industrial (a) In establishments Commission, in pursuance of the powers contained where three or more in section 92 of the Industrial Arbitration Act, cooks are employed— 1912-1966, and all other powers therein enabling 1st cook . 9.30 9.80 me, do hereby order and declare— 2nd cook 6.60 6.60 That the Independent Day and Boarding Other cooks 5.10 5.10 Schools Award, No. 33 of 1959, as amended, be Where two cooks are and the same is hereby further amended in employed— accordance with the following schedule and 1st cook 8.30 8.30 that such amendment shall take effect as from Other cook . .. 5.80 5.80 the beginning of the first pay period commenc- Where only one cook is ing on or after the date hereof. employed 6.,60 6.60 Dated at Perth this 3rd day of February, 1967. (b) Kitchenman, pantry- man, houseman yard- (Sgd) S. F. SCHNAARS, man and dining room [L.S.] Commissioner. attendant . . 3.00 — (c) Kitchenmaid, pantry- maid, dining room at- Schedule. tendant and housemaid — 2.40 Clause 29—Wages: Delete this clause and insert (d) Laundress and seams- In lieu thereof:— tress — 2.80 29.—Wages. (e) Gardener , 3.70 — The minimum rates of wages payable to workers (3) Junior Workers: covered by this award shall be as follows:— (a) Males (per cent, of male basic (a) Basic Wage (per week): $ wage per week): % Adult males 33.50 Under 17 years of age 50 Adult females ... . 25.13 17 to 18 years of age 60 Males. Females. 18 to 19 years of age 70 (b) Classifications (adults—mar- 19 to 20 years of age ... 80 gin over male or female basic 20 to 21 years of age 95 wage per week): $ $ The proportion of male juniors (i) Cooks— shall be— In establishments where (1) Gardeners: One junior to three or more cooks every two or fraction of two are employed— adult workers. 1st cook 9.80 9.80 (ii) Others: One junior to every 2nd cook ...... 6.60 6.60 four or fraction of four 3rd cook 5.10 5.10 adult workers. Where two cooks are (b) Females (per cent, of female basic employed—• wage per week): 1st cook 8.30 8.30 Under 17 years of age 55 Other cook 5.80 5.80 Under 18 years of age 65 Where only one cook is Under 19 years of age 75 employed 6.60 6.60 At 19 years of age—Full adult (ii) Kitchenman, pantryman, rate. houseman, yardman and dining room attendant ... 3.00 — The proportion of female (ill) Kitchenmaid, pantrymaid, juniors shall be one junior to dining room attendant, every three or fraction of three housemaid — 2.40 female workers in receipt of the (iv) Laundress and seamstress —■ 2.80 full adult rate. (v) Groundsman 3.70 — (4) A female leading hand, appointed as such (c) Junior Workers— by the employer shall be paid one dollar (i) Males (per cent, of male basic and ten cents per week in addition to the wage per week): % rates prescribed herein. Under 17 years of age 50 (5) A male leading hand placed in charge of not 17 to 18 years of age 60 less than three and not more than ten other 18 to 19 years of age 70 workers shall be paid two dollars and thirty 19 to 20 years of age 80 cents per week extra. 20 to 21 years of age 95 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE

The proportion of male Juniors shall (b) Adult Males (margin over male basic be— wage per week): $ (i) Groundsman: One junior to (i) Manufacture and/or repair of every two or fraction of two machine belting, gaskets and adult workers. pump washers or similar articles 6.70 Ui) Others: One junior to every (ii) (a) Saddlery and Harness Sec- four or fraction of four adult tion—Manufacture and/or re- workers. pair of saddles, harness, (ii) Females (per cent, of female basic harness saddles, bridle work wage per week): % and strappings, collars for Under 17 years of age 55 horses or similar collars, whips Under 18 years of age 65 and whipthongs 9.15 Under 19 years of age 75 At 19 years of age Full adult rate. (b) Leathergoods Section— The proportion of female juniors shall All workers engaged in the be one junior to every three or fraction manufacture of leather goods 8.75 of three female workers in receipt of the (c) Fibre Goods Etc., Section— full adult rate. Manufacture and/or repair of (e) Senior female workers, appointed as such by portmanteaux, bags and the employer shall be paid one dollar and trunks, suit and attache cases, ten cents per week in addition to the rates travel goods, musical instru- prescribed herein. ment and similar cases, covered wireless or radio (f) A male leading hand placed in charge of not cases, slither cans, welders less than three and not more than ten other and similar industrial masks workers shall be paid two dollars thirty cents and other articles as are made per week extra. of fibre 7.70 (d) Sporting Goods Section— Manufacture and/or repair of sporting goods of all descrip- tion 8.40 SADDLERS AND LEATHER WORKERS. Award No. 7 of 1962. (o Adult Females (margin over basic female wage per week): BEFORE THE WESTERN AUSTRALIAN Journeywomen .... 3.15 INDUSTRIAL COMMISSION. (d) Junior Workers (Male): (percent, of No. 196A of 1965. male basic wage per week): % Between Federated Miscellaneous Workers' Union 14 to 15 years of age 25 of Australia, West Australian Branch, Union 15 to 16 years of age 35 of Workers, Applicant and Hugo Fischer Pty 16 to 17 years of age 45 Ltd, and others, Respondents. 17 to 18 years of age 55 HAVING heard Mr W. Latter on behalf of the 18 to 19 years of age 70 applicant and Mr D. Hosking on behalf of the 19 to 20 years of age 80 respondents, and by consent, I, the undersigned, 20 to 21 years of age 95 Chief Industrial Commissioner of The Western (e) Junior Workers (Female): (percent, Australian Industrial Commission, in pursuance of female basic wage per week): of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other 15 to 16 years of age 35 powers therein enabling me, do hereby order and 16 to 17 years of age 45 declare— 17 to 18 years of age 55 That the Saddlers and Leatherworkers' 18 to 19 years of age 70 Award, No. 7 of 1962, as amended, be and the same is hereby further amended in accordance 19 to 20 years of age 80 with the following schedule and that such 20 to 21 years of age 95 amendment shall take effect as from the beginning of the first pay period commencing (f) Apprentices (Male): (percent, of male on or after the date hereof. basic wage per week): 1st year 35 Dated at Perth this 3rd day of February, 1967. 2nd year 50 [L.S.J (Sgd.) S. F. SCHNAARS, 3rd year 68 Commissioner. 4th year 90 5th year 100 + $3.82 Schedule 2. Clause 23.—Leading Hands: Delete this 1. Clause 9.—Wages: Delete this clause and clause and insert in lieu thereof:— insert in lieu thereof:— 9.—Wages. 23.—Leading Hands. Any male worker placed by the employer in (a) Basic Wage (per week): $ charge of three or more other workers shall be Males 33.50 paid two dollars thirty cents per week in addition Females 25.13 to the rates prescribed in the Wages Clause. 136 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

SIGNALMEN, MASTERS AND LAUNCH DRIVERS. Western Australian Industrial Commission, in (Fremantle Port Authority.) pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and Award No. 7 of 1953. all other powers therein enabling me, do hereby BEFORE THE WESTERN AUSTRALIAN order and declare— INDUSTRIAL COMMISSION. That the Ship Painters and Dockers' Award, No. 90 of 1967. No. 29 of 1960, as amended, be and the same is hereby further amended in accordance with Between Merchant Service Guild of Australia, the following schedule and that such amend- Western Australian Section, Union of Workers, ment shall take effect as from the beginning Applicant, and Fremantle Port Authority, Re- of the first pay period commencing on or after spondent. the date hereof. HAVING heard Mr B. Foley on behalf of the Dated at Perth this 10th day of February, 1967. applicant and Mr J. Collins on behalf of the [L.S.I (Sgd) S. F. SCHNAARS, respondent, and by consent, I, the undersigned, Commissioner. Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Schedule. Arbitration Act, 1912-1966, and all other powers Clause 9—Rates of Pay: Delete subclauses (a) therein enabling me, do hereby order and declare— and (b) of this clause and insert in lieu thereof, That the Fremantle Harbour Trust (Signal- the following:— $ men, Masters, Engineers and Launch Drivers) (a) Basic Wage (per week) 33.50 Award, No. 7 of 1953, as amended, be and (b) Margins (per week): the same is hereby further amended in ac- (i) Riggers 13.80 cordance with the following schedule and that (ii) General hands .... 9.10 such amendment shall take effect as from the (iii) Leading hands in charge of 10 beginning of the first pay period commencing men or less—an additional mar- on or after the date hereof. gin of 5.10 (iv) Leading hands in charge of more Dated at Perth this 10th day of February, 1967. than 10 men an additional margin (Sgd) S. F. SCHNAARS, of 5.60 1L.S.1 Commissioner. (v) Sub-foreman (previously known as ganger)—South Slipway .... 17.40 Schedule. Clause 10—Rates of Pay: Delete this clause and insert in lieu thereof:— SHIP PAINTERS AND DOCKERS. (Mooring Staff.) 10.—Rates of Pay. $ Award No. 31 of 1959. (a) Basic Wage (per week) 33.50 BEFORE THE WESTERN AUSTRALIAN (b) Margins (per week): INDUSTRIAL COMMISSION. Masters and Signalmen 16.15 No. 109 of 1967. Engineers 19.25 Between Federated Ship Painters and Dockers' (c) To the wage prescribed in (a) and (b) Union of Australia (West Australian Branch) hereof shall be added five per cent, as com- Union of Workers, Applicant, and Fremantle pensation for shift work. Port Authority, Respondent. (d) Wages shall be payable weekly. HAVING heard Mr P. L. Troy on behalf of the Clause 20—Rates of Pay: Delete this clause and applicant and Mr J. Collins on behalf of the re- insert in lieu thereof:— spondent, and by consent, I, the undersigned, Chief 20.—Rates of Pay. Industrial Commissioner of The Western Austra- $ lian Industrial Commission, in pursuance of the (a) Basic Wage (per week) 33.50 powers contained in section 92 of the Industrial (b) Margin (per week) 12.95 Arbitration Act, 1912-1966, and all other powers (c) Wages shall be payable weekly. therein enabling me, do hereby order and declare— That the Mooring Staff Award, No. 31 of SHIP PAINTERS AND DOCKERS. 1959, as amended, be and the same is hereby Award No. 29 of 1960. further amended in accordance with the fol- BEFORE THE WESTERN AUSTRALIAN lowing schedule and that such amendment INDUSTRIAL COMMISSION. shall take effect as from the beginning of the first pay period commencing on or after the No. 108 of 1967. date hereof. Between Federated Ship Painters and Dockers' Union of Australia (West Australian Branch) Dated at Perth this 10th day of February, 1967. Union of Workers, Applicant, and Adelaide (Sgd) S, F. SCHNAARS, Steamship Company Limited and others, [L.S.I Commissioner. Minister for Works, State Shipping Service and Fremantle Port authority, Respondents. Schedule. HAVING heard Mr P. L. Troy on behalf of the Clause 7—Rates of Pay: Delete this clause and applicant, Mr G. D. Johnson on behalf of the State insert in lieu thereof the following:— Shipping Service and the Minister for Works, Mr J. Collins on behalf of the Fremantle Port 7.—Rates of Pay. $ Authority and Mr H. J. De Burgh on behalf of the (a) Basic Wage (per week) 33.50 Adelaide Steamship Company Limited and other (b) Margins (per week): private employers, and by consent, I, the under- (i) Leading hand 18.80 signed, Chief Industrial Commissioner of The (ii) Ordinary hand 13.80 22 March, 1987.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 137

SOAP AND ALLIED PRODUCTS EMPLOYEES. 2. Clause 27—Leading Hands: Delete this Award No. 25 of 1960. clause and insert in lieu thereof the following:— BEFORE THE WESTERN AUSTRALIAN 27.—Leading Hands. INDUSTRIAL COMMISSION. Any worker placed by the employer in charge of No. 193A of 1965. three or more other workers shall be paid the fol- lowing rates in addition to their ordinary rates of Between Federated Miscellaneous Workers' Union wages:— of Australia, West Australian Branch, Union $ of Workers, Applicant, and Westralian Soaps Adult males .... 2.30 Pty Ltd, and others, Respondents. Adult females 1.20 HAVING heard Mr W. Latter on behalf of the applicant and Mr. G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of SOFT FURNISHINGS. the powers contained in section 92 of the Industrial Award No. 13 of 1963. Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— BEFORE THE WESTERN AUSTRALIAN That the Soap and Allied Products Manufac- INDUSTRIAL COMMISSION. turing Award, No. 25 of 1960, as amended, be and the same is hereby further amended in No. 16 of 1967. accordance with the following schedule and Between the United Furniture Trades Industrial such amendment shall take effect as from the Union of Workers, W.A., Applicant, and Boans beginning of the first pay period commencing Limited, Bairds Limited and others, Respon- on or after the date hereof. Dated at Perth this 27th day of January, 1967. HAVING heard Mr H. Cox on behalf of the appli- cant and Mr D. Hosking on behalf of the respon- (Sgd) S. F. SCHNAARS, dents, and by consent, I, the undersigned, Chief [L.S.] Commissioner. Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitra- tion Act, 1912-1966, and all other powers therein Schedule. enabling me, do hereby order and declare— 1. Clause 26—Wages: Delete this clause and That the Soft Furnishings Award, No, 13 insert in lieu thereof the following:— of 1963, be and the same is hereby amended in accordance with the following schedule and 26.—Wages. that such amendment shall take effect as from the beginning of the first pay period com- (a) Wages shall be paid at least weekly. mencing on or after the date hereof. (b) Basic Wage—Whole of State (per week): $ Dated at Perth this 3rd day of February, 1967. Males 33.50 Females 25.13 (Sgd) S. F. SCHNAARS, (c) Adult Males (margin per week) : CL.S.l Commissioner. Glycerine Hand 6.20 Making soap powders, liquid deter- gents, polishes and stains 6.20 Schedule. Mixing and blending polishes and stains 5.30 1. Clause 7—Wages: Delete subclauses (1), (2) Soap Crutcher 4.50 and (3) of this clause and insert in lieu thereof:— General Hands other than above .... 4.20 The following shall be the minimum rates of (d) Adult Females 1.80 wages payable to workers covered by this award:.— (e) Junior Workers: (1) Basic Wage (per week) $ (i) Males (per cent, of male basic Males 33.50 wage per week): % Females ...... 25.13 14 to 15 years of age 30 15 to 16 years of age 40 (2) Adult Males (margin over basic wage 16 to 17 years of age 50 per week): 17 to 18 years of age 60 Carpet Planner 12.30 18 to 19 years of age 70 Carpet Cutter 9.15 19 to 20 years of age 80 20 to 21 years of age 95 Installer 9,15 (ii) Females (per cent, of female basic Blind Maker and Finisher 9.15 wage per week): % (3) Adult Females (margin over basic 15 to 16 years of age 35 wage per week): 16 to 17 years of age 45 17 to 18 years of age 55 Cutter of loose covers, curtains and 18 to 19 years of age 70 drapes 4.45 19 to 20 years of age 80 Carpet Sewer 3.95 20 to 21 years of age 95 All others 3.35 (6)—3351 2 138 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

2. Clause 9—Leading Hands: Delete this clause However, before turning to consider these matters and insert in lieu thereof:— I have, by consent, amended Clause 17—Uniforms and Protective Clothing or Equipment, by includ- 9.—Leading Hands. ing a provision enabling the parties to refer to a (1) Males: A leading hand placed in charge of— Board of Reference any dispute that may arise (a) not less than three and not more than from the application of the provisions of this ten other workers shall be paid two dollars clause. Marginal rates in respect of tradesmen and thirty cents per week extra. classifications, also by consent, have been increased (b) more than ten and not more than twenty to a level of parity with those prescribed in the other workers shall be paid four dollars Metal Trades (General) Award 1966. and forty-five cents per week extra. The wages clause by consent has been further (c) more than twenty other workers shall be amended with the deletion of a number of classi- paid six dollars and sixty-five cents per fications which are no longer applicable. week extra. I turn now to a consideration of the issues in (2) Females: A leading hand placed in charge dispute. of— (a) less than three other workers shall be paid 22.—Annual Leave and Holidays. eighty-five cents per week extra. On the 8th January, 1965, by Order No. 2 of (b) three or more but less than ten other 1965, the clause was amended by the addition of workers shall be paid one dollar and sixty a provision directed to workers covered by the cents per week extra. Traffic Section of the award whereby any such (c) ten or more other workers shall be paid worker failing or refusing to—■ three dollars and ten cents per week extra. carry out his duties, including the working of reasonable overtime on his rostered days or rostered days off, in a manner satisfactory to the Traffic Manager ... or is absent from TRANSPORT TRUST. his employment for any cause not authorised (Traffic and Non-Traffic.) by the employer other than an absence where Award No. 44 of 1961. the worker is entitled to compensation under BEFORE THE WESTERN AUSTRALIAN the Workers' Compensation Act or is absent INDUSTRIAL COMMISSION. due to personal ill health or injury to the worker . . . shall . . . have the period of No. 314 of 1966. annual leave to which he is entitled or may Between Metropolitan State Passenger Transport become entitled . . . reduced by one day for Industrial Union of Workers, Applicant and each and every day or part of a day he is so Metropolitan (Perth) Passenger Transport absent from work or refuses or fails to work Trust, Respondent. as required. Before Mr Commissioner J. R. Flanagan. The subclause further prescribed that— The 10th day of February, 1967. any dispute in respect to the application given Mr I. T. Fraser on behalf of the applicant. to this subclause in any particular case may be Mr R. S. Lane on behalf of the respondent. referred to the Industrial Commission for hearing and determination. Mr A. F. Bennett on behalf of the Transport Workers' Union of Australia, Industrial Union of In applications numbered 12 and 34 of 1965 the Workers, Western Australian Branch. applicant union together with the Transport Mr R. L. Jones on behalf of The West Australian Workers' Union sought the deletion of these pro- Vehicle Builders' Industrial Union of Workers. visions. These applications were dismissed by the Chief Commissioner on the 31st March, 1965, who Judgment. in the course of his decision observed— MR COMMISSIONER: This is an application by An award prescribes rights which are legally the Metropolitan State Passenger Transport Union protected under both the Act and the Award. to amend the "Transport Trust (Traffic and Non- These rights are usually awarded on the Traffic) Award 1964". underlying assumption that obligations That Award No. 44 of 1961 was made by Con- inherent in the contract of employment will ciliation Commissioner Schnaars, as he then was, be fulfilled. Where such obligations are not on the 17th January, 1964, for a term of three fulfilled, the necessity can arise to express in years. the award the conditions under which award A preliminary objection raised by the respondent entitlements become due. This is precisely employer that the provisions of subsection (5) of what happened when the Commission section 92 of the Industrial Arbitration Act pre- amended the award by including the provi- cluded the application being granted in respect of sion now sought to be deleted (45, W.A.I.G., a number of matters claimed, was argued and p. 142.) determined during the proceedings. In again seeking its deletion Mr Fraser, for the The matters remaining for adjudication there- applicant union, referred to the adoption by the fore are those upon which the objection by the union of a "more responsible attitude" in its respondent was not sustained and those matters industrial relations. It was submitted that this upon which liberty has been reserved under clause changed behaviour is reflected in the consistent 31 of the award which reads— recourse to arbitral processes for the settlement Liberty is reserved to any of the parties to of its disputes, a policy Mr Fraser assured the this Award to apply to amend any or all of Commission would continue to be applied. the provisions of the Non-Traffic Section Mr Bennett, for the Transport Workers' Union, which were the subject to difference between supporting the claim pointed to the exemplary the parties as indicated by the issues on this record of this union in its relations with the re- Reference. spondent employer. He submitted that there had 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 139 been a significant change in the composition of 25—Special Rates and Provisions. the relevant work force which had been brought Under this heading the union seeks an increase about by the replacement of former employees who in a tool allowance from 2s. or 20 cents to 65 had taken advantage of employment opportunities in the north west of the State. These replace- cents per week. ments, he said, in combination with those remain- The existing relevant subclause reads— ing, constituted "a fine body of persons . . . who (1) Tools: have a completely different and responsible atti- (a) Woodworkers and other branches re- tude ..." (Transcript p. 23.) quiring files and hacksaw blades, bench The respondent employer's opposition to the bench vices, cramps (above four deletion of the provision was based on the con- inches) and rasps for the execution tention that although to date there had been no of their work, to be supplied with need for the application of the particular provi- same by the Trust. sion, the existence of such a provision in the award (b) Where the apprentice to woodwork- provided a "valuable deterrent against any rash ing provides his own tools other than action." Whilst I may acknowledge the efficacy those mentioned in paragraph (a) of deterrents in "cold war" situations or under hereof he shall be paid an allowance conditions where a deliberate and conscious policy of two shillings (2s.) per week in his of ignoring industrial obligations prevails, I am fourth and fifth year. nevertheless of the opinion that to retain unduly (c) Where a woodworker provides his own such a provision in the award in circumstances tools other than those mentioned in where the industrial climate has so markedly im- paragraph (2) hereof he shall be paid proved, would not be conducive to the continued an allowance of two shillings (2s.) maintenance of harmonius relations and for this per week. reason I have decided to grant the claim for the deletion of subclause (17). I think I should say In addition to seeking an increase in the amounts that in reaching this conclusion I was not per- currently prescribed in paragraphs (b) and (c) suaded or influenced in any way by the unsup- the union has claimed the inclusion of an addi- ported allegations of Mr Eraser concerning the tional subclause which reads— improper use of the provision by certain officers Any tradesman required to supply and in inducing men to work on rostered days off maintain a tool kit shall be paid an allowance without regard for any personal inconvenience of sixty-five cents (65c) per week extra. caused through compliance with the request. The allowance rate claimed is taken from that I accept Mr Lane's statement in respect of the payable to a car and wagon builder, described by positive, action by the employer in issuing an in- the applicant as a "coach builder" employed under struction undertaking to take disciplinary action the terms of the Railway Employees' Award Con- against any officer for failing to obey as a clear solidated 1964 and who, according to the appli- manifestation of the employer's concern to fore- cant "could be classed as similar to the body stall any unscrupulous or unreasonable applica- builders, etc., in this award". (Transcript p. 107.) tion of the provision. Whether the use of the expression "etcetra" was If, notwithstanding the foregoing, there had intended by the applicant in this context to em- been instances of workers being compelled to work brace tradesmen other than body builders I do under duress, it seems that evidence of such experi- not know but it is clear from the wording of the ences would have been readily available. claim, the evidence of witnesses Messrs Holmes But be that as it may, I consider that the provi- and Gray and Exhibit C. produced by Mr Eraser sion, introduced as it was during a turbulent period listing the essential tools for repair kits for a panel of the union's history, should now be withdrawn. beater and a trimmer in addition to that required by a body builder, that the allowance claimed is 24.—Definitions. intended to apply at least to the three afore- mentioned callings. In a revision of classifications the parties agree that Mess Room Attendant and Lavatory Attend- I think the first thing to be noted is that a ant classifications should be deleted from the wages tool allowance in the Railway Award is on a more clause and a new classification of Cleaner in- comprehensive basis and ranges from 15 cents in serted. This in turn has led the applicant to the case of painters and signwriters to 65 cents for seek the inclusion of a definition of "cleaner" in carpenters, car and wagon builders and pattern- similar terms to that expressed in the Cleaners makers, a trimmer having an entitlement to 30 and Caretakers (Government) Award No. 9 of cents per week and apprentices receiving commen- 1936. In addition the work "premises" appearing surately lower rates. in the proposed definition of "cleaner" is sought Secondly, the employer under that award supplies to be defined to include all buildings in occupa- all tools required for the work of sheet metal tion by the Trust. The respondent opposing the workers and in addition supplies specified tools to claim contended that the term "cleaner" is self- car builders, wagon builders, carpenters and explanatory and therefore has no need of defi- patternmakers' apprentices with the proviso that nition. such tools remain the property of the employer It is noted that although there are thirty-eight only until the satisfactory conclusion of the ap- marginal rates presently prescribed under thirty- prenticeship course. two main classification headings, it has been con- On the other hand a tool allowance in this sidered necessary to define only seven callings, award, as previously mentioned, has application one of which, that of "welder", having each of only to a woodworker or an apprentice to wood- four classes separately defined. working in his fourth or fifth year. In the circumstances and at this stage I am dis- From a consideration of the foregoing I am un- posed to agree with the submissions of the re- able to accept, directly or inferentially, the argu- spondent and the claim is accordingly disallowed. ment of comparability in this matter. 140

The provision as presently worded is in identical Be that as it may, I am of the opinion that in terms, other than the amount of the allowance, this matter the factor of comparability is sufficient with that contained in the Vehicle Builders' Award, to prevail and, subject to the inclusion of the No. 8 of 1955, which prescribes 30 cents per week. qualification raised by the respondent in respect The respondent submitted that body builders in of the meal allowance and the retention of the this industry are in marked contrast to the car discretionary alternative under the annual leave builders of the tramways era and as such, working and holidays clause, the claim is granted. predominantly in metal, are not woodworkers in the proper sense of the word. 28.—Wages. Although strongly opposing the extension of a tool allowance to metal workers, for whom a claim In a revision of classifications the parties in their had been recently rejected by Mr Commissioner negotiations have agreed to delete a number of Kelly in the Metal Trades (General) Award, Mi- classifications which are considered in some cases Lane stated that "while body builders are not now to be obsolete and, in others, unnecessary. As a truly woodworkers there is sufficient of this element result the previous wages schedule of thirty-two for them to be given the benefit of this provision classifications has been reduced to nineteen and . . . ". He went on to say "as with the rates the remaining classifications have accordingly been of pay we are prepared to accept what is provided renumbered. in industry generally so that the award need not As previously mentioned, marginal increases for be varied as it stands at the moment excepting tradesmen and motor vehicle drivers have been adopted by consent, accounting for seven of the to substitute 30 cents for the present 20 cents . . ." classifications, with rates for the remaining twelve Having carefully considered all of the material being in dispute. put to me in respect of this matter I have decided to accept the submissions of the respondent em- In this application the union seeks to have the ployer and increase the allowance to 30 cents. margins increased to $7 in the case of a messenger, cleaner, poling gang worker, painter's labourer and gatekeeper; $8.75 for a steam cleaner; $9.35 for 27.—Overtime. tyre and tube attendant; $10 for a shunter; $10.20 for a storeman; $10.55 for omnibus and trolley bus Under this heading the union seeks to delete the attendant; $14.20 for a linesman and $16.40 for a existing provisions and replace them with pro- linesman in charge of tower wagon. visions similar to those prescribed in the Metal Trades (General) Award 1966. The last occasion, according to Mr Fraser, on The main difference in respect of this clause which margins for classifications in the non is whether double time should be paid after the traffic section were the subject of review was in first two hours of overtime or after the first four 1956 and their existing level was achieved by sub- hours and after 12 noon on Saturdays. Additional sequent application of percentage formulae that variations which would be effected by granting the had originated in decisions of the Commonwealth claim would be an increase of five cents to the Court in respect of the Federal Metal Trades existing meal allowance and an entitlement to pay- Award. However, in 1960 in a reference of ment for three hours at overtime rates for a worker industrial dispute consideration was given by the recalled to work after leaving the job in place of the Court of Arbitration to claims for increases in existing entitlement to payment for two hours. I margins for a number of similar classifications that think in this matter the union's claim should be are disputed in these proceedings. allowed and generally the provisions relating to Although these claims were rejected on the overtime in the metal trades award should apply to ground that no evidence was brought in support of workers employed in the non traffic section. the claims, the Court on that occasion also re- As already mentioned the marginal rates fixed jected claims for equivalent margins for linesmen for tradesmen under the metal and building trades payable under the State Electricity Commission awards have been applied by consent to Award, having found that the conditions of work similar tradesmen classifications in this award. were not similar. (40 W.A.I.G. p. 776.) It follows in my view that particularly in In support of the present claim for increased respect of overtime, there should be uniformity margins, Mr Fraser indicated that his case would of conditions applying to such workers but in any be based on submissions, evidence and inspections event, having regard for the principles expressed on to show— this matter in the Dairy Factory Workers and Metal Trades cases by Commissioner Kelly, with which I that the margins prescribed at the present agree, I do not consider that, in this instance, there time are not in keeping with the responsibility is any special circumstance which would justify a and the work value that exists today; and that denial to the workers concerned of the aforesaid they have lost their relativity and value as conditions. compared with the rates fixed after proper investigations in previous years. In regard to the particular submission relating to the incidence of overtime, of Mr Lane, that In this regard, evidence was adduced from workers covered by this award seldom work over- workers employed in each of the classifications time, I think I should say that all of the matters under review other than those of poling gang and put to me, including this particular point, were painter's labourer. carefully considered. The evidence mainly comprised a detailed des- It was acknowledged that it had been found cription of duties of the various classifications, necessary in the past to work overtime on a regu- coupled with an exhibit setting out marginal lar basis for a few months owing to a shortage movements for tradesmen between 1947 and 1960 of tradesmen but the daily period was of such and corresponding marginal movements for other short duration that no material change from a relevant classifications during the same period and monetary aspect would have been created had the a further exhibit showing the comparable marginal provisions now claimed been operative. rates prescribed under Federal awards. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 141

Notwithstanding that the fixation of margins in Linesman. this industry has resulted in the past from a con- On the material put to me in these proceedings sideration of margins payable under awards regu- I had no hesitation in reaching the same con- lating tramways and omnibus transport operations clusion as His Honour, Nevile J., in the 1960 case in other States, the applicant expressed some concerning the dissimilarity of working conditions doubt as to whether, in the present circumstances, with linesmen employed in the State Electricity the prevailing rates in other states would provide Commission which culminated in a rejection of the "a proper guide .... at this particular stage" in claim for equivalent margins. assessing appropriate margins. However, on an assessment of comparative work It appears that this doubt stems from the belief values I am of the opinion that the margin for a that a new principle of standard rates may result linesman employed by the Trust should be fixed from a comprehensive review of marginal rates at a level no less than that of a driver of a motor which has been made by a Federal Commissioner, vehicle not exceeding 3 tons, which is the weight involving all other States other than Queensland. category in which the tower wagon would fall. The result of this review has not been received by this Commission to date and therefore any argu- Marginal rates of $9.30 for linesman and $10.35 ment directed to this factor of comparability is for linesman in charge of tower wagon are accord- necessarily one for future consideration. ingly fixed. It seems that the main pillar on which the appli- Painter's Labourer (Vehicle Building and cant relies for support is a restoration of the Repairing). former relativities, generally speaking, which were The respondent having indicated that there is no disturbed upon the Trust's adoption of marginal objection to the above classification being regarded parity for its tradesmen with those employed under on the same basis as a tradesman's assistant in the terms of the Metal Trades (General) Award industry generally, the margin is accordingly in- coupled with the adoption of equivalent rates for creased to $3.75. motor vehicle drivers in its employ with rates pre- Although the foregoing is the result of a con- scribed for similar classifications in the Transport sideration of all the arguments placed before me Workers (General) Award. in the hearing of the application, I consider that On the reasoning accompanying the grant of in these proceedings I should take into account the increases by Commissioner Kelly in the case of Commonwealth Conciliation and Arbitration Com- skilled metal tradesmen, I am unable to accept as mission's recent metal trades decision to award a general proposition that semi-skilled workers marginal increases on economic considerations. This in turn has led to the conclusion that with should necessarily retain pre-existing relativities. the exception of tradesmen classifications the Moreover, I agree with the respondent's sub- formula prescribed in the aforementioned decision mission that the proposition "having failed in a should be applied to the remaining classifications very extensive general metal trades hearing and in this award. review . . . any trend setting with a small industry To the extent therefore that I have taken into which may be accepted as a better guide than it account a matter that was not raised during the really is . , ." should be avoided. hearing and having, pursuant to subsection (2) of It follows therefore that, in my view, the mar- section 69 of the Act, moved outside of the specific ginal increases as claimed should be disallowed. I or subject matter of the claim, the parties are do not propose to subject the matters put to me advised that they may exercise their rights to be in respect of each classification to a critical ana- heard in relation to this matter at the speaking lysis but would merely indicate that Mr Lane, for to the minutes. the respondent, established to my satisfaction that The minutes of the proposed amendments will margins generally which are currently paid under now issue. the award, compare favourably with those workers Order Accordingly. in classifications which, if not identical, allow for comparison in other industries within the State. BEFORE THE WESTERN AUSTRALIAN Although disallowing the actual increases sought INDUSTRIAL COMMISSION. by the applicant, I am of the opinion that, in No. 314 of 1966. respect of certain classifications, there should be Between Metropolitan State Passenger Transport some variation to existing margins. Industrial Union of Workers, Applicant and Cleaner, The Metropolitan (Perth) Passenger Transport This is a new classification and in all of the Trust, Respondent. circumstances I consider an equitable margin would HAVING heard Mr I. T. Eraser on behalf of the be $3.25 and I so award. applicant, Mr R. S. Lane on behalf of the re- spondent, Mr A. F. Bennett on behalf of the Trans- Gatekeeper—Kensington Street Workshops. port Workers' Union of Australia, Industrial Union In rebuttal of the claim and in an endeavour to of Workers, Western Australian Branch and Mr justify the retention of the present margin of R. L. Jones on behalf of the West Australian $2.95, the respondent compared the duties with a Vehicle Builders' Industrial Union of Workers, I, gatekeeper employed by the State Electricity Com- the undersigned, Commissioner of The Western mission under the Cleaners and Caretakers Award Australian Industrial Commission, in pursuance of on a margin of $2.30 and that of a gatekeeper an allocation to me by the Chief Industrial Com- under the Railways Award on a margin of $2.90, missioner and in pursuance of the powers con- contending that a reasonable margin would be tained in section 92 of the Industrial Arbitration found between the aforesaid rates. However, from Act, 1912-1966, and all other powers therein en- the evidence of Mr Warner and the impressions abling me, do hereby order and declare— gathered on inspection, I am of the opinion that That the Transport Trust (Traffic and Non- a more appropriate margin would be $3.25 and I Traffic) Award, No. 44 of 1961, as amended, be so award. and the same is hereby further amended in WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

accordance with the following schedule and (ii) A worker who works so much overtime that such amendment shall take effect as from between the termination of his ordinary work the beginning of the first pay period commenc- on one day and the commencement of his ing on or after the date hereof. ordinary work on the next day that he has not at least eight consecutive hours off duty Dated at Perth this 14th day of February, 1967. between those times, shall, subject to this para- (Sgd) J. R. FLANAGAN, graph, be released after completion of such [L.S.] Commissioner. overtime until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. Schedule. (iii) If, on the instructions of the Trust, such a worker resumes or continues work without Clause 17—Uniforms and Protective Clothing or having had such eight consecutive hours off Equipment: Add the following new subclauses:— duty, he shall be paid at double rates until he (6) In the event of a dispute arising between is released from duty for such period and he the parties as to whether protective clothing or shall then be entitled to be absent until he has equipment is reasonably necessary, it may be had eight consecutive hours off duty without referred to the Board of Reference for deter- loss of pay for ordinary working time occurring mination. during such absence. Clause 22—Annual Leave and Holidays: Delete (b) Where a worker is recalled to work after subclause (17). leaving the job— Clause 25—Special Rates and Provisions: Delete subclause (1) and insert in lieu thereof the fol- (i) he shall be paid for at least three lowing:— hours at overtime rates; (1) Tools— (ii) time reasonably spent in getting to and (a) Woodworkers and other branches re- from work shall be counted as time quiring files and hacksaw blades, bench worked. vices, cramps (above four inches) and (c) When a worker is required to hold him- rasps for the execution of their work, self in readiness for a call to work after ordin- to be supplied with same by the Trust. ary hours, he shall be paid at ordinary rates (b) Where the apprentice to woodworking for the time he so holds himself in readiness. provides his own tools other than those mentioned in paragraph (a) hereof, he (d) A worker shall not be compelled to work shall be paid an allowance of thirty for more than six hours without a break for a cents per week in his fourth and fifth meal. years. (c) Where a woodworker provides his own (e) Subject to the provisions of paragraph tools other than those mentioned in (f) of this subclause a worker required to work paragraph (a) hereof, he shall be paid overtime for more than two hours shall be an allowance of thirty cents per week. supplied with any reasonable and necessary meal by the Trust or be paid sixty-five cents Clause 27—Overtime: Delete this clause and in- for such meal, and if, owing to the amount of sert in lieu thereof the following:— overtime worked, a second or subsequent meal is required, he shall be supplied with such 27.—Overtime. meal by the Trust or be paid forty-five cents for (1) (a) All work done beyond the ordinary each meal so required. working hours on any day, Monday to Friday inclusive, shall be paid for at the rate of time (f) The provisions of paragraph (e) of this and one half for the first two hours and double subclause do not apply— time thereafter. (i) in respect of any period of overtime (b) Work done on Saturdays after 12 noon for which the worker has been notified or on Sundays shall be paid for at the rate of on the previous day or earlier that he double time. will be required; or (c) Work done on Saturdays, prior to 12 (ii) to any worker who lives in the locality noon shall be paid for at the rate of time and in which the place of work is situated one half for the first four hours and double in respect of any meal for which he time thereafter. can reasonably go home. (d) When a worker is required for duty dur- ing his usual meal time and his meal time is (g) If a worker to whom subparagraph (i) thereby postponed for more than half an hour, of paragraph (f) of this subclause applies has, he shall be paid at overtime rates until he gets as a consequence of the notification referred his meal. to in that paragraph, provided himself with a (e) In computing overtime each day shall meal or meals and is not required to work stand alone but when a worker works overtime overtime or is required to work less overtime which continues beyond midnight on any day, than the period notified, he shall be paid for the time worked after midnight shall be deemed each meal provided and not required, the ap- to be part of the previous day's work for the propriate amount prescribed in paragraph (e) purpose of this subclause. of this subclause. (2) (a) (i) When overtime work is neces- sary, it shall, wherever reasonably practicable, (3) The Trust may require any worker to be so arranged that workers have at least work reasonable overtime at overtime rates and eight consecutive hours off duty between the such worker shall work overtime in accordance work of successive days. with such requirement. 143

Clause 28.—Wages: Delete this clause and insert TRANSPORT TRUST. in lieu thereof the following:— (Traffic and Non-Traffic.) 28.—Wages. Award No. 41 of 1961. (1) The minimum rates of wages payable to BEFORE THE WESTERN AUSTRALIAN workers covered by this section of the award shall INDUSTRIAL COMMISSION. be as follows:— $ (a) Basic Wage (per week) 33.50 Nos. 13 and 14 of 1967. Between Metropolitan State Passenger Transport (b) Classifications and margins per week: Industrial Union of Workers and Transport Adult Males: Workers' Union of Australia Industrial Union (1) Attendants—Omnibus and of Workers, Western Australian Branch, Appli- Trolley Bus 6.70 cants, and Metropolitan (Perth) Passenger (2) Attendants—Tyre and Tube 6.40 Transport Trust, Respondent. (3) Body builder 15.50 (4) Cleaner 3.65 Before Chief Industrial Commissioner (5) Gatekeeper—Kensington St. S. F. Schnaars, Esq. Workshops 3.65 The 3rd day of February, 1967. (6) General Smith 15.50 Mr I. Frazer on behalf of the Metropolitan State (7) Lineman 10.10 Passenger Transport Industrial Union of Workers. (8) Lineman in Charge of Tower Mr D. R. Culley on behalf of the Transport Wagon 11.25 Workers' Union of Australia, Industrial Union of (9) Messenger 2.90 Workers, W.A. Branch. (10) Motor Vehicle Driver— Not exceeding 25 cwt 8.60 Mr R. Lane appeared on behalf of the re- Not exceeding 3 ton 10.10 spondent. Over capacity 3 ton 11.70 Judgment. (11) Painter and Sign writer (veh- THE COMMISSIONER: These matters represent icle building and repairing) 15.50 two applications, one by the Transport Workers' (12) Painter's Labourer (vehicle Union of Australia and the other by the Metro- building and repairing) .... 4.15 politan State Passenger Transport Union of (13) Panel beater 15.50 Workers, to amend Award No. 44 of 1961 binding (14) Poling Gang 4.10 on the Metropolitan (Perth) Passenger Transport (15) Shunter 6.70 Trust. Both applications seek to amend the wages (16) Steam Cleaner 6.40 schedule for the purpose of giving application to (17) Storeman 7.55 the formula which was recently approved by this (18) Trimmer (vehicle) 15.50 Commission when dealing with the Metal Trades (19) Welders- Award. First Class 15.50 Following that decision it can be accepted that Second Class 6.10 the major responsibility in respect of applications Third Class 5.15 of this nature rests with the respondent to show Fourth Class 4.40 good cause why the formula should not be given application. (2) Leading Hands—A Leading Hand placed in charge of— Mr Lane on behalf of the Metropolitan Passenger Transport Trust has indicated his principals' ob- (a) Not less than three and not more than jections to the application of the formula, but I ten other workers shall be paid at the rate do not feel that it is necessary to call on the of $2.30 per week extra. applicants to reply to those submissions. The fact (b) More than ten and not more than twenty is that the wage formula adjustment approved by other workers shall be paid at the rate of the Federal Commission has since been approved $4.45 per week extra. by this Commission as one which should be given (c) More than twenty other workers shall be fairly general application in this State excepting paid at the rate of $6.60 per week extra. where special circumstances may arise. Following the decision of the Federal Commis- (3) Apprentices (per cent, of basic wage): sion on this matter, similar workers employed else- (a) Five-year Term— % where in Australia (excepting at this particular First year 35 stage workers employed in these capacities in Second year 50 Queensland) have all received the benefit of the Third year 68 formula and I can see no reason why the formula Fourth year 90 should not be applied to the workers covered by Fifth year 100 these awards. plus $3.82 The anomaly to which Mr Lane has referred will (b) Four-year Term— % not be created to the same extent in this State as First year 38 it might be elsewhere when comparing tradesmen's Second year 68 margins with those of bus drivers, because the Third year 90 tradesmen's margins within this State have recent- Fourth year 100 ly been substantially increased. However, in the plus $3.82 difficult situation in which we are placed today in (c) Three-year Term— % respect of wage movements throughout different First year 55 jurisdictions in Australia, I find it extremely diffi- Second year 90 cult to reach a situation where no anomaly will Third year 100 ever be created as a result of what one does. plus $3.82 Anomalies, unfortunately, are consistently being Clause 29.—Apprentices: In subclause (2) delete created throughout the various jurisdictions and it "Bodymaking" and insert in lieu thereof "Body- is becoming an extremely difficult job to avoid building". being caught up with such situations. 144 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

However, this application to apply the formula Chief Industrial Commissioner of The Western to the classifications set out should in my opinion Australian Industrial Commission, in pursuance of be granted, and Award No. 44 of 1961 will now be the powers contained in section 92 of the Industrial amended in accordance with the schedule sub- Arbitration Act, 1912-1966, and all other powers mitted by the parties., therein enabling me, do hereby order and declare— Order accordingly. That the Government Water, Sewerage and Drainage Employees' Award, No. 8 of 1956, as BEFORE THE WESTERN AUSTRALIAN amended and consolidated, be and the same is INDUSTRIAL COMMISSION. hereby further amended in accordance with the following schedule and that such amendment Nos. 13 and 14 of 1967. shall take effect as from the beginning of the Between Metropolitan State Passenger Transport first pay period commencing on or after the Industrial Union of Workers, and Transport date hereof. Workers' Union of Australia Industrial Union Dated at Perth this 10th day of February, 1967. of Workers, Western Australian Branch, Appli- LL.S.l (Sgd) S. F. SCHNAARS, cants, and Metropolitan (Perth) Passenger Commissioner. Transport Trust, Respondent. HAVING heard Mr I. Frazer on behalf of the Schedule. Metropolitan State Passenger Transport Industrial Union of Workers and Mr D. R. Culley on behalf of 1. Part III—Special Rates and Provisions—9— the Transport Workers' Union of Australia Indus- Special Rates and Provisions: Delete subclause (2) trial Union of Workers, Western Australian Branch, and insert in lieu thereof the following:'— applicants, and Mr R. Lane on behalf of the (2) Leading Hand Tradesman: Any trades- respondent, I, the undersigned, Chief Industrial man placed in charge of— Commissioner of The Western Australian Indus- (a) three and not more than ten other trial Commission, in pursuance of the powers con- workers shall be paid two dollars thirty tained in section 92 of the Industrial Arbitration cents per week extra; Act, 1912-1966, and all other powers therein (b) more than ten and not more than enabling me, do hereby order and declare— twenty other workers shall be paid That the Transport Trust (Traffic and Non- four dollars forty-five cents per week Traffic) Award, No. 44 of 1961, as amended, be extra; and the same is hereby further amended in (c) more than twenty other workers shall accordance with the following schedule and be paid six dollars sixty-five cents per that such amendment shall take effect as from week extra. the beginning of the first pay period com- 2. First Schedule—Wages: Delete this Schedule mencing on or after the date hereof. and insert in lieu thereof the following:— Dated at Perth this 3rd day of February, 1967. First Schedule. (Sgd) S. F. SCHNAARS, EL.Sff Commissioner. Wages. PART 1—Basic Wage (per week)—$33.50. Schedule. PART 2—Margins—General (per week). Clause 42—Wages: Delete (b) and (c) of sub- clause (2) and insert in lieu thereof:— GRADE 1. Construction and Maintenance Workers. $ (b) Male Classifications (margin per Grade 1 includes the following class of work week): (margin per week $3.60):— (i) Trolley Bus driver 13.10 Attendant on motor pumps. (ii) Omnibus Driver 13.10 Axeman Grade (1) as defined. (iii) Conductor— Assistant to service layer Grade (2). First Year 4,90 Bulldozer attendant. Thereafter 7^60 Bitumen hand. (c) Adult Female Classifications (margin Concrete sump maker. per week): Concretor as defined. (i) Conductresses— Concretor underground (minimum). First Year 4.90 Gardening labourer. Thereafter 7^60 Hand dollying stump piles in trenches. Kerbers. Labourers not elsewhere specified. WATER, SEWERAGE AND DRAINAGE Lead runner. EMPLOYEES. Maintenance man irrigation and drainage— 1st three months. (Government). Metal or gravel spreader. Award No. 8 of 1956. Pipe setter's assistant as defined. BEFORE THE WESTERN AUSTRALIAN Pipe setter's attendant as defined. INDUSTRIAL COMMISSION. Platelayer light tram tracks. No. 97 of 1967. Placing stone in foundations. Pug worker. Between Government Water, Sewerage and Drain- Rodding out new unused reticulation sewers. age Employees' Industrial Union of Workers, Riggers assistant. Applicant, and Hon. Minister for Water Supply, Scarifier. Respondent. Sculling laths. HAVING heard Mr H. R. Barrett on behalf of the Steel plate form fixer. applicant and Mr L. E. Boylan on behalf of the Stone cracker feeder. respondent, and by consent, I, the undersigned, Stone pitcher. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 145

Sinking spears. PART 2—Classification and margin per week: Tallyman. No. $ Temporary jointing with Gibalt joints. Timberman's assistant. (1) Attendants on (motor) pumps un- Timber stacker. watering trenches or excavations, in- Tipman. cluding lunch hour attendance .... 6.20 Well sinkers to a depth of 20 feet. (2) Bar bending machine operator .... 6.20 (3) Conveyor belt attendant, including Wire fence repairer or erector. starting and stopping motor 6.20 GRADE 2. (4) Forepoling in sand 6.20 Grade 2 includes the following class of work (5) Operating portable power driven ciru- (margin per week, $4.40):— lar saw or chain saw 6.20 Assistant to leading maintenance man and (6) Pipe jointer sewerage and drainage service layer Grade (1). (as defined) 6.20 Batterman or trimmer. (7) Pump Crete operator, as defined, up to Braceman (as defined). and including 6 in., first six months' Brush hand or spray operator. experience 6.20 Camp attendant. (8) Timber cutter falling or cutting tim- Can man. ber for milling on construction site Chainman. or for construction purposes 6.20 Chlorine attendant. (9) Sewerage maintenance man 6.50 Concrete kerb layer. Crane attendant and bookman. (10) Erecting braithwaite tanks 7.00 Cut and cover man (as defined). (11) Rock drill (machine man) 7.00 Diamond drillers assistant. (12) Service layer, Grade 2 M.W.S. .... 7.00 Hammerman, gadman or drillman. (13) Service layer, Construction C.W.S 7.00 Jumperman. Nu-roof caulker. (14) Trench digger operator (after six Pipe fitter—screwed pipes. months) 7.00 Pipe layer—culverts. (15) Hoist or winch driver 7.50 Pipe layer—rubber jointed pipes. (16) Pipe setter pumping main sewerage Pump attendants—spear plants, water supply or drainage 7.50 pumping station (Metropolitan Area) and (17) Powder monkey 7.50 sewerage station. Screeder. (18) Spear plant attendant including lunch Spaller. hour attendance 7.50 Steel frame and tank assembler. (19) Trowel hand or renderer 7.50 Storeman's assistant. (20) Concrete weigh batching operator— Timber cutter (as defined). non portable 8.00 Well sinker over a depth of 20 ft. or where (21) Pump crete operator as defined up to explosives are used. and including 6 in., after six months' experience 8.00 GRADE 3. (22) Pump crete operator as defined, over Grade 3 includes the following class of work (mar- 6 in., first six months' experience .... 8.00 gin per week, $5.20):— (23) Saw and drill sharpener 8.00 Barring down in quarries. (24) Timber-man (as defined) 8.00 Bottom man (as defined). (25) Sanitary man 8.40 Concretor manhole covers. (26) Powder monkeys (quarries) 8.60 Concretor underground in tunnels—maximum (27) Machine borer, drilling and blasting (at the discretion of the Engineer-in- plant (as defined) 8.80 Charge). (28) Pipe setter concrete, earthenware or Chainman picking up and recording sewerage stoneware pipes 8.80 junctions. (29) Timber man timbering in trenches Compressor man in charge. immediately behind power excavation 8.80 Erecting rock contour walls. (30) Leading maintenance man C.W.S. as Fencer (as defined). defined 9.30 Handyman storeman. (31) Service layer Grade (1) as defined .... 9.30 Lead potman, or caulker. (32) Leading sewerage maintenance man Maintenance man irrigation and drainage as defined 9.30 after three months experience. (33) Rigger and splicer 9.55 Operator concrete mixing machines—power (34) Pump crete operator as defined, over driven. 6 in. after six months' experience .... 9.80 Operator hand roller vibrator. (35) Broad axeman 10.30 Operator internal concrete vibrator compac- (36) Diamond drill 11.40 tor. (37) Driller deep bore not under supervi- Operator jackhammer and other pneumatic sion 11.40 tools. Operator power saw—non-portable. PART 3—Controller—Water Supply West Operator trench digger machine (first six Northam-Kalgoorlie Reservoirs (margin months). per week) 11.35 Pipe screwer. Relieving Water Supply Controller Pile and lath driver pneumatic machine. on Saturdays or Sundays l/6th of Reinforcement worker. the weekly rate operating for the Water Sand tester. Supply Controller per day, plus 25 per Splicer. cent. On the other days i of such Tubular steel scaffold erector. rate without any additional penalty. 146 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

PART 4—Caretakers, Rangers and Watch- $ (3) Tractors while using power operated $ men (margin per week) : attachments: — (1) Caretaker-gardener—Mundaring Weir 11.50 (a) 35 brake horsepower and under .. 8.65 (2) Caretakers— (b) Over 35 brake horsepower to 70 (a) Mt. Hawthorn, Thompsons Lake, brake horsepower 10.35 Mt. Yokine, Melville, Bold Park to be on duty as required (no (c) Over 70 brake horsepower to 130 payment for overtime) 9.00 brake horsepower 11.50 (d) Over 130 brake horsepower .... 13.10 (b) Mt. Eliza—-96 hours per fortnight to be worked within 13 shifts (no (e) Driver of Euclid twin power payment for overtime) 9.90 scraper 16.00 Provided that the total margin (c) Relieving Caretaker at Mt. Eliza payable to the operator of a trac shall be paid for relief work, three tor using a power attachment not tenths of the weekly basic wage normally operated while such for the work done on that day. tractor is in motion shall not ex- (3) Rangers: ceed ten dollars thirty-five cents Senior 10.60 per week. Others 9.90 This item to be excluded from all (4) Driver of fork lift 7.65 other provisions of the award with (5) Loaders— the exception of annual leave, pre- sent conditions in respect to hours (a) Front end and over head—appro- and overtime to continue. priate tractor margin. (b) Mechanical bucket type, truck or (4) Watchmen: Per week of 56 hours— tractor mounted — appropriate basic wage plas five-twelfths. truck driver's rate as prescribed in PART 5.—Motor Transport Operators (mar- Part 5 of this schedule. gin per week): Liberty to apply is reserved in (1) Drivers of motor vehicles: respect to the above classifica- Not exceeding 25 cwt capacity .... 7.80 tions. Exceeding 25 cwt and not exceeding 3 tons capacity 9.30 PART 7.—Meter Readers (C.W.S. (margin Exceeding 3 tons capacity and under per week): 6 tons capacity 10.80 (a) Meter Reader (special reading For each complete ton over five mines water trust and other large tons twenty five cents additional consumption meters Kalgoorlie margin. and Boulder) 6.70 Drivers of loaded motor wagons (except tractors) drawing a loaded (b) Meter on service adjuster. The trailer also (not to include a duties of meter on service ad- mechanical horse) forty cents per juster shall be testing, oiling day extra. meters, reading meters, repacking (2) Drivers of articulated vehicles—Not glands, fitting glasses and new exceeding 8 tons capacity 13.10 buffer plates 5.65 Exceeding 8 tons capacity for each complete additional ton, twenty-five PART 8.—Night Officers (margin per week): cents additional margin. (a) Loftus Street, and Fremantle (3) Drivers of double articulated vehicles: Yards—basic wage plus one half Not exceeding 10 tons capacity .... 13.25 for a week's work. Exceeding 10 tons capacity for each complete additional ton, (b) Relieving night officer specified twenty-flve cents additional margin. holidays—basic wage plus one- (4) Drivers of machinery float—Not ex- quarter, plus a day in lieu. ceeding 8 tons capacity 11.75 Exceeding 8 tons capacity for each PART 9.—Officers-in-Charge (O.W.S.) Dis- complete additional ton, twenty-five trict (margin per week): cents additional margin. (a) Norseman 20.35 Liberty to apply is reserved in (b) Officers at Leonora, York, Mun- respect to the Transport section. daring , Darlington Districts and Barbalin 17.40 PART 6.—Machine Drivers (margin per week): PART 10.—Storeman (margin per week): (1) Tractors without power operated at- tachments or with power operated (a) Head Storeman Loftus Street attachments, attachments not in and Welshpool Depots .... 11.40 use: (b) Storeman— (a) 50 brake horsepower and under .... 7.60 Grade 1—Main Depots (b) Over 50 brake horsepower .... 8.65 C.W.S 9.10 (2) Drivers of mobile cranes— Grade 2—Metropolitan .... 7.30-8.60 (a) 5 tons or less 8.70 (b) Over 5 tons but not more than Grade 3—Other Depots 10 tons 9.60 C.W.S 4.80-6.60 (c) Over 10 tons but not more than Grades 2 and 3 to be deter- 20 tons 10.80 mined by Officer-in-. (d) Over 20 tons 11.85 Charge. 147

PART 11.—Septic Tank and Treatment $ PART 13.—Testing (classification and margin $ Works Attendant (margin per week): per week): (a) Swanbourne (including all allow- (a) Tester on plumbing fittings— ances) 12.00 (i) Senior tester plumbing fix- (b) Fremantle (including all allow- tures and fittings 12.30 ances except that prescribed for (ii) Tester plumbing fittings, first cleaning out septic tanks in para- 12 months 4.10 graph (e) of subclause (7) of (iii) Tester, second 12 months .... 5.30 clause 9) 8.80 (iv) Thereafter 7.30 Relieving attendants on Sundays (b) (i) Tester in charge of testing all inclusive rate of one-third earthenware and concrete basic wage per shift. pipes and fittings 7.80 (c) Treatment works attendants (ii) Tester earthenware and con- (Subiaco) Day workers 4.20 crete pipes first six months .... 3.60 (d) Treatment works attendants (iii) Thereafter 5.30 (Subiaco) Shift workers 6.10 (c) Water meter testers, Loftus PART 12.—Tradesmen (classification and Street— margin per week): (i) Tester 4.25 (a) Blacksmith 15.50 (ii) Tester in charge multi- (b) Carpenter 15.50 bench 5.35 Tool allowance payable in ac- (d) Spark tester steel bituminous cordance with Building Trades wrapped pipes 5.30 (Government) Award. (c) Fitters, including meter fitter .... 15.50 PART 14.—Pile Driving (classification and (d) Motor mechanic .... 15.50 margin per week): (e) Oxy and electric welder on main pipelines 12 in. diameter and (1) Man in charge 9.90 over 13.30 (2) Topman 7.10 This margin shall include all (3) Pile frame hand 5.20 allowances excepting the twenty Pile driving—Irrigation and Drainage: cents per day extra for overhead (1) 'Topman 5.20 welding in wet places when water proof mats are not provided, al- (2) 'Pile frame hand 4.40 lowance for working inside pipes 'Liberty is reserved to either party under subclause (15) of clause 9 in the case of a major construction and the camping allowance refer- job. red to in Part VI, clause 25. (f) Plasterer not including guniting .... 15.50 PART 15.—Pumping Station (C.W.S.)— (A plasterer not provided with classification and margin per week: the necessary tools for the per- (a) Electric pump attendants 9.45 formance of this work shall be (b) Fireman and Greasers—steam paid a tool allowance of sixty pumping stations 6.70 cents.) (g) Turner 15.50 PART 16.—Cookhouse Personnel—Margins (h) Welder— and Loadings: (i) Special class 17.00 Cookhouse personnel shall be engaged (ii) First class 15.50 by the week and shall in addition to the (iii) Second class 6.10 basic wage prescribed in Part 1 of this (iv) Third class 5.15 clause be paid the following margins (v) Fourth class 4.40 and loadings:— Liberty to apply is reserved in Head Cook (per week) — respect of the above classifications. Margin for skill 10.35 Tradesman's Assistants, Machinist and Loading for time worked in excess others (margin per week): of the ordinary hours of work .... 5.95 (a) Blacksmith's striker 4.15 (b) Carpenter's labourer 3.60 Total margin and loading .... $16.30 (c) Drilling machinist 6.10 (d) Fitter's assistant including meter Cook's Offsider (per week)— fitter's assistant 4.15 Margin for skill 6.55 (e) Garage attendant 4.15 Loading for time worked in excess (f) Oxy or electric welder's assistant 4.15 of the ordinary hours of work .... 4.25 (g) Screwing machinist 6.10 Total margin and loading .... $10.80 (h) Tool sharpener 6.40 (i) Lubritorium attendant 5.30 Additional rate for week end and holiday (j) Shot blast and sand blast dresser work, cookhouse personnel cooking on a Satur- protected by properly enclosed day and/or Sunday shall be remunerated as cabin 4.15 follows:— (k) Shot blast and sand blast dresser (a) When cooking for three or more men not protected by properly enclosed required by the employer to work on cabin 7.80 a Saturday and/or Sunday—time and (1) General tradesmen's assistant— a half of one-flfth of the weekly mechanical section M.W.S 4.15 loaded rate prescribed per day. 148 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

(b) When cooking for men in circum- It shall not include the following classes of stances not covered by paragraph (a) work:— hereof or when cooking for men not (a) work in, around and/or adjacent to required by the employer to work on any workshop, depot, yard, pumping a Saturday and/or Sunday— station, treatment works, port instal- (i) When cooking for eight men or lation, camp headquarters, nursery or less (including the cook) one- other similar establishment. fifth of the weekly loaded rate prescribed per day. (b) Gardening operations. (ii) When cooking for more than (3) If any worker referred to in subclause 1 eight men, time and a half of hereof is employed on construction work (as one-fifth of the weekly loaded defined) for less than one week, he shall be rate prescribed per day. Pro- paid for each day so employed, one-fifth of vided that cookhouse personnel the said allowance., shall not be paid under this (4) Payment of this allowance shall not be paragraph when cooking for included in any payment for Public Holidays, themselves only. annual leave, sick leave, long service leave and (c) When cooking on a holiday: Cook- shall not be included in the penalty calcula- house personnel required to work on a tions of overtime or shift work. holiday shall be paid therefor at the rate of time and a half of one-fifth of WYNDHAM MEAT WORKS. the above prescribed weekly loaded Award No. 10 of 1946. rates. BEFORE THE WESTERN AUSTRALIAN (d) Workers under this Part shall be ex- INDUSTRIAL COMMISSION. cluded from the operation of clause 16.—Hours, 18.—Overtime, and 20.— No. 28 of 1967. Public Holidays. Between Coastal District Committee, Amalgamated Engineering Union Association of Workers, PART 17.—Gangers (margin per week) : Applicant, and Wyndham Freezing, Canning Gangers appointed as such by the employer and Meat Export Works, Respondent. shall be paid in accordance with the following HAVING heard Mr J. Mutton on behalf of the grades:— applicant and Mr L. E. Boylan on behalf of the $ respondent, and by consent, I, the undersigned, Grade 5 8.00 Chief Industrial Commissioner of The Western Grade 4 9.20 Australian Industrial Commission, in pursuance of Grade 3 10.30 the powers contained in section 92 of the Industrial Grade 2 11.40 Arbitration Act, 1912-1966, and all other powers Grade 1 ...... 12.70 therein enabling me, do hereby order and declare— Special 13.80 That the Wyndham Meat Works Award, No. 10 of 1946, as amended and consolidated, be PART 18.—Construction Work Allowance: and the same is hereby further amended in (1) Subject to the provisions of this part, accordance with the following schedule and workers specified in Parts 2, 6, 14, 16 and 17 of such amendment shall take effect as from the this clause shall be paid an allowance at the beginning of the first pay period commencing rate of two dollars per week to compensate on or after the date hereof. for the following disabilities whilst actually Dated at Perth this 27th day of January, 1967. engaged on construction work on site (as de- (Sgd) S. F. SCHNAARS, fined) :— LL.S.l Commissioner. (a) Climatic conditions where working in open on all types of work. Schedule. (b) The physical disadvantages of having Part XXII—Engineering Department: Delete to climb stairs or ladders. clause 56—Rates, and insert in lieu thereof: (c) Dust blowing in the wind on construc- tion sites. 56.—Rates. Margin over basic wage per week: $ (d) Sloppy or muddy conditions. Blacksmith, coppersmith 23.00 (e) Dirty conditions. Welder—special class 24.00 (f) Drippings from newly poured concrete. "Welder—special class" means a (g) The disability of working on all types tradesman using electric arc and/or of scaffold other than a single plank oxy-acetylene equipment and who is or bosun's chair. required to, and is competent to apply general trade experience in welding all (h) The lack of usual amenities associated the following classes of metals: Mild with factory work. steel, stainless steel, cast iron, alumin- (i) All other present disabilities not ium, copper, brass, diecast metal and specifically compensated or allowed magnesium. for by any other provision of this Welder—first class 22.50 awai'd. Fitter, automotive electrical fitter, turner, electrical fitter and/or armature wind- (2) "Construction work" for the purpose of er, boilermaker, moulders 22.50 subclause (1) hereof shall mean and include Motor mechanic 22.50 all work performed on site on the construction, Blacksmith's striker 11.15 alteration, repair or maintenance of roads, Tradesman's assistants 11.15 reservoirs and drainage works, pipelines, water All other employees 9.20 and sewerage mains and services. Plumber's labourer 10.70 22 March, 1967,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 149

WOOL SCOURING AND FELLMONGERY. AWARDS- Award No. 32 of 1959. BEFORE THE WESTERN AUSTRALIAN Application for Amendment of— INDUSTRIAL COMMISSION. SIGNALMEN, MASTERS, ENGINEERS AND No. 195A of 1965. LAUNCH DRIVERS. Between Federated Miscellaneous Workers' Union of (Fremantle Port Authority.) Australia, West Australian Branch, Union of Award No. 7 of 1953. Workers, Applicant, and Jandakot Wool Scour- ing Co. Pty Ltd, and others, Respondents. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. HAVING heard Mr W. Latter on behalf of the ap- plicant and Mr D. Hosking on behalf of the re- spondents, and by consent, I, the undersigned, No. 473 of 1966. Chief Industrial Commissioner of The Western Between Merchant Service Guild of Australia, Australian Industrial Commission, in pursuance of Western Australian Section, Union of the powers contained in section 92 of the Industrial Workers, Applicant, and the Commissioners Arbitration Act, 1912-1966, and all other powers of the Fremantle Port Authority, Respondent. therein enabling me, do hereby order and declare— Before Mr Commissioner J. R. Flanagan. That the Wool Scouring and Fellmongery The 3rd day of March, 1967. Industry Award, No. 32 of 1959, as amended, Mr B. Foley on behalf of the applicant. be and the same is hereby further amended in Mr J. Collins on behalf of the respondent. accordance with the following schedule and that such amendment shall take effect as from Judgment. the beginning of the first pay period commenc- ing on or after the date hereof. THE COMMISSIONER: This is an application by the Merchant Service Guild to amend the Fre- Dated at Perth this 3rd day of February, 1967. mantle Harbour Trust (Signalmen, Masters, Engi- neers and Launch Drivers) Award 1954, as (Sgd) S. F. SCHNAARS, amended. [L.S.l Commissioner. By this application No. 473 of 1966 increases are sought in the marginal rates for masters and sig- nalmen and in the crib time special allowance, to- Schedule. gether with the inclusion of a provision for com- Clause 21.—Special Rates and Provisions: Delete pulsory unionism under the heading of "Guild subclause (k) and insert in lieu thereof:— Membership". (k) Shift bosses shall be paid two dollars In an application No. 343 of 1966 filed with the and thirty cents per week in addition to the Commission on the 27th September, 1966, a claim rates prescribed in the wages clause. for a marginal rate of twenty dollars was made for the classifications of masters, engineers and Clause 22.—Wages: Delete this clause and insert signalmen and an increase from five shillings to in lieu thereof:— one dollar was sought in respect of a crib time 22.—Wages. special allowance. (a) Basic Wage (per week): $ The authorisation of this application was made, Males 33.50 according to the certificate filed, at a meeting of Females 25.13 the governing body of the applicant union held at (b) Adult Males (Margin over basic wage Fremantle on the 12th September, 1966, at which per week): the following resolution was carried:— That the Secretary be authorised and is Wool Scourer (man in charge of a hereby authorised to apply to the Industrial machine) 9.00 Commission to amend clause 10 and clause Leading hand in charge of a press 13 of Award No. 7 of 1953. or grease separator .... 7.60 Clauses 10 and 13 refer to Rates of Pay and Centre hand (man responsible for Special Allowances respectively. The respondent cleaning wool trays, watching Fremantle Port Authority filed an answer on the machines and separator and re- 12th October, 1966, objecting to the claim on the lieving wool scourer) 7.60 basis that existing clauses should remain unaltered. All others 7.15 A request for a date of hearing was received by (c) Junior Workers (Male) (per cent, of the Commission from the Secretary of the Mer- male basic wage per week): chant Service Guild on the 9th November, 1966. % indicating under the head note "Consent Amend- 14 to 15 years of age 30 ment 7/1953" that— 15 to 16 years of age 40 an amended schedule will be lodged by the 16 to 17 years of age 50 respondent, the Commissioners of the Fre- 17 to 18 years of age 65 mantle Port Authority. 18 to 19 years of age 80 The matter was set down for hearing on the 18th November, 1966, before this Commission and 19 to 20 years of age 95 Mr Foley for the applicant union is reported in 20 to 21 years of age 100 the transcript of those proceedings as follows:— (d) Casual hands shall be paid at the rate of . . . this is an application to amend Award fifteen per cent, in addition to the rates pre- 7 of 1953 for masters, engineers and sig- scribed herein. nalmen. Agreement has been reached and I 150 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

ask that the Commission grant it in the terms uncontested statement by Mr Collins on the 18th of the amended schedule which has been sub- November, 1966, that "this agreement is in full mitted. settlement of claim 343 of 1966" was mistakenly In subclause (b) Margins of the schedule sub- overlooked or misinterpreted by the applicant on mitted, classifications and rates were expressed as the 15th December, 1966, when engaged on the follows:— preparation of Application No. 473 of 1966. The applicant was apparently under the im- Masters and Signalmen $14.95 pression that the dispute involving initially a Engineers .... $19.25 claim of a twenty-dollar margin for masters, Mr Collins appearing for the respondent is re- engineers and signalmen had not been entirely re- ported as saying— solved on the 18th November with the engineer's margin being increased to nineteen dollars and The Port Authority are in agreement with twenty-five cents. the award being amended in accordance with the schedule as submitted. If Mr Foley did, in fact, believe that the "settle- ment of claim 343 of 1966" referred to by Mr I would like to mention that this agreement Collins should have been qualified by the words, is in full settlement of claim 343 of 1966. And "but only to the extent that it applies to the the reason the Port Authority agree to the classification of 'engineer'"", then the position claim is that basically these engineers are fit- should have been made clear during those pro- ters and the increase in their margin of $4.30 ceedings. is in line with the increases recently granted Subsection (1) of section 107 of the Act, to by the Commission. (The underlining is mine.) which earlier reference has been made, reads:— The parties did not deem it necessary to make No industrial matter (including any appli- any further comment at the speaking to the min- cation for the enforcement of any industrial utes which immediately followed, whereupon the agreement or award) or dispute shall be refer- award was amended in the terms of the schedule red to the Commission by an industrial union as submitted. or association otherwise than pursuant to a The effect of increasing the margin of an engi- resolution of the governing body of such in- neer in this award was to alter the previous rela- dustrial union or association. tionship of parity of marginal rates with masters This is a fundamental statutory obligation and and signalmen which had been maintained in if there are circumstances which strongly suggest principle for the past twenty-five years. that an application is defective or has been im- properly made because an applicant does not pos- In application No. 90 of 1967 the award was sess a valid authorisation, the Commission is left further amended by consent on the 10th February, with no alterntive than to dismiss the applica- 1967, wherein the margin for masters and signal- tion. men t was increased to sixteen dollars and fifteen cents and to twelve dollars and ninety-five cents It is true that in the exercise of its jurisdic- in respect of launch drivers in accordance with tion under section 69 the Commission, inter alia, the percentage increases awarded by decision of "shall act . . . without regard to technicalities or the Commonwealth Commission in the Federal legal forms", but this power to waiver cannot Metal Trades Award. The present application extend or be used to negate an explicit basic statu- No. 473 of 1966 was filed on the 15th December, tory obligation. 1966, and sought, inter alia, the deletion of the In considering the question of jurisdiction as re- then existing subclause, in which differing margins lated to this particular requirement as expressed were expressed, to be replaced with a margin of in the Industrial Conciliation and Arbitration Act nineteen dollars and twenty-five cents for of 1902, the learned President of the time observed "Masters, Engineers and Signalmen". in the course of his decision in the Metropolitan This application was accompanied, consistent and South West Engineers' Union v. Bunning with the requirements of subsection (1) of sec- Bros. Ltd. case ((1910) 9 W.A.A.R. 11 at p. 18)— tion 107 of the Industrial Arbitration Act, 1912- Where a statute provides the conditions 1966, with a declaration to the effect that the which are precedent to the jurisdiction of this appropriate resolution had been carried and by Court arising, those conditions obviously must which the Secretary was authorised by the govern- be complied with before the Court can move. ing body of the applicant union "to apply to the Industrial Commission to amend Award No. 7 He went on the quote with approval Maxwell's book of 1953." which dealt with conditions precedent to jurisdic- tion and which he said was the authority used by However, this resolution of authorisation was all lawyers on the interpretation of Statutes, which purported to have been passed at the same properly says— constituted meeting on the 12th September, 1966, that had authorised the Secretary to apply to Where the act or thing required by the amend the award which resulted in the filing with Statute is a condition precedent to the juris- the Commission of Application No. 343 of 1966, diction of the Court, compliance with that and which had been finalised on the 18th Novem- condition cannot be dispensed with. If it be ber, 1966. impossible to comply with the condition, the jurisdiction of the Court absolutely fails. It would impose too great a strain on the bounds of credibility to accept as a fact that such was the In view of the foregoing considerations, I have case. concluded that the application is not properly be- fore the Commission and is therefore not capable Although I am not suggesting that the appli- of being determined in these proceedings. cant consciously and deliberately misrepresented the position, I am inclined to the view that the Decision accordingly. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 151

when they shifted into the new building in Hay AWARDS-Interpretation of- Street? If that question can be answered in the POLICE. affirmative, then and only then does one go on to find out which of those officers would come within Award No. 2 of 1966. paragraphs (a), (b) or (c) and be entitled to (Re Transfer Allowances—Shifting of Lock-up allowances because a change of residence was also Keeper, Perth to New Premises.) necessary. It is important to recognise that a BEFORE THE WESTERN AUSTRALIAN change in residence is not the initial factor to con- INDUSTRIAL COMMISSION. sider. There is, in my opinion, a substantial difference No. 463 of 1966. in workers shifting into a new building and Between Western Australian Police Union of workers being transferred from one station to an- Workers, Applicant, and Hon. Minister for other. A station, for the purposes of this award, is Police, Respondent. not merely a building; it is the headquarters from Before the Chief Industrial Commissioner S. F. which certain activities are pursued or controlled, Schnaars, Esq. and a new building to replace a former building does not constitute another station. It is the same The 3rd day of March, 1967. station situated in a different locality. Mr J. C. Pereira on behalf of the applicant. The question must be answered in the negative Mr L. E. Boylan on behalf of the respondent. but in so doing I would point out that the award does not make any provision for the shifting of Judgment. the lock-up keeper's effects under the circum- THE COMMISSIONER: In this matter the above- stances here involved, and consequently there is named applicant has sought an interpretation of room for conciliation between the parties to Award No. 2 of 1966. The question reads- resolve any genuine hardship or inconvenience Is the shifting of the lock-up keeper from which may have arisen. the lock-up keeper's quarters in Roe Street to Decision accordingly the lock-up keeper's quarters in Hay Street deemed to be a transfer for the purpose of entitlement to payment provided under Police Award No. 2 of 1966, clause 12, Transfer, Allowances, subsections (2), (3) and (5). AGREEMENTS-INDUSTRIAL^ Clause 12 (1) reads— (1) Employees transferred from one station Registered— to another— CARAVAN BUILDING (a) in the public interest; or (b) in the ordinary course of promotion (Caravan Industries Pty. Ltd.) and transfer; or INDUSTRIAL AGREEMENT (c) on account of illness due to causes No. 2 of 1966 over which the employee has no con- trol; (Registered 16th February, 1967.) shall, if the transfer necessitates a change in THIS Agreement made in the pursuance of the the place of residence of the employee, be Industrial Arbitration Act, 1912-1964, this 15th paid allowances in accordance with the fol- day of December 1966, between Caravan Industries lowing provisions of this clause. Pty. Ltd., on the one part and The West Australian The facts which gave rise to this interpretation Vehicle Builders Industrial Union of Workers of the are— other part, witnesseth that, for the consideration hereinafter appearing the parties hereto mutually (1) A lock-up keeper was employed and pro- covenant and agree one with the other as follows:— vided with living quarters at the Perth Central Police Station. 1—Title (2) A new building was erected in Hay Street This Agreement shall be known as the "Caravan and the old premises closed. The per- Industries Agreement, 1966." sonnel, including the lock-up keeper, em- ployed at the Roe Street Centre were 2—Arrangement shifted to the Hay Street premises. 1. Title.. (3) The lock-up keeper was provided with 2. Arrangement. living quarters at the new premises and 3. Area. his furniture and effects were shifted at 4. Scope. the expense of the Department. 5. Term. The applicant contended that a transfer from 6. Application. one station to another was involved, and as that transfer necessitated a change in residence all of 3—Area the appropriate allowances referred to in clause 12 This Agreement shall apply to the area governed became payable. or controlled by Caravan Industries Pty Ltd. Consideration of paragraphs (a), (b) and (c) of subclause (1) and the provisions relating to 4—Scope change of residence are secondary considerations This Agreement shall apply to all persons to the extent that they only become important employed in caravan and vehicle building and once one has firstly concluded that a transfer from repairing and contained in the classification one station to another has been involved. In the appearing in Award No. 8/1955 (as amended.) application of these provisions it is necessary to firstly ask the question—were all the officers pre- 5—Term viously employed at the Perth Central Police The term of this agreement shall be for one Station transferred from one station to another month commencing from the registration hereof. 152

6—Application "Port Day" shall mean any day on which a ves- All the provisions of Award 8/1965 as amended sel is in harbour for the purpose of maintenance from time to time shall be where applicable, or repair, or is prevented from whaling by rough deemed to apply to this agreement. weather or any other cause. In witness whereof the parties hereto have "Port Rate" shall mean the rate payable on a hereunto set their hands and seals the day and Port Day. year first hereinbefore written. "Whaling Day" shall mean any day on which a The Common Seal of Cara- vessel proceeds to sea on whaling operations. van Industries Pty. Ltd., "Whaling Rate" shall mean the rate payable on was hereto affixed in the a Whaling Day. presence of:— 4.—Area. N. K. GILLON, This agreement shall operate over that area in Director. which the Company is carrying out whaling opera- [L.S.] tions off the coast of Albany, Western Australia. F. W. REYNOLDS, Secretary. 5.—Scope. The Common Seal of The West Australian Vehicle This agreement shall apply to all crew members Builders Industrial Union of Workers was hereto below the rank of Ships' Officer who are employed affixed in the presence of— by the Company on whaling operations. G. E. WILSON, President. 6.—Term. CL.S.l The term of this agreement shall be from March R. L. JONES, 1st, 1967, until the completion of the 1967 Whaling Secretary. Season. 7.—Hours. (1) Port Days: WHALING. (a) Eight hours shall constitute a day's work (Catcher Orews.) to be worked between the hours of 8 a.m. to 5 p.m. on any day Monday to Friday INDUSTRIAL AGREEMENT. inclusive. No. 5 of 1967. (b) Subject to the provisions of this subclause, all work done beyond the ordinary working- (Registered 24th February, 1967.) hours on any day, Monday to Friday, in- THIS agreement made in pursuance of the Indus- clusive, shall be paid for at the rate of trial Arbitration Act, 1912-1963, this 23rd day time and one-half for the first three of February, 1967, between the Australian Workers' hours and double time thereafter. Union, Westralian Branch, Industrial Union of (c) Work done on Saturdays after 12 noon Workers (hereinafter referred to as the Union) of or on Sundays or on any day prescribed the one part and Cheynes Beach Whaling Co. as a holiday under this agreement, shall (1963) Pty Ltd (hereinafter referred to as the be paid for at the rate of double time. Company) of the other part, witnesseth as fol- Provided that all work done on Saturdays lows:— prior to 12 noon shall be paid for at the 1.—Title. rate of time and one-half for the first This agreement shall be known as "The Cheynes four hours and double time thereafter. Beach Whale Catcher Crews Agreement 1967". (d) In the calculation of overtime rates each day shall stand alone, provided that when 2.—Arrangement. a worker continues working beyond mid- 1. Title. night on any day, the hours worked after 2. Arrangement. midnight shall be counted as part of the 3. Definitions. previous day's work for the purpose of cal- 4. Area. culating the rates to be paid. 5. Scope. (e) For the purpose of this clause forty hours 6. Term. shall comprise a week's work. 7. Hours. (f) When a worker is recalled to work after 8. Wages. leaving the job he shall be paid for at 9. Boiler Work. least three hours at overtime rates. 10. Bonus Rates. 11. Board of Reference. (2) Whaling Time: 12. Holidays. (a) The working week whilst whaling opera- 13. Annual Leave. tions are being carried out shall consist 14. Contract of Service. of seven days, Monday to Sunday inclu- 15. Absence through Sickness. sive, and on such days crew members shall 16. Messing and Accommodation. work such hours as are necessary for the 17. Preference. successful execution of whaling operations, 18. Long Service Leave. provided that on any day on which a ves- sel commences whaling operations and re- 3.—Definitions. turns to port through weather conditions, "Whaling Season" shall mean the period from or any other reasons, prior to the elapse the day the Company commence whaling opera- of ten hours from standby, crew mem- tions, continuing until at least forty-eight hours bers may be employed, at the discretion after the last whale, to be nominated by the Com- of the Company, until such ten hours has pany, has been taken. elapsed. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 153

(b) The Master of each vessel shall deter- (2) The rate of wage for a cook shall mine each day's whaling time and no be:— $ overtime shall be payable, except as (a) Whilst messing (per week) .... 69.70 hereunder provided:— (b) When messing is discontinued in (i) Deck Crew: On returning to port after accordance with clause 16 (a) the completion of a whaling day all (per week) 40.20 work performed after berthing, other (3) The rate of wage for deck boys shall than work in connection with the re- be:— provisioning of the vessel shall be paid (a) 18 years of age and under— for at port overtime rates, provided (i) Port Rate (per week) .... 20.10 that if the reprovisioning of the ves- (ii) Whaling Rate (per week) .... 23.93 sel extends beyond one hour after (b) Over 18 years of age— berthing, all work performed after (i) Port Rate (per week) .... 40.20 such time shall be paid for at port (ii) Whaling Rate (per week) .... 71.80 overtime rates. (4) The above rates are inclusive of a (ii) Engine Room: On returning to port Basic Wage (per week) 33.50 after the completion of a whaling day 9.—Boiler Work, etc. all work performed in the engine room after berthing shall be restricted to For any of the following work, an employee shall, work of an urgent or emergency in addition to any other ordinary or overtime nature, provided that all such work rate payable under this agreement, be paid at the performed after the reprovisioning of rate of 25 cents per hour for the time so occu- the vessel has been completed or con- pied :— tinues beyond one hour after berthing, (a) Working inside boilers or furnaces. whichever be the shorter period, shall (b) Cleaning tubes (except tubes of water be paid for at port overtime rates. tube boilers, unless cleaning is performed from inside the steam or water drums or (c) (i) Crew members shall be granted one other confined spaces), uptakes or smoke day off in each two weekly period, boxes where doors have to be opened. payment for such day to be made at (c) Cleaning bilges (including rose boxes) and Port Rate. coffer dams. tii) Whales caught by the catcher on Cd) Protective or alternative clothing shall be which he is employed, on a crew supplied to workers engaged on the above- member's day off shall be credited to mentioned duties. such crew member and be paid for in accordance with the provisions of 10.—Bonus Rates. clause 10. (1) Head Bonus: The company shall pay to each crew member of each catcher, for each legal (3) Station Bunkering: length whale of either baleen or sperm variety, fa) When a catcher is required to deliver fuel delivered to the Station Whale Buoy, a "head" oil to the Station or to standby a vessel bonus as set out in Schedule "A" hereunder. Such receiving whale oil for overseas shipment, "head" bonus shall be paid weekly. that day shall be counted as a whaling day and in addition crew members of such Schedule "A". catcher shall be credited, in respect to Based on Collective Catch—All Catchers. both "head bonus" and "end of season bonus" with the number of whales caught Whales Caught. Rate per Whale. by the whaling vessels during such $ bunkering period. 1- 75 0.30 76-150 0.40 (b) Whilst on bunkering duties, all work per- 151-225 0.50 formed after the berthing of the whaling 226-300 0.60 vessel shall be paid for at the rate apply- 301-375 0.65 ing to the crew of such vessel, as deter- 376-450 0.70 mined by subclauses 2 (b) (i) and (ii) of 451-600 0.75 this clause. 601-650 0.80 (4) Ship Watching: All ship watching performed 651-700 0.90 outside of ordinary working hours shall be paid Over 700 1.00 for at the rate of time and one-quarter with the (2) End of Season Bonus: The Company shall exception of Sundays and public holidays when the pay to each crew member for each legal length rate of time and one-half shall apply, provided whale of either baleen or sperm variety credited that a worker required to perform watching duty to the catcher on which he is employed, during his after the completion of an ordinary shift and such period of employment on such catcher, an "end watching duty extends through to the commence- of season" bonus as set out in Schedule "B" here- ment of the next succeeding ordinary shift shall under, provided that:— be relieved from duty not later than noon on such (a) The Company takes in excess of three next succeeding ordinary shift without deduction hundred legal length whales, all types in- of pay. cluded. On the three hundredth whale being taken the additional bonus will 8.—Wages. accrue for all whales credited to the (1) The rate of wage for seamen and fire- catcher upon which and for that period men shall be:— during which a crew member is employed $ and will continue to accrue for all addi- (a) Port Rate (per week) 40.20 tional whales taken until the end of the (b) Whaling Rate (per week) ... 71.80 season. (7)—33512 154

(b) A crew member who terminates his em- (2) The preceding clause does not apply when ployment prior to the end of the season the last, whale of the season has been nominated for reasons not acceptable to the Com- by the Company, in which case two days' notice pany shall forfeit his "end of season" of termination of engagement shall apply. bonus. Should any dispute arise regard- (3) This clause does not affect the right to dis- ing this clause the Union shall have the miss for misconduct. right to refer the matter to a Board of Reference. 15.—Absence through Sickness. (1) A crew member shall be entitled to pay- Schedule "B". ment for non-attendance on the grounds of per- Based on Catcher's Individual Catch. sonal ill-health for one-twelfth of a week's pay Whales Caught. Rate per Whale. for each completed month of service. Payment hereunder may be adjusted at the end of the $ season or at any time the crew member leaves 1- 25 0.40 the service of the Company. 26- 50 0.50 51- 75 0.60 (2) This clause shall not apply when the crew 76-100 0.70 member is entitled to compensation under the 101-125 0.80 Workers' Compensation Act. 126-150 0.90 (3) All sick leave unclaimed shall be paid to 151-200 1-00 the crew member on termination of employment 201-250 1.20 or at the end of the season. Over 250 1.50 16.—Messing and Accommodation. 11.—Board of Reference. (1) Messing and accommodation, including bedding, shall be provided by the Company whilst Any dispute concerning the termination of whaling, provided that for any non-whaling period employment as referred to in subclause (2) (b) of in excess of five continuous days, messing shall be clause 10 hereof, or hours of work in excess of discontinued. those usually worked during the seasons covered by previous agreements shall be referred to a (2) All bedding and linen shall be signed for by Board of Reference which shall consist of a repre- each crew member. Failure to return same at sentative of the workers concerned and a repre- termination of service may be treated by the Com- sentative of the employer, presided over by an pany as lost and cost thereof be paid by the crew independant Chairman who shall be appointed by member concerned. the parties to this agreement. 17.—Reference. 12.—Holidays. (1) In this clause, the term "Unionist" means (1) The following days or the days observed in a worker who is a financial member of the Aus- lieu, shall subject to subclause (2) hereof, be al- tralian Workers' Union, Westralian Branch, Indus- lowed as holidays without deduction of pay, trial Union of Workers. namely, New Year's Day, Australia Day, Good Fri- (2) In engaging or dismissing labour preference day, Easter Monday, Anzac Day, Labour Day, of employment shall be given to Unionists, pro- Foundation Day, Sovereign's Birthday, Christmas vided that such unionists are adequately experi- Day and Boxing Day. enced in the class of work to be performed and are (2) A crew member required to work on any of otherwise competent to perform the work: Pro- the foregoing days shall be paid an additional vided further that it shall be a defence on the part day's pay at Port rates. of the Company charged with engaging a worker other than a "Unionist" when a "Unionist" was available for such engagement, that the Company, 13.—Annual Leave. having made enquiries from the Union, did not (1) A crew member shall be entitled to annual know that any "Unionist" competent to perform leave at Port rates, at the rate of one-quarter the class of work involved was available. of a week's pay for each month of continuous ser- (3) Any worker whose application for member- vice. ship of the Union has been refused shall be so ad- (2) Any time in respect of which a crew mem- vised by the Union in writing and shall have the ber is absent from work, except time for which right of appeal within seven days of being so ad- he is entitled to claim sick pay, or time spent on vised to the Industrial Registrar whose decision holidays, annual leave, or long service leave, as on such matter shall be final. Such worker who prescribed, shall not count for the purpose of has exercised his right of appeal shall, pending determining his right to annual leave. the decision of the Industrial Registrar, have the (3) A crew member who is justifiably dismissed same rights under this clause as a "Unionist". for misconduct shall not be entitled to the bene- (4) Subject to subclause (5) hereof, workers fits of the provisions of this clause. who are not "Unionists" shall within seven days of (4) If any prescribed holiday falls within a being supplied with the necessary application form worker's period of annual leave, there shall be for membership and a copy of this clause, by an added to that period one day, being an ordinary accredited representative of the Union, apply in working day, for each such holiday observed. the prescribed manner for membership and, if accepted as a member, maintain financial mem- 14.—Contract of Service. bership whilst employed by the Company. (1) The contract of service shall be by the week (5) Exemptions: and shall be terminable by one week's notice given (a) Any worker may apply in writing to the on either side on any day. If the Company or the Industrial Registrar, Industrial Commis- crew member fails to give the required notice, sion, Perth, (whose decision shall be final) one week's wages shall be paid or forfeited. for exemption from this clause. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(b) An applicant for exemption shall detail WHALING (SHORE STATION). in the application to the Industrial Regis- INDUSTRIAL AGREEMENT. trar his reasons for desiring exemption, and such application shall only be valid No. 4 of 1967. and considered by the Industrial Regis- (Registered 24th February, 1967.) trar if it is forwarded by registered post within seven days of the applicant's re- This agreement made in pursuance of the In- ceipt of the application for membership dustrial Arbitration Act, 1912-1963, this 23rd day as prescribed in subclause (4). of February, 1967, between the Australian Workers' Union, Westralian Branch, Industrial Union of (c) The Industrial Registrar in the exercise Workers (hereinafter referred to as the Union) of of his discretion may grant exemption the one part and Cheynes Beach Whaling Co. (1963) with such conditions as he deems desir- Pty Ltd (hereinafter referred to as the Company) able:— of the other part, witnesseth as follows:— (i) If the applicant is a financial mem- ber of any other registered indus- 1.—Title. trial union; This agreement shall be known as "The Cheynes (ii) if the worker objects on the grounds Beach Whaling Shore Station Agreement, 1967". of conscientious religious belief to becoming a member of any indus- 2.—Arrangement. trial union; 1. Title. (iii) for any other reason which the In- 2. Arrangement. dustrial Registrar deems sufficient. 3. Area and Scope. (d) A worker refused exemption by the Indus- 4. Term. trial Registrar, shall within seven days 5. Contract of Service. 6. Wages. of the decision, make application for 7. Hours. membership of the Union and if accepted 8. Overtime. as a member, maintain financial member- 9. Rest Period over Overtime. ship whilst employed by the Company. 10. Shift Work. (6) The Company shall not, while to its know- 11. Holidays. ledge adequately experienced unionists competent 12. Annual Leave. to perform the class of work are available, retain 13. Sick Leave. in its employment any worker for a period of more 14. First Aid. than seven days after being advised by the Union 15. Time and Wages Record. that such worker has not complied with either 16. Preference. subclause (4) or paragraph (d) of subclause (5) 17. Long Service Leave. of this clause, or for a period of more than seven 18. Special Rates and Provisions. days after a conviction for a breach of this clause in reference to the employment of such worker, 3.—-Area and Scope. or for a period of more than seven days after the Company has been advised by the Union that the This agreement shall operate over that area worker has not exercised his right of appeal under occupied by the Company at Albany and shall subclause (3) hereof folllowing the rejection of his apply to workers classified in clause 6 hereof. application for membership or having exercised such appeal has had such appeal rejected by the Industrial Registrar. The term of this agreement shall be from March 1st, 1967, until the completion of the 1967 Whaling 18.—Long Service Leave. Season. The long service provisions published in Volume 5.—Contract of Service. 45 of the Western Australian Industrial Gazette (1) The contract of service shall be by the week at pages 15 to 21, inclusive, are hereby incorporated and shall be terminable by one week's notice given in and shall be deemed to be part of this agree- on either side or any day. If the Company or the worker fails to give the required notice, one week's ment. wages shall be paid or forfeited. (2) This clause does not effect the right to dis- miss for misconduct. In witness whereof the parties hereto have hereunto set their hands and seals the day and 6.—Wages. year first hereinbefore written. The minimum rates of wages payable to workers The Common Seal of the covered by this agreement shall be as follows:— Australian Workers' Union, $ Westralian Branch, Indus- (1) Basic Wage (per week) 33.50 trial Union of Workers, (2) Classification and margin (per week) — was hereto affixed in the (a) Dryer operator 7.60 presence of— (b) Separator operator 7.60 H. BARRY, (c) Decanter operator 7.60 [L.S.] President. (d) Solubles operator 7.60 F. V. MITCHELL, (e) Boatman 9.00 Secretary. (f) Driver hygiene 8.60 Signed for and on behalf 7.—Hours. of Cheynes Beach Whal- (1) The ordinary working hours shall be worked ing Co. (1963) Pty. Ltd. between Monday and Friday inclusive and shall not in the presence of— exceed forty in any one week or eight hours in any S. M. REILLY, one day. 156

(2) The meal interval shall not exceed one 10.—Shift Work. hour. When the work is performed on shifts the load- (3) When a night shift is worked, the ordinary ing on the ordinary rate of pay for night shift hours of such shift shall be inclusive of a twenty shall be ten per cent. minute crib time which shall be taken in relays at such times as not to cause a stoppage of work. 11.—Holidays. (1) The following days, or the days observed in 8.—Overtime. lieu, shall subject to subclause (2) of clause 8 (1) Subject to the provisions of this subclause, hereof, be allowed as holidays, without deduction all work done beyond the ordinary working hours of pay, namely:—New Year's Day, Australia Day, on any day, Monday to Friday, inclusive, shall be Good Friday, Easter Monday, Anzac Day, Labour paid for at the rate of time and one half for the Day, Foundation Day, Sovereign's Birthday, Christ- first three hours and double time thereafter. mas Day and Boxing Day. Provided that another (2) Work done on Saturdays after 12 noon or on day may be taken as a holiday by arrangement Sundays or on any day prescribed as a holiday between the parties, in lieu of any of the days under this agreement, shall be paid for at the rate named in the subclause. of double time. Provided that all work done on (2) Where Christmas Day or New Year's Day Saturdays prior to 12 noon shall be paid for at the falls on a Saturday or a Sunday, such holiday shall rate of time and one half for the first four hours be observed on the next succeeding Monday and and double time thereafter. where Boxing Day falls on a Sunday or a Monday (3) Overtime on shift work shall be based on the such holiday shall be observed on the next succeed- rate payable for shift work. ing Tuesday; in each such case the substituted day (4) A worker required to work overtime for shall be deemed a holiday without deduction of pay more than two hours, without being notified on in lieu of the day for which it is substituted. the previous day or earlier that he will be so re- quired to work, shall be supplied with a meal by 12.—Annual Leave. the Company. (1) Except as hereinafter provided, a period of (5) (a) The Company may require any worker to three consecutive weeks leave with payment of work reasonable overtime at overtime rates and ordinary wages as prescribed shall be allowed such worker shall work overtime in accordance annually to a worker after a period of twelve with such requirement. months continuous service. (b) No organisation party to this agreement, or (2) If any prescribed holiday falls within a worker or workers covered by this agreement, shall worker's period of annual leave and is observed on in any way, whether directly or indirectly, be a a day which in the case of that worker would have party to or concerned in any ban, limitation or res- been an ordinary working day there shall be added triction upon the working of overtime in accor- to that period one day being an ordinary working dance with the requirements of this subclause. day for each such holiday as aforesaid. (6) In the calculation of overtime rates, each (3) If after one month's continuous service in day shall stand alone. Provided that, when a any qualifying twelve-monthly period a worker worker continues working beyond midnight on any lawfully leaves his employment, or his employment day, the hours worked after midnight shall be is terminated by the Company through no fault of counted as part of the previous day's work for the the worker, the worker shall be paid one-quarter purpose of calculating the rates to be paid. of a week's pay at his ordinary rate of wage in (7) When a worker is recalled to work after respect of each completed month of continuous leaving the job he shall be paid for at least three service. hours at overtime rates. (4) Any time in respect of which a worker is (8) When a worker is required to hold himself absent from work except time for which he is en- in readiness for a call to work after ordinary hours, titled to claim sick pay or time spent on holidays he shall be paid at ordinary rates for the time he or annual leave prescribed by this agreement shall so holds himself in readiness. not count for the purpose of determining his right to annual leave. 9.—Rest Period over Overtime. (5) In the event of a worker being employed by (1) When overtime work is necessary it shall, the Company for portion only of a year, he shall wherever reasonably practicable, be so arranged only be entitled, subject to subclause (3) of this that workers have at least eight consecutive hours clause, to such leave on full pay as is proportion- off duty between the work of successive days. ate to his length of service during that period with (2) A worker who works so much overtime the Company, and if such leave is not equal to the between the termination of his ordinary work on leave given to the other workers he shall not be one day and the commencement of his ordinary entitled to work or pay whilst the other workers work on the next day that he has not at least of the Company are on leave on full pay. eight consecutive hours off duty between those (6) A worker who is justifiably dismissed for times shall, subject to this subclause, be released misconduct shall not be entitled to the benefit of after completion of such overtime until he has had the provisions of this clause. eight consecutive hours off duty without loss of pay for ordinary working time occurring during 13.—Sick Leave. such absence. (3) If, on the instructions of the Company, such (1) A worker shall be entitled to payment for a worker resumes or continues work without having non-attendance on the ground of personal ill- had such eight consecutive hours off duty he shall health for one-twelfth of a week for each com- be paid at double rates until he is released from pleted month of service; Provided that payment duty for such period and he shall then be entitled for absence through such ill-health shall be limited to be absent until he has had eight consecutive to one week in each calendar year. Payment here- hours off duty without loss of pay for ordinary under may be adjusted at the end of each calendar working time occurring during such absence. year, or at the time the worker leaves the service 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 157 of the Company, in the event of the worker being accredited representative of the Union, apply in entitled by service subsequent to the sickness to a the prescribed manner for membership and, if greater allowance than that made at the time the accepted as a member, maintain financial member- sickness occurred. This clause shall not apply ship whilst employed by the Company. where the worker is entitled to compensation under the Workers' Compensation Act. (5) Exemptions: (a) Any worker may apply in writing to the (2) A worker shall not be entitled to receive any Industrial Registrar, Industrial Commis- wages from the Company for any time lost through sion, Perth, (whose decision shall be final) the result of an accident not arising out of or for exemption from this clause. in the course of his employment, or for any acci- (b) An applicant for exemption shall detail in dent, wherever sustained, arising out of his own the application to the Industrial Registrar wilful default, or for sickness arising out of his his reasons for desiring exemption, and own wilful default. such application shall only be valid and (3) No worker shall be entitled to the benefits considered by the Industrial Registrar if of this clause unless he produces proof satisfactory it is forwarded by registered post within to the Company of sickness, but the Company shall seven days of the applicant's receipt of the not be entitled to a medical certificate unless the application for membership as prescribed absence is for three days or more. in subclause (4). (4) All sick leave unclaimed shall be paid to the (c) The Industrial Registrar in the exercise worker on termination of employment or at the of his discretion may grant exemption with end of the season. such conditions as he deems desirable:— (i) If the applicant is a financial 14.—First Aid. member of any other registered in- dustrial union; The Company shall provide a first aid chest in (ii) if the worker objects on the grounds conformity with the scale prescribed by the of conscientious religious belief to Factories and Shops Act. becoming a member of any indus- trial union; 15.—Time and Wages Record. (iii) for any other reason which the (1) The Company shall keep a record contain- Industrial Registrar deems sufficient. ing— (d) A worker refused exemption by the Indus- (a) The names of all workers employed to trial Registrar, shall within seven days of whom this agreement applies. the decision, make application for member- (b) The class of work performed. ship of the Union and if accepted as a (c) The hours worked (including overtime) by member, maintain financial membership each worker; and whilst employed by the Company. (d) the wages paid (including overtime) to each such worker. (6) The Company shall not, while to its know- ledge adequately experienced unionists competent (2) Such record may be inspected at any time to perform the class of work are available, retain during ordinary working hours by a duly accredited in its employment any worker for a period of more representative of the Union, and he shall be allowed than seven days after being advised by the Union to take extracts therefrom. that such worker has not complied with either sub- clause (4) or paragraph (d) of subclause (5) of 16.—Preference. this Clause, or for a period of more than seven days (1) In this clause, the term "Unionist" means a after a conviction for a breach of this clause in worker who is a financial member of the Australian reference to the employment of such worker, or for Workers' Union, Westralian Branch, Industrial a period of more than seven days after the Company Union of Workers. has been advised by the Union that the worker has (2) In engaging or dismissing labour preference not exercised his right of appeal under subclause of employment shall be given to Unionists, provided (3) hereof following the rejection of his application that such Unionists are adequately experienced in for membership or having exercised such appeal the class of work to be performed and are otherwise has had such appeal rejected by the Industrial competent to perform the work; Provided further Registrar. that it shall be a defence on the part of the Com- 17.—Long Service Leave. pany charged with engaging a worker other than The long service provisions published in Volume a "Unionist" when a "Unionist" was available for 45 of the Western Australian Industrial Gazette such engagement, that the Company, having made at pages 15 to 21, inclusive, are hereby incorporated enquiries from the Union, did not know that any in and shall be deemed to be part of this agreement. "Unionist" competent to perform the class of work involved was available. 18.—Special Rates and Provisions. (3) Any worker whose application for member- (1) Height Money: A worker shall be paid an ship of the Union has been refused shall be so allowance of twenty-five cents for each day on advised by the Union in writing and shall have the which he works at a height of fifty feet or more right of appeal within seven days of being so ad- above the nearest horizontal plane. vised to the Industrial Registrar whose decision on (2) Dirt Money: A worker shall be paid an allow- such matter shall be final. Such worker who has ance of five cents per hour when engaged on work exercised his right of appeal shall, pending the of an unusually dirty nature where clothes are decision of the Industrial Registrar, have the same necessarily unduly soiled or damaged. rights under this clause as a "Unionist". (3) Confined Spaces: A worker shall be paid an (4) Subject to subclause (5) hereof, workers who allowance of eight cents per hour when, because are not "Unionists" shall within seven days of being of the dimensions of the compartment or space in supplied with the nescessary application form for which he is working, he is required to work in a membership and a copy of this clause, by an stooped or otherwise cramped position. 158 [22 March, 1967.

In witness whereof the parties hereto have here- 2.—Special Rates. unto set their hands and seals the day and year (a) A leading hand in charge of— first hereinbefore written. (i) not less than three and not more than ten The Common Seal of the Aus- other workers shall be paid $2.30 per week tralian Workers' Union, extra; Westralian Branch, Indus- (ii) more than ten and not more than twenty trial Union of Workers, was other workers shall be paid $4.45 per week hereto affixed in the pre- extra; or sence of— (iii) more than twenty other workers shall be H. BARRY, paid $6.65 per week extra. President. [L.S.l F. V. MITCHELL, In witness whereof the parties hereto have here- Secretary. unto set their hands and seals the day and year Signed for and on behalf of first hereinbefore written. Cheynes Beach Whaling Co. The Common Seal of the State (1963) Pty. Ltd. in the pre- Executive Australasian Soc- sence of— iety of Engineers Industrial [L.S.l S. M. REILLY, Association of Workers was hereunto affixed in the pre- sence of— R. ANDERSON. Variations of- r. Mcknight. Signed for and on behalf of AGRICULTURAL IMPLEMENT WORKERS. Massey Ferguson (Aust.) (Massey Ferguson.) Ltd., in the presence of—• R. V. NEAVES. Agreement No. 7 of 1964. G. KIRKHAM. INDUSTRIAL AGREEMENT. No. 6 of 1967. (Registered 3rd March, 1967.) BOARDS OF REFERENCE- THIS agreement made in pursuance of the Indus- trial Arbitration Act, 1912-1966, this 28th day of Decisions of— February, 1967, between the Australasian Society of Engineers Industrial Association of Workers SHIP PAINTERS AND DOCKERS. (hereinafter referred to as the union) of one part Award No. 29 of 1960. and Massey Ferguson (Aust.) Ltd (hereinafter re- (Re Claim for Provision of Overalls by Workers ferred to as the employer) on the other part, wit- Using Pneumatic Chipping Machines on nesseth as follows: Whereas the parties hereto External Hull of Whale Chaser "Cheynes 3," at being the parties to the Industrial Agreement made on the 24th day of April, 1964, and numbered 7 of Fremantle.) 1964, have mutually agreed that the said Industrial In the matter of the Ship Painters and Dockers' Agreement be varied, now the said Industrial Agree- Award No. 29 of 1960, and in the matter of ment shall be and the same is hereby varied in the a Board of Reference thereunder. manner following, that it to say:— Before Messrs R. R. Ellis, Chairman; P. L. Troy, 1. Clause 1—Wages: Delete this clause and in- Workers' Representative; and E. Boylan, sert in lieu thereof the following:— Employers' Representative. 1.—Wages. Decision. $ 1. In this matter the Federated Ship Painters (a) Basic Wage (per week) 33.50 and Dockers' Union asked the Board to determine (b) Male Adults (margin over basic wage that workers using the pneumatic chipping per week): machines on the external hull of the whalechaser, Assemblers 4.40 "Cheynes 3," slipped on the South Slip-way, Fre- Assemblers—After two year's ex- mantue, be provided with overalls under clause perience 6.00 32 (a) of the above award. These workers were Agricultural implement and/or comb already provided with the following protective fitters 7.55 clothing—eye shields, gloves and cheese cloth to Agricultural implement and/or comb protect their hair. Clause 32 (a) reads as fol- fitters after two years' experience 8.40 lows;—■ Servicemen 7.55 (a) Goggles and medical pads for use as (c) Male Juniors: The minimum rate of respirators, oilskins, gumboots, sou'-westers, wages to be paid to male junior work- overalls and gloves shall be supplied where the ers shall be (per cent, of basic wage nature of the employment is such as to war- per week): % rant their respective use. Under 16 years of age 26 2. The members of the Union at commence- Between 16 and 17 years of age .... 37 ment of work on Tuesday, 14th February, requested Between 17 and 18 years of age .... 50 the employer to supply overalls. The employer Between 18 and 19 years of age .... 63 refused the request as it was not considered that Between 19 and 20 years of age .... 79 the nature of the employment was such to war- Between 20 and 21 years of age .... 95 rant the supply of same. Negotiations commenced 2. Clause 2—Special Rates: Delete subclause between the employer and the Union and the 2a (i), (ii), (iii) and insert in lieu thereof the fol- matter was referred to the Board for determina- lowing— tion. 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 159

3. It was agreed between the parties that the advocates also act as Board members. REFERENCES OF INDUSTRIAL 4. The Board inspected the work at approxi- DISPUTE- mately 11.30 a.m. and then heard submissions in the matter. Summarizing the submissions of the Preliminary Hearings— union advocate. Mr P. L. Troy, the basis of the claim was that some of the rust being chipped oft COMMISSION AGENTS UNION AND by these machines became finely powdered and TOTALISATOE AGENCY BOARD. also in the rust would be a residue of dry paint with which the vessel had previously been painted. (Objection to and Award being Made in Reference This dust permeated the worker's clothing to the No'd. 34 of 1966.) skin causing damage to the clothing and irrita- BEFORE THE WESTERN AUSTRALIAN tion to the body. INDUSTRIAL COMMISSION. 5. Considerable reference was made to the issue No. 34 of 1966. of the existing award, and in particular to the Between the Commission Agents Union of Workers transcript of the proceedings before the then of Western Australia, Applicant, and the Arbitration Court when award No. 29 of 1960 was Totalisator Agency Board, Respondent, and in issued. The President of the Court in his judgment the matter of an objection, by the respondent, (W.A.I.G. Vol. 41 p. 691) when dealing with the to an award being made, on the grounds re- union's claim for gloves and overalls to be sup- ferred to in paragraph 1 of the respondent's plied to all workers required to work on certain amended answer, namely— tasks, usually of a dirty nature, stated— 1. The Western Australian Industrial . . . The existing clause makes the provision Commission has no jurisdiction to deal with of the protective clothing necessary only when the applicant's claim because by virtue of the nature of the employment is such as to the provisions of the Totalistator Agency warrant the use of the particular item of Board Betting Act, 1960 and its amend- clothing in question ... In the circumstances, ments and in particular section 16 thereof I would retain the existing provisions. the Totalisator Agency Board has the sole 6. The wording of the award as it stands at right to determine the terms and conditions present coupled with the remarks of the then of appointment of the members of the appli- President when issuing that award clearly, in my cant Union as officers of the said Board and opinion, require the issue of a particular item the remuneration which they are entitled to (overalls in this case) only when considered neces- receive for their services. sary or to use the President's wording, warranted. Before Chief Industrial Commissioner S. F. From the Board's inspection of the location of the Schnaars, Esq. job (not in any way confined) and the workers The 15th day of March, 1967. performing the work on this vessel (no substantial Mr J. Toohey of counsel appeared on behalf of degree of dust on their external clothing) it is the applicant. satisfied that if there is a degree of discomfort associated with this job it is not sufficient to Mr R. Chappell of counsel appeared on behalf of justify the board to direct the employer to pro- the respondent. vide overalls for the workers concerned. Judgment. MR COMMISSIONER SCHNAARS: On the 9th 7. It was forcibly and capably argued by Mr December, 1966, the Commission Agents Union of Troy that on past occasions in argument before Workers of Western Australia filed a reference of industrial authorities advocates for employers of industrial dispute, the Scope clause of which labour in this industry had submitted as grounds reads— why other special allowances or margins should This award shall have application to the not be increased was that protective clothing was calling of Commission Agents in the employ freely supplied. Similarly he submitted that other groups of employers employing these same workers of the respondent. had on some previous occasions provided overalls On the 4th January, 1967, the respondent, the on jobs being performed in what he claimed would Totalisator Agency Board, filed an answer in the be similar circumstances. The latter submission following terms:— was substantially correct but the work was being (1) The applicant is not entitled to the award performed elsewhere than at this slipway where sought in paragraph 4 of the reference, or fixed scaffold at various levels was erected. any award under the said Act because its members are not workers within the 8. Neither of the arguments advanced in the meaning of the said Act; previous paragraph can be considered by this (2) Alternatively, the Totalisator Agency Board Board. The Board's function under clause 32 (a) disputes each and every claim appearing in is clearly limited to determining that the nature the schedule attached to the reference. of the employment of the particular job in question By arrangement between the parties it was is such that the Board should order the employer decided that paragraph 1 of the answer should be to provide the protective clothing set out in this determined as a preliminary point; and the matter clause where the employer has refused to do so. was listed for hearing on Monday, the 13th March, In the opinion of the Board the nature of em- 1967. At that hearing, Mr Chappell, of counsel for ployment on this job does not warrant such a the respondent, contended that section 16 of the decision and by a majority (Mr Troy dissenting) Totalisator Agency Board Betting Act conferred on it so determines. the Board the sole right of determining the terms, Dated at Perth this 20th day of February, 1967. conditions and remuneration of all officers and employees of that Board, whether or not those R. R. ELLIS, persons are employed as workers within the mean- Chairman. ing of the Industrial Arbitration Act, 1912-1966. 160 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

Consequently, he contended that this Commission This Industrial Commission has jurisdiction to does not have jurisdiction to deal with the refer- hear and determine references of industrial dispute ence of industrial dispute as filed by the applicant relating, inter alia, to matters of remuneration and union, irrespective of any conclusion which may be general conditions of employment which involve envisaged from a consideration of paragraph 1 of workers within the meaning of the Act. This wide the answer. and general power can, however, be restricted by Following that submission, Mr Toohey, of counsel, the terms of other Statutes. In such cases it can for the applicant, sought an adjournment on the be said that the general rule applying under the grounds that the matters raised were not set out Arbitration Act is limited by an exception to that in the answers to the reference. An adjournment rule. That section 16 of the T.A.B. Act provides was granted and the hearing resumed this morning, such an exception to the jurisdiction generally the 15th March, 1967. exercised by the Industrial Commission, is actually Since the previous hearing the respondents have the substantive ground on which the respondent amended the original answer and a copy has been relies. served on the applicant. That amended answer As mentioned by Mr Toohey, the legislature ap- reads— pears to distinguish as between "agents" and "offi- The Totalisator Agency Board in answer to cers and employees". For example, in section 15, the applicant's claim says as follows: paragraph (c), the Board is given the authority to (1) The Western Australian Industrial prescribe the duties of its "officers, agents and em- Commission has no jurisdiction to deal ployees"; whilst under section 16, subsection (2) with the applicant's claim because, by the word "agent" does not appear and the Board virtue of the provisions of the Totalis- is given the authority to decide the terms, condit- ator Agency Board Betting Act, 1960, ions and remuneration of the manager, secretary and its amendments, and in particular and other officers and employees. Similar distinc- section 16 thereof, the Totalisator tions are evident in other sections of the Act where Agency Board has the sole right to the word "agent" appears in addition to the words determine the terms and conditions of "officers and employees". appointment of the members of the Mr Toohey has contended, therefore, as the first applicant union as officers of the said ground of his reply that agents are excluded from Board and the remuneration which the provisions of section 16. they are entitled to receive for their services; The Scope clause of the reference of industrial (2) The applicant is not entitled to the dispute, to which I have already referred, refers to award sought in paragraph 4 of the "commission agents in the employ of the respond- reference or any award under the said ent", and notwithstanding the difference in the Act because its members are not work- wording as between section 15 and section 16 and ers within the meaning of the said other sections, Mr Chappell contends that "agents Act; in the employ of the respondent" are, in fact, (3) Alternatively, the Totalisator Agency officers within the meaning of section 16. I will Board disputes each and every claim leave the matter of the difference in wording at appearing in the schedule attached to this stage, and proceed to what I consider to be the reference. the major question to be first determined and that Paragraph 2 of the amended answer has not yet is whether section 16 deprives this Commission of been argued by the parties, and the respondent jurisdiction in respect of any officers or employees contends that a conclusion on paragraph 1 in re- covered by that section. spect of the Board's powers under section 16 of the The respondent referred to section 29 of the Fire T.A.B. Act will, if favourable to the respondents, Brigades Act, in which it is clearly specified that dispose of further argument related to paragraph 2. the authority of that Board to do certain things is I will therefore confine my remarks to paragraph subject to the Arbitration Act and, in the absence 1 without any reference to matters which come of similar words in section 16 of the T.A.B. Act, within paragraph 2 of the answer. contended that the powers therein referred to are The Industrial Arbitration Act was assented to on confined solely to the Board. It may well be that the 21st December, 1912, and since that date has the legislature has clearly expressed its intention been amended on numerous occasions and is now in the Fire Brigades Act, but not perhaps so clearly referred to as the Industrial Arbitration Act, 1912- 1966. The T.A.B. Act was assented to on the 28th in the Statute which is now under consideration. November, 1960. It must be accepted that the In various sections of the T.A.B. Act the legis- legislature conferred power under the latter Act lature has specifically referred to other Acts. For with a full knowledge of existing legislation. example, section 20 commences with the words Section 16 of that Act reads— "notwithstanding anything contained in any other 1. The Board— Act or law to the contrary ..." Other sections of (a) may appoint and at any time remove a the T.A.B. Act are similarly phrased, but not sec- manager and a secrtary and such tion 16. It would, under these circumstances, be other officers as the Board considers more reasonable to say that, in the absence of a necessary for the purposes of this Act; "notwithstanding" provision attached to section 16, and the Arbitration Act does have application; rather (b) may employ such temporary or casual than to say that, in the absence of a "subject to" employees as it thinks fit for those provision, as contained in another Act—the Fire purposes. Brigades Act—the Arbitration Act does not have 2. The manager and secretary and other application. officers and employees respectively hold their The respondent contends that section 16 implies office or employment upon such terms and sub- that the Board is to be the final arbiter on matters ject to such conditions, and are entitled to affecting remuneration and conditions of employ- receive such remuneration for their services as ment of its officers and employees. Having regard the Board in each case from time to time to the general jurisdiction of the Industrial Com- determines. mission and the limited purposes of section 16 22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 161

which appear evident as being the legislature's in- BEFORE THE WESTERN AUSTRALIAN tention (and I will make a further reference to INDUSTRIAL COMMISSION. that aspect later) I find extreme difficulty in ac- cepting that proposition. When the Totalisator No. 34 of 1966. Agency Board came into being as a public authority Between the Commission Agents Union of Workers (section 5, subsection (5)) it was constituted as a of Western Australia, Applicant, and the body corporate capable of "doing and suffering all Totalisator Agency Board, Respondent, and in that bodies corporate can do and suffer" (section the matter of an objection, by the respondent, 5, subsection (3) ) and it was empowered, inter to an award being made, on the grounds re- alia, to "appoint such officers as it deemed neces- ferred to in paragraph 1 of the respondent's sary" (section 16 (1) ); "prescribe the duties of its amended answer, namely— officers, agents and employees" (section 15 (c) ) 1. The Western Australian Industrial and "determine the remuneration and conditions Commission has no jurisdiction to deal with of employment of its manager, secretary and other the applicant's claim because by virtue of the officers and employees" (section 16 (2)). provisions of the Totalisator Agency Board In so legislating, Parliament made it quite clear Betting Act 1960 and its amendments and in in the latter section that, within the framework particular section 16 thereof the Totalisator of the Board, it would not be the manager or Agency Board has the sole right to determine secretary who could do certain things but the Board the terms and conditions of appointment of as a corporate body which would exercise those the members of the applicant Union as offi- powers. If I could see some inconsistency between cers of the said Board and the remuneration the powers conferred on the Board and the juris- which they are entitled to receive for their diction exercised by this Commission, then I would services. incline to the view that the powers conferred on the HAVING heard Mr J. Toohey of counsel on behalf Board should prevail over the powers conferred on of the applicant and Mr R. Chappell of counsel on this Commission—but I cannot see any such in- behalf of the respondent, I, the undersigned, Chief consistency. Industrial Commissioner of The Western Australian The right of all employers (as argued by Mr Industrial Commission, in pursuance of the powers Toohey) is to determine the remuneration and con- contained in the Industrial Arbitration Act, 1912- ditions of employment of its employees; but that 1966, do hereby order and declare— right is at all times subject to minimums which That the abovementioned objection by the may be prescribed by this Commission in the course respondent be dismissed. of resolving industrial disputes. Section 16 of the T.A.B. Act, merely enacts in Dated at Perth this 15th day of March, 1967. the form of a Statute the unwritten law applying to (Sgd) S. F. SCHNAARS, all employers; and its main purpose, in my opinion, [L.S.l Commissioner. is to specify therein that the Board could not delegate the powers referred to in the subsection, as so often happens with corporate bodies, but, within the framework of the Totalisator Agency Board, must itself retain and exercise that author- DISPUTES™ ity. The determination by any employer of the Also under Section 137- remuneration of employees, whether within an em- ployer's ordinary rights or by statutory authority INTER N A TIO N A L COMBUSTION AUSTRALIA as expressed in section 16 of the T.A.B. Act, does LTD AND BOILERMAKERS' UNION AND not prevent an industrial dispute arising over such NUMEROUS WORKERS. matter and does not prevent this Commission from (Re Alleged Ban on Working of Overtime.) exercising its general powers to resolve any such IN THE WESTERN AUSTRALIAN industrial dispute. INDUSTRIAL COMMISSION. It is a well established rule that a Statute should not be construed so as to take away the jurisdiction No. 263 of 1967. of superior courts unless it does so by express words Between International Combustion Australia or necessary implication, and it would appear to me Limited, Applicant, and the Boilermakers' to be a departure from the principles involved in Society of Australia, Union of Workers, that rule to now assert that the Totalisator Agency Coastal Districts W.A. and the Workers whose Board has powers which deprive this Commission of names appear on the schedule annexed hereto, jurisdiction unless express words to that effect are Respondents. contained in section 16 or the words used carry a necessary implication. There are certainly not any Order. express words, such as the legislature has used in THIS matter by leave of the Commission on the section 20, and for the reasons I have expressed I ground that it was of an urgent nature having cannot see that the words suggest a necessary im- been heard by the Commission in Court Session plication. ex parte in Chambers and the Commission in Court For the foregoing reasons, and without becoming Session, having heard Mr D. L. T. Hosking on be- involved in any distinction which may or may not half of the applicant and haying read the Statu- have been envisaged by the legislature as between tory Declarations of Roy Inglis and George Ter- agents and other officers and employees in various rence Fletcher made on the 3rd day of March, sections of the T.A.B. Act, I would dismiss the 1967, hereby makes the following order to wit— objection in relation to paragraph 1 of the amended (1) That the respondent workers, the res- answers as filed by the Totalisator Agency Board pondent Union and its members are hereby and rule that section 16 of the T.A.B. Act does not enjoined from refusing, limiting or ban- constitute a bar to this Commission resolving the ning work as required by the applicant reference of industrial dispute filed by the applicant during ordinary or overtime hours of duty union. as provided for in the Metal Trades Order accordingly. (General) Award No. 13 of 1965. 162

(2) That the respondent Union and each of its officers shall not encourage any Application for an inquiry into an worker employed under the provisions of election — the said Award from refusing or failing to report for duty during ordinary or over- WATER, SEWERAGE AND DRAINAGE time hours as aforesaid. EMPLOYEES UNION. Dated at Perth this 7th day of March, 1967. IN THE WESTERN AUSTRALIAN By the Commission in Court Session, INDUSTRIAL APPEAL COURT. [L.S.] (Sgd) S. F. SCHNAARS, No. 2 of 1967. Commissioner. In the matter of the Government Water, Sewerage and Drainage Employees' Industrial Union of TAKE notice that non-compliance with this Order Workers, and in the matter of an application will render any person in default liable for pun- by Conrade Henry Benaim for an inquiry into ishment for an offence under the Industrial an election for the office of General President. Arbitration Act, 1912-1966; and take further notice WHEREAS an election has been conducted for the that any party or person affected by this Order office of General President of the Government may move the Commission in Court Session on Water, Sewerage and Drainage Employees' Indus- twenty-four hours' notice to the applicant to vary, trial Union; and whereas Conrade Henry Benaim a suspend or cancel the Order and take further member of the said Union claims that irregu- notice that it is hereby directed that a copy of larities have taken place in or in connection with this order together with a copy of the application the said election; and whereas the said Conrade and the Statutory Declarations in support thereof Henry Benaim has made application pursuant to be served by the applicant on the abovenamed res- section 36A of the Industrial Arbitration Act, pondents. 1912-1966, for an inquiry by the Western Australian Industrial Appeal Court into the matter; and whereas I, Raymond Bowyer, Industrial Registrar Annexure "A". under the said Act having considered the said Stanley Haley, 54 Cordelia Avenue, Coolbellup. application as required by section 36B of the said Thomas Williams, 191 South Street, Beaconsfield. Act and being satisfied there are reasonable Clarence Charles Sims, 56 Justinian Street, Pal- grounds for an inquiry into the question whether myra. there has been an irregularity in or in connection Roy William Rundle, 31 Hewison Road, Medina. with the election which may have affected the Allan Binks, 3 Lana Way, Rossmoyne. result of the election and that the circumstances Alan Stanley Clark, 4 Garry Street, Coolbellup. of the matter justify an inquiry by the Court William Thomas Roberts, 20 Kenton Way, Calista. hereby grant the application and refer the matter David James Bell, 97 Burnett Way, South Coogee. to the Court. Dennis William Lewis, 75 Aurelia Street, Palmyra. Dated at Perth the 1st day of March, 1967. Robert William Gray, 27 Money Road, Melville. (Sgd) R. BOWYER, Joseph Bigwood, Lot 207 Leontes Way, Coolbellup. Industrial Registrar. Wilfred Peel, 16 Visser Street, Coolbellup. William Percy Cork, 4 Visser Street, Coolbellup. Cyril Gordon Wollington, 3 Cutts Street, East Hamilton Hill. George Guthrie Sharkey, 6 Binfield Road, Medina. Dennis Eric Green, 2 Clydesdale Street, Alfred Application for Amalgamation— Cove. AUSTRALASIAN SOCIETY OF ENGINEERS' INDUSTRIAL UNION OF WORKERS, UNIONS- WESTERN AUSTRALIAN BRANCH. Registration of— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. AUSTRALIAN INSTITUTE OF MARINE AND POWER ENGINEERS File No. 53 of 1966. In the matter of the Industrial Arbitration Act, NOTICE 1912-1966, and in the matter of an application I, the undersigned, Assistant Registrar of the to register amalgamation of the Australasian Western Australian Industrial Commission, hereby Society of Engineers' Industrial Union of give notice that, pursuant to a direction given to me Workers, Perth, W.A.; Fremantle; Midland by the Commission in Court Session and dated the Junction Branch; Goldfields No. 1 Branch and 21st day of December, 1966, I have this day Collie River District, as Australasian Society registered the Society known as the Australian of Engineers' Industrial Union of Workers', Institute of Marine and Power Engineers, Western Western Australian Branch. Australian Union of Workers as an Industrial Before the Commission in Court Session. Union under the Industrial Arbitration Act 1912- 1966, the said Society having complied with the Chief Industrial Commissioner S. F. Schnaars, Esq., directions of the Commission in Court Session and Mr Commissioners D. E. Cort and J. R. dated the 21st day of December, 1966, and published Flanagan. in the Western Australian Industrial Gazette, The 3rd day of March, 1967. Vol. 46 at page 1357. Mr R. Anderson on behalf of the applicants. Mr G. W. Harris on behalf of the Federated Dated the 16th day of February, 1967. Ship Painters and Dockers' Union of Australia R. R. ELLIS, (West Australian Branch) Union of Workers and Assistant Registrar. the Waterside Workers' Federation of Australia (Union of Workers), Fremantle Branch. 22 March, 1967.] 163

Judgment. only refers to one employer and is designed to validate past practice and custom and as such MR COMMISSIONER SCHNAARS: This is the should be allowed. The objection is therefore unanimous decision of the Commission in Court over-ruled. Session. There is one other matter to which reference In this matter a number of registered unions of must be made. During the proceedings it was in- workers have applied for registration as one union dicated that an understanding had been reached to be known as the Australasian Society of with the Federated Engine Drivers and Firemen's Engineers' Industrial Union of Workers, Western Union of Workers of Western Australia, the Collie Australian Branch. The application is made pur- Federated Engine Drivers and Firemen's Union of suant to section 10 of the Industrial Arbitration Workers of Western Australia and the Australian Act, 1912-1966. That section enables two or more Workers' Union, Westralian Branch, Industrial industrial unions to apply for registration as one Union of Workers, which understanding was to be union, and if the application is granted the regis- noted in the transcript of proceedings. For this tration of every union affected is deemed to be reason objections were not filed by these unions cancelled. but in accordance with a recent decision of this Commission, that undertaking will need to be spelt The matters now to be determined are two out in the Constitution. objections which have been filed by registered in- dustrial unions of workers. In both instances the objections are related to that part of the proposed Under subsection (4) of section 10 an "applica- Constitution rule, which reads— tion to amalgamate" is deemed to be an application by a society for registration and ordinarily and (d) Persons engaged by B.P. (Fremantle) prior to registration a further general meeting Limited as bunkering operators, and would need to be called to approve the amendment bunkering attendants. required above. If this course is followed, regis- tration will then be approved. However, a modifi- The first objection was made by the Federated cation of that procedure has been sought under the Ship Painters and Dockers' Union of Australia new subsection (8) of section 23 which reads— (West Australian Branch) Union of Workers. Briefly stated, that objection was for the purpose Notwithstanding the foregoing provisions of of ensuring that deckhands or general labourers this Act and the rules of an industrial union, eligible to belong to the objecting union who may the Commission in Court Session on the appli- be employed on barges used for bunkering work cation of the industrial union, may direct that could not be regarded as bunkering operators or the procedure prescribed in those rules for attendants. amending, repealing or altering them may be It appears clear that a person whose substantial varied in such manner and to such extent as employment makes him eligible for membership of the Commission in Court Session, having the objecting union could not be regarded as a regard to the circumstances set out in the bunkering operator or attendant as envisaged by application, thinks fit and specifies in such the proposed rule. Furthermore, an application by direction. , the objecting union to cover "workers engaged in or in immediate connection with oil bunkering or but until the "society" is registered such an appli- oil fuelling of vessels", was refused in 1961 (41 cation cannot be made. To assist, we suggest the W.A.I.G. p. 1146); the Court then being of the following procedure could be adopted:— opinion that it could see little relation between the work of the majority of the members of the (1) The new union to be registered without Ship Painters and Dockers' Union and the work paragraph (d) of Rule 2—Constitution. involved in fuelling vessels. In view of the foregoing, there would not appear (2) On registration the new union to then to be any possibility of a genuine conflict arising apply under section 23 (8) for a modifi- between the Constitution of the objecting union cation in the procedure to permit the and the proposed rule, and we can see no reason Branch Executive referred to in Rule 29 for suggesting any modification of the proposed to approve an alteration to the Consitu- rule. tion in the terms used in paragraph (d), together with the aforementioned under- The second objection was made by the Waterside takings. Workers' Federation of Australia, (Union of Workers), Fremantle Branch. In this case the (3) Subject to the necessary approval being objector was mainly concerned with protecting its granted an application to amend the Con- existing consitutional rights so far as future stitution could be dealt with by the Com- developments may be concerned. Whilst recog- mission and in view of this decision those nising that the Australasian Society of Engineer's proceedings would be somewhat of a Industrial Union of Workers, Perth, W.A. had, formality. over many years, consistently looked after the industrial interests of the workers, the objector contended that as its Constitution already covered We suggest that Mr Anderson advise the Clerk to workers employed in fuelling ships, another union the Commission of the course to be taken, and sub- should not be registered for that work. ject to what we have said, the Registrar will, at It is clearly evident that the objector has taken the appropriate time, be directed to register the little or no interest in the workers concerned and new union. in the past has been prepared to leave the pro- tection of their industrial interests to the Aus- tralasian Society of Engineers. The proposed rule Decision accordingly. 164 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

NOTICE. I, the undersigned Assistant Registrar of the APPRENTICES- Western Australian Industrial Commission, hereby give notice that, pursuant to a direction given to Apprenticeship Boards- me by the Commission in Court Session and dated the 17th day of March, 1967 in an application Appointment of— under Section 10 of the Industrial Arbitration Act, 1912-1966 by the following unions— The Australasian Society of Engineers' Indus- BEFORE THE WESTERN AUSTRALIAN trial Union of Workers, Perth, W.A.; INDUSTRIAL COMMISSION. The Australasian Society of Engineers' Indus- trial Union of Workers, Fremantle; In the matter of Award No. 7 of 1964, and in the The Australasian Society of Engineers' Indus- matter of regulation 8 of the Apprenticeship trial Union of Workers, Midland Junction Regulations. Branch; THE Western Australian Apprenticeship Advisory The Australasian Society of Engineers' Indus- Council having considered the formation of an trial Union of Workers, Goldfields No. 1 Apprenticeship Board as set out in the schedule Branch; hereto and having sought and obtained nominations The Australasian Society of Engineers, Collie as contemplated by regulation 8 of the Apprentice- River District, Industrial Union of Workers; ship Regulations of persons to be representatives to be registered as one union, I have this day thereon and the said Council having referred the registered a society known as the Australasian matter of the appointment of such a Board to the Society of Engineers' Industrial Union of Workers, Western Australian Industrial Commisison in Court Western Australian Branch as an industrial Session and having also recommended the appoint- union under the abovementioned Act. ment of Mr J. E. H. Ward (Technical Officer of the Council) as Chairman of the said Board, the West- Dated at Perth this 20th day of March, 1967. ern Australian Industrial Commisison in Court Session pursuant to the provisions of the said regu- R. R. ELLIS, lation doth hereby of its own motion appoint the Assistant Registrar. Apprenticeship Board in accordance with the said schedule with representation as set out therein and further hereby appoints the said Mr J. E. H. Ward as Chairman of the said Board. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Dated the 21st day of February, 1967. File No. 53 of 1966. In the matter of the Industrial Arbitration Act, By the Western Australian Industrial Com- 1912-1966, and in the matter of an applica- mission in Court Session. tion to register amalgamation of the Aus- tralasian Society of Engineers' Industrial Union of Workers, Perth, W.A.; the Australa- (Sgd.) S. F. SCHNAARS, sian Society of Engineers' Industrial Union of Chief Commissioner. Workers, Fremantle; the Australasian Society of Engineers' Industrial Union of Workers, Midland Junction Branch; the Australasian (Sgd) D. CORT, Society of Engineers, Industrial Union of Commissioner. Workers, Goldfields No. 1 Branch, and The Australasian Society of Engineers, Collie River (Sgd) J. R. FLANAGAN, District, Industrial Union of Workers, as Aus- [L.S.J Commissioner. tralasian Society of Engineers' Industrial Union of Workers, Western Australian Branch. HAVING heard Mr R. Anderson on behalf of the applicants and Mr G. W. Harris on behalf of the Federated Ship Painters and Dockers' Union of Australia (West Australian Branch) Union of Schedule. Workers and the Waterside Workers' Federation of Australia (Union of Workers) Fremantle Apprenticeship Advisory Board. Branch, and the requirements of the abovemen- tioned Act and the regulations made thereunder having been complied with, the Commission in Trade. Court Session, pursuant to the powers vested in it Fibrous Plaster Fixing by the said Act, doth hereby direct the Registrar to register the Australasian Society of Engineers' Representatives. Industrial Union of Workers, Western Australian Branch, as a union and in accordance with the Education Department of W.A., V. Hall (Proxy W. rules as filed by the said union on the 4th day of Paterson). January, 1967. W.A. Employers' Federation (Inc.), L. Girdlestone, Dated at Perth this 17th day of March, 1967. T. Hodgson. By the Commission in Court Session, Operative Plasterers and Plaster Workers' Federa- [L.S.I (Sgd) S. F. SCHNAARS, tion of Australia; A. C. Lee, J. Sweeney. Commissioner. Chairman: J. E. H. Ward. 22 March, 1967.] western Australian industrial gazette. 165

Application for permission to take Reduction of Term of Registered or employ apprentices in excess of Apprenticeship Agreements -

fixed quota BEFORE THE WESTERN AUSTRALIAN STEEL INDUSTRY WORKERS. INDUSTRIAL COMMISSION. (Australian Iron and Steel.) Award No. 24 of 1962. No. 257 of 1967. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. In the matter of the Apprenticeship Regulations, No. 85 of 1967. 1964, and in the matter of an apprenticeship In the matter of the Industrial Arbitration Act, agreement made the 27th day of March, 1963, 1912-1966, and in the matter of an applica- and registered on the 14th day of May, 1963, tion by Australian Iron and Steel Pty Ltd, between the Coventry Motors (transferred to for an order of the Commission permitting the taking or employment of ten apprentices by S.E.C.) (employer); David Muilton Holden the applicant company to the trade of en- (apprentice); and Frank Alfred Holden (par- gineering-electrical fitting, notwithstanding ent) ; in the trade of Scientific Instrument that the quota fixed by the Steel Industry making. Workers (Australian Iron and Steel Pty Ltd) Award No. 24 of 1962, as amended, be ex- HAVING read and considered the application here- ceeded. in made under regulation 11 of the abovementioned HAVING read the application and the statutory regulations and having considered the recommenda- declaration of Henry John de Burgh annexed tion of the Western Australian Apprenticeship Ad- thereto and having heard Mr H. J. de Burgh on behalf of the applicant company; Mr R. Fletcher visory Council in relation thereto and by consent of on behalf of the Electrical Trades Union of all the parties to the above agreement and the Workers of Australia (Western Australian Branch), consent of the Amalgamated Engineering Union and Perth; Mr J. Mutton on behalf of the Coastal Dis- the Australasian Society of Engineers, I, the under- trict Committee Amalgamated Engineering Union Association of Workers, and Mr M. Jahn on be- signed Chief Industrial Commissioner of the West- half of the State Executive, Australasian Society ern Australian Industrial Commission, in pursuance of Engineers' Industrial Association of Workers, I, of the powers contained in the said regulations and the undersigned, Commissioner of The Western all powers therein enabling me do hereby approve Australian Industrial Commission, in pursuance of an allocation to me by the Chief Industrial Com- of a reduction in the term in said agreement to the missioner and in pursuance of the powers con- extent that the said apprenticeship shall be deemed tained in subregulation (2) of regulation 40 of the to have been satisfactorily completed at the date Apprenticeship Regulations made under the In- of this Order. dustrial Arbitration Act, 1912-1966, do hereby order that the abovementioned application be granted. Dated at Perth this 28th day of February, 1967. Dated at Perth this 22nd day of February, 1967. [L.S.] (Sgd) J. R. FLANAGAN, (Sgd) S. F. SCHNAARS. Commissioner. IX.S.] Commissioner.